CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Business Development & International Trade
12 offered the following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Present subsection (4) of section 414.026,
19 Florida Statutes, is redesignated as subsection (6) and
20 amended, and new subsection (4) is added to that section, to
21 read:
22 414.026 WAGES Program State Board of Directors.--
23 (4) The WAGES Program State Board of Directors must
24 approve the WAGES State Plan, the operating budget and any
25 amendments thereto, and any WAGES-related proposed
26 administrative rules. In addition, state agencies charged by
27 law with implementation of the WAGES Program and the Workforce
28 Development Board of Enterprise Florida, Inc., shall
29 collaborate with the staff of the WAGES Program State Board of
30 Directors on all WAGES-related policies, requests for
31 proposals, and related directives.
1
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 (5)(4) This section expires June 30, 2002 1999, and
2 shall be reviewed by the Legislature prior to that date. In
3 its review, the Legislature shall assess the status of the
4 WAGES Program and shall determine if the responsibility for
5 administering the program should be transferred to other state
6 agencies.
7 Section 2. Section 414.028, Florida Statutes, is
8 amended to read:
9 414.028 Local WAGES coalitions.--The WAGES Program
10 State Board of Directors shall create and charter local WAGES
11 coalitions to plan and coordinate the delivery of services
12 under the WAGES Program at the local level. The boundaries of
13 the service area for a local WAGES coalition shall conform to
14 the boundaries of the service area for the regional workforce
15 development board established under the Enterprise Florida
16 workforce development board. The local delivery of services
17 under the WAGES Program shall be coordinated, to the maximum
18 extent possible, with the local services and activities of the
19 local service providers designated by the regional workforce
20 development boards.
21 (1)(a) Each local WAGES coalition must have a minimum
22 of 11 members, of which at least one-half must be from the
23 business community. The composition of the coalition
24 membership must generally reflect the racial, gender, and
25 ethnic diversity of the community as a whole. All members
26 shall be appointed to 3-year terms. The membership of each
27 coalition must include:
28 1. Representatives of the principal entities that
29 provide funding for the employment, education, training, and
30 social service programs that are operated in the service area,
31 including, but not limited to, representatives of local
2
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 government, the regional workforce development board, and the
2 United Way.
3 2. A representative of the health and human services
4 board.
5 3. A representative of a community development board.
6 4. Three representatives of the business community who
7 represent a diversity of sizes of businesses.
8 5. Representatives of other local planning,
9 coordinating, or service-delivery entities.
10 6. A representative of a grassroots community or
11 economic development organization that serves the poor of the
12 community.
13 (b) A person may be a member of a local WAGES
14 coalition or a combined WAGES coalition as provided in
15 subsection (2) regardless of whether the member, or an
16 organization represented by a member, could benefit
17 financially from transactions of the coalition. However, if
18 the coalition enters into a contract with an organization or
19 individual represented on the coalition, the contract must be
20 approved by a two-thirds vote of the entire board, and the
21 board member who could benefit financially from the
22 transaction must abstain from voting. A board member must
23 disclose any such conflict in a manner that is approved by the
24 WAGES Program State Board of Directors and is consistent with
25 the procedures outlined in s. 112.3143. A representative of an
26 agency or entity that could benefit financially from funds
27 appropriated under the WAGES Program may not be a member of a
28 local WAGES coalition.
29 (c) A member of the board of a public or private
30 educational institution may not serve as a member of a local
31 WAGES coalition.
3
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 (d) A representative of any county or municipal
2 governing body that elects to provide services through the
3 local WAGES coalition shall be an ex officio, nonvoting member
4 of the coalition.
5 (e) A representative of a county health department or
6 a representative of a healthy start coalition shall serve as
7 an ex officio, nonvoting member of the coalition.
8 (f) This subsection does not prevent a local WAGES
9 coalition from extending regular, voting membership to not
10 more than one representative of a county health department and
11 not more than one representative of a healthy start coalition.
12 (2) A local WAGES coalition and a regional workforce
13 development board may be combined into one board if the
14 membership complies with subsection (1), and if the membership
15 of the combined board meets the requirements of Pub. L. No.
16 97-300, the federal Job Training Partnership Act, as amended,
17 and with any law delineating the membership requirements for
18 the regional workforce development boards. Notwithstanding
19 paragraph (1)(b), in a region in which the duties of the two
20 boards are combined, a person may be a member of the WAGES
21 coalition even if the member, or the member's principal, could
22 benefit financially from transactions of the coalition.
23 However, members must recuse themselves from voting on all
24 matters from which they or their principals could benefit
25 financially. Failure to recuse on any such vote will
26 constitute grounds for immediate removal from the local WAGES
27 coalition.
28 (3) The statewide implementation plan prepared by the
29 WAGES Program State Board of Directors shall prescribe and
30 publish the process for chartering the local WAGES coalitions.
31 (4) Each local WAGES coalition shall perform the
4
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 planning, coordination, and oversight functions specified in
2 the statewide implementation plan, including, but not limited
3 to:
4 (a) Developing a program and financial plan to achieve
5 the performance outcomes specified by the WAGES Program State
6 Board of Directors for current and potential program
7 participants in the service area. The plan must reflect the
8 needs of service areas for seed money to create programs that
9 assist children of WAGES participants. The plan must also
10 include provisions for providing services for victims of
11 domestic violence.
12 (b) Developing a funding strategy to implement the
13 program and financial plan which incorporates resources from
14 all principal funding sources.
15 (c) Identifying employment, service, and support
16 resources in the community which may be used to fulfill the
17 performance outcomes of the WAGES Program.
18 (d) In cooperation with the regional workforce
19 development board, coordinating the implementation of one-stop
20 career centers.
21 (e) Advising the Department of Children and Family
22 Services and the Department of Labor and Employment Security
23 with respect to the competitive procurement of services under
24 the WAGES Program.
25 (f) Selecting an entity to administer the program and
26 financial plan, such as a unit of a political subdivision
27 within the service area, a not-for-profit private organization
28 or corporation, or any other entity agreed upon by the local
29 WAGES coalition.
30 (g) Developing a plan for services for victims of
31 domestic violence.
5
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 1. The WAGES Program State Board of Directors shall
2 specify requirements for the local plan, including:
3 a. Criteria for determining eligibility for exceptions
4 to state work requirements;
5 b. The programs and services to be offered to victims
6 of domestic violence;
7 c. Time limits for exceptions to program requirements,
8 which may not result in an adult participant exceeding the
9 federal time limit for exceptions or the state lifetime
10 benefit limit that the participant would otherwise be entitled
11 to receive; and
12 d. An annual report on domestic violence, including
13 the progress made in reducing domestic violence as a barrier
14 to self-sufficiency among WAGES participants, local policies
15 and procedures for granting exceptions and exemptions from
16 program requirements due to domestic violence, and the number
17 and percentage of cases in which such exceptions and
18 exemptions are granted.
19 2. Each local WAGES coalition plan must specify
20 provisions for coordinating and, where appropriate, delivering
21 services, including:
22 a. Provisions for the local coalition to coordinate
23 with law enforcement agencies and social service agencies and
24 organizations that provide services and protection to victims
25 of domestic violence;
26 b. Provisions for allowing participants access to
27 domestic violence support services and ensuring that WAGES
28 participants are aware of domestic violence shelters,
29 hotlines, and other domestic violence services and policies;
30 c. Designation of the agency that is responsible for
31 determining eligibility for exceptions from program
6
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 requirements due to domestic violence;
2 d. Provisions that require each individual who is
3 granted an exemption from program requirements due to domestic
4 violence to participate in a program that prepares the
5 individual for self-sufficiency and safety; and
6 e. Where possible and necessary, provisions for job
7 assignments and transportation arrangements that take maximum
8 advantage of opportunities to preserve the safety of the
9 victim of domestic violence and the victim's dependents.
10 (5) By October 1, 1998, local WAGES coalitions shall
11 deliver through one-stop career centers, the full continuum of
12 services provided under the WAGES Program, including services
13 that are provided at the point of application. The State WAGES
14 Board may direct the Department of Labor and Employment
15 Security to provide such services to WAGES participants if a
16 local WAGES coalition is unable to provide services due to
17 decertification. Local WAGES coalitions may not determine an
18 individual's eligibility for temporary cash assistance and all
19 education and training shall be provided through agreements
20 with regional workforce development boards. The local WAGES
21 coalitions shall develop a transition plan to be approved by
22 the WAGES Program State Board of Directors. Should career
23 service employees of the Department of Labor and Employment
24 Security be subject to layoff due to the local WAGES
25 coalitions taking over the delivery of such services, such
26 employees shall be given priority consideration for employment
27 by the local WAGES coalitions. The local coalition's
28 transition plan shall provide for the utilization of space
29 leased by the Department of Labor and Employment Security for
30 WAGES service functions. By October 1, 1998, the coalition
31 may have negotiated and entered into new lease agreements or
7
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 subleased for said space from the Department of Labor and
2 Employment Security. In the event the coalition does not
3 utilize the Department of Labor and Employment Security leased
4 space, the Department of Labor and Employment Security shall
5 not be obligated to pay under any lease agreement for WAGES
6 services entered into by the Department since July 1, 1996.
7 (6)(5) The WAGES Program State Board of Directors may
8 not approve the program and financial plan of a local
9 coalition unless the plan provides a teen pregnancy prevention
10 component that includes, but is not necessarily limited to, a
11 plan for implementing the Florida Education Now and Babies
12 Later (ENABL) program under s. 411.242 and the Teen Pregnancy
13 Prevention Community Initiative within each county segment of
14 the service area in which the teen childhood birth rate is
15 higher than the state average. Each local WAGES coalition is
16 authorized to fund community-based welfare prevention and
17 reduction initiatives that increase the support provided by
18 noncustodial parents to their welfare-dependent children and
19 are consistent with program and financial guidelines developed
20 by the WAGES Program State Board of Directors and the
21 Commission on Responsible Fatherhood. These initiatives may
22 include, but are not limited to, improved paternity
23 establishment, work activities for noncustodial parents, and
24 programs aimed at decreasing out-of-wedlock pregnancies,
25 encouraging the involvement of fathers with their children,
26 and increasing child-support payments.
27 (7)(6) At the option of the local WAGES coalition,
28 local employees of the department and the Department of Labor
29 and Employment Security shall provide staff support for the
30 local WAGES coalitions. At the option of the local WAGES
31 coalition, Staff support may be provided by another agency, or
8
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 entity, or by contract if it can be provided at no cost to the
2 state and if the support is not provided by an agency or other
3 entity that could benefit financially from funds appropriated
4 to implement the WAGES Program.
5 (8)(7) There shall be no liability on the part of, and
6 no cause of action of any nature shall arise against, any
7 member of a local WAGES coalition or its employees or agents
8 for any lawful action taken by them in the performance of
9 their powers and duties under this section and s. 414.029.
10 Section 3. Section 414.030, Florida Statutes, is
11 created to read:
12 414.030 WAGES Program Employment Projects.--
13 (1) The Legislature finds that the success of the
14 WAGES Program depends upon the existence of sufficient
15 employment opportunities compatible with the education and
16 skill levels of participants in the WAGES Program. The
17 Legislature further finds that extraordinary assistance may
18 need to be granted for certain economic development projects
19 that can have a great impact on the employment of WAGES
20 participants. It is the intent of the Legislature to
21 authorize the Governor and local governments to marshal state
22 and local resources in a coordinated and timely manner to
23 foster the development and completion of economic development
24 projects that have been identified as having a great impact on
25 the employment of WAGES participants.
26 (2) By August 1 of each year, each local WAGES
27 coalition, in consultation with city and county economic
28 development organizations, shall identify economic development
29 projects that can have the greatest impact on employing WAGES
30 participants in their areas. Each local WAGES coalition shall
31 provide a prioritized list of no more than 5 such projects to
9
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 the state WAGES board by August 1 of each year. The
2 coalitions shall identify local resources that are available
3 to foster the development and completion of each project.
4 (3)(a) By September 1 of each year, the state WAGES
5 board, in consultation with Enterprise Florida, Inc., shall
6 review and prioritize the list of projects identified pursuant
7 to subsection (2) using the following criteria:
8 1. The project is located in an area with a large
9 number of hardship extensions requiring a third year in the
10 program in order to get job placement;
11 2. The project is located in an area with high
12 unemployment in the major categories of jobs where WAGES
13 participants are normally placed; and
14 3. The local WAGES coalition has demonstrated diligent
15 efforts to place WAGES participants in jobs through a variety
16 of programs; including job placement programs, partnership
17 programs with private businesses, and full utilization of
18 available resources; and
19 4. The local WAGES coalition has identified a number
20 of local, regional, or federal resources that could be used to
21 match any state resources used to foster the development or
22 completion of the project.
23 (b) To the greatest extent possible, the state WAGES
24 board shall foster the development or completion of the
25 projects identified pursuant to paragraph (a) using existing
26 state and local resources under the control of the state WAGES
27 board and local WAGES coalition. To the extent that such
28 projects cannot be developed or completed from resources
29 available to the state WAGES board or local WAGES coalitions,
30 the board may identify and prioritize no more than 10
31 projects, of which no more than 3 may be located in Dade
10
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 County, that need extraordinary state and local assistance.
2 The state WAGES board shall provide the list of projects
3 needing extraordinary assistance to the Governor and each
4 WAGES Program Employment Project Coordinator designated
5 pursuant to subsection (4) by September 1 of each year.
6 (4)(a) By July 1, 1998, the heads of the Departments
7 of Agriculture and Consumer Services, Labor and Employment
8 Security, Community Affairs, Children and Family Services,
9 Revenue, Business and Professional Regulation, Management
10 Services, Military Affairs, Transportation, and Environmental
11 Protection, and the Comptroller; the Auditor General; the
12 executive director of each water management district; and the
13 heads of the Office of Tourism, Trade, and Economic
14 Development, Enterprise Florida, Inc., Institute of Food and
15 Agricultural Science, the State Board of Community Colleges,
16 the Division of Workforce Development of the Department of
17 Education, State University System, and the Office of Planning
18 and Budgeting shall select from within such organizations a
19 person to be designated as the WAGES Program Employment
20 Project Coordinator.
21 (b) By October 1 of each year, each WAGES Program
22 Employment Project Coordinator shall determine what resources
23 are available at the organization to foster the development
24 and completion of the economic development projects received
25 pursuant to subsection (3). Each coordinator shall provide
26 this determination to the Governor by October 1 of each year.
27 (5)(a) By October 15 of each year, the Governor may,
28 by executive order, designate these projects as WAGES Program
29 Employment Projects, and direct the agencies to use the
30 resources identified pursuant to subsection (4) to develop or
31 complete such projects. The order shall direct such agencies
11
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 to contract with the appropriate local WAGES coalition to
2 develop or complete such projects.
3 (b) Notwithstanding the eligibility provisions of s.
4 403.973, the Governor may waive such eligibility requirements
5 by executive order for projects that have been identified as
6 needing expedited permitting.
7 (c) To the extent that resources identified pursuant
8 to subsection (4) have been appropriated by the Legislature
9 for a specific purpose that does not allow for the expenditure
10 of such resources on the projects, the Governor may use the
11 budget amendment process in chapter 216 to request that these
12 resources be released to the Governor's Office to accomplish
13 the development or completion of the project.
14 (d) Any executive order issued by the Governor
15 pursuant to this section shall expire within 90 days, unless
16 renewed for an additional 60 days by the Governor. However,
17 no executive order may be issued by the Governor pursuant to
18 this section for a period in excess of 150 days.
19 (6) Each local WAGES coalition with jurisdiction over
20 an area where a WAGES Program Employment Project has been
21 designated by the Governor pursuant to subsection (5) shall
22 enter into a contract with the appropriate local, state, or
23 private entities to ensure that the project is developed and
24 completed. Such contracts may include, but are not limited
25 to, contracts with applicable state agencies, and businesses
26 to provide training, education, and employment opportunities
27 for WAGES participants.
28 (7) By March 15 of each year, the state WAGES board
29 shall submit to the Governor, the President of the Senate, the
30 Speaker of the House of Representatives, the Senate Minority
31 Leader, and the House Minority Leader a complete and detailed
12
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 report that includes, but is not limited to; a description of
2 the activities, expenditures, and projects undertaken pursuant
3 to this section, and a description of what, if any,
4 legislative action that may be necessary.
5 (8)(a) The Auditor General may, pursuant to his or her
6 own authority or at the direction of the Legislature, conduct
7 a financial audit of the expenditure of resources pursuant to
8 this section.
9 (b) Prior to the 2000 Regular Session of the
10 Legislature, the Office of Program Policy Analysis and
11 Government Accountability, shall conduct a review of the
12 projects developed or completed pursuant to this section. The
13 review shall be comprehensive in its scope, but, at a minimum,
14 must be conducted in a manner as to specifically determine:
15 1. The impact the provisions contained in this section
16 had on the development and completion of the projects
17 identified pursuant to this section.
18 2. Whether it would be sound public policy to continue
19 or discontinue to foster the development or completion of
20 projects using the processes provided in this section. The
21 report shall be submitted by January 1, 2000, to the President
22 of the Senate, the Speaker of the House of Representatives,
23 the Senate Minority Leader, and the House Minority Leader.
