CODING: Words stricken are deletions; words underlined are additions.House Bill 1997e1
HB 1997, First Engrossed
1 A bill to be entitled
2 An act relating to economic development;
3 authorizing the Secretary of State to appoint
4 Florida international notaries; providing
5 definitions; providing rulemaking authority;
6 authorizing the use of authentication methods
7 by international notaries; providing for effect
8 of acts of international notaries; amending s.
9 114, chapter 96-320, Laws of Florida; revising
10 the definition of "matching private funds";
11 amending s. 14.2015, F.S.; removing redundant
12 language; removing provisions allowing the
13 Office of Tourism, Trade, and Economic
14 Development to contract and use a percentage of
15 appropriated funds for administrative purposes;
16 authorizing the office to enter into certain
17 contract in connection with filfilling certain
18 duties; requiring the office to adopt certain
19 rules; amending s. 15.182, F.S.; requiring
20 certain state-funded musical, cultural, or
21 artistic organizations to notify the Department
22 of State of their international travel plans;
23 directing the department, in conjunction with
24 Enterprise Florida, Inc., to act as an
25 intermediary between such organizations and
26 Florida businesses; requiring the Department of
27 Lottery to determine the feasibility of
28 marketing the Florida Lottery internationally;
29 amending s. 48.194, F.S.; specifying that
30 service of process on persons outside the
31 United States may be required to comply with a
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HB 1997, First Engrossed
1 certain international convention; authorizing
2 the Office of Tourism, Trade, and Economic
3 Development to establish a pilot matching grant
4 program for the provision of job-training
5 grants; requiring the office to establish
6 guidelines for the program; limiting the use of
7 grant funds; requiring a grant agreement and a
8 report on program results; specifying that the
9 same proposal may not provide the basis for the
10 award of training under this pilot training
11 program and the Quick Response Training
12 Program; creating s. 110.191, F.S.; providing
13 for state employee leasing under certain
14 circumstances; providing criteria; providing
15 requirements; providing limitations relating to
16 certain positions; amending s. 110.205, F.S.;
17 specifying positions leased under a state
18 employee lease agreement as exempt from career
19 service provisions; amending s. 288.012, F.S.;
20 providing legislative intent; requiring the
21 Office of Tourism, Trade, and Economic
22 Development to develop a plan for State of
23 Florida foreign offices; requiring each foreign
24 office to have an operational plan; amending s.
25 288.047, F.S.; proscribing certain uses of
26 funds for the Quick-Response Training Program;
27 amending s. 288.063, F.S.; proscribing certain
28 uses of funds for contracts for economic
29 development transportation projects; amending
30 s. 288.1045, F.S.; proscribing certain uses of
31 funds for the qualified defense contractor tax
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HB 1997, First Engrossed
1 refund program; prohibiting the expenditure of
2 certain funds for business relocation;
3 providing for certain prorated tax refunds;
4 amending s. 288.106, F.S.; proscribing certain
5 uses of funds for the tax refund program for
6 qualified target industry businesses; amending
7 s. 288.772, F.S.; revising the definition of
8 the term "board" with respect to the Florida
9 Export Finance Corporation; amending s.
10 288.775, F.S.; requiring the board of the
11 Florida Export Finance Corporation to create
12 the Florida Export Finance Corporation
13 guarantee account; amending s. 288.776, F.S.;
14 revising the membership of the board of the
15 Florida Export Finance Corporation; providing
16 for appointment of members to the board;
17 amending s. 288.777, F.S.; revising provisions
18 relating to the appointment of a president for
19 the Florida Export Finance Corporation;
20 directing the board of the corporation to
21 appoint such president; amending s. 288.7771,
22 F.S.; revising the deadline for submitting an
23 annual report for the Florida Export Finance
24 Corporation; amending s. 288.816, F.S.;
25 revising the responsibilities of the Secretary
26 of State with respect to intergovernmental
27 relations; requiring law enforcement agencies
28 to inform the Department of State about the
29 arrest or incarceration of foreign citizens;
30 requiring the secretary to report to the
31 Legislature on actions taken to inform law
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HB 1997, First Engrossed
1 enforcement agencies on proper procedures
2 relating to such arrest or incarceration;
3 amending s. 288.8175, F.S.; authorizing the
4 Florida linkage institutes to accept and
5 administer funds from the Department of State
6 for research and development of international
7 trade; amending s. 288.901, F.S.; authorizing
8 Enterprise Florida, Inc., to hire certain
9 persons under a lease agreement program of the
10 Department of Management Services; amending s.
11 288.9015, F.S.; requiring Enterprise Florida,
12 Inc., to prepare a guide and checklist for
13 starting and operating a business in Florida;
14 amending s. 288.903, F.S.; requiring the
15 president of Enterprise Florida, Inc., to
16 coordinate Enterprise Florida, Inc., activities
17 with respect to participants in the WAGES
18 Program; amending s. 288.905, F.S.; revising
19 requirements for the strategic plan prepared by
20 Enterprise Florida, Inc.; providing for
21 modifications and updates to the strategic
22 plan; requiring specific issues to be included
23 in the strategic plan; requiring the
24 development of measurable objectives and
25 performance outcomes; providing limitations on
26 pay raises or bonuses for certain persons under
27 certain circumstances; amending s. 288.906,
28 F.S.; revising requirements for the annual
29 report by Enterprise Florida, Inc.; requiring
30 specific evaluations and assessments to be
31 included in the annual report; requiring an
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HB 1997, First Engrossed
1 annual compliance and financial audit; creating
2 s. 288.9415, F.S.; authorizing the Office of
3 Tourism, Trade, and Economic Development to
4 administer funds for international trade
5 promotion grants; providing application
6 criteria for such grants; directing the
7 International Trade and Economic Development
8 Board of Enterprise Florida, Inc., to review
9 such grant applications and make
10 recommendations to the Office of Tourism,
11 Trade, and Economic Development; authorizing
12 the Office of Tourism, Trade, and Economic
13 Development to establish a targeted market
14 pilot grant program to provide funding designed
15 to match Florida businesses with international
16 trade opportunities; providing application
17 procedures and criteria; authorizing the Office
18 of Tourism, Trade, and Economic Development to
19 contract with the Enterprise Florida Capital
20 Development Board to take actions for the
21 development of microenterprises; requiring the
22 office to adopt guidelines to administer the
23 microenterprise development program; requiring
24 the office to establish criteria for
25 competitive evaluation of funding applications
26 and program performance measures; amending s.
27 290.0411, F.S.; revising the legislative intent
28 for the Florida Small Cities Community
29 Development Block Grant Program Act to include
30 pledging public money to guarantee loans;
31 amending s. 290.044, F.S.; expanding
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HB 1997, First Engrossed
1 administration of the Florida Small Cities
2 Community Development Block Grant Program Fund
3 to include loan guarantees; conforming
4 provisions; creating s. 290.0455, F.S.;
5 creating the Small Cities Community Development
6 Block Grant Loan Guarantee Program; providing
7 for the purpose, administration, and conditions
8 of the program; authorizing the Department of
9 Community Affairs to pledge revenues from the
10 community development block grant program in
11 order to guarantee certain loans; amending s.
12 290.047, F.S.; exempting the loan guarantee
13 program authorized under s. 290.0455, F.S.,
14 from certain grant ceiling requirements;
15 providing for grant ceilings under the
16 Community Development Block Grant Program to be
17 reduced based on defaults on guaranteed loans;
18 amending s. 290.048, F.S.; authorizing the
19 Department of Community Affairs to pledge
20 community development block grant revenues to
21 guarantee certain notes or obligations;
22 amending s. 311.07, F.S.; providing for grant
23 funding for certain seaport intermodal access
24 projects; amending s. 311.11, F.S.; providing
25 that the Seaport Employment Training Grant
26 Program shall grant funds for the purpose of
27 stimulating and supporting seaport training and
28 employment programs; amending s. 320.20, F.S.;
29 requiring the deposit of a certain amount of
30 funds into the State Transportation Trust Fund
31 for purposes of funding the Florida Seaport
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HB 1997, First Engrossed
1 Transportation and Economic Development Program
2 and certain seaport intermodal access projects;
3 specifying uses and allocations of such funds;
4 creating s. 337.023, F.S.; authorizing the
5 Department of Transportation, when selling a
6 building, to accept the construction of a
7 replacement building totally or partially in
8 lieu of cash; providing for review and approval
9 of such action; amending s. 380.06, F.S.;
10 requiring local government comprehensive plan
11 amendments related to a proposed development of
12 regional impact to be considered concurrently
13 with the application for development approval;
14 amending s. 455.213, F.S.; authorizing the
15 Department of Business and Professional
16 Regulation to appoint the county tax collector
17 as an agent of the department for purposes of
18 accepting applications for licenses or renewals
19 of licenses; amending s. 455.2141, F.S.;
20 authorizing the Agency for Health Care
21 Administration to appoint the county tax
22 collector as an agent of the agency for
23 purposes of accepting applications for licenses
24 or renewals of licenses; authorizing the
25 Department of State and the Department of Labor
26 and Employment Security to appoint the county
27 tax collector as an agent of the department for
28 purposes of accepting applications for licenses
29 or similar registrations, or renewals of
30 licenses or similar registrations; amending s.
31 624.426, F.S.; exempting certain U.S. Customs
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HB 1997, First Engrossed
1 surety bonds from the resident agent and
2 counter-signature law; creating a tax refund
3 program for hiring certain school-aged
4 employees; providing for administration by the
5 Office of Tourism, Trade, and Economic
6 Development; providing definitions; providing
7 for employment/tax refund agreements; providing
8 penalties for fraudulent claims for refunds;
9 providing for future repeal; repealing s.
10 14.2015(7), F.S., relating to authorization for
11 the Office of Tourism, Trade, and Economic
12 Development to contract for assistance in
13 administering certain programs and functions;
14 repealing ss. 118.01, 118.02, 118.03, 118.04,
15 F.S., relating to commissioners of deeds;
16 providing appropriations for programs contained
17 in this act; providing severability; providing
18 for application; providing an incentive to
19 facilitate increased employment in Florida's
20 boat motor and vessel manufacturing industry;
21 providing for application; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. (1) As used in this section, the term:
27 (a) "Authentication instrument" means an instrument
28 executed by a Florida international notary referencing this
29 section, which includes the particulars and capacities to act
30 of transacting parties, a confirmation of the full text of the
31 instrument, the signatures of the parties or legal equivalent
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HB 1997, First Engrossed
1 thereof, and the signature and seal of a Florida international
2 notary as prescribed by the Florida Secretary of State for use
3 in a jurisdiction outside the borders of the United States.
4 (b) "Florida international notary" means a person who
5 is admitted to the practice of law in this state, who has
6 practiced law for at least 5 years, and who is appointed by
7 the Secretary of State as a Florida international notary.
8 (c) "Protocol" means a registry maintained by a
9 Florida international notary in which the acts of the Florida
10 international notary are archived.
11 (2) The Secretary of State shall have the power to
12 appoint Florida international notaries and administer this
13 section.
14 (3) A Florida international notary is authorized to
15 issue authentication instruments for use in non-United States
16 jurisdictions.
17 (4) The authentication instruments of a Florida
18 international notary shall not be considered authentication
19 instruments within the borders of the United States and shall
20 have no consequences or effects as authentication instruments
21 in the United States.
22 (5) The authentication instruments of a Florida
23 international notary shall be recorded in the Florida
24 international notary's protocol in a manner prescribed by the
25 Secretary of State.
26 (6) The Secretary of State may adopt rules
27 prescribing:
28 (a) The form and content of signatures and seals or
29 their legal equivalents for authentication instruments.
30 (b) Procedures for the permanent archiving of
31 authentication instruments.
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HB 1997, First Engrossed
1 (c) The charging of reasonable fees to be retained by
2 the Secretary of State for the purpose of administering this
3 section.
4 (d) Educational requirements and procedures for
5 testing applicants' knowledge of the effects and consequences
6 associated with authentication instruments in jurisdictions
7 outside the United States.
8 (e) Procedures for the disciplining of Florida
9 international notaries, including the suspension and
10 revocation of appointments for misrepresentation or fraud
11 regarding the Florida international notary's authority, the
12 effect of the Florida international notary's authentication
13 instruments, or the identities or acts of the parties to a
14 transaction.
15 (f) Other matters necessary for administering this
16 section.
