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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 1 CODING: Words stricken are deletions; words underlined are additions. 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 2 CODING: Words stricken are deletions; words underlined are additions. 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 3 CODING: Words stricken are deletions; words underlined are additions. 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 4 CODING: Words stricken are deletions; words underlined are additions. 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 5 CODING: Words stricken are deletions; words underlined are additions. 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 6 CODING: Words stricken are deletions; words underlined are additions. 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 7 CODING: Words stricken are deletions; words underlined are additions. 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 8 CODING: Words stricken are deletions; words underlined are additions. 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. 9 CODING: Words stricken are deletions; words underlined are additions. 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. 10 CODING: Words stricken are deletions; words underlined are additions. 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 11 CODING: Words stricken are deletions; words underlined are additions. 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 12 CODING: Words stricken are deletions; words underlined are additions. 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 13 CODING: Words stricken are deletions; words underlined are additions. 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 14 CODING: Words stricken are deletions; words underlined are additions. 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 15 CODING: Words stricken are deletions; words underlined are additions. 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 16 CODING: Words stricken are deletions; words underlined are additions. 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 17 CODING: Words stricken are deletions; words underlined are additions. 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 18 CODING: Words stricken are deletions; words underlined are additions. 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 19 CODING: Words stricken are deletions; words underlined are additions. 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: 20 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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. 21 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 22 CODING: Words stricken are deletions; words underlined are additions. 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 23 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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. 24 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 25 CODING: Words stricken are deletions; words underlined are additions. 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 26 CODING: Words stricken are deletions; words underlined are additions. 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 27 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 28 CODING: Words stricken are deletions; words underlined are additions. 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: 29 CODING: Words stricken are deletions; words underlined are additions. 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. 30 CODING: Words stricken are deletions; words underlined are additions. 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 31 CODING: Words stricken are deletions; words underlined are additions. 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 32 CODING: Words stricken are deletions; words underlined are additions. 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 33 CODING: Words stricken are deletions; words underlined are additions. 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: 34 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 35 CODING: Words stricken are deletions; words underlined are additions. 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 36 CODING: Words stricken are deletions; words underlined are additions. 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 37 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 38 CODING: Words stricken are deletions; words underlined are additions. 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 39 CODING: Words stricken are deletions; words underlined are additions. 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 40 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 41 CODING: Words stricken are deletions; words underlined are additions. 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 42 CODING: Words stricken are deletions; words underlined are additions. 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 43 CODING: Words stricken are deletions; words underlined are additions. 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 44 CODING: Words stricken are deletions; words underlined are additions. 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. 45 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 46 CODING: Words stricken are deletions; words underlined are additions. 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. 47 CODING: Words stricken are deletions; words underlined are additions. 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, 48 CODING: Words stricken are deletions; words underlined are additions. 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. 49 CODING: Words stricken are deletions; words underlined are additions. 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 50 CODING: Words stricken are deletions; words underlined are additions. 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: 51 CODING: Words stricken are deletions; words underlined are additions. 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.-- 52 CODING: Words stricken are deletions; words underlined are additions. 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 53 CODING: Words stricken are deletions; words underlined are additions. 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 54 CODING: Words stricken are deletions; words underlined are additions. 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. 55 CODING: Words stricken are deletions; words underlined are additions. 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.-- 56 CODING: Words stricken are deletions; words underlined are additions. 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 57 CODING: Words stricken are deletions; words underlined are additions. 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 58 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 59 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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. 60 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 61 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 62 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 63 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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. 64 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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. 65 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 66 CODING: Words stricken are deletions; words underlined are additions. 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 67 CODING: Words stricken are deletions; words underlined are additions. 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 68 CODING: Words stricken are deletions; words underlined are additions. HB 1997, First Engrossed 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 69 CODING: Words stricken are deletions; words underlined are additions. 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. 24 25 26 27 28 29 30 31 70