24 Section 4. Paragraph (b) of subsection (1) and
25 subsection (7) of section 414.065, Florida Statutes, are
26 amended and subsection (12) is added to that section to read:
27 414.065 Work requirements.--
28 (1) WORK ACTIVITIES.--The following activities may be
29 used individually or in combination to satisfy the work
30 requirements for a participant in the WAGES Program:
31 (b) Subsidized private sector employment.--Subsidized
13
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 private sector employment is employment in a private
2 for-profit enterprise or a private not-for-profit enterprise
3 which is directly supplemented by federal or state funds. A
4 subsidy may be provided in one or more of the forms listed in
5 this paragraph.
6 1. Work supplementation.--A work supplementation
7 subsidy diverts a participant's temporary cash assistance
8 under the program to the employer. The employer must pay the
9 participant wages that equal or exceed the applicable federal
10 minimum wage. Work supplementation may not exceed 6 months. At
11 the end of the supplementation period, the employer is
12 expected to retain the participant as a regular employee
13 without receiving a subsidy for at least 12 months. A The work
14 supplementation agreement may not be continued with any
15 employer who exhibits a pattern of failing to provide
16 participants with continued employment after the period of
17 work supplementation ends must provide that if the employee is
18 dismissed at any time within 12 months after termination of
19 the supplementation period due in any part to loss of the
20 supplement, the employer shall repay some or all of the
21 supplement previously paid as a subsidy to the employer under
22 the WAGES Program.
23 2. On-the-job training.--On-the-job training is
24 full-time, paid employment in which the employer or an
25 educational institution in cooperation with the employer
26 provides training needed for the participant to perform the
27 skills required for the position. The employer or the
28 educational institution on behalf of the employer receives a
29 subsidy to offset the cost of the training provided to the
30 participant. Upon satisfactory completion of the training, the
31 employer is expected to retain the participant as a regular
14
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 employee without receiving a subsidy. An The on-the-job
2 training agreement may not be continued with any employer who
3 exhibits a pattern of failing to provide participants with
4 continued employment after the on-the-job training subsidy
5 ends must provide that in the case of dismissal of a
6 participant due to loss of the subsidy, the employer shall
7 repay some or all of the subsidy previously provided by the
8 department and the Department of Labor and Employment
9 Security.
10 3. Incentive payments.--The department and the
11 Department of Labor and Employment Security may provide
12 additional incentive payments to encourage employers to employ
13 program participants. Incentive payments may include payments
14 to encourage the employment of hard-to-place participants, in
15 which case the amount of the payment shall be weighted
16 proportionally to the extent to which the participant has
17 limitations associated with the long-term receipt of welfare
18 and difficulty in sustaining employment. In establishing
19 incentive payments, the department and the Department of Labor
20 and Employment Security shall consider the extent of prior
21 receipt of welfare, lack of employment experience, lack of
22 education, lack of job skills, and other appropriate factors.
23 A participant who has complied with program requirements and
24 who is approaching the time limit for receiving temporary cash
25 assistance may be defined as "hard-to-place." Incentive
26 payments may include payments in which an initial payment is
27 made to the employer upon the employment of a participant, and
28 the majority of the incentive payment is made after the
29 employer retains the participant as a full-time employee for
30 at least 12 months. An The incentive agreement may not be
31 continued with any employer who exhibits a pattern of failing
15
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 to provide participants with continued employment after the
2 incentive payments cease must provide that if the employee is
3 dismissed at any time within 12 months after termination of
4 the incentive payment period due in any part to loss of the
5 incentive, the employer shall repay some or all of the payment
6 previously paid as an incentive to the employer under the
7 WAGES Program.
8 4. Tax credits.--An employer who employs a program
9 participant may qualify for enterprise zone property tax
10 credits under s. 220.182, the tax refund program for qualified
11 target industry businesses under s. 288.106, or other federal
12 or state tax benefits. The department and the Department of
13 Labor and Employment Security shall provide information and
14 assistance, as appropriate, to use such credits to accomplish
15 program goals.
16 5. WAGES training bonus.--An employer who hires a
17 WAGES participant who has less than 6 months of eligibility
18 for temporary cash assistance remaining and who pays the
19 participant a wage that precludes the participant's
20 eligibility for temporary cash assistance may receive $240 for
21 each full month of employment for a period that may not exceed
22 3 months. An employer who receives a WAGES training bonus for
23 an employee may not receive a work supplementation subsidy for
24 the same employee. Employment is defined as 35 hours per week
25 at a wage of no less than minimum wage.
26 (7) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--The
27 situations listed in this subsection shall constitute
28 exceptions to the penalties for noncompliance with
29 participation requirements, except that these situations do
30 not constitute exceptions to the applicable time limit for
31 receipt of temporary cash assistance:
16
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 (a) Noncompliance related to child care.--Temporary
2 cash assistance may not be terminated for refusal to
3 participate in work activities if the individual is a single
4 custodial parent caring for a child who has not attained 6
5 years of age, and the adult proves to the department or to the
6 Department of Labor and Employment Security an inability to
7 obtain needed child care for one or more of the following
8 reasons:
9 1. Unavailability of appropriate child care within a
10 reasonable distance from the individual's home or worksite.
11 2. Unavailability or unsuitability of informal child
12 care by a relative or under other arrangements.
13 3. Unavailability of appropriate and affordable formal
14 child care arrangements.
15 (b) Noncompliance related to domestic violence.--An
16 individual who is determined to be unable to comply with the
17 work requirements because such compliance would make it
18 probable that the individual would be unable to escape
19 domestic violence shall be exempt from work requirements
20 pursuant to s. 414.028(4)(g). However, the individual shall
21 comply with a plan that specifies alternative requirements
22 that prepare the individual for self-sufficiency while
23 providing for the safety of the individual and the
24 individual's dependents. An exception granted under this
25 paragraph does not constitute an exception to the time
26 limitations on benefits specified under s. 414.105.
27 (c) Noncompliance related to treatment or remediation
28 of past effects of domestic violence.--An individual who is
29 determined to be unable to comply with the work requirements
30 under this section due to mental or physical impairment
31 related to past incidents of domestic violence may be exempt
17
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 from work requirements for a specified period pursuant to s.
2 414.028(4)(g), except that such individual shall comply with a
3 plan that specifies alternative requirements that prepare the
4 individual for self-sufficiency while providing for the safety
5 of the individual and the individual's dependents. The plan
6 must include counseling or a course of treatment necessary for
7 the individual to resume participation. The need for treatment
8 and the expected duration of such treatment must be verified
9 by a physician licensed under chapter 458 or chapter 459; a
10 psychologist licensed under s. 490.005(1), s. 490.006, or the
11 provision identified as s. 490.013(2) in s. 1, chapter 81-235,
12 Laws of Florida; a therapist as defined in s. 491.003(2) or
13 (6); or a treatment professional who is registered under s.
14 415.605(1)(g), is authorized to maintain confidentiality under
15 s. 90.5036(1)(d), and has a minimum of 2 years experience at a
16 certified domestic violence center. An exception granted under
17 this paragraph does not constitute an exception from the time
18 limitations on benefits specified under s. 414.105.
19 (d)(b) Noncompliance related to medical
20 incapacity.--If an individual cannot participate in assigned
21 work activities due to a medical incapacity, the individual
22 may be excepted from the activity for a specific period,
23 except that the individual shall be required to comply with
24 the course of treatment necessary for the individual to resume
25 participation. A participant may not be excused from work
26 activity requirements unless the participant's medical
27 incapacity is verified by a physician licensed under chapter
28 458 or chapter 459, in accordance with procedures established
29 by rule of the Department of Labor and Employment Security.
30 (e)(c) Other good cause exceptions for
31 noncompliance.--Individuals who are temporarily unable to
18
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 participate due to circumstances beyond their control may be
2 excepted from the noncompliance penalties. The Department of
3 Labor and Employment Security may define by rule situations
4 that would constitute good cause. These situations must
5 include caring for a disabled family member when the need for
6 the care has been verified and alternate care is not
7 available.
8 (12) PROTECTION FOR CURRENT EMPLOYEES.--In
9 establishing and contracting for work-experience and community
10 service activities, other work-experience activities,
11 on-the-job training, subsidized employment, and work
12 supplementation under the WAGES Program, an employed worker
13 may not be displaced, either completely or partially. A WAGES
14 participant may not be assigned to an activity or employed in
15 a position if the employer has created the vacancy or
16 terminated an existing employee without good cause in order to
17 fill that position with a WAGES Program participant.
18 Section 5. Section 414.105, Florida Statutes, is
19 amended to read:
20 414.105 Time limitations of temporary cash
21 assistance.--Unless otherwise expressly provided in this
22 chapter, an applicant or current participant shall receive
23 temporary cash assistance for episodes of not more than 24
24 cumulative months in any consecutive 60-month period that
25 begins with the first month of participation and for not more
26 than a lifetime cumulative total of 48 months as an adult.
27 (1) The time limitation for episodes of temporary cash
28 assistance may not exceed 36 cumulative months in any
29 consecutive 72-month period that begins with the first month
30 of participation and may not exceed a lifetime cumulative
31 total of 48 months of temporary cash assistance as an adult,
19
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 for cases in which the participant:
2 (a) Has received aid to families with dependent
3 children or temporary cash assistance for any 36 months of the
4 preceding 60 months; or
5 (b) Is a custodial parent under the age of 24 who:
6 1. Has not completed a high school education or its
7 equivalent; or
8 2. Had little or no work experience in the preceding
9 year.
10 (2) Hardship exemptions to the time limitations of
11 this chapter shall be limited to 10 percent of participants in
12 the first year of implementation of this chapter, 15 percent
13 of participants in the second year of implementation of this
14 chapter, and 20 percent of participants in all subsequent
15 years. Criteria for hardship exemptions include:
16 (a) Diligent participation in activities, combined
17 with inability to obtain employment.
18 (b) Diligent participation in activities, combined
19 with extraordinary barriers to employment, including the
20 conditions which may result in an exemption to work
21 requirements.
22 (c) Significant barriers to employment, combined with
23 a need for additional time.
24 (d) Diligent participation in activities and a need by
25 teen parents for an exemption in order to have 24 months of
26 eligibility beyond receipt of the high school diploma or
27 equivalent.
28 (e) A recommendation of extension for a minor child of
29 a participating family that has reached the end of the
30 eligibility period for temporary cash assistance. The
31 recommendation must be the result of a review which determines
20
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 that the termination of the child's temporary cash assistance
2 would be likely to result in the child being placed into
3 emergency shelter or foster care. Temporary cash assistance
4 shall be provided through a protective payee. Staff of the
5 Children and Families Family Services Program Office of the
6 department shall conduct all assessments in each case in which
7 it appears a child may require continuation of temporary cash
8 assistance through a protective payee.
9
10 At the recommendation of the local WAGES coalition, temporary
11 cash assistance under a hardship exemption for a participant
12 who is eligible for work activities and who is not working
13 shall be reduced by 10 percent. Upon the employment of the
14 participant, full benefits shall be restored.
15 (3) In addition to the exemptions listed in subsection
16 (2), a victim of domestic violence may be granted a hardship
17 exemption if the effects of such domestic violence delay or
18 otherwise interrupt or adversely affect the individual's
19 participation in the program. Hardship exemptions granted
20 under this subsection shall not be subject to the percentage
21 limitations in subsection (3).
22 (4)(3) The department shall establish a procedure for
23 reviewing and approving hardship exemptions, and the local
24 WAGES coalitions may assist in making these determinations.
25 The composition of any review panel must generally reflect the
26 racial, gender, and ethnic diversity of the community as a
27 whole. Members of a review panel shall serve without
28 compensation, but are entitled to receive reimbursement for
29 per diem and travel expenses as provided in s. 112.016.
30 (5)(4) The cumulative total of all hardship exemptions
31 may not exceed 12 months, may include reduced benefits at the
21
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 option of the community review panel, and shall, in
2 combination with other periods of temporary cash assistance as
3 an adult, total no more than 48 months of temporary cash
4 assistance. If an individual fails to comply with program
5 requirements during a hardship exemption period, the hardship
6 exemption shall be removed.
7 (6)(5) For individuals who have moved from another
8 state and have legally resided in this state for less than 12
9 months, the time limitation for temporary cash assistance
10 shall be the shorter of the respective time limitations used
11 in the two states, and months in which temporary cash
12 assistance was received under a block grant program that
13 provided temporary assistance for needy families in any state
14 shall count towards the cumulative 48-month benefit limit for
15 temporary cash assistance.
16 (7)(6) For individuals subject to a time limitation
17 under the Family Transition Act of 1993, that time limitation
18 shall continue to apply. Months in which temporary cash
19 assistance was received through the family transition program
20 shall count towards the time limitations under this chapter.
21 (8)(7) Except when temporary cash assistance was
22 received through the family transition program, the
23 calculation of the time limitation for temporary cash
24 assistance shall begin with the first month of receipt of
25 temporary cash assistance after the effective date of this
26 act.
27 (9)(8) Child-only cases are not subject to time
28 limitations, and temporary cash assistance received while an
29 individual is a minor child shall not count towards time
30 limitations.
31 (10)(9) An individual who receives benefits under the
22
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 Supplemental Security Income program or the Social Security
2 Disability Insurance program is not subject to time
3 limitations.
4 (11) A person who is totally responsible for the
5 personal care of a disabled family member is not subject to
6 time limitations if the need for the care is verified and
7 alternative care is not available for the family member. The
8 department shall annually evaluate an individual's
9 qualifications for this exemption.
10 (12)(10) A member of the WAGES Program staff shall
11 interview and assess the employment prospects and barriers of
12 each participant who is within 6 months of reaching the
13 24-month time limit. The staff member shall assist the
14 participant in identifying actions necessary to become
15 employed prior to reaching the benefit time limit for
16 temporary cash assistance and, if appropriate, shall refer the
17 participant for services that could facilitate employment.
18 Section 6. Section 414.110, Florida Statutes, is
19 created to read:
20 414.110 Work Credit Program.--
21 (1) For individuals subject to the time limitation
22 under s. 414.105 who are employed and continue to be eligible
23 for temporary cash assistance, a month in which the individual
24 works full time, as defined in this section, does not count
25 towards the 24 cumulative month time in a consecutive 60 month
26 period or the 36 cumulative month time limit in a 72 month
27 time limit described in s. 414.105.
28 (2) For purposes of this section, full-time employment
29 is defined as employment of not less than 160 hours per month.
30 (3) A month which does not count towards the 24 month
31 cumulative time limit or the 36 month cumulative time limit as
23
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 described in subsection (1) does count as a month of
2 assistance in the lifetime cumulative total of 48 months of
3 assistance as described in s. 414.105.
4 Section 7. Present subsections (4), (5), (6), (7),
5 (8), (9), and (10) of section 414.0252, Florida Statutes, are
6 renumbered as subsections (5), (7), (8), (9), (10), (11), and
7 (12) of that section, respectively, and new subsections (4)
8 and (6) are added to that section, to read:
9 414.0252 Definitions.--As used in ss. 414.015-414.45,
10 the term:
11 (4) "Domestic violence" means any assault, aggravated
12 assault, battery, aggravated battery, sexual assault, sexual
13 battery, stalking, aggravated stalking, kidnapping, false
14 imprisonment, or any criminal offense that results in the
15 physical injury or death of one family or household member by
16 another.
17 (6) "Family or household member" means spouses, former
18 spouses, noncohabitating partners, persons related by blood or
19 marriage, persons who are presently residing together as if a
20 family or who have resided together in the past as if a
21 family, and persons who have a child in common regardless of
22 whether they have been married or have resided together at any
23 time.
24 Section 8. Paragraph (g) is added to subsection (10)
25 of section 414.095, Florida Statutes, and subsection (3) and
26 paragraph (d) of subsection (15) of that section are amended
27 to read:
28 414.095 Determining eligibility for the WAGES
29 Program.--
30 (3) ELIGIBILITY FOR NONCITIZENS.--A "qualified
31 noncitizen" is an individual who is lawfully present in the
24
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 United States as a refugee or who is granted asylum under ss.
2 207 and 208 of the Immigration and Nationality Act, an alien
3 whose deportation is withheld under s. 243(h) of the
4 Immigration and Nationality Act, or an alien who has been
5 admitted as a permanent resident and meets specific criteria
6 under federal law. In addition, a "qualified noncitizen"
7 includes an individual who has been battered or subject to
8 extreme cruelty in the United States by a spouse or a parent,
9 and has applied for or received protection under the federal
10 Violence Against Women Act of 1994, Pub. L. No. 103-322, if
11 the need for benefits is related to the abuse. A "nonqualified
12 noncitizen" is a nonimmigrant alien, including a tourist,
13 business visitor, foreign student, exchange visitor, temporary
14 worker, or diplomat. In addition, a "nonqualified noncitizen"
15 includes an individual paroled into the United States for less
16 than 1 year. A qualified noncitizen who is otherwise eligible
17 may receive temporary cash assistance to the extent permitted
18 by federal law. The income or resources of a sponsor and the
19 sponsor's spouse shall be included in determining eligibility
20 to the maximum extent permitted by federal law.