17 (7) The Secretary of State shall not regulate,
18 discipline or attempt to discipline, or establish any
19 educational requirements for any Florida international notary
20 for, or with regard to, any action or conduct that would
21 constitute the practice of law in this state. The Secretary of
22 State shall not establish as a prerequisite to the appointment
23 of a Florida international notary any test containing any
24 question that inquires of the applicant's knowledge regarding
25 the practice of law in the United States.
26 (8) This section shall not be construed as abrogating
27 the provisions of any other act relating to notaries public,
28 attorneys, or the practice of law in this state.
29 Section 2. Subsection (3) of section 114 of chapter
30 96-320, Laws of Florida, is amended to read:
31 Section 114.
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HB 1997, First Engrossed
1 (3)(a) For the purposes of this section, matching
2 private funds include a conveyance of property, employee wages
3 paid during training, or payment or distribution of cash,
4 property, or anything of value, including contributions
5 in-kind having an attributable monetary value in any form,
6 made in response to a solicitation by Enterprise Florida,
7 Inc., and used exclusively by Enterprise Florida, Inc., in its
8 operations or programs. Contributions in-kind include, but
9 are not limited to, goods or services rendered. The cost of
10 the contribution shall be the reasonable cost to the sponsor
11 of the goods or services.
12 (b) Matching private funds do not include any payment,
13 distribution, or conveyance made by any entity to qualify for
14 any Enterprise Florida, Inc., state, or local incentive, grant
15 or loan program, or any funds received by Enterprise Florida,
16 Inc., pursuant to a grant or contract.
17 Section 3. Subsection (2) of section 14.2015, Florida
18 Statutes, 1996 Supplement, is amended to read:
19 14.2015 Office of Tourism, Trade, and Economic
20 Development; creation; powers and duties.--
21 (2) The purpose of the Office of Tourism, Trade, and
22 Economic Development is to assist the Governor in working with
23 the Legislature, state agencies, business leaders, and
24 economic development professionals to formulate and implement
25 coherent and consistent policies and strategies designed to
26 provide economic opportunities for all Floridians. To
27 accomplish such purposes, the Office of Tourism, Trade, and
28 Economic Development shall:
29 (a) Contract, notwithstanding the provisions of part I
30 of chapter 287, with Enterprise Florida, Inc., to guide,
31
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HB 1997, First Engrossed
1 stimulate, and promote the economic and trade development of
2 the state.
3 (b) Contract with the Florida Commission on Tourism to
4 guide, stimulate, and promote the travel and leisure
5 development of the state.
6 (a)(c) Contract, notwithstanding the provisions of
7 part I of chapter 287, with the direct-support organization
8 created under s. 288.1228, or a designated Florida
9 not-for-profit corporation whose board members have had prior
10 experience in promoting, throughout the state, the economic
11 development of the Florida motion picture, television, radio,
12 video, recording, and entertainment industries, to guide,
13 stimulate, and promote the entertainment industry in the
14 state.
15 (b)(d) Contract, notwithstanding the provisions of
16 part I of chapter 287, with the direct-support organization
17 created under s. 288.1229 to guide, stimulate, and promote the
18 sports industry in the state.
19 (c)(e) Monitor the activities of public-private
20 partnerships and state agencies in order to avoid duplication
21 and promote coordinated and consistent implementation of
22 programs in areas including, but not limited to, tourism;
23 international trade and investment; business recruitment,
24 creation, retention, and expansion; minority and small
25 business development; and rural community development.
26 (d)(f) Facilitate the direct involvement of the
27 Governor and the Lieutenant Governor in economic development
28 projects designed to create, expand, and retain Florida
29 businesses and to recruit worldwide business.
30 (e)(g) Assist the Governor, in cooperation with
31 Enterprise Florida, Inc., and the Florida Commission on
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HB 1997, First Engrossed
1 Tourism, in preparing an annual report to the Legislature on
2 the state of the business climate in Florida and on the state
3 of economic development in Florida which will include the
4 identification of problems and the recommendation of
5 solutions. This report shall be submitted to the President of
6 the Senate, the Speaker of the House of Representatives, the
7 Senate Minority Leader, and the House Minority Leader by
8 January 1 of each year, and it shall be in addition to the
9 Governor's message to the Legislature under the State
10 Constitution and any other economic reports required by law.
11 (f)(h) Plan and conduct at least three quarterly
12 meetings per calendar year of leaders in business, government,
13 and economic development called by the Governor to address the
14 business climate in the state, develop a common vision for the
15 economic future of the state, and identify economic
16 development efforts to fulfill that vision.
17 (g)(i) Administer the Florida Enterprise Zone Act
18 under ss. 290.001-290.016, the community contribution tax
19 credit program under ss. 220.183 and 624.5105, the tax refund
20 program for qualified target industry businesses under s.
21 288.106, contracts for transportation projects under s.
22 288.063, the sports franchise facility program under s.
23 288.1162, the professional golf hall of fame facility program
24 under s. 288.1168, the Florida Jobs Siting Act under ss.
25 403.950-403.972, the Rural Community Development Revolving
26 Loan Fund under s. 288.065, the Regional Rural Development
27 Grants Program under s. 288.018, the Florida State Rural
28 Development Council, and the Rural Economic Development
29 Initiative.
30 2. The office may enter into contracts in connection
31 with the fulfillment of its duties concerning the Florida
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HB 1997, First Engrossed
1 First Business Bond Pool under chapter 159, foreign offices
2 under chapter 288, the Enterprise Zone program under chapter
3 290, the Seaport Employment Training program under chapter
4 311, the Florida Professional Sports Team License Plates under
5 chapter 320, Spaceport Florida under chapter 331, Job Siting
6 and Expedited Permitting under chapter 403, and in carrying
7 out other functions that are specifically assigned to the
8 office by law.
9 (h)(j) Serve as contract administrator for the state
10 with respect to contracts with Enterprise Florida, Inc., the
11 Florida Commission on Tourism, and all direct-support
12 organizations under this act, excluding those relating to
13 tourism. To accomplish the provisions of this act and
14 applicable provisions of chapter 288, and notwithstanding the
15 provisions of part I of chapter 287, the office shall enter
16 into specific contracts with Enterprise Florida, Inc., the
17 Florida Commission on Tourism, and other appropriate
18 direct-support organizations. Such contracts may be multiyear
19 and shall include specific performance measures for each year.
20 The office shall provide the President of the Senate and the
21 Speaker of the House of Representatives with a report by
22 February 1 of each year on the status of these contracts,
23 including the extent to which specific contract performance
24 measures have been met by these contractors.
25 (i)(k) Prepare and submit as a separate budget entity
26 a unified budget request for tourism, trade, and economic
27 development in accordance with chapter 216 for, and in
28 conjunction with, Enterprise Florida, Inc., and its boards,
29 the Florida Commission on Tourism and its direct-support
30 organization, the Florida Black Business Investment Board, and
31
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HB 1997, First Engrossed
1 the direct-support organizations created to promote the
2 entertainment and sports industries.
3 (j) Promulgate rules to carry out its functions in
4 connection with the administration of the Qualified Target
5 Industry program, the Qualified Defense Contractor program,
6 the Enterprise Zone program and the Florida First Business
7 Bond pool.
8 Section 4. Section 15.182, Florida Statutes, is
9 created to read:
10 15.182 International travel by state-funded musical,
11 cultural, or artistic organizations; notification to
12 Department of State.--
13 (1) If a musical, cultural, or artistic organization
14 that receives state funding is traveling internationally for a
15 presentation, performance, or other significant public
16 viewing, including an organization associated with a college
17 or university, such organization shall notify the Department
18 of State of its intentions to travel, together with the date,
19 time, and location of each appearance. It is the desire of the
20 Legislature that such cultural exchanges be coordinated with
21 the state's economic development goals. The Secretary of State
22 shall notify Enterprise Florida, Inc., of the intended travel
23 schedule of all such organizations, including, but not limited
24 to, symphonies, orchestras, dance troops, bands, choirs,
25 choral groups, drama troops, musical performing groups,
26 traveling exhibitions sponsored by museums, and performance
27 artists.
28 (2) The Department of State, in conjunction with
29 Enterprise Florida, Inc., shall act as an intermediary between
30 performing musical, cultural, and artistic organizations and
31 Florida businesses to encourage and coordinate joint
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HB 1997, First Engrossed
1 undertakings. Such coordination may include, but is not
2 limited to, encouraging business and industry to sponsor
3 cultural events, assistance with travel of such organizations,
4 and coordinating travel schedules of cultural performance
5 groups and international trade missions.
6 (3) An organization shall provide the notification to
7 the Department of State required by this section at least 30
8 days prior to the date the international travel is to commence
9 or, when an intention to travel internationally is not formed
10 at least 30 days in advance of the date the travel is to
11 commence, as soon as feasible after forming such travel
12 intention. The Department of State shall take an active role
13 in informing such groups of the responsibility to notify the
14 department of travel intentions.
15 Section 5. The Florida Department of Lottery shall
16 determine the feasibility of marketing the Florida Lottery
17 internationally and issue a report regarding such feasibility
18 to the Legislature by January 2, 1998.
19 Section 6. Subsection (1) of section 48.194, Florida
20 Statutes, is amended to read:
21 48.194 Personal service outside state.--
22 (1) Except as otherwise provided herein, service of
23 process on persons outside of this state shall be made in the
24 same manner as service within this state by any officer
25 authorized to serve process in the state where the person is
26 served. No order of court is required. An affidavit of the
27 officer shall be filed, stating the time, manner, and place of
28 service. The court may consider the affidavit, or any other
29 competent evidence, in determining whether service has been
30 properly made. Service of process on persons outside the
31 United States may be required to conform to the provisions of
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HB 1997, First Engrossed
1 the Hague Convention on the Service Abroad of Judicial and
2 Extrajudicial Documents in Civil or Commercial Matters.
3 Section 7. (1) Subject to specific appropriations in
4 the General Appropriations Act, the Office of Tourism, Trade,
5 and Economic Development may, for the 1997-1998 fiscal year,
6 establish a pilot matching grant program through which funding
7 will be provided on a competitive basis in order to create
8 employment opportunities for citizens of this state,
9 particularly participants in the Work and Gain Economic
10 Self-sufficiency (WAGES) Program. The grant program shall
11 encourage the submission of innovative, cost-efficient, and
12 performance-based training proposals designed to meet the
13 employment needs of specific businesses or business sectors.
14 An application for funding may be submitted by a private
15 business, an educational institution, a not-for-profit
16 corporation, a local or regional economic development council,
17 or other organization, or an application may be submitted
18 jointly on behalf of a combination of such entities.
19 (2) The Office of Tourism, Trade, and Economic
20 Development shall adopt guidelines for administering the
21 program and shall establish criteria for the competitive
22 evaluation of applications for funding. Evaluation criteria
23 must include, but need not be limited to:
24 (a) The number of people to be trained.
25 (b) The estimated number of jobs that will be created
26 as a result of the training.
27 (c) The extent to which the proposed training is not
28 currently available through other sources or the extent to
29 which the proposed training improves upon training currently
30 available through other sources.
31
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HB 1997, First Engrossed
1 (d) The forecasts of employment demand for the
2 occupation to which the training will apply.
3 (e) The commitment of the applicant to hire or to
4 secure employment for participants in the WAGES Program.
5 (f) The qualifications of the proposed training
6 provider.
7 (3) Priority shall be given to proposals submitted on
8 behalf of a coalition of businesses.
9 (4) Funds may not be expended to subsidize the ongoing
10 staff development program of any business or industry.
11 (5) The Office of Tourism, Trade, and Economic
12 Development may award grants for not more than four
13 applications in any one fiscal year. Each grant awarded under
14 this program is limited to $500,000 and must be matched on a
15 one-for-one basis by nonstate dollars. Matching funds under
16 this section shall not count toward the private matching funds
17 required under s. 114, chapter 96-320, Laws of Florida.
18 (6) Before allocating funds for any request under this
19 program, the Office of Tourism, Trade, and Economic
20 Development shall prepare a grant agreement between the grant
21 recipient and the Office of Tourism, Trade, and Economic
22 Development. Such agreement must include, but is not limited
23 to, permission for the Office of Tourism, Trade, and Economic
24 Development to access information specific to the job
25 placement and performance of program participants upon the
26 completion of instruction for evaluation purposes. If funds
27 are being allocated directly to a private business or group of
28 private businesses, the agreement prepared under this
29 subsection must provide that 50 percent of the public training
30 funds will be withheld until the Office of Tourism, Trade, and
31 Economic Development determines that the business has or
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HB 1997, First Engrossed
1 businesses have created the number of positions specified in
2 the agreement and filled those positions with individuals who
3 have completed the training.