21 (a) A child born in the United States to an illegal or
22 ineligible alien is eligible for temporary cash assistance
23 under this chapter if the family meets all eligibility
24 requirements.
25 (b) If the parent may legally work in this country,
26 the parent must participate in the work activity requirements
27 provided in s. 414.065, to the extent permitted under federal
28 law.
29 (c) The department shall participate in the Systematic
30 Alien Verification for Entitlements Program (SAVE) established
31 by the United States Immigration and Naturalization Service in
25
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 order to verify the validity of documents provided by aliens
2 and to verify an alien's eligibility.
3 (d) The income of an illegal alien or ineligible
4 alien, less a pro rata share for the illegal alien or
5 ineligible alien, counts in determining a family's eligibility
6 to participate in the program.
7 (e) The entire assets of an ineligible alien or a
8 disqualified individual who is a mandatory member of a family
9 shall be included in determining the family's eligibility.
10 (10) PARTICIPANT OPPORTUNITIES AND OBLIGATIONS.--An
11 applicant or participant in the WAGES Program has the
12 following opportunities and obligations:
13 (g) To receive information regarding services
14 available from certified domestic violence centers or
15 organizations that provide counseling and supportive services
16 to individuals who are past or present victims of domestic
17 violence or who are at risk of domestic violence and, upon
18 request, to be referred to such organizations in a manner
19 which protects the individual's confidentiality.
20 (15) PROHIBITIONS AND RESTRICTIONS.--
21 (d) Notwithstanding any law to the contrary, if a
22 parent or caretaker relative without good cause does not
23 cooperate with the state agency responsible for administering
24 the child support enforcement program in establishing,
25 modifying, or enforcing a support order with respect to a
26 child of a teen parent or other family member, or a child of a
27 family member who is in the care of an adult relative,
28 temporary cash assistance to the entire family shall be denied
29 until the state agency indicates that cooperation by the
30 parent or caretaker relative has been satisfactory. To the
31 extent permissible under federal law, a parent or caretaker
26
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 relative shall not be penalized for failure to cooperate with
2 paternity establishment or with the establishment,
3 modification, or enforcement of a support order when such
4 cooperation could subject an individual to a risk of domestic
5 violence. Such risk shall constitute good cause to the extent
6 permitted by Title IV-D of the Social Security Act, as
7 amended, or other federal law.
8 Section 9. Subsection (2) of section 414.115, Florida
9 Statutes, is amended to read:
10 414.115 Limited temporary cash assistance for children
11 born to families receiving temporary cash assistance.--
12 (2) Subsection (1) does not apply:
13 (a) To a program participant who is a victim of rape
14 or incest if the victim files a police report on the rape or
15 incest within 30 days after the incident;
16 (b) To a program participant who is confirmed by the
17 Title IV-D child support agency as having been granted an
18 exemption from participating in requirements for the
19 enforcement of child support due to circumstances consistent
20 with the conception of the child as a result of rape, incest,
21 or sexual exploitation. A child for whom an exemption is
22 claimed under this paragraph and for whom an application has
23 been made for a good-cause exemption from the requirements of
24 s. 414.095 shall receive temporary benefits until a
25 determination is made on the application for a good-cause
26 exemption from the requirements of s. 414.095;
27 (c)(b) To children who are the firstborn, including
28 all children in the case of multiple birth, of minors included
29 in a temporary cash assistance group who as minors become
30 first-time parents;
31 (d)(c) To a child when parental custody has been
27
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 legally transferred; or
2 (e)(d) To a child who is no longer able to live with
3 his or her parents as a result of:
4 1. The death of the child's parent or parents;
5 2. The incapacity of the child's parent or parents as
6 documented by a physician, such that the parent or parents are
7 unable to care for the child;
8 3. Legal transfer of the custody of the child to
9 another individual;
10 4. Incarceration of the child's parent or parents,
11 except that the child shall not receive temporary cash
12 assistance if a parent is subsequently released and reunited
13 with the child; or
14 5. A situation in which the child's parent's or
15 parents' institutionalization is expected to be for an
16 extended period, as defined by the department.
17 Section 10. Paragraph (g) is added to subsection (1)
18 of section 234.01, Florida Statutes, to read:
19 234.01 Purpose; transportation; when provided.--
20 (1) School boards, after considering recommendations
21 of the superintendent:
22 (g) May provide transportation for WAGES program
23 participants as defined in s. 414.0252.
24 Section 11. Present paragraph (b) of subsection (1) of
25 section 234.211, Florida Statutes, is redesignated as
26 paragraph (c), and a new paragraph (b) is added to that
27 subsection to read:
28 234.211 Use of school buses for public purposes.--
29 (1)
30 (b) Each school district may enter into agreements
31 with local WAGES coalitions for the provision of
28
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 transportation services to WAGES program participants as
2 defined in s. 414.0252. Agreements must provide for
3 reimbursement in full or in part for the proportionate share
4 of fixed and operating costs incurred by the school district
5 attributable to the use of buses in accordance with the
6 agreement.
7 Section 12. Subsection (13) is added to section
8 341.041, Florida Statutes, to read:
9 341.041 Transit responsibilities of the
10 department.--The department shall, within the resources
11 provided pursuant to chapter 216:
12 (13) Assist local governmental entities and other
13 transit operators in the planning, development, and
14 coordination of transit services for WAGES program
15 participants as defined in s. 414.0252.
16 Section 13. Subsections (1) and (2) of section
17 341.052, Florida Statutes, are amended to read:
18 341.052 Public transit block grant program;
19 administration; eligible projects; limitation.--
20 (1) There is created a public transit block grant
21 program which shall be administered by the department. Block
22 grant funds shall only be provided to "Section 9" providers
23 and "Section 18" providers designated by the United States
24 Department of Transportation and community transportation
25 coordinators as defined in chapter 427. Eligible providers
26 must establish public transportation development plans
27 consistent, to the maximum extent feasible, with approved
28 local government comprehensive plans of the units of local
29 government in which the provider is located. In developing
30 public transportation development plans, eligible providers
31 must solicit comments from local WAGES coalitions established
29
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 under chapter 414. The development plans must address how the
2 public transit provider will work with the appropriate local
3 WAGES coalition to provide services to WAGES participants.
4 Eligible providers must review program and financial plans
5 established under s. 414.028 and provide information to the
6 local WAGES coalition serving the county in which the provider
7 is located regarding the availability of transportation
8 services to assist WAGES program participants.
9 (2) Costs for which public transit block grant program
10 funds may be expended include:
11 (a) Costs of public bus transit and local public fixed
12 guideway capital projects.
13 (b) Costs of public bus transit service development
14 and transit corridor projects. Whenever block grant funds are
15 used for a service development project or a transit corridor
16 project, the use of such funds is governed by s. 341.051.
17 Local transit service development projects and transit
18 corridor projects currently operating under contract with the
19 department shall continue to receive state funds according to
20 the contract until such time as the contract expires. Transit
21 corridor projects, wholly within one county, meeting or
22 exceeding performance criteria as described in the contract
23 shall be continued by the transit provider at the same or a
24 higher level of service until such time as the department, the
25 M.P.O., and the service provider, agree to discontinue the
26 service. The provider may not increase fares for services in
27 transit corridor projects wholly within one county without the
28 consent of the department.
29 (c) Costs of public bus transit operations.
30
31 All projects must shall be consistent, to the maximum extent
30
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 feasible, with the approved local government comprehensive
2 plans of the units of local government comprehensive plans of
3 local government in which the project is located.
4 Section 14. Paragraph (a) of subsection (2) of section
5 414.026, Florida Statutes, is amended to read:
6 414.026 WAGES Program State Board of Directors.--
7 (2)(a) The board of directors shall be composed of the
8 following members:
9 1. The Commissioner of Education, or the
10 commissioner's designee.
11 2. The Secretary of Children and Family Services.
12 3. The Secretary of Health.
13 4. The Secretary of Labor and Employment Security.
14 5. The Secretary of Community Affairs.
15 6. The Secretary of Transportation, or the secretary's
16 designee.
17 7.6. The director of the Office of Tourism, Trade, and
18 Economic Development.
19 8.7. The president of the Enterprise Florida workforce
20 development board, established under s. 288.9620.
21 9.8. The chief executive officer of the Florida
22 Tourism Industry Marketing Corporation, established under s.
23 288.1226.
24 10.9. Nine members appointed by the Governor, as
25 follows:
26 a. Six members shall be appointed from a list of ten
27 nominees, of which five must be submitted by the President of
28 the Senate and five must be submitted by the Speaker of the
29 House of Representatives. The list of five nominees submitted
30 by the President of the Senate and the Speaker of the House of
31 Representatives must each contain at least three individuals
31
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 employed in the private sector, two of whom must have
2 management experience. One of the five nominees submitted by
3 the President of the Senate and one of the five nominees
4 submitted by the Speaker of the House of Representatives must
5 be an elected local government official who shall serve as an
6 ex officio nonvoting member.
7 b. Three members shall be at-large members appointed
8 by the Governor.
9 c. Of the nine members appointed by the Governor, at
10 least six must be employed in the private sector and of these,
11 at least five must have management experience.
12
13 The members appointed by the Governor shall be appointed to
14 4-year, staggered terms. Within 60 days after a vacancy occurs
15 on the board, the Governor shall fill the vacancy of a member
16 appointed from the nominees submitted by the President of the
17 Senate and the Speaker of the House of Representatives for the
18 remainder of the unexpired term from one nominee submitted by
19 the President of the Senate and one nominee submitted by the
20 Speaker of the House of Representatives. Within 60 days after
21 a vacancy of a member appointed at-large by the Governor
22 occurs on the board, the Governor shall fill the vacancy for
23 the remainder of the unexpired term. The composition of the
24 board must generally reflect the racial, gender, and ethnic
25 diversity of the state as a whole.
26 Section 15. Section 414.20, Florida Statutes, is
27 amended to read:
28 414.20 Other support services.--Support services shall
29 be provided, if resources permit, to assist participants in
30 complying with work activity requirements outlined in s.
31 414.065. If resources do not permit the provision of needed
32
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 support services, the department and the Department of Labor
2 and Employment Security may prioritize or otherwise limit
3 provision of support services. This section does not
4 constitute an entitlement to support services. Lack of
5 provision of support services may be considered as a factor in
6 determining whether good cause exists for failing to comply
7 with work activity requirements but does not automatically
8 constitute good cause for failing to comply with work activity
9 requirements, and does not affect any applicable time limit on
10 the receipt of temporary cash assistance or the provision of
11 services under this chapter. Support services shall include,
12 but need not be limited to:
13 (1) TRANSPORTATION.--Transportation expenses may be
14 provided to any participant when the assistance is needed to
15 comply with work activity requirements or employment
16 requirements, including transportation to and from a child
17 care provider. Payment may be made in cash or tokens in
18 advance or through reimbursement paid against receipts or
19 invoices. Transportation services may include, but are not
20 limited to, cooperative arrangements with the following:
21 public transit providers; community transportation
22 coordinators designated under chapter 427; school districts,
23 churches and community centers; donated motor vehicle
24 programs, vanpools, and ridesharing programs; small enterprise
25 developments and entrepreneurial programs that encourage WAGES
26 participants to become transportation providers; public and
27 private transportation partnerships; and other innovative
28 strategies to expand transportation options available to
29 program participants.
30 (a) Local WAGES coalitions are authorized to provide
31 payment for vehicle operational and repair expenses, including
33
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 repair expenditures necessary to make a vehicle functional;
2 vehicle registration fees; driver's license fees; and
3 liability insurance for the vehicle for a period of up to 6
4 months. Request for vehicle repairs must be accompanied by an
5 estimate of the cost prepared by a repair facility registered
6 under s. 559.904.
7 (b) Transportation disadvantaged funds as defined in
8 chapter 427 do not include WAGES support services funds or
9 funds appropriated to assist persons eligible under the Job
10 Training Partnership Act. It is the intent of the Legislature
11 that local WAGES coalitions and regional workforce development
12 boards consult with local community transportation
13 coordinators designated under chapter 427 regarding the
14 availability and cost of transportation services through the
15 coordinated transportation system prior to contracting for
16 comparable transportation services outside the coordinated
17 system. Support services funds may also be used to develop
18 transportation resources to expand transportation options
19 available to participants. These services may include
20 cooperative arrangements with local transit authorities or
21 school districts and small enterprise development.
22 (2) ANCILLARY EXPENSES.--Ancillary expenses such as
23 books, tools, clothing, fees, and costs necessary to comply
24 with work activity requirements or employment requirements may
25 be provided.
26 (3) MEDICAL SERVICES.--A family that meets the
27 eligibility requirements for Medicaid shall receive medical
28 services under the Medicaid program.
29 (4) PERSONAL AND FAMILY COUNSELING AND
30 THERAPY.--Counseling may be provided to participants who have
31 a personal or family problem or problems caused by substance
34
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 abuse that is a barrier to compliance with work activity
2 requirements or employment requirements. In providing these
3 services, the department and the Department of Labor and
4 Employment Security shall use services that are available in
5 the community at no additional cost. If these services are not
6 available, the department and the Department of Labor and
7 Employment Security may use support services funds. Personal
8 or family counseling not available through Medicaid may not be
9 considered a medical service for purposes of the required
10 statewide implementation plan or use of federal funds.
11 Section 16. Section 414.25, Florida Statutes, is
12 amended to read:
13 414.25 Exemption from leased real property
14 requirements.--In order to facilitate implementation of this
15 chapter with respect to establishing jobs and benefits
16 offices, the Department of Labor and Employment Security and
17 the Department of Children and Family Services are exempt from
18 the requirements of 255.25(2)(b) and 255.25(3)(a) which relate
19 to the requirement of advertisement for and receipt of
20 competitive bids for the procurement of leased real property.
21 This exemption expires June 30, 1999 s. 255.25 which relate to
22 the procurement of leased real property. This exemption
23 expires June 30, 1998.
24 Section 17. Section 414.225, Florida Statutes, is
25 created to read:
26 414.225 Transitional transportation.--In order to
27 assist former WAGES participants in maintaining and sustaining
28 employment, transportation may be provided, if funds are
29 available, for up to 1 year after the participant is no longer
30 eligible to participate in the program due to earnings. This
31 does not constitute an entitlement to transitional
35
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 transportation. If funds are not sufficient to provide
2 services under this section, the department may limit or
3 otherwise prioritize transportation services.
4 (1) Transitional transportation must be job related.
5 (2) Transitional transportation may include expenses
6 identified in s. 414.20.
7 Section 18. Subsection (27) is added to section
8 427.013, Florida Statutes, to read:
9 427.013 The Commission for the Transportation
10 Disadvantaged; purpose and responsibilities.--The purpose of
11 the commission is to accomplish the coordination of
12 transportation services provided to the transportation
13 disadvantaged. The goal of this coordination shall be to
14 assure the cost-effective provision of transportation by
15 qualified community transportation coordinators or
16 transportation operators for the transportation disadvantaged
17 without any bias or presumption in favor of multioperator
18 systems or not-for-profit transportation operators over single
19 operator systems or for-profit transportation operators. In
20 carrying out this purpose, the commission shall:
21 (27) Ensure that local community transportation
22 coordinators work cooperatively with local WAGES coalitions
23 established in chapter 414 to provide assistance in the
24 development of innovative transportation services for WAGES
25 participants.
26 Section 19. Subsection (9) is added to section
27 427.0155, Florida Statutes, to read:
28 427.0155 Community transportation coordinators; powers
29 and duties.--Community transportation coordinators shall have
30 the following powers and duties:
31 (9) Work cooperatively with local WAGES coalitions
36
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 established in chapter 414 to provide assistance in the
2 development of innovative transportation services for WAGES
3 participants.
4 Section 20. Subsection (7) is added to section
5 427.0157, Florida Statutes, to read:
6 427.0157 Coordinating boards; powers and duties.--The
7 purpose of each coordinating board is to develop local service
8 needs and to provide information, advice, and direction to the
9 community transportation coordinators on the coordination of
10 services to be provided to the transportation disadvantaged.
11 The commission shall, by rule, establish the membership of
12 coordinating boards. The members of each board shall be
13 appointed by the metropolitan planning organization or
14 designated official planning agency. The appointing authority
15 shall provide each board with sufficient staff support and
16 resources to enable the board to fulfill its responsibilities
17 under this section. Each board shall meet at least quarterly
18 and shall:
19 (7) Work cooperatively with local WAGES coalitions
20 established in chapter 414 to provide assistance in the
21 development of innovative transportation services for WAGES
22 participants.
23 Section 21. Subsection (1) and paragraph (a) of
24 subsection (3) of section 212.096, Florida Statutes, are
25 amended to read:
26 212.096 Sales, rental, storage, use tax; enterprise
27 zone jobs credit against sales tax.--
28 (1) For the purposes of the credit provided in this
29 section:
30 (a) "Eligible business" means any sole proprietorship,
31 firm, partnership, corporation, bank, savings association,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 estate, trust, business trust, receiver, syndicate, or other
2 group or combination, or successor business, located in an
3 enterprise zone. An eligible business does not include any
4 business which has claimed the credit permitted under s.