4 (7) Upon completing all training funded under this
5 pilot program, the Office of Tourism, Trade, and Economic
6 Development shall report on the outputs and outcomes for this
7 program as part of the annual report prepared under s.
8 14.2015(2)(g), Florida Statutes. Such report must include a
9 recommendation on whether it would be sound public policy to
10 continue or discontinue funding for the program.
11 (8) The Office of Tourism, Trade, and Economic
12 Development may not award a grant under this section if the
13 same training proposal provided the basis for training awarded
14 under s. 288.047, Florida Statutes. An applicant awarded a
15 training grant under this section may not thereafter receive
16 training under s. 288.047, Florida Statutes, in connection
17 with the same training proposal.
18 Section 8. Section 110.191, Florida Statutes, is
19 created to read:
20 110.191 State Employee Leasing.--
21 (1) In situations where the legislature has expressly
22 authorized the state, an agency or the judicial branch as
23 defined in s. 110.203 to lease employees, the Executive Office
24 of the Governor for the executive branch or the Chief Justice
25 for the judicial branch may authorize any of the following
26 actions related to such state employee leasing activities,
27 provided that the direct cost of such actions are to be paid
28 or reimbursed within 30 days after payment by the entity or
29 person to whom the employees are leased:
30
31
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HB 1997, First Engrossed
1 (a) Create a separate budget entity from which leased
2 employees shall be paid and transfer the positions authorized
3 to be leased to that budget entity.
4 (b) Provide increases in the operating budget entity.
5 (c) Authorized lump-sum salary bonuses to leased
6 employees, however any lump-sum salary bonus above the
7 automatic salary increases which may be contained in the
8 General Appropriations Act must be funded from private
9 sources.
10 (d) Approve increases in salary rate for positions
11 which are leased, however, any salary rate above the automatic
12 salary increases which may be contained in the General
13 Appropriations Act must be funded from private sources.
14 (e) Waive any requirement for automatic salary
15 increases which may be contained in the General Appropriations
16 Act.
17 (2) Positions which are in the Senior Management
18 Service System or the Selected Exempt Service System on the
19 day before the state employee lease agreement takes effect
20 shall remain in the respective system if the duties performed
21 by the position during the assignment of the state employee
22 lease agreement are comparable as determined by the
23 department. Those Senior Management Service System or
24 Selected Exempt Service System positions which are not
25 determined comparable by the department and positions which
26 are in other pay plans on the day before the lease agreement
27 takes effect shall have the same salaries and benefits
28 provided to employees of the Office of the Governor pursuant
29 to s. 110.205(2)(k)2.
30 Section 9. Paragraph (u) of subsection (2) of section
31 110.205, Florida Statutes, is created to read:
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1 110.205 Career service; exemptions.--
2 (2) EXEMPT POSITIONS.--The exempt positions which are
3 not covered by this part include the following, provided that
4 no position, except for positions established for a limited
5 period of time pursuant to paragraph (h), shall be exempted if
6 the position reports to a position in the career service:
7 (u) Positions which are leased pursuant to a state
8 employee lease agreement expressly authorized by the
9 legislature pursuant to s. 110.191.
10 Section 10. Section 288.012, Florida Statutes, 1996
11 Supplement, is amended to read:
12 288.012 State of Florida foreign offices.--The
13 Legislature finds that the expansion of international trade
14 and tourism is vital to the overall health and growth of the
15 economy of this state. This expansion is hampered by the lack
16 of technical and business assistance, financial assistance,
17 and information services for businesses in this state. The
18 Legislature finds that these businesses could be assisted by
19 providing these services at State of Florida foreign offices.
20 The Legislature further finds that the accessibility and
21 provision of services at these offices can be enhanced through
22 cooperative agreements or strategic alliances between state
23 entities, local entities, foreign entities, and private
24 businesses.
25 (1) The Office of Tourism, Trade, and Economic
26 Development is authorized to:
27 (a) Establish and operate offices in foreign countries
28 for the purpose of promoting the trade and economic
29 development of the state, and promoting the gathering of trade
30 data information and research on trade opportunities in
31 specific countries.
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1 (b) Enter into agreements with governmental and
2 private sector entities to establish and operate offices in
3 foreign countries containing provisions which may be in
4 conflict with general laws of the state pertaining to the
5 purchase of office space, employment of personnel, and
6 contracts for services. When agreements pursuant to this
7 section are made which set compensation in foreign currency,
8 such agreements shall be subject to the requirements of s.
9 215.425, but the purchase of foreign currency by the Office of
10 Tourism, Trade, and Economic Development to meet such
11 obligations shall be subject only to s. 216.311.
12 (c) By September 1, 1997, the Office of Tourism,
13 Trade, and Economic Development shall develop a plan for the
14 disposition of the current foreign offices and the development
15 and location of additional foreign offices. The plan shall
16 include, but is not limited to, a determination of the level
17 of funding needed to operate the current offices and any
18 additional offices and whether any of the current offices need
19 to be closed or relocated. Enterprise Florida, Inc., the
20 Florida Tourism Commission, the Florida Ports Council, the
21 Department of State, the Department of Citrus, and the
22 Department of Agriculture shall assist the Office of Tourism,
23 Trade, and Economic Development in the preparation of the
24 plan. All parties shall cooperate on the disposition or
25 establishment of the offices and ensure that needed space,
26 technical assistance, and support services are provided to
27 such entities at such foreign offices.
28 (2) By June 30, 1998, each foreign office shall have
29 in place an operational plan approved by the participating
30 boards or other governing authority, a copy of which shall be
31 provided to the Office of Tourism, Trade, and Economic
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HB 1997, First Engrossed
1 Development. These operating plans shall be reviewed and
2 updated each fiscal year and shall include, at a minimum, the
3 following:
4 (a) Specific policies and procedures encompassing the
5 entire scope of the operation and management of each office.
6 (b) A comprehensive, commercial strategic plan
7 identifying marketing opportunities and industry-sector
8 priorities for the foreign country or area in which a foreign
9 office is located.
10 (c) Provisions for access to information for Florida
11 businesses through the Florida Trade Data Center. Each
12 foreign office shall obtain and forward trade leads and
13 inquiries to the center on a regular basis as called for in
14 the plan pursuant to paragraph (1)(c).
15 (d) Identification of new and emerging market
16 opportunities for Florida businesses. Each foreign office
17 shall provide the Florida Trade Data Center with a compilation
18 of foreign buyers and importers in industry-sector priority
19 areas on an annual basis. In return, the Florida Trade Data
20 Center shall make available to each foreign office, and to the
21 entities identified in paragraph (1)(c), trade industry,
22 commodity, and opportunity information as specified in the
23 plan required in that paragraph. This information shall be
24 provided to the offices and the entities identified in
25 paragraph (1)(c) either free of charge or on a fee basis with
26 fees set only to recover the costs of providing the
27 information.
28 (e) Provision of access for Florida businesses to the
29 services of the Florida Trade Data Center, international trade
30 assistance services provided by state and local entities,
31
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1 seaport and airport information, and other services identified
2 in the plan pursuant to paragraph (1)(c).
3 (f) Qualitative and quantitative performance measures
4 for each office including, but not limited to, the number of
5 businesses assisted, the number of trade leads and inquiries
6 generated, the number of foreign buyers and importers
7 contacted, and the amount and type of marketing conducted.
8 (3)(2) The Office of Tourism, Trade, and Economic
9 Development, in connection with the establishment, operation,
10 and management of any of its offices located in a foreign
11 country, is exempt from the provisions of ss. 255.21, 255.25,
12 and 255.254 relating to leasing of buildings; ss. 283.33 and
13 283.35 relating to bids for printing; ss. 287.001-287.20
14 relating to purchasing and motor vehicles; and ss.
15 282.003-282.111 relating to communications, and from all
16 statutory provisions relating to state employment.
17 (a) The Office of Tourism, Trade, and Economic
18 Development may exercise such exemptions only upon prior
19 approval of the Governor.
20 (b) If approval for an exemption under this section is
21 granted as an integral part of a plan of operation for a
22 specified foreign office, such action shall constitute
23 continuing authority for the Office of Tourism, Trade, and
24 Economic Development to exercise the exemption, but only in
25 the context and upon the terms originally granted. Any
26 modification of the approved plan of operation with respect to
27 an exemption contained therein must be resubmitted to the
28 Governor for his or her approval. An approval granted to
29 exercise an exemption in any other context shall be restricted
30 to the specific instance for which the exemption is to be
31 exercised.
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1 (c) As used in this subsection, the term "plan of
2 operation" means the plan developed pursuant to subsection (2)
3 a compilation of the specific policies and procedures
4 encompassing the entire scope of the operation and management
5 of an office established by the Office of Tourism, Trade, and
6 Economic Development in a foreign country.
7 (d) Upon final action by the Governor with respect to
8 a request to exercise the exemption authorized in this
9 subsection, the Office of Tourism, Trade, and Economic
10 Development shall report such action, along with the original
11 request and any modifications thereto, to the President of the
12 Senate and the Speaker of the House of Representatives within
13 30 days.
14 (4)(3) Where feasible and appropriate, and subject to
15 s. 288.1224(10), foreign offices established and operated
16 under this section may provide one-stop access to the economic
17 development, trade, and tourism information, services, and
18 programs of the state. Where feasible and appropriate, and
19 subject to s. 288.1224(10), such offices may also be
20 collocated with other foreign offices of the state.
21 (5)(4) The Office of Tourism, Trade, and Economic
22 Development is authorized to make and to enter into contracts
23 with Enterprise Florida, Inc., and the Florida Commission on
24 Tourism to carry out the provisions of this section. The
25 authority, duties, and exemptions provided in this section
26 apply to Enterprise Florida, Inc., and the Florida Commission
27 on Tourism to the same degree and subject to the same
28 conditions as applied to the Office of Tourism, Trade, and
29 Economic Development. To the greatest extent possible, such
30 contracts shall include provisions for cooperative agreements
31 or strategic alliances between state entities, foreign
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HB 1997, First Engrossed
1 entities, local entities, and private businesses to operate
2 foreign offices.
3 Section 11. Subsection (3) of section 288.047, Florida
4 Statutes, 1996 Supplement, is amended to read:
5 288.047 Quick-response training for economic
6 development.--
7 (3) Enterprise Florida, Inc., shall ensure that
8 instruction funded pursuant to this section is not available
9 through the local community college, school district, or
10 private industry council and that the instruction promotes
11 economic development by providing specialized entry-level
12 skills to new workers or supplemental skills to current
13 employees whose job descriptions are changing. Such funds may
14 not be expended to subsidize the ongoing staff development
15 program of any business or industry or to provide training for
16 instruction related to retail businesses. Funds made available
17 pursuant to this section may not be expended in connection
18 with the relocation of a business from one community to
19 another community in this state unless Enterprise Florida,
20 Inc., determines that without such relocation the business
21 will move outside this state or determines that the business
22 has a compelling economic rationale for the relocation which
23 creates additional jobs.
24 Section 12. Subsection (3) of section 288.063, Florida
25 Statutes, 1996 Supplement, is amended to read:
26 288.063 Contracts for transportation projects.--
27 (3) With respect to any contract executed pursuant to
28 this section, the term "transportation project" means a
29 transportation facility as defined in s. 334.03(31) which is
30 necessary in the judgment of the Office of Tourism, Trade, and
31 Economic Development to facilitate the economic development
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HB 1997, First Engrossed
1 and growth of the state. Except for applications received
2 prior to July 1, 1996, such transportation projects shall be
3 approved only as a consideration to attract new employment
4 opportunities to the state or expand or retain employment in
5 existing companies operating within the state, or to allow for
6 the construction or expansion of a state or federal
7 correctional facility in a county with a population of 50,000
8 or less that creates new employment opportunities or expands
9 or retains employment in the county. The Office of Tourism,
10 Trade, and Economic Development shall institute procedures to
11 ensure that small and minority businesses have equal access to
12 funding provided under this section. Funding for approved
13 transportation projects may include any expenses, other than
14 administrative costs and equipment purchases specified in the
15 contract, necessary for new, or improvement to existing,
16 transportation facilities. Funds made available pursuant to
17 this section may not be expended in connection with the
18 relocation of a business from one community to another
19 community in this state unless the Office of Tourism, Trade,
20 and Economic Development determines that without such
21 relocation the business will move outside this state or
22 determines that the business has a compelling economic
23 rationale for the relocation which creates additional jobs.