5 220.181 for any new business employee first beginning
6 employment with the business after July 1, 1995.
7 (b) "Month" means either a calendar month or the time
8 period from any day of any month to the corresponding day of
9 the next succeeding month or, if there is no corresponding day
10 in the next succeeding month, the last day of the succeeding
11 month.
12 (c) "New employee" means a person residing in an
13 enterprise zone, a qualified Job Training Partnership Act
14 classroom training participant, or a WAGES Program participant
15 who begins employment with an eligible business after July 1,
16 1995, and who has not been previously employed within the
17 preceding 12 months by the eligible business, or a successor
18 eligible business, claiming the credit allowed by this
19 section.
20
21 A person shall be deemed to be employed if the person performs
22 duties in connection with the operations of the business on a
23 regular, full-time basis, provided the person is performing
24 such duties for an average of at least 36 hours per week each
25 month, or a part-time basis, provided the person is performing
26 such duties for an average of at least 20 hours per week each
27 month throughout the year. The person must be performing such
28 duties at a business site located in the enterprise zone.
29 (3) In order to claim this credit, an eligible
30 business must file under oath with the governing body or
31 enterprise zone development agency having jurisdiction over
38
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 the enterprise zone where the business is located, as
2 applicable, a statement which includes:
3 (a) For each new employee for whom this credit is
4 claimed, the employee's name and place of residence, including
5 the identifying number assigned pursuant to s. 290.0065 to the
6 enterprise zone in which the employee resides if the new
7 employee is a person residing in an enterprise zone, and, if
8 applicable, documentation that the employee is a qualified Job
9 Training Partnership Act classroom training participant or a
10 WAGES Program participant.
11 Section 22. Paragraph (q) of subsection (1) of section
12 220.03, Florida Statutes, is amended to read:
13 220.03 Definitions.--
14 (1) SPECIFIC TERMS.--When used in this code, and when
15 not otherwise distinctly expressed or manifestly incompatible
16 with the intent thereof, the following terms shall have the
17 following meanings:
18 (q) "New employee," for the purposes of the enterprise
19 zone jobs credit, means a person residing in an enterprise
20 zone, a qualified Job Training Partnership Act classroom
21 training participant, or a WAGES Program participant employed
22 at a business located in an enterprise zone who begins
23 employment in the operations of the business after July 1,
24 1995, and who has not been previously employed within the
25 preceding 12 months by the business or a successor business
26 claiming the credit pursuant to s. 220.181. A person shall be
27 deemed to be employed by such a business if the person
28 performs duties in connection with the operations of the
29 business on a full-time basis, provided she or he is
30 performing such duties for an average of at least 36 hours per
31 week each month, or a part-time basis, provided she or he is
39
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 performing such duties for an average of at least 20 hours per
2 week each month throughout the year. The person must be
3 performing such duties at a business site located in an
4 enterprise zone. The provisions of this paragraph shall expire
5 and be void on June 30, 2005.
6 Section 23. Paragraph (a) of subsection (2) of section
7 220.181, Florida Statutes, is amended to read:
8 220.181 Enterprise zone jobs credit.--
9 (2) When filing for an enterprise zone jobs credit, a
10 business must file under oath with the governing body or
11 enterprise zone development agency having jurisdiction over
12 the enterprise zone where the business is located, as
13 applicable, a statement which includes:
14 (a) For each new employee for whom this credit is
15 claimed, the employee's name and place of residence during the
16 taxable year, including the identifying number assigned
17 pursuant to s. 290.0065 to the enterprise zone in which the
18 new employee resides if the new employee is a person residing
19 in an enterprise zone, and, if applicable, documentation that
20 the employee is a qualified Job Training Partnership Act
21 classroom training participant or a WAGES Program participant.
22 Section 24. Subsection (10) is added to section
23 288.047, Florida Statutes, to read:
24 288.047 Quick-response training for economic
25 development.--
26 (10) There is created a Quick-response Training
27 Program for Work and Gain Economic Self-sufficiency (WAGES)
28 participants. Enterprise Florida, Inc., may, at the discretion
29 of the State WAGES Emergency Response Team, award
30 quick-response training grants and develop applicable
31 guidelines for the training of participants in the WAGES
40
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 Program. In addition to a local economic development
2 organization, grants must be endorsed by the applicable local
3 WAGES coalition and regional workforce development board.
4 (a) Training funded pursuant to this subsection may
5 not exceed 12 months, and may be provided by the local
6 community college, school district, regional workforce
7 development board, or the business employing the participant,
8 including on-the-job training. Training will provide
9 entry-level skills to new workers, including those employed in
10 retail, who are participants in the WAGES Program.
11 (b) WAGES participants trained pursuant to this
12 subsection must be employed at a wage not less than $6.00 per
13 hour.
14 (c) Funds made available pursuant to this subsection
15 may be expended in connection with the relocation of a
16 business from one community to another community if approved
17 by the State WAGES Emergency Response Team.
18 Section 25. Section 414.155, Florida Statutes, is
19 created to read:
20 414.155 Relocation assistance program.--
21 (1) The Legislature recognizes that the need for
22 public assistance may arise because a family is located in an
23 area with limited employment opportunities, because of
24 geographic isolation, because of formidable transportation
25 barriers, because of isolation from their extended family, or
26 because domestic violence interferes with the ability of a
27 parent to maintain self-sufficiency. Accordingly there is
28 established a program to assist families in relocating to
29 communities with greater opportunities for self-sufficiency.
30 (2) The relocation assistance program shall involve
31 five steps by the Department of Children and Family Services
41
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 or the Department of Labor and Employment Security:
2 (a) A determination that the family is a WAGES Program
3 participant or that all requirements of eligibility for the
4 WAGES Program would likely be met.
5 (b) A determination that there is a basis for
6 believing that relocation will contribute to the ability of
7 the applicant to achieve self-sufficiency. For example, the
8 applicant:
9 1. Is unlikely to achieve independence at the current
10 community of residence;
11 2. Has secured a job that requires relocation to
12 another community;
13 3. Has a family support network in another community;
14 or
15 4. Is determined, pursuant to criteria or procedures
16 established by the WAGES Program State Board of Directors, to
17 be a victim of domestic violence who would experience reduced
18 probability of further incidents through relocation.
19 (c) Establishment of a relocation plan, including a
20 budget and such requirements as are necessary to prevent abuse
21 of the benefit and to provide an assurance that the applicant
22 will relocate. The plan may require that expenditures be made
23 on behalf of the recipient. However, the plan must include
24 provisions to protect the safety of victims of domestic
25 violence and avoid provisions that place them in anticipated
26 danger. The payment to defray relocation expenses shall be
27 limited to an amount not to exceed 4 months' temporary cash
28 assistance, based on family size.
29 (d) A determination, pursuant to criteria adopted by
30 the WAGES Program State Board of Directors, that a Florida
31 community receiving a relocated family has the capacity to
42
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 provide needed services and employment opportunities.
2 (e) Monitoring the relocation.
3 (3) A family receiving relocation assistance for
4 reasons other than domestic violence must sign an agreement
5 restricting the family from applying for temporary cash
6 assistance for 6 months, unless an emergency is demonstrated
7 to the department. If a demonstrated emergency forces the
8 family to reapply for temporary cash assistance within 6
9 months after receiving a relocation assistance payment,
10 repayment must be made on a prorated basis over an 8-month
11 period and subtracted from any regular payment of temporary
12 cash assistance for which the applicant may be eligible.
13 (4) The Department of Labor and Employment Security
14 shall have authority to adopt rules pursuant to the
15 Administrative Procedure Act to determine that a community has
16 the capacity to provide services and employment opportunities
17 for a relocated family.
18 (5) The Department of Children and Family Services
19 shall have authority to adopt rules pursuant to the
20 Administrative Procedure Act to develop and implement
21 relocation plans and to draft an agreement restricting a
22 family from applying for temporary cash assistance within 6
23 months after receiving a relocation assistance payment.
24 (6)(4) The Department of Labor and Employment Security
25 shall have authority to adopt rules pursuant to the
26 Administrative Procedure Act to determine that a community has
27 the capacity to provide services and employment opportunities
28 for a relocated family.
29 (7)(5) The Department of Children and Family Services
30 shall have authority to adopt rules pursuant to the
31 Administrative Procedure Act to develop and implement
43
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 relocation plans and to draft an agreement restricting a
2 family from applying for temporary cash assistance within 6
3 months after receiving a relocation assistance payment.
4 Section 26. (1) There is hereby appropriated $32
5 million from the Employment Security Administration Trust Fund
6 for the Department of Labor and Employment Security which
7 shall be used to assist WAGES Coalitions with the
8 transportation and precertification of clients and provide
9 business incentives to businesses which hire WAGES clients.
10 Such expenditures from the Employment Security Administration
11 Trust Fund which are based on receipts from the Temporary
12 Assistance for Needy Families block grant shall be expended in
13 accordance with the requirements and limitations of Part A of
14 Title IV of the Social Security Act, as amended or any other
15 applicable federal requirement or limitation. Prior to any
16 expenditure of such funds, the Secretary of the Department of
17 Children and Family Services or designee shall certify that
18 controls are in place to insure such funds are expended in
19 accordance with the requirements and limitations of federal
20 law and that any reporting requirements of federal law are
21 met. It shall be the responsibility of any entity to which
22 such funds are appropriated to obtain the required
23 certification prior to any expenditure of funds.
24 (2) A total of $1.9 million is appropriated from the
25 Employment Security Administration Trust Fund to establish a
26 life preparation program with the National Guard for children
27 of WAGES participants and economically disadvantaged youths in
28 concert with neighborhood revitalization efforts.
29 (3) The following resources are designated for support
30 of the WAGES Program Employment Projects. Any expenditures
31 from the Temporary Assistance for Needy Families block grant
44
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 or Job Training Partnership Act shall be expended in
2 accordance with the requirements and limitations of part A of
3 Title IV of the Social Security Act, as amended or any other
4 applicable federal requirement or limitation. Prior to any
5 expenditure of such funds, the secretaries of the departments
6 of Children and Family Services and Labor and Employment
7 Secruity, or their designees shall certify that controls are
8 in place to insure such funds are expended in accordance with
9 the requirements and limitations of federal law and that any
10 reporting requirements of federal law are met. It shall be
11 the responsibility of any entity to which such funds are
12 appropriated to obtain the required certification prior to any
13 expenditure of funds.
14 (a) Up to $25 million of funds designated for WAGES
15 reserve is to be expended for WAGES Program Employment
16 Projects.
17 (b) Up to $7.5 million from Employment Security
18 Administration Trust Fund amounts associated with the
19 Welfare-to-Work grant is to be reserved for WAGES Program
20 Employment Projects. Of the $7.5 million reserved, $2.5
21 million is to be provided to the Institute of Food and
22 Agricultural Sciences of the University of Florida for WAGES
23 job opportunities, and $1 million is to be provided to the
24 Department of Military Affairs to provide job readiness
25 services for WAGES Program participants as approved by the
26 State WAGES Board.
27 Section 27. Subsection (6) of section 14.2015, Florida
28 Statutes, is amended to read:
29 14.2015 Office of Tourism, Trade, and Economic
30 Development; creation; powers and duties.--
31 (6)(a) In order to improve the state's regulatory
45
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 environment, the Office of Tourism, Trade, and Economic
2 Development shall consider the impact of agency rules on
3 businesses, provide one-stop permit information and
4 assistance, and serve as an advocate for businesses,
5 particularly small businesses, in their dealings with state
6 agencies.
7 (b) As used in this subsection, the term "permit"
8 means any approval of an agency required as a condition of
9 operating a business in this state, including, but not limited
10 to, licenses and registrations.
11 (c) The office shall have powers and duties to:
12 1. Review proposed agency actions for impacts on small
13 businesses and offer alternatives to mitigate such impacts, as
14 provided in s. 120.54.
15 2. In consultation with the Governor's rules
16 ombudsman, make recommendations to agencies on any existing
17 and proposed rules for alleviating unnecessary or
18 disproportionate adverse effects to businesses.
19 3. Make recommendations to the Legislature and to
20 agencies for improving permitting procedures affecting
21 business activities in the state. By October 1, 1997, and
22 annually thereafter as part of the report prepared pursuant to
23 paragraph (2)(e), the Office of Tourism, Trade, and Economic
24 Development shall submit a report to the Legislature on
25 containing the following:
26 a. An identification and description of methods to
27 eliminate, consolidate, simplify, or expedite permits.
28 b. An identification and description of those agency
29 rules repealed or modified during each calendar year to
30 improve the regulatory climate for businesses operating in the
31 state.
46
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 c. A recommendation for an operating plan and funding
2 level for establishing an automated one-stop permit registry
3 to provide the following services:
4 (I) Access by computer network to all permit
5 applications and approval requirements of each state agency.
6 (II) Assistance in the completion of such
7 applications.
8 (III) Centralized collection of any permit fees and
9 distribution of such fees to agencies.
10 (IV) Submission of application data and circulation of
11 such data among state agencies by computer network.
12
13 Subject to legislative appropriation, the Office of Tourism,
14 Trade, and Economic Development is authorized to coordinate
15 the establishment of such a one-stop permit registry,
16 including, but not limited to, working with all appropriate
17 state agencies on the implementation of the operating plan. If
18 the Legislature establishes such a registry is established,
19 subsequent annual reports to the Legislature from the Office
20 of Tourism, Trade, and Economic Development pursuant to this
21 paragraph must cover the status and performance of this
22 registry.
23 4. Serve as a clearinghouse for information on which
24 permits are required for a particular business and on the
25 respective application process, including criteria applied in
26 making a determination on a permit application. Each state
27 agency that requires a permit, license, or registration for a
28 business shall submit to the Office of Tourism, Trade, and
29 Economic Development by August 1 of each year a list of the
30 types of businesses and professions that it regulates and of
31 each permit, license, or registration that it requires for a
47
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 type of business or profession.
2 5. Obtain information and permit applications from
3 agencies and provide such information and permit applications
4 to the public.
5 6. Arrange, upon request, informal conferences between
6 a business and an agency to clarify regulatory requirements or
7 standards or to identify and address problems in the permit
8 review process.
9 7. Determine, upon request, the status of a particular
10 permit application.
11 8. Receive complaints and suggestions concerning
12 permitting policies and activities of governmental agencies
13 which affect businesses.
14 (d) Use of the services authorized in this subsection
15 does not preclude a person or business from dealing directly
16 with an agency.
17 (e) In carrying out its duties under this subsection,
18 the Office of Tourism, Trade, and Economic Development may
19 consult with state agency personnel appointed to serve as
20 economic development liaisons under s. 288.021.
21 (f) The office shall clearly represent that its
22 services are advisory, informational, and facilitative only.
23 Advice, information, and assistance rendered by the office
24 does not relieve any person or business from the obligation to
25 secure a required permit. The office is not liable for any
26 consequences resulting from the failure to issue or to secure
27 a required permit. However, an applicant who uses the services
28 of the office and who receives a written statement identifying
29 required state permits relating to a business activity may not
30 be assessed a penalty for failure to obtain a state permit
31 that was not identified, if the applicant submits an
48
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 application for each such permit within 60 days after written
2 notification from the agency responsible for issuing the
3 permit.
4 Section 28. Section 288.9958, Florida Statutes, is
5 created to read:
6 288.9958 PRIDE Job Placement Incentive Program.--
7 (1) The Legislature recognizes that the location of
8 some correctional facilities has been determined by the desire
9 to provide employment opportunities for residents of
10 communities that have not experienced the economic growth of
11 other portions of the state. The Legislature further
12 recognizes that the corporation authorized by chapter 946 to
13 manage correctional work programs can provide expertise and
14 assistance in the areas of on-the-job training and employment
15 assistance. Partnerships between the state and the corporation
16 authorized by chapter 946 to manage correctional work programs
17 may result in increased employment opportunities for local
18 citizens. To assist the corporation authorized by chapter 946
19 in economic development initiatives that specifically enhance
20 the employment opportunities for WAGES participants, the PRIDE
21 Job Placement Incentive Program is created. The Legislature
22 hereby permits the corporation authorized by chapter 946 to
23 participate in the PRIDE Job Training Placement Incentive
24 Program.
25 (2) The PRIDE Job Placement Incentive Program is
26 created to encourage the use of the corporation's expertise
27 and resources, including correctional facilities, in job
28 training and employment assistance in the economic development
29 of the state. The program shall be administered by the
30 Workforce Development Board of Enterprise Florida, Inc. The
31 Workforce Development Board shall adopt guidelines for the
49
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 administration of this program. Awarding of grants is
2 dependent upon legislative appropriation.
3 (a) The Workforce Development Board may authorize a
4 grant of $1,000 to the corporation authorized by chapter 946,
5 or a business working in association with such corporation,
6 for full-time employment of a WAGES participant in those
7 workforce development regions and two sites identified by the
8 Workforce Development Board pursuant to subsection (3). The
9 incentive payment shall be paid incrementally, with a payment
10 of $250 upon initial employment, $250 at an employment
11 duration of 6 months, and $500 at an employment duration of 1
12 year. Such grants are provided to off-set the costs of
13 business location and training the local workforce.
14 (b) The Workforce Development Board may authorize a
15 grant of $2,400 to the corporation authorized by chapter 946,
16 or a business working in association with such corporation for
17 full-time employment of a WAGES participant and when the
18 corporation provides on-the-job training to the WAGES
19 participant.
20 (c) Grants may not be issued for the employment of
21 individuals who have participated in a prison rehabilitative
22 industry program longer than 6 months in the 2 years prior to
23 employment.
24 (d) WAGES participants eligible for employment in the
25 PRIDE Job Placement Incentive Program must be referred by
26 local WAGES coalitions to the corporation authorized by
27 chapter 946.
28 (3) The Workforce Development Board shall identify
29 five workforce development regions in the state which have the
30 least employment opportunities per WAGES participant and, if
31 approved by the Workforce Development Board, two sites where
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 the corporation authorized by chapter 946 has facilities or
2 resources. The five workforce development regions and two
3 sites, if applicable, designated by the Workforce Development
4 Board as having the fewest employment opportunities per WAGES
5 participant are those in which the corporation authorized by
6 chapter 946 or businesses working in association with such
7 corporation may be eligible for job placement incentives.
8 (4) Businesses that have accepted a job placement
9 incentive pursuant to this section may also be eligible to
10 apply for any tax credits, wage supplementation, wage subsidy,
11 or employer payment for that employee which are authorized in
12 law or by agreement with the employer.
13 (5) If approved by the Department of Corrections,
14 WAGES participants may be employed by the corporation
15 authorized by chapter 946 in those facilities not operated
16 within the secured perimeters of the prison grounds that are
17 managed by such corporation, and in other areas, as approved
18 by the Department of Corrections. A safety plan for all WAGES
19 participants in this program must be completed by the
20 corporation in cooperation with the Department of Corrections.
21 (6) In carrying out the provisions of this section,
22 the corporation shall be entitled to all the privileges and
23 immunities as set forth in part II of chapter 946.
24 Section 29. Section 257.35, Florida Statutes, is
25 amended to read:
26 257.35 Florida State Archives.--
27 (1) There is created within the Division of Library
28 and Information Services of the Department of State the
29 Florida State Archives for the preservation of those public
30 records, as defined in s. 119.011(1), manuscripts, and other
31 archival material that have been determined by the division to
51
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 have sufficient historical or other value to warrant their
2 continued preservation and have been accepted by the division
3 for deposit in its custody. It is the duty and responsibility
4 of the division to:
5 (a) Organize and administer the Florida State
6 Archives.
7 (b) Preserve and administer such records as shall be
8 transferred to its custody; accept, arrange, and preserve
9 them, according to approved archival practices; and permit
10 them, at reasonable times and under the supervision of the
11 division, to be inspected, examined, and copied. All public
12 records transferred to the custody of the division shall be
13 subject to the provisions of s. 119.07(1), except that any
14 public record or other record provided by law to be
15 confidential or prohibited from inspection by the public shall
16 be made accessible only after a period of 50 years from the
17 date of the creation of the record. Any nonpublic manuscript
18 or other archival material which is placed in the keeping of
19 the division under special terms and conditions, shall be made
20 accessible only in accordance with such law terms and
21 conditions and shall be exempt from the provisions of s.
22 119.07(1) to the extent necessary to meet the terms and
23 conditions for a nonpublic manuscript or other archival
24 material.
25 (c) Assist the records and information management
26 program in the determination of retention values for records.
27 (d) Cooperate with and assist insofar as practicable
28 state institutions, departments, agencies, counties,
29 municipalities, and individuals engaged in activities in the
30 field of state archives, manuscripts, and history and accept
31 from any person any paper, book, record, or similar material
52
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 which in the judgment of the division warrants preservation in
2 the state archives.
3 (e) Provide a public research room where, under rules
4 established by the division, the materials in the state
5 archives may be studied.
6 (f) Conduct, promote, and encourage research in
7 Florida history, government, international trade and culture
8 and maintain a program of information, assistance,
9 coordination, and guidance for public officials, educational
10 institutions, libraries, the scholarly community, and the
11 general public engaged in such research.
12 (g) Cooperate with and, insofar as practicable, assist
13 agencies, libraries, institutions, and individuals in projects
14 designed to preserve original source materials relating to
15 Florida history, government, international trade and culture
16 and prepare and publish handbooks, guides, indexes, and other
17 literature directed toward encouraging the preservation and
18 use of the state's documentary resources.
19 (h) Encourage and initiate efforts to preserve,
20 collect, process, transcribe, index, and research the oral
21 history of Florida government.
22 (i) Assist and cooperate with the records and
23 information management program in the training and information
24 program described in s. 257.36(1)(g).
25 (2) Any agency is authorized and empowered to turn
26 over to the division any record no longer in current official
27 use. The division, in its discretion, is authorized to accept
28 such record and, having done so, shall provide for its
29 administration and preservation as herein provided and, upon
30 acceptance, shall be considered the legal custodian of such
31 record. The division is empowered to direct and effect the
53
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 transfer to the archives of any records that are determined by
2 the division to have such historical or other value to warrant
3 their continued preservation or protection, unless the head of
4 the agency which has custody of the records certifies in
5 writing to the division that the records shall be retained in
6 the agency's custody for use in the conduct of the regular
7 current business of the agency.
8 (3) Title to any record transferred to the Florida
9 State Archives, as authorized in this chapter, shall be vested
10 in the division.
11 (4) The division shall make certified copies under
12 seal of any record transferred to it upon the application of
13 any person, and said certificates shall have the same force
14 and effect as if made by the agency from which the record was
15 received. The division may charge a fee for this service
16 based upon the cost of service.
17 (5) The division may establish and maintain a schedule
18 of fees for services which shall include, but not be limited
19 to, restoration of archival materials, storage of archival
20 materials, special research services, and publications.
21 (6) The division may establish and maintain as part of
22 the state archives a Florida State Photographic Collection.
23 The division shall:
24 (a) Acquire, identify, appraise, arrange, index,
25 restore, and preserve photographs, motion pictures, drawings,
26 and other iconographic material considered appropriate for
27 preservation.
28 (b) Initiate appropriate action to acquire, identify,
29 preserve, recover, and restore photographs, motion pictures,
30 and other iconographic material considered appropriate for
31 preservation.
54
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 (c) Provide for an index to the historical
2 photographic holdings of the Florida State Photographic
3 Collection and the State of Florida.
4
5 Any use or reproduction of material deposited with the Florida
6 State Photographic Collection shall be allowed pursuant to the
7 provisions of paragraph (1)(b) and subsection (4) provided
8 that appropriate credit for its use is given.
9 (7) The division shall establish and maintain, as part
10 of the state archives, a Florida State International Archive.
11 The division shall:
12 (a) Establish and maintain a mechanism by which the
13 information contained within the Florida State International
14 Archive may be accessed by computer via the World Wide Web. In
15 doing so, the division shall take whatever measures it deems
16 appropriate to insure the validity, quality, and safety of the
17 information being accessed;
18 (b) The Florida Council of International Development
19 may select materials for inclusion in the Florida State
20 International Archive and shall be consulted closely by the
21 division in all matters relating to its establishment and
22 maintenance; and
23 (c) Records transferred shall be in a format
24 established by the division. The Florida Council on
25 International Development shall be responsible for the cost of
26 any data conversion.
27 (8)(7) The division shall promulgate such rules as are
28 necessary to implement the provisions of this act.
29 Section 30. Section 288.9530, Florida Statutes, is
30 created to read:
31 288.9530 The Florida Business Expansion Corporation.--
55
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 (1) The Florida Business Expansion Corporation is
2 hereby created as a corporation not-for-profit, to be
3 incorporated under the provisions of chapter 617. The
4 corporation is organized on a nonstock basis. The corporation
5 shall provide business expansion assistance to businesses in
6 this state having job growth or emerging technology potential
7 and fewer than 50 employees and a net worth of not more than
8 $3 million. The primary purpose of the corporation shall be to
9 assist such Florida businesses to grow through the development
10 of cross-border transactions which lead to increased revenues,
11 cost reductions, sales or investments for Florida businesses.
12 For purposes of this Act, "cross-border transactions" shall be
13 defined as the formation of joint venture, strategic alliance,
14 investment, technology transfer or licensing, co-development,
15 or other commercial relationships between Florida businesses
16 and non-Florida entities. In providing its services, the
17 corporation shall seek to recover its costs and expenditures
18 of state funds via fee, equity participation, or any other
19 form of revenue generation or recovery, and to achieve the
20 self-sufficiency of its operations. It is the intent of the
21 Legislature that the corporation achieve self-sufficiency
22 within three years of its establishment. For the purposes of
23 this section, the term "self-sufficiency" shall mean that the
24 annual expenses of operation of the corporation shall be less
25 than or equal to the total value of the compensation derived
26 including fee, equity participation, or any other form of
27 revenue generation or recovery from the operations of the
28 corporation by June 30, 2001.
29 (2) The corporation shall not duplicate the services
30 and programs of Enterprise Florida, Inc., the Florida Export
31 Finance Corporation, and any other existing economic
56
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 development entity. The corporation programs are to serve
2 small to mid-sized Florida firms in conducting transactions
3 with entities located in other states and nations.
4 Section 31. Section 288.9531, Florida Statutes, is
5 created to read:
6 288.9531 Powers and Duties of the Corporation.--
7 (1) In addition to all of the statutory powers of
8 Florida not-for-profit corporations, the corporation shall
9 have the power and duty to:
10 (a) Perform analyses of opportunities to Florida
11 businesses from the formation of stronger and numerous
12 commercial relationships through cross-border transactions;
13 (b) Locate Florida businesses which are strong
14 candidates for business expansion and match such businesses
15 with joint venture or strategic alliance partners, sources of
16 investment capital, or purchasers or licensees of technology;
17 (c) Prepare selected Florida firms to achieve business
18 expansion through preparation of business plans and marketing
19 materials, arranging participation in major domestic and
20 international events targeted towards industry participants
21 and investors, and placement of articles in business press and
22 trade publications;
23 (d) Counsel Florida businesses in the development and
24 execution of cross-border transactions;
25 (e) Develop, in conjunction with target businesses,
26 criteria for evaluation of potential cross-border transactions
27 or strategic partners;
28 (f) Provide listings of strategic partners which meet
29 agreed-upon criteria;
30 (g) Develop negotiating strategies and marketing
31 materials designed to address the concerns of potential
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 strategic partners;
2 (h) Approach and initiate discussions with potential
3 strategic partners and investors;
4 (i) Present Florida small and medium-sized firms to
5 potential strategic partners and investors;
6 (j) Identify and, in conjunction with associated
7 professionals, provide guidance on critical business and legal
8 issues associated with proposed transactions, including issues
9 relating to transfers of assets, ownership of intellectual
10 property, tax planning, and other relevant matters;
11 (k) Assist in the negotiation of pricing and terms of
12 participation of the parties;
13 (l) Close cross-border transactions on behalf of
14 Florida small and medium-sized firms, and manage outside
15 professionals in the closing of the transaction;
16 (m) Handle issues that arise after closing to ensure
17 continued success of the transaction; and
18 (n) Charge fees, in amounts to be determined by the
19 board, to defray the operating costs of its programs.
20 (2) On or before December 31, 1998, the corporation
21 shall submit to the Office of Tourism, Trade, and Economic
22 Development a business plan providing further specifics of its
23 operations, including, but not limited to, the following:
24 (a) A detailed operating budget;
25 (b) Specific goals and outcomes to be achieved by the
26 corporation in the accomplishment of its statutory duties;
27 (c) Types of specific assistance to be rendered to
28 Florida businesses, including detailed descriptions of the
29 specific steps required to provide each type of assistance,
30 and the projected costs of such assistance; and
31 (d) Specific provisions for the self-sufficient
58
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 operation of the corporation prior to July 1, 2001, including
2 specific projections of the compensation anticipated from
3 generation of successful cross-border transactions.
4 (e) A description of the manner in which the
5 corporation will interact with existing state-sponsored
6 economic development entities.
7 (3) The business plan and the data upon which it is
8 based shall constitute a public record and shall be
9 distributed in a manner which will provide maximum benefit to
10 Florida businesses.
11 (4) Prior to December 1 of each year, the corporation
12 shall submit to the Governor, the President of the Senate, and
13 the Speaker of the House of Representatives, a complete and
14 detailed report including, but not limited to:
15 (a) The report required in s. 288.9536.
16 (b) The operations and accomplishments of the
17 corporation, including the number of businesses assisted by
18 the corporation.
19 (c) Its assets and liabilities at the end of its most
20 recent fiscal year, including a description of its outstanding
21 cross-border transactions.
22 Section 32. Section 288.9532, Florida Statutes, is
23 created to read:
24 288.9532 Board of directors.--
25 (1) The corporation shall have an initial board of
26 directors consisting of the following persons:
27 (a) The President of Enterprise Florida, Inc., or his
28 designee, who shall serve as the chair of the corporation;
29 (b) The Comptroller or designee;
30 (c) The Commissioner of Insurance or designee;
31 (d) The chair of the Florida Black Business Investment
59
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 Board or designee;
2 (e) The chair of the Florida Export Finance
3 Corporation or designee; and
4 (f) The chair of the Florida First Capital Finance
5 corporation or designee.
6 (2) Notwithstanding the provisions of subsection (1),
7 the board of directors may by resolution appoint to the board
8 up to ten at-large members from the private sector, each of
9 whom shall serve a 2-year term. Minority and gender
10 representation shall be considered when making at-large
11 appointments to the board. At-large members shall have the
12 powers and duties of other members of the board. An at-large
13 member is eligible for reappointment, but may not vote on his
14 or her own reappointment.
15 (3) The board shall ensure that its composition is
16 reflective of the diversity of Florida's business community,
17 and to the greatest degree possible shall include, but not be
18 limited to, individuals representing small and medium-sized
19 businesses, minority businesses, universities and other
20 institutions of higher education, and international and
21 domestic economic development organizations. A majority of
22 at-large members of the board shall have significant
23 experience in international business, with expertise in the
24 areas of trade, transportation, finance, law, or
25 manufacturing.
26 (4) Members of the board of directors shall serve
27 without compensation, but members, the president, and staff
28 may be reimbursed for all reasonable, necessary, and actual
29 expenses, as determined by the board of directors.
30 (5) A majority of currently serving members of the
31 board shall constitute a quorum for purposes of all business
60
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 of the board.
2 Section 33. Section 288.9533, Florida Statutes, is
3 created to read:
4 288.9533 Powers and Duties of the Board of
5 Directors.--The board shall:
6 (1) Prior to the expenditure of funds from the Florida
7 Business Expansion account, adopt bylaws and internal
8 procedures which are necessary to carry out the
9 responsibilities of the corporation. The articles and bylaws
10 of the corporation shall be reviewed and approved by the
11 Office of Tourism, Trade, and Economic Development prior to
12 final adoption by the board;
13 (2) Hold regularly scheduled meetings, at least
14 quarterly, in order to carry out the objectives and duties of
15 the board;
16 (3) Develop a streamlined application and review
17 process;
18 (4) Adopt rules and policies, including application
19 and award criteria, regarding eligibility of businesses to
20 receive assistance from the corporation. Such rules and
21 policies shall include, but not be limited to, the
22 requirements that the target businesses:
23 (a) Shall have substantial operations in Florida;
24 (b) Shall have products, business or technology in
25 existence at the time of application;
26 (c) Shall have proven management;
27 (d) Shall be in a stage of business which is favorable
28 to expansion of the business into international markets;
29 (e) Shall have products or technologies which have a
30 substantial potential for beneficial effect on business
31 expansion, business revenue or employment in Florida; and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 (f) Shall have products or technologies which are
2 potential technology or market leaders with substantial
3 commercial potential in international markets.
4 (g) Shall not have engaged in any cross-border
5 transactions prior to receipt of assistance from the
6 corporation. Assistance from the corporation shall only be
7 extended to targeted businesses when no conventional source of
8 assistance is available for the business from public or
9 private sources.
10 (5) Proposed awards of assistance shall be reviewed
11 and approved at meetings of the board. The board shall give
12 the highest priority to activities that offer the greatest
13 opportunity for economic development impact and cost recovery.
14 A business, including any affiliated corporations of such
15 business, that has received any contractual assistance from
16 the private sector entity selected pursuant to s. 288.9534, is
17 not eligible to receive assistance from the corporation.