24 Section 13. Paragraph (h) is added to subsection (2)
25 and paragraph (g) is added to subsection (5) of section
26 288.1045, Florida Statutes, 1996 Supplement, and paragraph (c)
27 of subsection (4) of said section is amended, to read:
28 288.1045 Qualified defense contractor tax refund
29 program.--
30 (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
31
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1 (h) Funds made available pursuant to this section may
2 not be expended in connection with the relocation of a
3 business from one community to another community in this state
4 unless the Office of Tourism, Trade, and Economic Development
5 determines that without such relocation the business will move
6 outside this state or determines that the business has a
7 compelling economic rationale for the relocation which creates
8 additional jobs.
9 (4) QUALIFIED DEFENSE CONTRACTOR TAX REFUND
10 AGREEMENT.--
11 (c) The agreement shall be signed by the secretary and
12 the authorized officer of the qualified applicant within 30
13 days after the entry of a final order certifying the qualified
14 applicant pursuant to subsection (3).
15 (5) ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE
16 CONTRACTOR.--
17 (g) A prorated tax refund, less a 5 percent penalty,
18 shall be approved for a qualified applicant provided all other
19 applicable requirements have been satisfied and the applicant
20 proves to the satisfaction of the director that it has
21 achieved at least 80 percent of its projected employment.
22 Section 14. Paragraph (b) of subsection (3) of section
23 288.106, Florida Statutes, 1996 Supplement, is amended to
24 read:
25 288.106 Tax refund program for qualified target
26 industry businesses.--
27 (3) TAX REFUND; ELIGIBLE AMOUNTS.--
28 (b) The director may approve a qualified target
29 industry business to receive tax refund payments of up to
30 $5,000 times the number of jobs specified in the tax refund
31 agreement under subparagraph (5)(a)1., or up to $7,500 times
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HB 1997, First Engrossed
1 the number of jobs if the project is located in an enterprise
2 zone. A qualified target industry business may not receive
3 refund payments of more than 25 percent of the total tax
4 refunds specified in the tax refund agreement under
5 subparagraph (5)(a)1. in any fiscal year. Further, a qualified
6 target industry business may not receive more than $1.5
7 million in refunds under this section in any single fiscal
8 year, or more than $2.5 million in any single fiscal year if
9 the project is located in an enterprise zone. A qualified
10 target industry may not receive more than $5 million in refund
11 payments under this section in all fiscal years, or more than
12 $7.5 million if the project is located in an enterprise zone.
13 Funds made available pursuant to this section may not be
14 expended in connection with the relocation of a business from
15 one community to another community in this state unless the
16 Office of Tourism, Trade, and Economic Development determines
17 that without such relocation the business will move outside
18 this state or determines that the business has a compelling
19 economic rationale for the relocation which creates additional
20 jobs.
21 Section 15. Subsection (2) of section 288.772, Florida
22 Statutes, 1996 Supplement, is amended to read:
23 288.772 Definitions.--For purposes of ss.
24 288.771-288.778:
25 (2) "Board" means the board of directors of the
26 Florida Export Finance Enterprise Florida International Trade
27 and Economic Development Board or persons designated by
28 Enterprise Florida, Inc., to oversee the operations of the
29 Corporation.
30 Section 16. Subsection (1) of section 288.775, Florida
31 Statutes, 1996 Supplement, is amended to read:
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HB 1997, First Engrossed
1 288.775 Florida Export Finance Corporation Account.--
2 (1) The board Florida Intergovernmental Relations
3 Foundation, Inc., as established in s. 288.809, shall create
4 the Florida Export Finance Corporation Guarantee Account for
5 the purpose of receiving state, federal, and private financial
6 resources, and the return from investments of those resources,
7 and for the purposes of this part. The account shall be under
8 the exclusive control of the board.
9 Section 17. Section 288.776, Florida Statutes, 1996
10 Supplement, is amended to read:
11 288.776 Board of directors; powers and duties.--
12 (1)(a) The corporation shall have a board of directors
13 consisting of 15 members representing all geographic areas of
14 the state. Minority and gender representation must be
15 considered when making appointments to the board. The board
16 membership must include:
17 1. A representative of the following businesses, all
18 of which must be registered to do business in this state: a
19 foreign bank, a state bank, a federal bank, an insurance
20 company involved in covering trade financing risks, and a
21 small or medium-sized exporter.
22 2. The following persons or their designee: the
23 President of Enterprise Florida, Inc., the Comptroller, the
24 Secretary of State, a senior official of the United States
25 Department of Commerce, and the chair of the Black Business
26 Investment Board.
27 (b) Appointees who are not state or Federal Government
28 officials shall serve for a term of 3 years and shall be
29 eligible for reappointment. Nonstate and nonfederal official
30 vacancies on the board shall be filled by the board within 30
31 days after the effective date of the vacancy.
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HB 1997, First Engrossed
1 (2) Board members shall serve without compensation but
2 may be reimbursed for all necessary expenses in the
3 performance of their duties, including attending board
4 meetings and conducting board business.
5 (3) The board shall:
6 (a)(1) Prior to the expenditure of funds from the
7 export finance account, adopt bylaws, rules, and policies
8 which are necessary to carry out the responsibilities under
9 this part, particularly with respect to the implementation of
10 the corporation's programs to insure, coinsure, lend, provide
11 loan guarantees, and make direct, guaranteed, or
12 collateralized loans by the corporation to support export
13 transactions. The corporation's bylaws, rules, and policies
14 shall be reviewed and approved by Enterprise Florida, Inc.,
15 prior to final adoption by the board.
16 (b)(2) Hold regularly scheduled meetings, at least
17 quarterly, in order to carry out the objectives and
18 responsibilities of the board.
19 (c)(3) Issue an annual report to Enterprise Florida,
20 Inc., on the activities of the corporation, including an
21 evaluation of activities and recommendations for change. The
22 evaluation shall include the corporation's impact on the
23 following:
24 1.(a) Participation of private banks and other private
25 organizations and individuals in the corporation's export
26 financing programs.
27 2.(b) Access of small and medium-sized businesses in
28 this state to federal export financing programs.
29 3.(c) Export volume of the small and medium-sized
30 businesses in this state accessing the corporation's programs.
31
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HB 1997, First Engrossed
1 4.(d) Other economic and social benefits to
2 international programs in this state.
3 (d)(4) Adopt policies, including criteria,
4 establishing which exporters and export transactions shall be
5 eligible for insurance, coinsurance, loan guarantees, and
6 direct, guaranteed, or collateralized loans which may be
7 extended by the corporation. Pursuant to this subsection, the
8 board shall adopt rules to include the following criteria:
9 1.(a) Any individual signing any corporation loan
10 application and loan or guarantee agreement shall have an
11 equity in the business applying for financial assistance.
12 2.(b) Each program shall exclusively support the
13 export of goods and services by small and medium-sized
14 businesses which are domiciled in this state. Priority shall
15 be given to goods which have value added in this state.
16 3.(c) Financial assistance shall only be extended when
17 at least one of the following circumstances exists:
18 a.1. The assistance is required to secure the
19 participation of small and medium-sized export businesses in
20 federal, state, or private financing programs.
21 b.2. No conventional source of lender support is
22 available for the business from public or private financing
23 sources.
24
25 Personal financial records, trade secrets, or proprietary
26 information of applicants shall be confidential and exempt
27 from the provisions of s. 119.07(1).
28 (e)(5) Adopt requirements to ensure the full repayment
29 of loans and loan guarantees, plus accrued interest,
30 full-recourse claims, and indemnities on direct loan
31
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HB 1997, First Engrossed
1 originations sold by the corporation, and the solvency of any
2 insurance and coinsurance program extended under this part.
3 (f)(6) Approve any extension of insurance,
4 coinsurance, loans, loan guarantees, or direct loan
5 originations for sale, under this part.
6 (g)(7) Consult with Enterprise Florida, Inc., and its
7 boards, or any state or federal agency, to ensure that the
8 respective loan guarantee or working capital loan origination
9 programs are not duplicative and that each program makes full
10 use of, to the extent practicable, the resources of the other.
11 (h)(8) Work to secure a delegated line of authority
12 from the United States Export-Import Bank or other appropriate
13 federal or state agency or private sector entity in order to
14 take advantage of this possible funding or guarantee source.
15 (i)(9) Develop a streamlined application and review
16 process, including a survey of businesses to obtain the
17 statistics required in paragraph (c) subsection (3).
18 Section 18. Subsection (1) of section 288.777, Florida
19 Statutes, 1996 Supplement, is amended to read:
20 288.777 President of the corporation.--
21 (1) The board of directors of Enterprise Florida,
22 Inc., shall appoint a president of the Florida Export Finance
23 Corporation from a list of nominees submitted by the board.
24 The president shall be knowledgeable about private and public
25 export assistance and export financing programs.
26 Section 19. Section 288.7771, Florida Statutes, 1996
27 Supplement, is amended to read:
28 288.7771 Annual report of Florida Export Finance
29 Corporation.--By March 31 December 1 of each year, the
30 corporation shall submit to the Governor, the President of the
31 Senate, the Speaker of the House of Representatives, the
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HB 1997, First Engrossed
1 Senate Minority Leader, and the House Minority Leader a
2 complete and detailed report setting forth:
3 (1) The evaluation required in s. 288.7772(1).
4 (2) The report required in s. 288.776(3).
5 (3) Its assets and liabilities at the end of its most
6 recent fiscal year.
7 Section 20. Paragraph (f) of subsection (2) of section
8 288.816, Florida Statutes, 1996 Supplement, is amended to
9 read:
10 288.816 Intergovernmental relations.--
11 (2) The secretary shall be responsible for all
12 consular relations between the state and all foreign
13 governments doing business in Florida. The secretary shall
14 monitor United States laws and directives to ensure that all
15 federal treaties regarding foreign privileges and immunities
16 are properly observed. The secretary shall promulgate rules
17 which shall:
18 (f) Establish a system of communication to provide all
19 state and local law enforcement agencies with information
20 regarding proper procedures relating to the arrest or
21 incarceration of a foreign citizen. Florida law enforcement
22 agencies shall inform the Department of State Such agencies
23 shall be informed that when such arrest or incarceration
24 occurs., the agency must notify The secretary, who in turn
25 shall notify the appropriate foreign governmental official.
26 The secretary shall annually report on the actions taken to
27 inform law enforcement agencies, and on the cooperation from
28 such agencies, to the President of the Senate and the Speaker
29 of the House of Representatives.
30 Section 21. Subsection (10) is added to section
31 288.8175, Florida Statutes, 1996 Supplement, to read:
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1 288.8175 Linkage institutes between postsecondary
2 institutions in this state and foreign countries.--
3 (10) Linkage institutes may accept and administer
4 moneys provided by the Department of State for research and
5 development of international trade. The Secretary of State
6 shall, by March 1, report to the Governor, the President of
7 the Senate, and the Speaker of the House of Representatives in
8 each year in which the Department of State has provided moneys
9 for a linkage institute. The report must detail the purpose of
10 the expenditure by the Department of State and the use of the
11 moneys by the linkage institutes and must include a copy of
12 the research documents or related materials produced, if any.
13 Section 22. Subsection (2) of section 288.901, Florida
14 Statutes, is amended to read:
15 288.901 Enterprise Florida, Inc.; creation;
16 membership; organization; meetings; disclosure.--
17 (2) Enterprise Florida, Inc., shall establish one or
18 more corporate offices, at least one of which shall be located
19 in Leon County. Persons employed by the Department of Commerce
20 on the day prior to July 1, 1996, whose jobs are privatized,
21 shall be given preference, if qualified, for similar jobs at
22 Enterprise Florida, Inc. When practical, those jobs shall be
23 located in Leon County. All available resources, including
24 telecommuting, must be employed to minimize the negative
25 impact on the Leon County economy caused by job losses
26 associated with the privatization of the Department of
27 Commerce. The Department of Management Services may establish
28 a lease agreement program under which Enterprise Florida,
29 Inc., may hire any individual who, as of June 30, 1996, is
30 employed by the Department of Commerce or who, as of January
31 1, 1997, is employed by the Executive Office of the Governor
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HB 1997, First Engrossed
1 and has responsibilities specifically in support of the
2 Workforce Development Board established under s. 288.9620 of
3 this act. Under such agreement, the employee shall retain his
4 or her status as a state employee but shall work under the
5 direct supervision of Enterprise Florida, Inc. Retention of
6 state employee status shall include the right to participate
7 in the Florida Retirement System. The Department of Management
8 Services shall establish the terms and conditions of such
9 lease agreements.