18 Section 34. Chapter 288.9534, Florida Statutes, is
19 created to read:
20 288.9534 Management of the Corporation.--
21 (1) The activities of the corporation shall be
22 administered under a contract with a private sector entity
23 selected by the board no later than September 1, 1998. Such
24 company shall have responsibility for performance of all
25 statutory duties of the corporation, under the control and
26 supervision of the board. Potential management companies
27 shall:
28 (a) Have existing operations in Florida, and provide
29 Florida-resident personnel to perform services under the
30 contract;
31 (b) Have an established record of success in the
62
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 creation of cross-border transactions, and at least ten years
2 of operational experience in such business;
3 (c) Have staff with substantial financial and
4 international affairs experience;
5 (d) Have international offices;
6 (e) Commit to a cash match expenditure of ten percent
7 of the amount of the state contract issued pursuant to this
8 section, with such cash to be provided from the capital of the
9 contractor and expended directly in the pursuit of the
10 statutory purposes of the corporation; and
11 (f) Have substantial experience in as many of the
12 following areas as possible:
13 1. Arrangement of cross-border transactions;
14 2. Development and implementation of market entry
15 strategies for business expansion;
16 3. Preparation of market analyses and strategic plans;
17 and
18 4. Work with foreign and domestic financial
19 institutions, highly regulated industries and foreign
20 governments.
21 (2) The company selected pursuant to this subsection
22 shall provide personnel to serve as officers of the
23 corporation who shall perform on behalf of the corporation all
24 of the customary functions of the offices they occupy.
25 (3) The board shall provide by contract for division
26 with the management company of total compensation derived from
27 the operations of the corporation. Such division shall be made
28 quarterly, and shall involve the total compensation of the
29 corporation which are in excess of the expenses of the
30 corporation for that quarter.
31 (4) Prior to securing management services for the
63
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 corporation, staffing of the corporation shall be provided by
2 the Office of Tourism, Trade, and Economic Development, which
3 shall provide to the board by August 7, 1998, a list of
4 candidates qualified and desiring to perform the duties of the
5 management company specified in this section. The Office of
6 Tourism, Trade, and Economic Development shall also have
7 responsibility for the establishment of performance measures
8 and requirements which provide for the performance of the
9 statutory duties of the corporation, as well as the following:
10 (a) Specific outcomes from the performance of the
11 management company, as well as timetables for the
12 accomplishment of such outcomes;
13 (b) Requirements relating to the handling of state
14 funds and providing for third party audit and financial review
15 of the operations of the corporation;
16 (c) Reversion to the state of all assets of the
17 corporation in the event of cessation of operations of the
18 corporation; and
19 (d) Termination of the management company in the event
20 of its failure to perform the duties or deliver the outcomes
21 provided in the management contract.
22 Section 35. Section 288.9535, Florida Statutes, is
23 created to read:
24 288.9535 Florida Business Expansion Account.--
25 (1) The board shall create the Florida Business
26 Expansion account for the purpose of receiving state, federal,
27 and private financial resources, and the return from
28 employment of those resources, and for the purposes of the
29 corporation. The account shall be under the exclusive control
30 of the board.
31 (2) Resources in the account shall be allocated for
64
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 operating expenses of the corporation and for other
2 statutorily authorized purposes, including costs of research,
3 provision of business assistance to targeted businesses, and
4 other costs.
5 (3) Appropriations for the corporation shall be
6 deposited into the account.
7 (4) The board may establish the account and any
8 sub-accounts necessary and convenient for the operation of the
9 corporation with state or federally chartered financial
10 institutions in this state and may invest the assets of the
11 account in permissible securities.
12 (5) At all times, the board shall attempt to maximize
13 the returns on funds in the account.
14 (6) All revenues received from the operations of the
15 corporation shall be redeposited in the account to be used to
16 promote the statutory purposes of the corporation.
17 (7) Under no circumstances shall the credit of the
18 state be pledged by or on behalf of the corporation, nor shall
19 the state be liable or obligated in any way for claims on the
20 account or against the corporation.
21 (8) Pursuant to s. 216.351, the amount of any moneys
22 appropriated to the account which are unused at the end of the
23 fiscal year shall not be subject to reversion under s.
24 216.301. All moneys in the account are continuously
25 appropriated to the account and may be used for the purposes
26 specified in this section. The Office of Tourism, Trade, and
27 Economic Development shall ensure that all funds in the
28 account shall revert to the state in the event that the
29 corporation is dissolved, ceases operations, or upon the
30 evaluation of the board that such services cannot be provided
31 on a cost-recovery basis. Such a determination shall be made
65
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 only after an initial period of program setup and market
2 research of at least one year.
3 Section 36. Section 288.9536, Florida Statutes, is
4 created to read:
5 288.9536 Reporting and Review.--
6 (1) By September 1, 1999, the corporation in
7 cooperation with the Office of Program Policy Analysis and
8 Government Accountability shall develop a research design,
9 including goals and measurable objectives for the corporation,
10 which will provide the Legislature with a quantitative
11 evaluation of the corporation. The corporation shall utilize
12 the monitoring mechanisms and reports developed in the designs
13 and provide these reports to the Governor, the President of
14 the Senate, the Speaker of the House of Representatives, and
15 the Office of Program Policy Analysis and Government
16 Accountability.
17 (2) On January 31, 2000, and on January 31 of each
18 succeeding year, the corporation shall prepare a report on the
19 financial status of the corporation and the account and shall
20 submit a copy of the report to the Governor, the President of
21 the Senate, the Speaker of the House of Representatives, and
22 the President of Enterprise Florida, Inc. The report shall
23 specify the assets and liabilities of the account within the
24 current fiscal year and shall include a list of the businesses
25 assisted, the benefits obtained by each business assisted,
26 including, but not limited to, increased revenues, cost
27 reductions, sales or investment which have been realized by
28 such businesses.
29 (3) Prior to the 2001 regular session of the
30 Legislature, the Office of Program Policy Analysis and
31 Government Accountability shall perform a review and
66
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 evaluation of the corporation using the research design
2 promulgated pursuant to this section. The report shall review
3 and comment on the operations and accomplishments of the
4 corporation. A report of the findings and recommendations of
5 the Office of Program Policy Analysis and Government
6 Accountability shall be submitted to the President of the
7 Senate and the Speaker of the House of Representatives prior
8 to the 2001 regular session.
9 Section 37. Section 118.10, Florida Statutes, is
10 amended to read:
11 118.10 Civil Law Notary Florida international
12 notary.--
13 (1) As used in this section, the term:
14 (a) "Authentic act Authentication instrument" means an
15 instrument executed by a civil law Florida international
16 notary referencing this section, which includes the
17 particulars and capacities to act of transacting parties, a
18 confirmation of the full text of the instrument, the
19 signatures of the parties or legal equivalent thereof, and the
20 signature and seal of a civil law Florida international notary
21 as prescribed by the Florida Secretary of State for use in a
22 jurisdiction outside the borders of the United States.
23 (b) "Civil law notary" "Florida international notary"
24 means a person who is a member in good standing of The Florida
25 Bar admitted to the practice of law in this state, who has
26 practiced law for at least 5 years, and who is appointed by
27 the Secretary of State as a civil law Florida international
28 notary.
29 (c) "Protocol" means a registry maintained by a civil
30 law Florida international notary in which the acts of the
31 civil law Florida international notary are archived.
67
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 (2) The Secretary of State shall have the power to
2 appoint civil law Florida international notaries and
3 administer this section.
4 (3) A civil law Florida international notary is
5 authorized to issue authentic acts and may administer an oath
6 and make a certificate thereof whenever it is necessary for
7 execution of any writing or document to be attested,
8 protested, or published under the seal of a notary public. A
9 civil law notary may also take acknowledgments of deeds and
10 other instruments of writing for record, and solemnize the
11 rites of matrimony, as fully as other officers of this state
12 authentication instruments for use in non-United States
13 jurisdictions. A civil law Florida international notary is not
14 authorized to issue authentic acts authentication instruments
15 for use in a non-United States jurisdiction if the United
16 States Department of State has determined that the
17 jurisdiction does not have diplomatic relations with the
18 United States or is a terrorist country, or if trade with the
19 jurisdiction is prohibited under the Trading With the Enemy
20 Act of 1917, as amended, 50 U.S.C. ss. 1, et seq.
21 (4) The authentication instruments of a Florida
22 international notary shall not be considered authentication
23 instruments within the borders of the United States and shall
24 have no consequences or effects as authentication instruments
25 in the United States.
26 (4)(5) The authentic acts, oaths and acknowledgments,
27 and solemnizations, authentication instruments of a civil law
28 Florida international notary shall be recorded in the civil
29 law Florida international notary's protocol in a manner
30 prescribed by the Secretary of State.
31 (5)(6) The Secretary of State may adopt rules
68
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 prescribing:
2 (a) The form and content of signatures and seals or
3 their legal equivalents for authentic acts, and the
4 circumstances under which authentic acts may be issued
5 authentication instruments;
6 (b) Procedures for the permanent archiving of
7 authentic acts, maintaining records of acknowledgments, oaths
8 and solemnizations, procedures and requirement for marriage,
9 and procedures for the administration of oaths and taking of
10 acknowledgments authentication instruments;
11 (c) The charging of reasonable fees to be retained by
12 the Secretary of State for the purpose of administering this
13 section;
14 (d) Educational requirements and procedures for
15 testing applicants' knowledge of the requirements, procedures,
16 and effects and consequences associated with authentic acts,
17 oaths, acknowledgments, and solemnizations of matrimony
18 authentication instruments in jurisdictions outside the United
19 States;
20 (e) Procedures for the disciplining of civil law
21 Florida international notaries, including the suspension and
22 revocation of appointments for misrepresentation or fraud
23 regarding the civil law Florida international notary's
24 authority, the effect of the civil law Florida international
25 notary's authentic acts authentication instruments, or the
26 identities or acts of the parties to a transaction; and
27 (f) Other matters necessary for administering this
28 section.
29 (6)(7) The Secretary of State shall not regulate,
30 discipline or attempt to discipline, or establish any
31 educational requirements for any civil law Florida
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 international notary for, or with regard to, any action or
2 conduct that would constitute the practice of law in this
3 state, except by agreement with The Florida Bar. The
4 Secretary of State shall not establish as a prerequisite to
5 the appointment of a civil law Florida international notary
6 any test containing any question that inquires of the
7 applicant's knowledge regarding the practice of law in the
8 United States, except by agreement with The Florida Bar.
9 (7) The powers of civil law notaries shall include but
10 not be limited to all of the powers of a notary public under
11 any law of this state.
12 (8) This section shall not be construed as abrogating
13 the provisions of any other act relating to notaries public,
14 attorneys, or the practice of law in this state.
15 Section 38. Subsection (7) of section 163.3178,
16 Florida Statutes, is amended to read:
17 163.3178 Coastal management.--
18 (7) Each port listed in s. 311.09(1), and each local
19 government in the coastal area which has spoil disposal
20 responsibilities shall provide for or identify disposal sites
21 for dredged materials in the future land use and port elements
22 of the local comprehensive plan as needed to assure proper
23 long-term management of material dredged from navigation
24 channels, sufficient long-range disposal capacity,
25 environmental sensitivity and compatibility, and reasonable
26 cost and transportation. The disposal site selection criteria
27 shall be developed in consultation with navigation and inlet
28 districts and other appropriate state and federal agencies and
29 the public. For areas owned or controlled by ports listed in
30 s. 311.09(1), and proposed port expansion areas, compliance
31 with the provisions of this subsection shall be achieved
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 through comprehensive master plans prepared by each port and
2 integrated with the appropriate local plan pursuant to s.
3 163.3178(2)(k).
4 Section 39. Paragraph (g) is added to subsection (1)
5 and paragraph (d) is added to subsection (6) of section
6 163.3187, Florida Statutes, to read:
7 163.3187 Amendment of adopted comprehensive plan.--
8 (1) Amendments to comprehensive plans adopted pursuant
9 to this part may be made not more than two times during any
10 calendar year, except:
11 (g) Any comprehensive plan amendments for port
12 transportation facilities and projects which are eligible for
13 funding by the Florida Seaport Transportation and Economic
14 Development Council pursuant to the provisions of s. 311.07.
15 (6) No local government may amend its comprehensive
16 plan after the date established by rule for submittal of its
17 evaluation and appraisal report unless it has submitted its
18 report or addendum to the state land planning agency as
19 prescribed by s. 163.3191, except for:
20 (d) Plan amendments for port transportation facilities
21 and projects which are eligible for funding by the Florida
22 Seaport Transportation and Economic Development Council
23 pursuant to the provisions of s. 311.07.
24
25 When the agency has determined that the report or addendum has
26 sufficiently addressed all pertinent provisions of s.
27 163.3191, the local government may proceed with plan
28 amendments in addition to those necessary to implement
29 recommendations in the report or addendum.
30 Section 40. Paragraph (j) of subsection (5) of section
31 212.08, Florida Statutes, is amended to read:
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 212.08 Sales, rental, use, consumption, distribution,
2 and storage tax; specified exemptions.--The sale at retail,
3 the rental, the use, the consumption, the distribution, and
4 the storage to be used or consumed in this state of the
5 following are hereby specifically exempt from the tax imposed
6 by this chapter.
7 (5) EXEMPTIONS; ACCOUNT OF USE.--
8 (j) Machinery and equipment used in silicon technology
9 production and research and development.--
10 1. Industrial machinery and equipment purchased for
11 use in silicon technology facilities certified under
12 subparagraph 5. to manufacture, process, compound, or produce
13 silicon technology products for sale or for use by these
14 facilities are exempt from the tax imposed by this chapter.
15 2. Machinery and equipment are exempt from the tax
16 imposed by this chapter if purchased for use predominately in
17 silicon wafer research and development activities in a silicon
18 technology research and development facility certified under
19 subparagraph 5.
20 3. In addition to meeting The exemptions authorized in
21 subparagraphs 1. and 2. accrue to the taxpayer through a
22 refund of previously paid taxes. A refund may not be made
23 unless the criteria mandated by subparagraph 1. or
24 subparagraph 2., a have been met and the business must be has
25 been certified by the Office of Tourism, Trade, and Economic
26 Development as authorized in this paragraph in order to
27 qualify for exemption under this paragraph.
28 4. For items purchased tax exempt pursuant to this
29 paragraph, possession of a written certification from the
30 purchaser, certifying the purchaser's entitlement to exemption
31 pursuant to this paragraph, relieves the seller of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 responsibility of collecting the tax on the sale of such
2 items, and the department shall look solely to the purchaser
3 for recovery of tax if it determines that the purchaser was
4 not entitled to the exemption.
5 5.4.a. To be eligible to receive the exemption
6 provided by subparagraph 1. or subparagraph 2., a qualifying
7 business entity shall apply to Enterprise Florida, Inc. The
8 application shall be developed by the Office of Tourism,
9 Trade, and Economic Development in consultation with
10 Enterprise Florida, Inc.
11 b. Enterprise Florida, Inc., shall review each
12 submitted application and information and determine whether or
13 not the application is complete within 5 working days. Once an
14 application is complete, Enterprise Florida, Inc., shall,
15 within 10 working days, evaluate the application and recommend
16 approval or disapproval of the application to the Office of
17 Tourism, Trade, and Economic Development.
18 c. Upon receipt of the application and recommendation
19 from Enterprise Florida, Inc., the Office of Tourism, Trade,
20 and Economic Development shall certify within 5 working days
21 those applicants who are found to meet the requirements of
22 this section and notify the applicant, Enterprise Florida,
23 Inc., and the department of the certification. If the Office
24 of Tourism, Trade, and Economic Development finds that the
25 applicant does not meet the requirements of this section, it
26 shall notify the applicant and Enterprise Florida, Inc.,
27 within 10 working days that the application for certification
28 has been denied and the reasons for denial. The Office of
29 Tourism, Trade, and Economic Development has final approval
30 authority for certification under this section.
31 6.5.a. A business certified to receive this exemption
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 may apply once each year for the exemption refund of all
2 eligible taxes paid during the previous calendar year. The
3 refund shall be subject to a specific annual appropriation
4 from the Legislature to the Office of Tourism, Trade, and
5 Economic Development for the payment of such refunds.
6 b. The first claim submitted by a business may include
7 all eligible expenditures made after the date the business was
8 certified.
9 c. To apply for the annual exemption refund, the
10 business shall submit a refund claim to the Office of Tourism,
11 Trade, and Economic Development, which claim indicates and
12 documents the sales and use taxes otherwise payable paid on
13 eligible machinery and equipment. The claim must shall also
14 indicate, for program evaluation purposes only, the average
15 number of full-time equivalent employees at the facility over
16 the preceding calendar year, the average wage and benefits
17 paid to those employees over the preceding calendar year, and
18 the total investment made in real and tangible personal
19 property over the preceding calendar year or, for the first
20 claim submitted, since the date of certification. The
21 department shall assist the Office of Tourism, Trade, and
22 Economic Development in evaluating and verifying information
23 provided in the application for exemption an annual refund.
24 d. An application for refund must be submitted to the
25 Office of Tourism, Trade, and Economic Development by February
26 15 of each year. In the event that the Legislature does not
27 appropriate an amount sufficient to satisfy all refund
28 applications received by the Office of Tourism, Trade, and
29 Economic Development, the office shall, not later than April
30 15 of each year, determine the proportion of each refund claim
31 which shall be paid by dividing the amount appropriated for
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 tax refunds for the fiscal year by the total of refund claims
2 received. The amount of each claim for a tax refund shall be
3 multiplied by the resulting quotient. If, after the payment of
4 all such refund claims, there are appropriated funds
5 remaining, the office shall recalculate the proportion for
6 each refund claim and adjust the amount of each claim
7 accordingly.