10 Section 23. Paragraph (b) of subsection (3) of section
11 288.9015, Florida Statutes, 1996 Supplement, is amended, and
12 subsection (5) is added to said section, to read:
13 288.9015 Enterprise Florida, Inc.; purpose; duties.--
14 (3) It shall be the responsibility of Enterprise
15 Florida, Inc., to develop a comprehensive approach to
16 workforce development that will result in better employment
17 opportunities for the residents of this state. Such
18 comprehensive approach must include:
19 (b) Training, educating, and assisting target
20 populations, such as those who are economically disadvantaged
21 or who participate in the WAGES Program or otherwise receive
22 public assistance to become independent, self-reliant, and
23 self-sufficient. This approach must ensure the effective use
24 of federal, state, local, and private resources in reducing
25 the need for public assistance.
26 (5) As part of its business development and marketing
27 responsibilities, Enterprise Florida, Inc., shall prepare a
28 business guide and checklist that contains basic information
29 on the federal, state, and local requirements for starting and
30 operating a business in this state. The guide and checklist
31 must describe how additional information can be obtained on
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HB 1997, First Engrossed
1 any such requirements and shall include, to the extent
2 feasible, the names, addresses, and telephone numbers of
3 appropriate government agency representatives. The guide and
4 checklist must also contain information useful to persons who
5 may be starting a business for the first time, including, but
6 not limited to, information on business structure, financing,
7 and planning.
8 Section 24. Paragraph (h) of subsection (3) of section
9 288.903, Florida Statutes, 1996 Supplement, is redesignated as
10 paragraph (i) and a new paragraph (h) is added to subsection
11 (3) of said section to read:
12 288.903 Board of directors of Enterprise Florida,
13 Inc.; president; employees.--
14 (3) The president:
15 (h) Shall coordinate all activities and
16 responsibilities of Enterprise Florida, Inc., with respect to
17 participants in the WAGES Program.
18 Section 25. Section 288.905, Florida Statutes, 1996
19 Supplement, is amended to read:
20 288.905 Duties of the board of directors of Enterprise
21 Florida, Inc.--
22 (1) In the performance of its functions and duties,
23 the board of directors may establish and implement policies,
24 strategies, and programs for Enterprise Florida, Inc., and its
25 boards. In developing such policies, strategies, and programs,
26 the board of directors shall, among other things, address the
27 needs of blighted inner-city communities that have
28 unacceptable levels of unemployment and economic
29 disinvestment, with the ultimate goal of creating jobs for the
30 residents of such communities. In developing such policies,
31
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1 strategies, and programs, the board of directors shall solicit
2 advice from and consider the recommendations of its boards.
3 (2) The board of directors shall, in conjunction with
4 the Office of Tourism, Trade, and Economic Development,
5 develop a strategic plan for economic development for the
6 State of Florida. Such plan shall be submitted to the
7 Governor, the President of the Senate, the Speaker of the
8 House of Representatives, the Senate Minority Leader, and the
9 House Minority Leader by January 1, 1997, and shall be updated
10 or modified before January 1, 1998, and annually thereafter.
11 The plan must be approved by the board of directors prior to
12 submission to the Governor and Legislature. The plan shall
13 include, but is not limited to:
14 (a) Allocation of public and private resources to
15 specific activities that will return the greatest benefit to
16 the economy of this state. Including delineation on the amount
17 of funds that should be expended on each component of the
18 plan.
19 (b) Identification of programs that will enhance the
20 capabilities of small and minority businesses. The plan
21 should include ways to improve and increase the access to
22 information, services, and assistance for small and minority
23 businesses.
24 (c)1. Specific provisions for the stimulation of
25 economic development and job creation in rural areas and
26 mid-size cities and counties of the state. These provisions
27 shall include, but are not limited to, the identification of
28 all rural counties in the state and rural cities located in
29 nonrural counties; the identification of all mid-size cities
30 and counties in the state; the identification of the economic
31 development and job creation goals of the rural cities and
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HB 1997, First Engrossed
1 counties and mid-size cities; the identification of rural
2 areas of critical concern; the identification of specific
3 local, state, and federal financial and technical assistance
4 resources available to rural cities and counties and mid-size
5 cities and counties for economic and community development;
6 the identification of private sector resources available to
7 rural cities and counties and mid-size cities and counties for
8 economic and community development; and specific methods for
9 the use of the resources identified in the plan to meet the
10 goals identified in the plan.
11 2. Enterprise Florida, Inc., shall involve the local
12 governments of the cities and counties identified pursuant to
13 subparagraph 1., as well as any other local, state, and
14 federal rural development entities, both public and private,
15 in developing and carrying out any provisions.
16 (d)1. Specific provisions for the stimulation of
17 economic development and job creation in small businesses and
18 minority businesses. These provisions shall include, but are
19 not limited to, the identification of federal, state, and
20 local financial and technical resources available for small
21 businesses and minority businesses; and specific methods for
22 the use of the resources identified in the plan to meet the
23 goal of job creation in small businesses and minority
24 businesses in the state.
25 2. Enterprise Florida, Inc., shall involve local,
26 state, and federal small business and minority business
27 development agencies and organizations, both public and
28 private, in developing and carrying out any provisions.
29 (e) Creation of workforce training programs that lead
30 to better employment opportunities and higher wages.
31
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HB 1997, First Engrossed
1 (f) Promotion of business formation, expansion,
2 recruitment, and retention, including programs that enhance
3 access to appropriate forms of financing for businesses in
4 this state.
5 (g) Promotion of the successful long-term
6 internationalization of this state, including programs that
7 establish viable overseas markets, generate foreign
8 investment, assist in meeting the financing requirements of
9 export-ready firms, broaden opportunities for international
10 joint venture relationships, use the resources of academic and
11 other institutions, coordinate trade assistance and
12 facilitation services, and facilitate availability of and
13 access to education and training programs which will assure
14 requisite skills and competencies necessary to compete
15 successfully in the global marketplace.
16 (h) Promotion of the growth of high technology and
17 other value-added industries and jobs.
18 (i) Addressing the needs of blighted inner-city
19 communities that have unacceptable levels of unemployment and
20 economic disinvestment, with the ultimate goal of creating
21 jobs for the residents of such communities.
22 (j) Identifying business sectors that are of current
23 or future importance to the state's economy and to the state's
24 worldwide business image, and developing specific strategies
25 to promote the development of such sectors.
26 (3)(a) The strategic plan shall also include
27 recommendations regarding specific performance standards and
28 measurable outcomes. By July 1, 1997, Enterprise Florida,
29 Inc., in consultation with the Office of Program Policy
30 Analysis and Government Accountability, shall establish
31 performance-measure outcomes for Enterprise Florida, Inc., and
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1 its boards. Enterprise Florida, Inc., in consultation with
2 the Office of Program Policy Analysis and Government
3 Accountability, shall develop a plan for monitoring its
4 operations to ensure that performance data are maintained and
5 supported by records of the organization. By July 1, 1998, and
6 biennially thereafter, Enterprise Florida, Inc., in
7 consultation with the Office of Program Policy Analysis and
8 Government Accountability, shall review the
9 performance-measure outcomes for Enterprise Florida, Inc., and
10 its boards, and make any appropriate modifications to them. In
11 developing measurable objectives and performance outcomes,
12 Enterprise Florida, Inc., shall consider the effect of its
13 programs, activities, and services on its client population.
14 Enterprise Florida, Inc., shall establish standards such as
15 job growth among client firms, growth in the number and
16 strength of businesses within targeted sectors, client
17 satisfaction, venture capital dollars invested in small and
18 minority businesses, businesses retained and recruited,
19 employer wage growth, minority business participation in
20 technology assistance and development programs, and increased
21 export sales among client companies to use in evaluating
22 performance toward accomplishing the mission of Enterprise
23 Florida, Inc.
24 (b) The performance standards and measurable outcomes
25 established and regularly reviewed by Enterprise Florida,
26 Inc., under this subsection must also include benchmarks and
27 goals to measure the impact of state economic development
28 policies and programs. Such benchmarks and goals may include,
29 but are not limited to:
30
31
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HB 1997, First Engrossed
1 1. Net annual job growth rate in this state compared
2 to neighboring southern states and the United States as a
3 whole.
4 2. Unemployment rate in this state compared to
5 neighboring southern states and the United States as a whole.
6 3. Wage distribution based on the percentage of people
7 working in this state who earned 15 percent below the state
8 average, within 15 percent of the state average, and 15
9 percent or more above the state average.
10 4. Annual percentage of growth in the production of
11 goods and services within Florida compared to neighboring
12 southern states and the United States as a whole.
13 5. Changes in jobs in this state by major industry
14 based on the percentage of growth or decline in the number of
15 full-time or part-time jobs in this state.
16 6. Number of new business startups in this state.
17 7. Goods produced in this state that are exported to
18 other countries.
19 8. Capital investment for commercial and industrial
20 purposes, agricultural production and processing, and
21 international trade.
22 (c)(b) Prior to the 1999 Regular Session of the
23 Legislature, the Office of Program Policy Analysis and
24 Government Accountability shall conduct a review of Enterprise
25 Florida, Inc., and its boards. The review shall be
26 comprehensive in its scope, but, at a minimum, must be
27 conducted in such a manner as to specifically determine:
28 1. The progress towards achieving the established
29 outcomes.
30
31
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HB 1997, First Engrossed
1 2. The circumstances contributing to the
2 organization's ability to achieve, not achieve, or exceed its
3 established outcomes.
4 3. The progress towards achieving the established
5 goals of the Cypress Equity Fund and whether the strategy
6 underlying the fund is appropriate.
7 4. Whether it would be sound public policy to continue
8 or discontinue funding the organization, and the consequences
9 of discontinuing the organizations. The report shall be
10 submitted by January 1, 1999, to the President of the Senate,
11 the Speaker of the House of Representatives, the Senate
12 Minority Leader, and the House Minority Leader.
13 (d)(c) Prior to the 2003 Regular Session of the
14 Legislature, the Office of Program Policy Analysis and
15 Government Accountability, shall conduct another review of
16 Enterprise Florida, Inc., and its boards using the criteria in
17 paragraph (c) (b). The report shall be submitted by January 1,
18 2003, to the President of the Senate, the Speaker of the House
19 of Representatives, the Senate Minority Leader, and the House
20 Minority Leader.
21 (4) The board of directors shall coordinate the
22 economic development activities and policies of Enterprise
23 Florida, Inc., with municipal, county, and regional economic
24 development organizations to establish and further develop the
25 role of local economic development organizations as the
26 primary service-delivery agents for economic development
27 services. Where feasible, the board shall work with regional
28 economic development organizations in the delivery of services
29 of Enterprise Florida, Inc., and its boards.
30 (5) Enterprise Florida, Inc., shall deposit into
31 African-American-qualified public depositories and
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HB 1997, First Engrossed
1 Hispanic-American-qualified public depositories a portion of
2 any moneys received by Enterprise Florida, Inc., and its
3 boards from the state.
4 (6) Any employee leased by Enterprise Florida, Inc.,
5 from the state, or any employee who derives their salary from
6 funds appropriated by the Legislature, may not receive a pay
7 raise or bonus in excess of a pay raise or bonus that is
8 received by similarly situated state employees. However, this
9 subsection does not prohibit the payment of a pay raise or
10 bonus from funds received from sources other than the Florida
11 Legislature.
12 Section 26. Subsection (1) of section 288.906, Florida
13 Statutes, 1996 Supplement, is amended to read:
14 288.906 Annual report of Enterprise Florida, Inc.;
15 audits; confidentiality.--
16 (1) Prior to December 1 of each year, Enterprise
17 Florida, Inc., shall submit to the Governor, the President of
18 the Senate, the Speaker of the House of Representatives, the
19 Senate Minority Leader, and the House Minority Leader a
20 complete and detailed report including, but not limited to
21 setting forth:
22 (a) A description of the operations and
23 accomplishments of Enterprise Florida, Inc., and its boards,
24 and an identification of any major trends, initiatives, or
25 developments affecting the performance of any program or
26 activity. Its operations and accomplishments during the
27 fiscal year;
28 (b) An evaluation of progress towards achieving
29 organizational goals and specific performance outcomes, both
30 short term and long term, established pursuant to s. 288.905.