8 d.e. The Office of Tourism, Trade, and Economic
9 Development may use the information reported on the claims for
10 evaluation purposes only and shall prepare an annual report on
11 the exemption program and its cost and impact. The annual
12 report for the preceding fiscal year shall be submitted to the
13 Governor, the President of the Senate, and the Speaker of the
14 House of Representatives by September 30 of each fiscal year.
15 This report may be submitted in conjunction with the annual
16 report required in s. 288.095(3)(c).
17 7.6. A business certified to receive this exemption
18 may elect to designate one or more state universities or
19 community colleges as recipients of up to 100 percent of the
20 amount of the exemption refund for which they may qualify. To
21 receive these funds the tax refund or portion of the tax
22 refund, the institution must agree to match the these funds so
23 earned with equivalent cash, programs, services, or other
24 in-kind support on a one-to-one basis in the pursuit of
25 research and development projects as requested by the
26 certified business. The rights to any patents, royalties, or
27 real or intellectual property must be vested in the business
28 unless otherwise agreed to by the business and the university
29 or community college.
30 8.7. As used in this paragraph, the term:
31 a. "Predominately" means at least 50 percent of the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 time in qualifying research and development.
2 b. "Research and development" means basic and applied
3 research in the science or engineering, as well as the design,
4 development, and testing of prototypes or processes of new or
5 improved products. Research and development does not include
6 market research, routine consumer product testing, sales
7 research, research in the social sciences or psychology,
8 nontechnological activities, or technical services.
9 c. "Silicon technology products" means raw silicon
10 wafers that are transformed into semiconductor memory or logic
11 wafers, including wafers containing mixed memory and logic
12 circuits; related assembly and test operations; active-matrix
13 flat panel displays; semiconductor chips; and related silicon
14 technology products as determined by the Office of Tourism,
15 Trade, and Economic Development.
16 Section 41. Paragraph (b) of subsection (3) of section
17 288.095, Florida Statutes, is amended to read:
18 288.095 Economic Development Trust Fund.--
19 (3)
20 (b)1. The total amount of tax refunds approved by the
21 Office of Tourism, Trade, and Economic Development pursuant to
22 ss. 288.1045, 288.106, and 288.107 shall not exceed the amount
23 appropriated to the Economic Development Incentives Account
24 for such purposes for the fiscal year. In the event the
25 Legislature does not appropriate an amount sufficient to
26 satisfy projections by the office for tax refunds under ss.
27 288.1045, 288.106, and 288.107 in a fiscal year, the Office of
28 Tourism, Trade, and Economic Development shall, not later than
29 July 15 of such year, determine the proportion of each refund
30 claim which shall be paid by dividing the amount appropriated
31 for tax refunds for the fiscal year by the projected total of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 refund claims for the fiscal year. The amount of each claim
2 for a tax refund shall be multiplied by the resulting
3 quotient. If, after the payment of all such refund claims,
4 funds remain in the Economic Development Incentives Account
5 for tax refunds, the office shall recalculate the proportion
6 for each refund claim and adjust the amount of each claim
7 accordingly.
8 2. The Office of Tourism, Trade, and Economic
9 Development or any agents of the office shall not enter into
10 any contract, agreement, legal consideration, or obligation
11 that encumbers or obligates the Legislature to appropriate in
12 any fiscal year an amount in excess of the amount appropriated
13 for tax refunds under ss. 288.1045, 288.106, and 288.107 in
14 the current fiscal year.
15 Section 42. Subsection (3) is added to section
16 288.8155, Florida Statutes, to read:
17 288.8155 International Trade Data Resource and
18 Research Center.--Enterprise Florida, Inc., and the Florida
19 Seaport Transportation and Economic Development Council may
20 establish a comprehensive trade data resource and research
21 center to be known as the "International Trade Data Resource
22 and Research Center." The center may join with other public
23 sector or private sector entities, domestic or foreign, to
24 accomplish its purposes.
25 (3) The center may create an Internet-based system to
26 form an information partnership between this state and its
27 strategic trading partners in the Western Hemisphere. Prior
28 to creating the system, the center shall prepare a
29 comprehensive plan for the development and operation of the
30 system that includes a cost analysis, performance measures,
31 and objective outcomes for the system. The plan shall be
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 approved by the board and copies of the plan shall be
2 delivered to the Legislature and the Office of Tourism, Trade,
3 and Economic Development prior to the release of any funds for
4 the system.
5 Section 43. Section 288.90151, Florida Statutes, is
6 amended to read:
7 288.90151 Funding for contracting with Enterprise
8 Florida, Inc.--
9 (1)(a) From funds appropriated from the General
10 Revenue Fund to the Office of Tourism, Trade, and Economic
11 Development for the purpose of annually contracting with
12 Enterprise Florida, Inc., 10 percent of such funds for the
13 fiscal year 1996-1997, 20 percent of such funds for the fiscal
14 year 1997-1998, 30 percent of such funds for the fiscal year
15 1998-1999, 40 percent of such funds for the fiscal year
16 1999-2000, and 50 percent of such funds for the fiscal year
17 2000-2001 shall be placed in reserve by the Executive Office
18 of the Governor. The funds may be released through a budget
19 amendment, in accordance with chapter 216, as requested by
20 Enterprise Florida, Inc., through the Office of Tourism,
21 Trade, and Economic Development if Enterprise Florida, Inc.,
22 has provided sufficient documentation that the same amount of
23 matching private funds as the amount placed in reserve has
24 been contributed during the same fiscal year to Enterprise
25 Florida, Inc., in support of its economic development efforts.
26 If sufficient documentation is not provided by the end of the
27 fiscal year, such funds shall revert back to the General
28 Revenue Fund.
29 (b) In fiscal years 1999-2000 and 2000-2001, 50
30 percent of the funds placed in reserve may be released by the
31 same budget amendment process if Enterprise Florida, Inc., has
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 provided sufficient documentation that the amount of matching
2 private funds contributed during the same fiscal year to
3 Enterprise Florida, Inc., is equal to 75 percent of the funds
4 placed in reserve. The remaining funds in reserve may be
5 released by the same budget amendment process if Enterprise
6 Florida, Inc., meets the requirements of paragraph (a).
7
8 In each fiscal year, at least 55 percent of the matching
9 private funds required to be documented under this subsection
10 must be comprised of the first category of matching private
11 funds described in subsection (3).
12 (2) Prior to the 1999 Regular Session of the
13 Legislature, the Office of Program Policy Analysis and
14 Government Accountability shall conduct a review of the
15 contributions made to Enterprise Florida, Inc., during the
16 prior 3 years pursuant to this section. The review must be
17 conducted in such a manner as to determine the amount and type
18 of matching private funds contributed and the circumstances
19 affecting the ability to achieve or not achieve the specified
20 amount of matching private funds for each year. Based on this
21 information and historical data, the Office of Program Policy
22 Analysis and Governmental Accountability shall determine
23 whether the funding levels of matching private funds for
24 fiscal year 1999-2000, and fiscal year 2000-2001, as specified
25 in this section, are appropriate. This report shall be
26 submitted by January 1, 1999, to the President of the Senate,
27 the Speaker of the House of Representatives, the Senate
28 Minority Leader, and the House Minority Leader.
29 (3) For the purposes of this section, matching private
30 funds shall be divided into two categories. The first category
31 of matching private funds shall include any payment of cash
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 made in response to a solicitation by Enterprise Florida,
2 Inc., and used exclusively by Enterprise Florida, Inc., in its
3 operations or programs, excluding any payment of cash made by
4 any entity to qualify for any Enterprise Florida, Inc., state,
5 or local incentive, grant, or loan program, or any cash
6 received by Enterprise Florida, Inc., pursuant to a grant or
7 contract. The second category of matching private funds shall
8 include a conveyance of property, or payment or distribution
9 of property or anything of value, including contributions
10 in-kind having an attributable monetary value in any form, and
11 including any payment of cash not counted within the first
12 category of matching private funds. Contributions in-kind
13 include, but are not limited to, goods or services rendered.
14 The cost of the contribution shall be the reasonable cost to
15 the sponsor of the goods or services.
16 Section 44. Subsection (7) is added to section
17 288.905, Florida Statutes, to read:
18 288.905 Duties of the board of directors of Enterprise
19 Florida, Inc.--
20 (8) The board shall create a Minority Business
21 Advisory Council for the purpose of advising and assisting the
22 board and Enterprise Florida, Inc., in carrying out their
23 duties with respect to minority business development.
24 (a) The council shall be composed of a minimum of 20
25 members, a majority of whom shall be representatives from the
26 private sector, including a representative from the Office of
27 Tourism, Trade, and Economic Development, a representative
28 from the Minority Business Advocacy and Assistance Office, and
29 a representative from the Florida Black Business Investment
30 Board. The Council shall advise the board, the Governor, and
31 the Legislature on matters relating to minority business
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 development.
2 (b) On or before December 31 of each year, the council
3 shall present an annual report to the board that sets forth in
4 appropriate detail the business transacted by the council
5 during the year and any recommendations to the board,
6 including those to improve business opportunities for minority
7 business enterprises.
8 Section 45. Paragraph (a) of subsection (7) of section
9 288.9607, Florida Statutes, is amended to read:
10 288.9607 Guaranty of bond issues.--
11 (7)(a) The corporation is authorized to enter into an
12 investment agreement with the Department of Transportation and
13 the State Board of Administration concerning the investment of
14 the earnings accrued and collected upon the investment of the
15 minimum balance of funds required to be maintained in the
16 State Transportation Trust Fund pursuant to s. 339.135(7)(b).
17 Such investment shall be limited as follows:
18 1. Not more than $4 million of the investment earnings
19 earned on the investment of the minimum balance of the State
20 Transportation Trust Fund in a fiscal year shall be at risk at
21 any time on one or more bonds or series of bonds issued by the
22 corporation.
23 2. The investment earnings shall not be used to
24 guarantee any bonds issued after June 30, 2002 1998, and in no
25 event shall the investment earnings be used to guarantee any
26 bond issued for a maturity longer than 15 years.
27 3. The corporation shall pay a reasonable fee, set by
28 the State Board of Administration, in return for the
29 investment of such funds. The fee shall not be less than the
30 comparable rate for similar investments in terms of size and
31 risk.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 4. The proceeds of bonds, or portions thereof, issued
2 by the corporation for which a guaranty has been or will be
3 issued pursuant to s. 288.9606, s. 288.9608, or this section
4 used to make loans to any one person, including any related
5 interests, as defined in s. 658.48, of such person, shall not
6 exceed 20 percent of the principal of all such outstanding
7 bonds of the corporation issued prior to the first composite
8 bond issue of the corporation, or December 31, 1995, whichever
9 comes first, and shall not exceed 15 percent of the principal
10 of all such outstanding bonds of the corporation issued
11 thereafter, in each case determined as of the date of issuance
12 of the bonds for which such determination is being made and
13 taking into account the principal amount of such bonds to be
14 issued. The provisions of this subparagraph shall not apply
15 when the total amount of all such outstanding bonds issued by
16 the corporation is less than $10 million. For the purpose of
17 calculating the limits imposed by the provisions of this
18 subparagraph, the first $10 million of bonds issued by the
19 corporation shall be taken into account.
20 5. The corporation shall establish a debt service
21 reserve account which contains not less than 6 months' debt
22 service reserves from the proceeds of the sale of any bonds,
23 or portions thereof, guaranteed by the corporation.
24 6. The corporation shall establish an account known as
25 the Revenue Bond Guaranty Reserve Account, the Guaranty Fund.
26 The corporation shall deposit a sum of money or other cash
27 equivalents into this fund and maintain a balance of money or
28 cash equivalents in this fund, from sources other than the
29 investment of earnings accrued and collected upon the
30 investment of the minimum balance of funds required to be
31 maintained in the State Transportation Trust Fund, not less
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 than a sum equal to 1 year of maximum debt service on all
2 outstanding bonds, or portions thereof, of the corporation for
3 which a guaranty has been issued pursuant to ss. 288.9606,
4 288.9607, and 288.9608. In the event the corporation fails to
5 maintain the balance required pursuant to this subparagraph
6 for any reason other than a default on a bond issue of the
7 corporation guaranteed pursuant to this section or because of
8 the use by the corporation of any such funds to pay insurance,
9 maintenance, or other costs which may be required for the
10 preservation of any project or other collateral security for
11 any bond issued by the corporation, or to otherwise protect
12 the Revenue Bond Guaranty Reserve Account from loss while the
13 applicant is in default on amortization payments, or to
14 minimize losses to the reserve account in each case in such
15 manner as may be deemed necessary or advisable by the
16 corporation, the corporation shall immediately notify the
17 Department of Transportation of such deficiency. Any
18 supplemental funding authorized by an investment agreement
19 entered into with the Department of Transportation and the
20 State Board of Administration concerning the use of investment
21 earnings of the minimum balance of funds is void unless such
22 deficiency of funds is cured by the corporation within 90 days
23 after the corporation has notified the Department of
24 Transportation of such deficiency.
25
26 The corporation shall include, as part of the annual report
27 prepared pursuant to s. 288.9610, a detailed report concerning
28 the use of guaranteed bond proceeds for loans guaranteed or
29 issued pursuant to any agreement with the Florida Black
30 Business Investment Board, including the percentage of such
31 loans guaranteed or issued and the total volume of such loans
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 guaranteed or issued.
2 Section 46. Section 288.9614, Florida Statutes, is
3 amended to read:
4 288.9614 Authorized programs.--
5 (1) The capital development board may take any action
6 that it deems necessary to achieve the purposes of this act in
7 partnership with private enterprises, public agencies, and
8 other organizations, including, but not limited to, efforts to
9 address the long-term debt needs of small-sized and
10 medium-sized firms, to address the needs of microenterprises,
11 to expand availability of venture capital, and to increase
12 international trade and export finance opportunities for firms
13 critical to achieving the purposes of this act.
14 (2) The capital development board or Enterprise
15 Florida, Inc., shall not expend any state appropriated funds
16 on any venture capital fund created by Enterprise Florida,
17 Inc., and its affiliates or any other entity that does not
18 solely invest in businesses located in this state.
19 Section 47. Section 14.2016, Florida Statutes, is
20 created to read:
21 14.2016 International Trade Advocate.--
22 (1) The function of International Trade Advocate is
23 created within the Executive Office of the Governor. In
24 matters relating to international trade and investment policy,
25 the advocate shall serve as the Governor's principal advisor
26 and liaison with the governments of Florida's trading partners
27 and with international trade organizations. The advocate's
28 primary office shall be located in South Florida.
29 (2) The purpose of the advocate is to increase
30 Florida's participation in the international economy by
31 promoting Florida's interests in international trade policy
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 negotiations, coordinating the formulation of Florida trade
2 policy positions, assisting in the removal of barriers to
3 international trade faced by Florida businesses and
4 communities, developing relationships and contacts throughout
5 the world, and through other means. The advocate shall have
6 the power to:
7 (a) Establish and coordinate state trade advocacy
8 endeavors that foster beneficial relationships between Florida
9 and its trading partners.
10 (b) Respond to inquiries by foreign governments and
11 institutions seeking cooperative activities within Florida.
12 (c) In cooperation with Enterprise Florida, Inc.,
13 coordinate state and local efforts to enhance trade
14 relationships between Florida and its trading partners.
15 (d) Serve as liaison for the state on federal trade
16 negotiations that impact Florida.
17 (e) Secure funding for programs and activities from
18 federal, state, local, and private sources and solicit,
19 receive, hold, invest, and administer any grant payment, or
20 gift of funds or property and make expenditures consistent
21 with the purpose of this section.
22 (f) Make and enter into contracts and other
23 instruments with any entity, foreign or domestic, necessary or
24 convenient for the exercise of its powers and functions.
25 (g) Use the state seal, notwithstanding the provisions
26 of s. 15.03, when appropriate, to establish that the advocate
27 is the principal trade liaison with the governments of
28 Florida's trading partners and with international trade
29 organizations.
30 (3) By December 1, 1998, the advocate, with the
31 assistance of Enterprise Florida, Inc., the Florida Ports
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 Council, and the Office of Tourism, Trade and Economic
2 Development center shall develop a plan for the operation of
3 an office that includes, but is not limited to, an operating
4 budget; specific performance standards and measurable
5 outcomes, and identification of programs and policies that
6 enhance the state's ability to develop relationships and
7 contacts throughout the world. Copies of this plan shall be
8 provided to the Governor, the President of the Senate and the
9 Speaker of the House of Representatives.
10 (4) The Governor shall select an individual to serve
11 as the International Trade Advocate from a list of at least
12 three candidates submitted by the President of the Enterprise
13 Florida International Trade and Economic Development Board and
14 the President of the Florida Ports Council. The advocate
15 shall be experienced in international affairs and culture,
16 fluent in at least Spanish and English languages, and have any
17 other qualifications deemed necessary to enhance Florida's
18 trade relations with foreign governments. The advocate shall
19 be the chief spokesperson for the Governor regarding trade
20 relations with Florida's trading partners. At the option of
21 the advocate, the advocate may be exempt from the Career
22 Service System provided in chapter 110 and, notwitstanding the
23 provisions of. 110.205(5), may not be included in either the
24 Senior Management Service or the Selected Exempt Service. The
25 Office of Tourism, Trade and Economic Development shall
26 contract with the advocate and provide him or her with
27 adequate and reasonable compensation for his or her services,
28 including per diem and travel expenses pursuant to s. 112.061,
29 while in the performance of his or her duties. The Governor
30 may delegate to the advocate those powers and responsibilities
31 consistent with the purposes of this section. The Office of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 Tourism, Trade and Economic Development and the Florida Trade
2 Data Center shall provide such administrative and staff
3 assistance to the advocate as deemed necessary.