31 Its business and operational plan and its economic development
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HB 1997, First Engrossed
1 plan, including recommendations on methods for implementing
2 and funding the economic development plan;
3 (c) Methods for implementing and funding the
4 operations of Enterprise Florida, Inc., and its boards. Its
5 assets and liabilities at the end of its most recent fiscal
6 year; and
7 (d) A description of the operations and
8 accomplishments of Enterprise Florida, Inc., and its boards,
9 with respect to furthering the development and viability of
10 small and minority businesses, including any accomplishments
11 relating to capital access and technology and business
12 development programs. A copy of an annual financial and
13 compliance audit of its accounts and records conducted by an
14 independent certified public accountant performed in
15 accordance with rules adopted by the Auditor General.
16 (e) A description of the operations and
17 accomplishments of Enterprise Florida, Inc., and its boards
18 with respect to furthering the development and viability of
19 rural cities and counties, and mid-size cities and counties in
20 this state.
21 (f) A description and evaluation of the operations and
22 accomplishments of Enterprise Florida, Inc., and its boards
23 with respect to interaction with local and private economic
24 development organizations, including an identification of any
25 specific programs or activities which promoted the activities
26 of such organizations and an identification of any specific
27 programs or activities which promoted a comprehensive and
28 coordinated approach to economic development in this state.
29 (g) An assessment of employee training and job
30 creation that directly benefits participants in the WAGES
31 Program.
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1 (h) An annual compliance and financial audit of
2 accounts and records by an independent certified public
3 accountant at the end of its most recent fiscal year performed
4 in accordance with rules adopted by the Auditor General.
5
6 The detailed report required by this subsection shall also
7 include the information identified in paragraphs (a)-(h)(d),
8 if applicable, for any board established within the corporate
9 structure of Enterprise Florida, Inc.
10 Section 27. Effective July 1, 1998, section 288.9415,
11 Florida Statutes, is created to read:
12 288.9415 International Trade Grants.--
13 (1) The Office of Tourism, Trade, and Economic
14 Development in the Executive Office of the Governor may accept
15 and administer moneys appropriated to the office for providing
16 grants for promotion of international trade.
17 (2) A county, municipality, economic development
18 council, or a not-for-profit association of businesses
19 organized to assist in the promotion of international trade
20 may apply for a grant of state funds for the promotion of
21 international trade.
22 (3) The International Trade and Economic Development
23 Board of Enterprise Florida, Inc., shall review each
24 application for a grant to promote international trade and
25 shall submit annually to the Office of Tourism, Trade, and
26 Economic Development for approval lists of all applications
27 that are recommended by the International Trade and Economic
28 Development Board for the award of grants, arranged in order
29 of priority. The Office of Tourism, Trade, and Economic
30 Development may allocate grants only for projects that are
31 approved or for which funds are appropriated by the
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HB 1997, First Engrossed
1 Legislature. Projects approved and recommended by the
2 International Trade and Economic Development Board which are
3 not funded by the Legislature shall be retained on the project
4 list for the following grant cycle only. All projects that
5 are retained shall be required to submit such information as
6 may be required by the Office of Tourism, Trade, and Economic
7 Development as of the established deadline date of the latest
8 grant cycle in order to adequately reflect the most current
9 status of the project.
10 Section 28. (1) For fiscal year 1997-1998 and subject
11 to appropriation in the General Appropriations Act, the Office
12 of Tourism, Trade, and Economic Development shall establish a
13 targeted market pilot project grant program, through which
14 funding will be provided on a competitive basis, which
15 successfully matches local businesses in this state with
16 specific international trade opportunities. The Legislature
17 finds that it is in the best interests of the state to
18 encourage and assist businesses in this state to actively
19 participate in international trade. Office of Tourism, Trade,
20 and Economic Development shall consult with the Florida
21 Council of International Development in the development of
22 this program.
23 (2) Grant proposals must be submitted by local or
24 regional economic development councils. Proposals must include
25 research assignments to the foreign offices of Enterprise
26 Florida, Inc., identifying potential foreign markets for
27 products now produced in this state, or which may easily be
28 produced by existing businesses in this state. Proposals must
29 also include a list of local businesses that are well suited
30 to participate in the program and the targeted international
31 market or products that the business would pursue.
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HB 1997, First Engrossed
1 Participating businesses are required to act as mentors,
2 assisting the local or regional economic development councils
3 in matching local businesses to future international trade
4 opportunities.
5 (3) The Office of Tourism, Trade, and Economic
6 Development shall adopt guidelines for administering the
7 program and shall establish criteria for the competitive
8 evaluation of grant proposals for funding. Evaluation criteria
9 must include, but is not limited to:
10 (a) The quality of the business identification
11 research.
12 (b) Cost effectiveness and cost per business served.
13 (c) Comprehensiveness of services offered, including,
14 but not limited to, training and guidance.
15 (d) Projected employment.
16 (e) Projected employment of WAGES Program
17 participants.
18 (f) The extent to which existing grants address the
19 targeted international market.
20 (4) The Office of Tourism, Trade, and Economic
21 Development shall establish procedures for the identification
22 and validation of targeted international markets by the
23 Florida foreign offices, as established under s. 288.012,
24 Florida Statutes, for use in this program.
25 (5) The Office of Tourism, Trade, and Economic
26 Development shall establish performance measures for this
27 program prior to providing grant moneys to any entity and
28 shall report such measures to the Governor, the President of
29 the Senate, and the Speaker of the House of Representatives.
30 Section 29. (1) Subject to specific appropriations in
31 the General Appropriations Act, the Office of Tourism, Trade,
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HB 1997, First Engrossed
1 and Economic Development may contract with the Enterprise
2 Florida Capital Development Board or some other appropriate
3 not-for-profit or governmental organization for any action
4 that the office deems necessary to foster the development of
5 microenterprises in the state. As used within this section,
6 microenterprises are extremely small business enterprises
7 which enable low and moderate income individuals to achieve
8 self-sufficiency through self-employment. Microenterprise
9 programs are those which provide at least one of the
10 following: small amounts of capital, business training and
11 technical assistance. Where feasible, the office or
12 organizations under contract with the office shall work in
13 cooperation with other organizations active in the study and
14 support of microenterprises. Such actions may include, but
15 are not limited to:
16 (a) Maintaining a network of communication and
17 coordination among existing microenterprise lending and
18 assistance programs throughout the state.
19 (b) Providing information and technical help to
20 community-based or regional organizations attempting to
21 establish new microenterprise programs.
22 (c) Encouraging private-sector investment in
23 microenterprises and microenterprise lending programs.
24 (d) Fostering mentoring and networking relationships
25 among microenterprises and other businesses and public bodies
26 in order to give microenterprises access to management advice
27 and business leads.
28 (e) Incorporating microenterprise components into the
29 capital development programs and other business development
30 programs operated by Enterprise Florida, Inc., and its
31 affiliates.
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HB 1997, First Engrossed
1 (f) Providing organizational, financial, and marketing
2 support for conferences, workshops, or similar events that
3 focus on microenterprise development.
4 (g) Establishing a program and guidelines for the
5 award of matching grants on a competitive basis to support the
6 operational expenses of not-for-profit organizations and
7 government agencies that are engaged in microenterprise
8 lending and other microenterprise assistance activities.
9 (h) Coordinating with other organizations to ensure
10 that participants in the WAGES Program are given opportunities
11 to create microenterprises.
12 (2) The office shall adopt guidelines for
13 administering the program and shall establish criteria for the
14 competitive evaluation of applications for funding. The
15 office shall establish performance measures for this program
16 prior to providing grant moneys to any entity and shall report
17 such measures to the Governor, the President of the Senate,
18 and the Speaker of the House of Representatives.
19 Section 30. Section 290.0411, Florida Statutes, is
20 amended to read:
21 290.0411 Legislative intent and purpose of ss.
22 290.0401-290.049.--It is the intent of the Legislature to
23 provide the necessary means to develop, preserve, redevelop,
24 and revitalize Florida communities exhibiting signs of decline
25 or distress by enabling local governments to undertake the
26 necessary community development programs. The overall
27 objective is to create viable communities by providing decent
28 housing and suitable living environments and expanding
29 economic opportunities, principally for persons of low or
30 moderate income. The purpose of ss. 290.0401-290.049 is to
31 assist local governments in carrying out effective community
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HB 1997, First Engrossed
1 development activities to arrest and reverse community decline
2 and restore community vitality. Community development
3 activities to maintain viable communities, revitalize existing
4 communities, expand economic development and employment
5 opportunities, and improve housing conditions and expand
6 housing opportunities, providing direct benefit to persons of
7 low or moderate income, are the primary purposes of ss.
8 290.0401-290.049. The Legislature, therefore, declares that
9 the development, redevelopment, preservation, and
10 revitalization of communities in this state and all the
11 purposes of ss. 290.0401-290.049 are public purposes for which
12 public money may be borrowed, expended, loaned, pledged to
13 guarantee loans, and granted.
14 Section 31. Subsections (1), (2), (3), and (4) of
15 section 290.044, Florida Statutes, are amended to read:
16 290.044 Florida Small Cities Community Development
17 Block Grant Program Fund; administration; distribution.--
18 (1) The Florida Small Cities Community Development
19 Block Grant Program Fund is created. All revenue designated
20 for deposit in such fund shall be deposited by the appropriate
21 agency. The department shall administer this fund as a grant
22 and loan guarantee program for carrying out the purposes of
23 ss. 290.0401-290.049 this act.
24 (2) The department shall distribute such funds as loan
25 guarantees and grants to eligible local governments on the
26 basis of a competitive selection process.
27 (3) The department shall define the broad community
28 development objective to be achieved by the activities in each
29 of the following grant program categories, and require
30 applicants for grants to compete against each other in these
31 grant program categories:
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HB 1997, First Engrossed
1 (a) Housing.
2 (b) Economic development.
3 (c) Neighborhood revitalization.
4 (d) Commercial revitalization.
5 (4) The percentage of funds distributed in each of the
6 grant program categories from federal funds for federal fiscal
7 year 1985 shall be established by the Legislature in the
8 appropriation process for the 1984 regular session and shall
9 be established annually thereafter in the same manner. The
10 department shall submit its recommendation on the distribution
11 percentages to the Governor and Legislature as part of its
12 regular budget proposals. The department shall provide for the
13 set-aside of an amount of up to 10 percent of the funds
14 allocated to the neighborhood revitalization category in its
15 distribution percentages for use in any eligible local
16 government jurisdiction for which an emergency or natural
17 disaster has been declared by executive order. Such funds may
18 only be provided to a local government to fund eligible
19 emergency-related activities for which no other source of
20 federal, state, or local disaster funds is available. The
21 department shall provide for such set-aside by rule. In the
22 last quarter of the state fiscal year, any funds not allocated
23 under the emergency-related set-aside shall be used to fully
24 fund any applications which were partially funded due to
25 inadequate funds in the most recently completed neighborhood
26 revitalization category funding cycle, and then any remaining
27 funds shall be distributed to the next unfunded applications.
28 Section 32. Section 290.0455, Florida Statutes, is
29 created to read:
30 290.0455 Small Cities Community Development Block
31 Grant Loan Guarantee Program.--
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HB 1997, First Engrossed
1 (1) The Small Cities Community Development Block Grant
2 Loan Guarantee Program is created. The department shall
3 administer the loan guarantee program pursuant to s. 108 of
4 Title I of the Housing and Community Development Act of 1974,
5 as amended, and as further amended by s. 910 of the
6 Cranston-Gonzalez National Affordable Housing Act. The purpose
7 of the Small Cities Community Development Block Grant Loan
8 Guarantee Program is to guarantee, or to make commitments to
9 guarantee, notes or other obligations issued by public
10 entities for the purposes of financing activities enumerated
11 in 24 C.F.R. s. 570.703.
12 (2) Activities assisted under the loan guarantee
13 program must meet the requirements contained in 24 C.F.R. ss.
14 570.700-570.710 and may not otherwise be financed in whole or
15 in part from the Florida Small Cities Community Development
16 Block Grant Program.
17 (3) The department may pledge existing revenues on
18 deposit or future revenues projected to be available for
19 deposit in the Florida Small Cities Community Development
20 Block Grant Program in order to guarantee, in whole or in
21 part, the payment of principal and interest on a loan made
22 under the loan guarantee program.
23 (4) The department must submit all applications it
24 receives to the United States Department of Housing and Urban
25 Development for loan approval, in the order received, subject
26 to the department determining that the application meets all
27 eligibility requirements contained in 24 C.F.R. ss.
28 570.700-570.710, and provided that the applicant has submitted
29 the proposed activity to a loan underwriter to document its
30 financial feasibility.
31
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HB 1997, First Engrossed
1 (5) The maximum amount of loan guarantee commitments
2 that any eligible local government may receive may be limited
3 to $7 million pursuant to 24 C.F.R. s. 570.705, and the
4 maximum amount of loan guarantee commitments statewide may not
5 exceed an amount equal to five times the amount of the most
6 recent grant received by the department under the Florida
7 Small Cities Community Development Block Grant Program.
8 (6) Loans guaranteed by the loan guarantee program
9 must be repaid within 20 years.
10 (7) Loan guarantees may be used for an activity only
11 if the local government provides evidence to the department
12 that alternative financing services were investigated and were
13 unavailable or insufficient to meet the financing needs of the
14 activity.
15 (8) The department must, before approving an
16 application for a loan, evaluate the applicant's prior
17 administration of block grant funds for community development.
18 The evaluation of past performance must take into account the
19 procedural aspects of previous grants or loans as well as
20 substantive results. If the department finds that any
21 applicant has failed to substantially accomplish the results
22 proposed in the applicant's last previously funded
23 application, the department may prohibit the applicant from
24 receiving a loan or may penalize the applicant in the rating
25 of the current application.
26 Section 33. Subsections (7) and (8) are added to
27 section 290.047, Florida Statutes, to read
28 290.047 Establishment of grant ceilings and maximum
29 administrative cost percentages; elimination of population
30 bias.--
31
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HB 1997, First Engrossed
1 (7) Grant ceilings do not apply to the loan guarantee
2 program authorized in s. 290.0455.
3 (8) If an applicant was the sponsor of an activity
4 under the Small Cities Community Development Block Grant Loan
5 Guarantee Program, and the loan for such activity is in
6 default, thereby requiring the department to reduce its annual
7 grant award in order to pay the annual debt service on the
8 applicant's loan, the department shall reduce the grant
9 ceiling available to such applicant in an amount equal to the
10 amount of the state's grant award required to be used for the
11 loan debt service.
12 Section 34. Subsection (6) is added to section
13 290.048, Florida Statutes, to read:
14 290.048 General powers of Department of Community
15 Affairs under ss. 290.0401-290.049.--The department has all
16 the powers necessary or appropriate to carry out the purposes
17 and provisions of the program, including the power to:
18 (6) Pledge community development block grant revenues
19 from the Federal Government in order to guarantee notes or
20 other obligations of a public entity which are approved
21 pursuant to s. 290.0455.
22 Section 35. Paragraph (b) of subsection (3) of section
23 311.07, Florida Statutes, 1996 Supplement, is amended to read:
24 311.07 Florida seaport transportation and economic
25 development funding.--
26 (3)
27 (b) Projects eligible for funding by grants under the
28 program are limited to the following port facilities or port
29 transportation projects:
30 1. Transportation facilities within the jurisdiction
31 of the port.
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HB 1997, First Engrossed
1 2. The dredging or deepening of channels, turning
2 basins, or harbors.
3 3. The construction or rehabilitation of wharves,
4 docks, structures, jetties, piers, storage facilities, cruise
5 terminals, automated people mover systems, or any facilities
6 necessary or useful in connection with any of the foregoing.
7 4. The acquisition of container cranes or other
8 mechanized equipment used in the movement of cargo or
9 passengers in international commerce.
10 5. The acquisition of land to be used for port
11 purposes.
12 6. The acquisition, improvement, enlargement, or
13 extension of existing port facilities.
14 7. Environmental protection projects which are
15 necessary because of requirements imposed by a state agency as
16 a condition of a permit or other form of state approval; which
17 are necessary for environmental mitigation required as a
18 condition of a state, federal, or local environmental permit;
19 which are necessary for the acquisition of spoil disposal
20 sites and improvements to existing and future spoil sites; or
21 which result from the funding of eligible projects listed
22 herein.
23 8. Transportation facilities as defined in s.
24 334.03(31) which are not otherwise part of the Department of
25 Transportation's adopted work program.
26 9. Seaport intermodal access projects identified in
27 the 5-year Florida Seaport Mission Plan as provided in s.
28 311.09(3).
29 Section 36. Subsection (1) of section 311.11, Florida
30 Statutes, 1996 Supplement, is amended to read:
31 311.11 Seaport Employment Training Grant Program.--
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HB 1997, First Engrossed
1 (1) The Office of Tourism, Trade, and Economic
2 Development, in cooperation with the Florida Seaport
3 Transportation and Economic Development Council, shall
4 establish a Seaport Employment Training Grant Program within
5 the office. The office shall may grant funds appropriated by
6 the Legislature to the program for the purpose of stimulating
7 and supporting seaport training and employment programs which
8 will seek to match state and local training programs with
9 identified job skills associated with employment opportunities
10 in the port, maritime, and transportation industries, and for
11 the purpose of providing such other training, educational, and
12 information services as required to stimulate jobs in the
13 described industries to seaport employment training programs
14 for the purpose of training residents in job skills associated
15 with employment opportunities related to economic development
16 activities developed by any seaport member of the council or
17 developed by the private sector in cooperation with any
18 seaport member of the council. Funds may be used for the
19 purchase of equipment to be used for training purposes, hiring
20 instructors, and any other purpose associated with the
21 training program. The office's contribution to any specific
22 training program may not exceed 50 percent of the total cost
23 of the program. Matching contributions from the seaport and
24 its private sector component may include services in kind,
25 including, but not limited to, training instructors, equipment
26 usage, and training facilities.
27 Section 37. Subsection (4) of section 320.20, Florida
28 Statutes, 1996 Supplement, is renumbered as subsection (5) and
29 new subsection (4) is added to said section, to read:
30 320.20 Disposition of license tax moneys.--The revenue
31 derived from the registration of motor vehicles, including any
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HB 1997, First Engrossed
1 delinquent fees and excluding those revenues collected and
2 distributed under the provisions of s. 320.081, must be
3 distributed monthly, as collected, as follows:
4 (4) Notwithstanding any other provision of law except
5 subsections (1), (2), and (3), on July 1, 1997, and annually
6 thereafter, $10 million shall be deposited in the State
7 Transportation Trust Fund solely for the purposes of funding
8 the Florida Seaport Transportation and Economic Development
9 Program as provided in ch. 311 and for funding seaport
10 intermodal access projects of statewide significance as
11 provided in s. 341.053. Such revenues shall be distributed to
12 any port listed in s. 311.09(1), to be used for funding
13 projects as follows:
14 (a) For any seaport intermodal access projects which
15 are identified in the 1997/98 Tentative Work Program of the
16 Department of Transportation up to the amounts needed to
17 offset the funding requirements of this section; and
18 (b) For seaport intermodal access projects as
19 described in 341.053(5) which are identified in the 5-year
20 Florida Seaport Mission Plan as provided in s. 311.09(3).
21 Funding for such projects shall be on a matching basis as
22 mutually determined by the Florida Seaport Transportation and
23 Economic Development Council and the Department of
24 Transportation, provided a minimum of 25 percent of total
25 project funds shall come from any port, local, private or
26 specifically earmarked federal funds; or
27 (c) On a 50-50 matching basis for projects as
28 described in s. 311.07(3)(b).
29
30 Such revenues may be assigned, pledged, or set aside as
31 a trust for the payment of principal or interest on bonds, tax
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1 anticipation certificates, or any other form of indebtedness
2 issued by an individual port or appropriate local government
3 having jurisdiction thereof, or collectively by interlocal
4 agreement among any of the ports, or used to purchase credit
5 support to permit such borrowings. However, such debt shall
6 not constitute a general obligation of the State of Florida.
7 This state does hereby covenant with holders of such revenue
8 bonds or other instruments of indebtedness issued hereunder
9 that it will not repeal or impair or amend this subsection in
10 any manner which will materially and adversely affect the
11 rights of holders so long as bonds authorized by this
12 subsection are outstanding. Any revenues which are not pledged
13 to the repayment of bonds as authorized by this section may be
14 utilized for purposes authorized under the Florida Seaport
15 Transportation and Economic Development Program. This revenue
16 source is in addition to any amounts provided for and
17 appropriated in accordance with s. 311.07 and s. 320.20(3).
18 The Florida Seaport Transportation and Economic Development
19 Council shall approve distribution of funds to ports for
20 projects which have been approved pursuant to s.
21 311.09(5)-(9), or for seaport intermodal access projects
22 identified in the 5-year Florida Seaport Mission Plan as
23 provided in s. 311.09(3) and mutually agreed upon by the FSTED
24 Council and the Department of Transportation. The council and
25 the Department of Transportation are authorized to perform
26 such acts as are required to facilitate and implement the
27 provisions of this subsection. To better enable the ports to
28 cooperate to their mutual advantage, the governing body of
29 each port may exercise powers provided to municipalities or
30 counties in s. 163.01(7)(d) subject to the provisions of ch.
31 311 and special acts, if any, pertaining to a port. The use of
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1 funds provided pursuant to this subsection are limited to
2 eligible projects listed in this subsection. The provisions of
3 s. 311.07(4) do not apply to any funds received pursuant to
4 this subsection.
5 Section 38. Section 337.023, Florida Statutes, is
6 created to read:
7 337.023 Sale of building; acceptance of replacement
8 building.--Notwithstanding the provisions of s. 216.292(4)(b),
9 if the department sells a building, the department may accept
10 the construction of a replacement building, in response to a
11 request for proposals, totally or partially in lieu of cash,
12 and may do so without a specific legislative appropriation.
13 Such action is subject to the approval of the Executive Office
14 of the Governor, and is subject to the notice, review, and
15 objection procedures under s. 216.177. The replacement
16 building shall be consistent with the current and projected
17 needs of the department as agreed upon by the department and
18 the Department of Management Services.
19 Section 39. Subsection (6) of section 380.06, Florida
20 Statutes, 1996 Supplement, is amended to read:
21 380.06 Developments of regional impact.--
22 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT;
23 CONCURRENT PLAN AMENDMENTS.--
24 (a) Prior to undertaking any development, a developer
25 that is required to undergo development-of-regional-impact
26 review shall file an application for development approval with
27 the appropriate local government having jurisdiction. The
28 application shall contain, in addition to such other matters
29 as may be required, a statement that the developer proposes to
30 undertake a development of regional impact as required under
31 this section.
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1 (b) Any local government comprehensive plan amendments
2 related to a proposed development of regional impact,
3 including any changes proposed under subsection (19), may be
4 initiated by a local planning agency or the developer and must
5 be considered by the local governing body at the same time as
6 the application for development approval using the procedures
7 provided for local plan amendment in s. 163.3187 or s.
8 163.3189 and applicable local ordinances, without regard to
9 statutory or local ordinance limits on the frequency of
10 consideration of amendments to the local comprehensive plan.
11 Nothing in this paragraph shall be deemed to require favorable
12 consideration of a plan amendment solely because it is related
13 to a development of regional impact. The procedure for
14 processing such comprehensive plan amendments is as follows:
15 1. If a developer seeks a comprehensive plan amendment
16 related to a development of regional impact, the developer
17 must so notify in writing the regional planning agency, the
18 applicable local government, and the state land planning
19 agency no later than the date of preapplication conference or
20 the submission of the proposed change under subsection (19).
21 2. When filing the application for development
22 approval or the proposed change, the developer must include a
23 written request for comprehensive plan amendments that would
24 be necessitated by the development-of-regional-impact
25 approvals sought. That request must include data and analysis
26 upon which the applicable local government can determine
27 whether to transmit the comprehensive plan amendment pursuant
28 to s. 163.3184.
29 3. The local government must advertise a public
30 hearing on the transmittal within 30 days after filing the
31 application for development approval or the proposed change
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1 and must make a determination on the transmittal within 60
2 days after the initial filing unless that time is extended by
3 the developer.
4 4. If the local government approves the transmittal,
5 procedures set forth in s. 163.3184(3)-(6) must be followed.
6 5. Notwithstanding subsection (11) or subsection (19),
7 the local government may not hold a public hearing on the
8 application for development approval or the proposed change or
9 on the comprehensive plan amendments sooner than 30 days from
10 receipt of the response from the state land planning agency
11 pursuant to s. 163.3184(6). The 60-day time period for local
12 governments to adopt, adopt with changes, or not adopt plan
13 amendments pursuant to s. 163.3184(7) shall not apply to
14 concurrent plan amendments provided for in this subsection.
15 6. The local government must hear both the application
16 for development approval or the proposed change and the
17 comprehensive plan amendments at the same hearing. However,
18 the local government must take action separately on the
19 application for development approval or the proposed change
20 and on the comprehensive plan amendments.
21 7. Thereafter, the appeal process for the local
22 government development order must follow the provisions of s.
23 380.07, and the compliance process for the comprehensive plan
24 amendments must follow the provisions of s. 163.3184.
25 Section 40. Subsection (1) of section 455.213, Florida
26 Statutes, 1996 Supplement, is amended to read:
27 455.213 General licensing provisions.--
28 (1) Any person desiring to be licensed shall apply to
29 the department in writing to take the appropriate examination.
30 The application shall be made on a form prepared and furnished
31 by the department and shall be supplemented as needed to
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1 reflect any material change in any circumstance or condition
2 stated in the application which takes place between the
3 initial filing of the application and the final grant or
4 denial of the license and which might affect the decision of
5 the agency. In order to further the economic development goals
6 of the state, and notwithstanding any law to the contrary, the
7 department may enter into an agreement with the county tax
8 collector for the purpose of appointing the county tax
9 collector as the department's agent to accept applications for
10 licenses and applications for renewals of licenses. The
11 agreement must specify the time within which the tax collector
12 must forward any applications and accompanying application
13 fees to the department.
14 Section 41. Subsection (1) of section 455.2141,
15 Florida Statutes, 1996 Supplement, is amended to read:
16 455.2141 Agency for Health Care Administration;
17 general licensing provisions.--
18 (1) Any person desiring to be licensed in a profession
19 within the jurisdiction of the Agency for Health Care
20 Administration shall apply to the agency in writing to take
21 the licensure examination. The application shall be made on a
22 form prepared and furnished by the agency and shall be
23 supplemented as needed to reflect any material change in any
24 circumstance or condition stated in the application which
25 takes place between the initial filing of the application and
26 the final grant or denial of the license and which might
27 affect the decision of the agency. In order to further the
28 economic development goals of the state, and notwithstanding
29 any law to the contrary, the agency may enter into an
30 agreement with the county tax collector for the purpose of
31 appointing the county tax collector as the agency's agent to
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1 accept applications for licenses and applications for renewals
2 of licenses. The agreement must specify the time within which
3 the tax collector must forward any applications and
4 accompanying application fees to the agency.
5 Section 42. In order to further the economic
6 development goals of the state, and notwithstanding any law to
7 the contrary, the Department of State may enter into an
8 agreement with the county tax collector for the purpose of
9 appointing the county tax collector as the department's agent
10 to accept applications for licenses or other similar
11 registrations and applications for renewals of licenses or
12 other similar registrations. The agreement must specify the
13 time within which the tax collector must forward any
14 applications and accompanying application fees to the
15 department.
16 Section 43. In order to further the economic
17 development goals of the state, and notwithstanding any law to
18 the contrary, the Department of Labor and Employment Security
19 may enter into an agreement with the county tax collector for
20 the purpose of appointing the county tax collector as the
21 department's agent to accept applications for licenses or
22 other similar registrations and applications for renewals of
23 licenses or other similar registrations. The agreement must
24 specify the time within which the tax collector must forward
25 any applications and accompanying application fees to the
26 department.
27 Section 44. Section 624.426, Florida Statutes, is
28 amended to read:
29 624.426 Exceptions to resident agent and
30 countersignature law.--Section 624.425 does not apply to:
31 (1) Contracts of reinsurance.
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1 (2) Policies of insurance on the rolling stock of
2 railroad companies doing a general freight and passenger
3 business.
4 (3) United States Customs surety bonds that are issued
5 by a corporate surety approved by the United States Department
6 of Treasury and that name the United States as the
7 beneficiary.
8 Section 45. Employing and Training our Youths
9 (ENTRY).--
10 (1) DEFINITIONS.--As used in this section:
11 (a) "Director" means the executive director of the
12 Office of Tourism, Trade, and Economic Development.
13 (b) "Eligible business" means any sole proprietorship,
14 firm, partnership, corporation, bank, savings association,
15 estate, trust, business trust, receiver, syndicate, or other
16 group or combination, or successor business.
17 (c) "Eligible youth employee" means a student between
18 the ages of 15 and 18 currently enrolled at a Florida public
19 school, who has not been previously employed within the
20 preceding 12 months by the eligible business, or a successor
21 eligible business, claiming the credit allowed in this
22 section. The youth employee shall be deemed to be employed if
23 the youth performs duties in connection with the operations of
24 the business on a regular basis, provided the youth is
25 performing such duties on an average of at least 12 hours per
26 week each month throughout the year and is being paid for such
27 duties at a rate no less than the minimum wage established
28 pursuant to federal law.
29 (d) "Fiscal year" means the fiscal year of the state.
30 (e) "Office" means the Office of Tourism, Trade, and
31 Economic Development.
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1 (f) "Public school" shall have the same meaning as in
2 s. 228.041(1)(a), Florida Statutes.
3 (2) TAX REFUND; ELIGIBLE AMOUNTS.--
4 (a) Contingent upon an annual appropriation by the
5 Legislature, the director may approve an eligible business to
6 receive tax refund payments of up to $1,600 per eligible youth
7 employee. An eligible business may not receive tax refund
8 payments for more than five eligible youth employees in any
9 single fiscal year.
10 (b) After entering into an employment/tax refund
11 agreement under subsection (3), an eligible business may
12 receive refunds for the following taxes or fees due and paid
13 by that business:
14 1. Taxes on sales, use, and other transactions under
15 part I of chapter 212, Florida Statutes.
16 2. Corporate income taxes under chapter 220, Florida
17 Statutes.
18 3. Intangible personal property taxes under chapter
19 199, Florida Statutes.
20 4. Emergency excise taxes under chapter 221, Florida
21 Statutes.
22 5. Excise taxes on documents under chapter 201,
23 Florida Statutes.
24 6. Ad valorem taxes paid, as defined in section
25 220.03(1), Florida Statutes.
26 7. Insurance premium taxes under section 624.509,
27 Florida Statutes.
28 8. Occupational license fees under chapter 205,
29 Florida Statutes.
30
31
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HB 1997, First Engrossed
1 However, an eligible business may not receive a refund under
2 this section for any amount of credit, refund, or exemption
3 granted to that business for any of such taxes or fees. If a
4 refund for such taxes or fees is provided by the office, which
5 taxes or fees are subsequently adjusted by the application of
6 any credit, refund, or exemption granted to the eligible
7 business other than as provided in this section, the business
8 shall reimburse the office for the amount of that credit,
9 refund, or exemption. An eligible business shall notify and
10 tender payment to the office within 20 days after receiving
11 any credit, refund, or exemption other than the one provided
12 in this section.
13 (c) An eligible business that fraudulently claims a
14 refund under this section:
15 1. Is liable for repayment of the amount of refund to
16 the office, plus a mandatory penalty in the amount of 200
17 percent of the tax refund which shall be deposited in the
18 General Revenue Fund.
19 2. Is guilty of a felony of the third degree,
20 punishable as provided in s. 775.082, s. 775.083, or s.
21 775.084, Florida Statutes.
22 (3) ADMINISTRATION.--
23 (a) To apply for tax refunds pursuant to this section,
24 an eligible business must file an employment/tax refund
25 application, developed by the office, at the public school the
26 eligible youth employee attends.
27 (b) The public school shall forward the application to
28 the office within 5 calendar days after receipt of a complete
29 application. Within 10 calendar days after receipt of the
30 application, the office shall enter a final order that either
31 approves or disapproves the application. The decisions must
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HB 1997, First Engrossed
1 be in writing and must provide the justifications for approval
2 or disapproval.
3 (c) An eligible business that has been approved by the
4 office to receive tax refunds may apply to the office for a
5 refund at the end of each calendar quarter the eligible youth
6 employee is employed by the business. An eligible business
7 may not receive refund payments of more than 25 percent of the
8 total tax refunds due such business under this section each
9 calendar quarter. Termination of employment of an eligible
10 youth employee shall result in loss of eligibility for tax
11 refunds for such employee under this section.
12 (d) The claim for refund by an eligible business must
13 include a copy of all receipts pertaining to the payment of
14 taxes for which the refund is sought.
15 (e) Nothing in this section shall create a presumption
16 that an eligible business will receive any tax refund under
17 this section.
18 (f) The office is authorized to develop rules and
19 forms, pursuant to chapter 120, Florida Statutes, to implement
20 the provisions of this section. The office is authorized to
21 verify information provided in any claim submitted for tax
22 credits under this section with regard to employment and wage
23 levels or the payment of the taxes to the appropriate agency
24 or authority, including the Department of Revenue, the
25 Department of Labor and Employment Security, or any local
26 government or authority.
27 (4) REPEAL.--The provisions of this section shall
28 expire and be void on June 30, 2007.
29 Section 46. Subsection (7) of section 14.2015, Florida
30 Statutes, 1996 Supplement, sections 118.01, 118.02, and
31 118.03, Florida Statutes, as amended by chapter 95-147, Laws
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1 of Florida, and section 118.04, Florida Statutes, are
2 repealed.
3 Section 47. There is hereby appropriated from the
4 State Transportation Trust Fund $10 million to the Department
5 of Transporation to fund the Florida Seaport Transportation
6 and Economic Development Program as provided in chapter 311,
7 Florida Statutes, and pursuant to s. 320.20, Florida Statutes,
8 for fiscal year 1997-1998.
9 Section 48. (1) The sum of $500,000 is hereby
10 appropriated from the General Revenue Fund to the Florida
11 International Trade and Promotion Trust Fund for fiscal year
12 1997-1998 to fund the Seaport Employment Training Grant
13 Program contained in section 311.11, Florida Statutes.
14 (2) The sum of $2 million is hereby appropriated from
15 the General Revenue Fund to the Economic Development Trust
16 Fund for fiscal year 1997-1998 to fund tax refunds issued
17 pursuant to the ENTRY Tax Refund Program contained in section
18 20 of this act. From such funds, the Office of Tourism,
19 Trade, and Economic Development shall initially implement the
20 ENTRY program as a pilot program in three areas of the state.
21 The office shall consider the following in selecting the
22 locations of the pilot areas:
23 (a) Geographic diversification and diversity of
24 community size.
25 (b) Estimated number of students which are expected to
26 be placed relative to the population of potential student
27 participants in the community.
28 (c) The degree to which local partnerships between the
29 local workforce development board, local education agencies,
30 local business community and other organizations involved in
31
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HB 1997, First Engrossed
1 community development will enhance the effectiveness of the
2 ENTRY program.
3 (d) The degree to which other federal, state, or local
4 funds can be leveraged by tax refunds received under the ENTRY
5 program.
6 Section 49. If any provision of this act or the
7 application thereof to any person or circumstance is held
8 invalid, the invalidity does not affect other provisions or
9 applications of the act which can be given effect without the
10 invalid provision or application, and to this end the
11 provisions of this act are declared severable.
12 Section 50. In order to further the economic
13 development goals of the state, an incentive to facilitate
14 increased employment in Florida's boat motor and vessel
15 manufacturing industry is hereby created so that vessels
16 operated for test purposes by boat motor or vessel
17 manufacturers shall be exempt from vessel speed regulations
18 adopted after January 1, 1994. This provision shall only apply
19 to tests conducted in the same waters in which tests were
20 conducted prior to the adoption of such regulations. This
21 provision shall not authorize the reckless or careless
22 operation of vessels as otherwise prohibited by law.
23 Section 51. This act shall take effect July 1, 1997.
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