4 Section 48. Subsection (4) of section 253.77, Florida
5 Statutes, is created to read:
6 253.77 State lands; state agency authorization for use
7 prohibited without consent of agency in which title vested;
8 concurrent processing requirements.--
9 (4) Notwithstanding any other provision of this
10 Chapter, Chapter 373 or chapter 403, Florida Statutes, for
11 activities authorized by a permit or exemption pursuant to
12 chapter 373 or 403, ports listed in subsection 403.021(9)(b),
13 and inland navigation districts created pursuant to subsection
14 374.975(3), shall not be required to pay any fees for
15 activities involving the use of sovereign lands, including
16 leases, easements or consents of use.
17 Section 49. Section 311.07, Florida Statutes, is
18 amended to read:
19 311.07 Florida seaport transportation and economic
20 development funding.--
21 (1) There is created the Florida Seaport
22 Transportation and Economic Development Program within the
23 Department of Transportation to finance port transportation or
24 port facilities and projects that will improve the movement
25 and intermodal transportation of cargo or passengers in
26 commerce and trade and that will support the interests,
27 purposes, and requirements of ports located in this state.
28 (2) A minimum of $8 million per year shall be made
29 available from the State Transportation Trust Fund to fund the
30 Florida Seaport Transportation and Economic Development
31 Program.
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 (3)(a) Program funds shall be used to fund approved
2 projects on a 50-50 matching basis with any of the deepwater
3 ports, as listed in s. 403.021(9)(b), which is governed by a
4 public body or any other deepwater port which is governed by a
5 public body and which complies with the water quality
6 provisions of s. 403.061, the comprehensive master plan
7 requirements of s. 163.3178(2)(k), the local financial
8 management and reporting provisions of part III of chapter
9 218, and the auditing provisions of s. 11.45(3)(a)4. Program
10 funds also may be used by the Seaport Transportation and
11 Economic Development Council to develop with the Florida Trade
12 Data Center such trade data information products which will
13 assist Florida's seaports and international trade.
14 (b) Projects eligible for funding by grants under the
15 program are limited to the following port transportation
16 facilities and or port transportation projects:
17 1. Transportation facilities within the jurisdiction
18 of the port.
19 2. The dredging or deepening of channels, turning
20 basins, or harbors.
21 3. The construction or rehabilitation of wharves,
22 docks, structures, jetties, piers, storage facilities, cruise
23 terminals, automated people mover systems, or any facilities
24 necessary or useful in connection with any of the foregoing.
25 4. The acquisition of container cranes or other
26 mechanized equipment used in the movement of cargo or
27 passengers in international commerce.
28 5. The acquisition of land to be used for port
29 purposes as described in, or consistent with, port master
30 plans.
31 6. The acquisition, improvement, enlargement, or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 extension of existing port facilities as described in, or
2 consistent with, port master plans.
3 7. Environmental protection projects which are
4 necessary because of requirements imposed by a state agency as
5 a condition of a permit or other form of state approval; which
6 are necessary for environmental mitigation required as a
7 condition of a state, federal, or local environmental permit;
8 which are necessary for the acquisition of spoil disposal
9 sites and improvements to existing and future spoil sites; or
10 which result from the funding of eligible projects listed
11 herein.
12 8. Transportation facilities as defined in s.
13 334.03(31) which are not otherwise part of the Department of
14 Transportation's adopted work program.
15 9. Seaport intermodal access projects identified in
16 the 5-year Florida Seaport Mission Plan as provided in s.
17 311.09(3).
18 (c) To be eligible for consideration by the council
19 pursuant to this section, a project must be consistent with
20 the port comprehensive master plan which is incorporated as
21 part of the approved local government comprehensive plan as
22 required by s. 163.3178(2)(k) or other provisions of the Local
23 Government Comprehensive Planning and Land Development
24 Regulation Act, part II of chapter 163.
25 (4) A port eligible for matching funds under the
26 program may receive a distribution of not more than $7 million
27 during any 1 calendar year and a distribution of not more than
28 $30 million during any 5-calendar-year period.
29 (5) Any port which receives funding under the program
30 shall institute procedures to ensure that jobs created as a
31 result of the state funding shall be subject to equal
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 opportunity hiring practices in the manner provided in s.
2 110.112.
3 (6) The Department of Transportation shall subject any
4 project that receives funds pursuant to this section to a
5 final audit. The department may adopt rules and perform such
6 other acts as are necessary or convenient to ensure that the
7 final audits are conducted and that any deficiency or
8 questioned costs noted by the audit are resolved.
9 Section 50. Subsection (9) of section 311.09, Florida
10 Statutes, is amended to read:
11 311.09 Florida Seaport Transportation and Economic
12 Development Council.--
13 (9) The council shall review the findings of the
14 Department of Community Affairs; the Office of Tourism, Trade,
15 and Economic Development; and the Department of
16 Transportation. Projects found to be inconsistent pursuant to
17 subsections (6), (7), and (8) and projects which have been
18 determined not to offer an economic benefit to the state
19 pursuant to subsection (8) shall not be included in the list
20 of projects to be funded. Projects found to be consistent
21 pursuant to subsection (6), (7), and (8) shall be presumed in
22 the public interest.
23 Section 51. Section 315.03, Florida Statutes, is
24 amended to read:
25 315.03 Grant of powers.--
26 (1) Each unit is hereby authorized and empowered:
27 (a)(1) To acquire, construct, lease, operate and
28 maintain any port facilities either within or without or
29 partly within and partly without the corporate limits of the
30 unit, or within or partly within the corporate limits of any
31 other unit on property owned or acquired by it; provided,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 however, that no unit shall acquire, construct, lease, operate
2 or maintain port facilities other than channels or turning
3 basins in any county of the state other than the county in
4 which such unit is located without securing the prior approval
5 or consent of the unit or units in which such port facilities
6 are proposed to be located, which approval or consent, if
7 given, shall be evidenced by a resolution or ordinance duly
8 adopted.
9 (b)(2) To acquire by purchase, grant, gift or lease or
10 by the exercise of the right of eminent domain and to hold and
11 dispose of any property, real or personal, tangible or
12 intangible, or any right or interest in any such property, for
13 or in connection with any port facilities, whether or not
14 subject to mortgage, liens, charges or other encumbrances.
15 (c)(3) To add to or extend, or cause or permit to be
16 added to or extended, any existing lands or islands now or
17 hereafter owned by a unit bordering on or being in any waters
18 by the pumping of sand or earth from any land under water or
19 by any other means of construction, as a part of or for the
20 purpose of providing any port facilities or for the purpose of
21 improving, creating or extending any property of the unit for
22 use of or disposal by the unit.
23 (d)(4) To construct, or cause or permit to be
24 constructed, an island or islands in any waters by the pumping
25 of sand or earth from any land under water or by any other
26 means of construction, as a part of or for the purpose of
27 providing any port facilities.
28 (e)(5) To construct any bridge, tunnel, road or
29 causeway, or any combination thereof, to, from or between any
30 port facilities.
31 (f)(6) To dredge or deepen harbors, channels and
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 turning basins, to cooperate with the United States or any
2 agency thereof in the dredging or deepening of any harbor,
3 channel or turning basin, to enter into contracts with the
4 United States or with any agency thereof concerning any such
5 dredging or deepening project, and to pay such amounts to the
6 United States or any agency thereof or to others as shall be
7 required by the terms of any such contract.
8 (g)(7) To fill in, extend and enlarge, or cause or
9 permit to be filled in, extended and enlarged, any existing
10 port facilities, to demolish and remove any and all structures
11 thereon or constituting a part thereof, and otherwise to
12 prepare the same for sale or lease to provide funds for
13 financing port facilities under the provisions of this law.
14 (h)(8) To acquire any existing port facilities and to
15 fill in, extend, enlarge or improve the same, or to cause or
16 permit the same to be extended, enlarged or improved, for any
17 public purpose or for sale or lease for the purpose of
18 providing funds for the acquisition by the unit of any port
19 facilities or for the payment of bonds, notes or other
20 obligations of the unit for or in connection with any port
21 facilities.
22 (i)(9) To sell at public or private sale or lease for
23 public or private purposes all or any portion of any port
24 facilities now or hereafter owned by the unit, including any
25 such facilities as extended, enlarged or improved, and all or
26 any portion of any property of the unit improved, created,
27 extended or enlarged under the authority of this law, on such
28 terms and subject to such conditions as the governing body
29 shall determine to be in the best interests of the unit.
30 (j)(10) To contract for the purchase by the unit of
31 any port facilities to be constructed, enlarged, extended or
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 improved by any public body, agency or instrumentality or by
2 any private person, firm or corporation, and to provide for
3 payment of the purchase price thereof in such manner as may be
4 deemed by the governing body to be in the best interests of
5 the unit, including, but without limitation, the sale or
6 exchange of any property of the unit therefor or the issuance
7 of bonds or other obligations of the unit.
8 (k)(11) To accept loans or grants of money or
9 materials or property at any time from the United States or
10 the State of Florida or any agency, instrumentality or
11 subdivision thereof, upon such terms and conditions as the
12 United States, the State of Florida, or such agency,
13 instrumentality or subdivision may impose.
14 (l)(12) To exercise jurisdiction, control and
15 supervision over any port facilities now or hereafter
16 acquired, owned or constructed by the unit.
17 (m)(13) To operate and maintain, and to fix and
18 collect rates, rentals, fees and other charges for any of the
19 services and facilities provided by the port facilities now or
20 hereafter acquired, owned or constructed by the unit excluding
21 state bar pilots.
22 (n)(14) To lease or rent, or contract with others for
23 the operation of all or any part of any port facilities now or
24 hereafter acquired, owned or constructed by the unit, on such
25 terms and for such period or periods and subject to such
26 conditions as the governing body shall determine to be in the
27 best interests of the units.
28 (o)(15) To contract debts for the acquisition or
29 construction of any port facilities or for any other purposes
30 of this law, to borrow money, to make advances, and to issue
31 bonds or other obligations to finance all or any part of such
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 acquisition or construction or in the carrying out of any
2 other purposes of this law.
3 (p)(16) To make advances to the United States or any
4 agency or instrumentality thereof in connection with any port
5 facilities, including the dredging or deepening of any harbor,
6 channel or turning basin to serve any port facilities.
7 (q)(17) To enter on any lands, waters or premises,
8 within or without the unit or within the corporate limits of
9 any other unit, for the purpose of making surveys, soundings
10 and examinations with relation to any existing or proposed
11 port facilities.
12 (r)(18) To contract with the United States or the
13 State of Florida or any agency or instrumentality thereof or
14 with any public body or political subdivision or with any
15 private person, firm or corporation with reference to any of
16 the powers hereby granted.
17 (s)(19) To perform any of the acts hereby authorized
18 through or by means of its own officers, agents or employees
19 or by contract.
20 (t)(20) To do all acts and things and to enter into
21 all contracts and agreements necessary or convenient to carry
22 out the purposes of this law.
23 (u)(21) To expend funds to finance the cost of
24 implementing recommendations made pursuant to s. 161.161 to
25 mitigate the adverse impacts of inlets on beaches.
26 (2) Any legal entity created under s. 163.01(7)(d),
27 the membership of which consists of three or more ports listed
28 in s. 311.09(1), in addition to any powers granted such entity
29 under applicable law and in the interlocal agreement pursuant
30 to which the entity was created, shall have the power:
31 (a) Provided in s. 163.01(7)(g), provided the public
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 facilities which may be acquired, owned, constructed,
2 improved, operated, or managed by such legal entity shall be
3 limited to facilities which are part of the Florida Seaport
4 Transportation and Economic Development Program as provided in
5 chapter 311 and s. 320.20(3) and (4) and seaport intermodal
6 access projects of statewide significance provided in s.
7 341.053.
8 (b) To enter into interlocal agreements or contracts
9 with public agencies, as defined in s. 163.01, and private
10 parties for financing, constructing, acquiring, operating,
11 maintaining, improving, or managing the public facilities
12 described in paragraph (a).
13 (c) To enter into interlocal agreements or contracts
14 with public agencies to exercise powers of eminent domain in
15 regard to the public facilities described in paragraph (a).
16 (d) To do all other things necessary to accomplish the
17 financing, constructing, acquisition, operation, maintenance,
18 improvement, and management of the public facilities described
19 in paragraph (a).
20 Section 52. Paragraph (c) of subsection (4) of section
21 320.20, Florida Statutes, is amended to read:
22 320.20 Disposition of license tax moneys.--The revenue
23 derived from the registration of motor vehicles, including any
24 delinquent fees and excluding those revenues collected and
25 distributed under the provisions of s. 320.081, must be
26 distributed monthly, as collected, as follows:
27 (4) Notwithstanding any other provision of law except
28 subsections (1), (2), and (3), on July 1, 2001, and annually
29 thereafter, $10 million shall be deposited in the State
30 Transportation Trust Fund solely for the purposes of funding
31 the Florida Seaport Transportation and Economic Development
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 Program as provided in chapter 311 and for funding seaport
2 intermodal access projects of statewide significance as
3 provided in s. 341.053. Such revenues shall be distributed to
4 any port listed in s. 311.09(1), to be used for funding
5 projects as follows:
6 (c) On a 50-50 matching basis for projects as
7 described in s. 311.07(3)(b).
8
9 Such revenues may be assigned, pledged, or set aside as a
10 trust for the payment of principal or interest on bonds, tax
11 anticipation certificates, or any other form of indebtedness
12 issued by an individual port or appropriate local government
13 having jurisdiction thereof, or collectively by interlocal
14 agreement among any of the ports, or used to purchase credit
15 support to permit such borrowings. However, such debt shall
16 not constitute a general obligation of the state. This state
17 does hereby covenant with holders of such revenue bonds or
18 other instruments of indebtedness issued hereunder that it
19 will not repeal or impair or amend this subsection in any
20 manner which will materially and adversely affect the rights
21 of holders so long as bonds authorized by this subsection are
22 outstanding. Any revenues that are not pledged to the
23 repayment of bonds as authorized by this section may be
24 utilized for purposes authorized under the Florida Seaport
25 Transportation and Economic Development Program. This revenue
26 source is in addition to any amounts provided for and
27 appropriated in accordance with s. 311.07 and subsection (3).
28 The Florida Seaport Transportation and Economic Development
29 Council shall approve distribution of funds to ports for
30 projects that have been approved pursuant to s. 311.09(5)-(9),
31 or for seaport intermodal access projects identified in the
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 5-year Florida Seaport Mission Plan as provided in s.
2 311.09(3) and mutually agreed upon by the FSTED Council and
3 the Department of Transportation. All contracts for actual
4 construction of projects authorized by this subsection must
5 include a provision encouraging employment of WAGES
6 participants. The goal for employment of WAGES participants
7 is 25 percent of all new employees employed specifically for
8 the project, unless the Department of Transportation and the
9 Florida Seaport Transportation and Economic Development
10 Council can demonstrate to the satisfaction of the Secretary
11 of Labor and Employment Security that such a requirement would
12 severely hamper the successful completion of the project. In
13 such an instance, the Secretary of Labor and Employment
14 Security shall establish an appropriate percentage of
15 employees that must be WAGES participants. The council and the
16 Department of Transportation are authorized to perform such
17 acts as are required to facilitate and implement the
18 provisions of this subsection. To better enable the ports to
19 cooperate to their mutual advantage, the governing body of
20 each port may exercise powers provided to municipalities or
21 counties in s. 163.01(7)(d) subject to the provisions of
22 chapter 311 and special acts, if any, pertaining to a port.
23 Any legal entity created under s. 163.01(7)(d), the membership
24 of which consists of three or more ports listed in s.
25 311.09(1), and its individual members, shall have the
26 authority and powers granted under chapter 315. The use of
27 funds provided pursuant to this subsection is limited to
28 eligible projects listed in this subsection. The provisions of
29 s. 311.07(4) do not apply to any funds received pursuant to
30 this subsection.
31 Section 53. Subsections (6) and (7) are added to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 section 341.053, Florida Statutes, to read:
2 341.053 Intermodal Development Program;
3 administration; eligible projects; limitations.--
4 (6) The department shall review funding requests from
5 two or more ports listed in s. 311.09(1) or a combination of
6 two or more of the following: seaports, rail, airports, or
7 other public transportation authorities. The department may
8 fund projects that create intermodal transfer facilities or
9 such intermodal or multimodal transportation terminals as
10 provided in subsection (5).
11 (7)(a) There is created the Strategic Intermodal
12 Transportation and Economic Development Planning Council
13 within the department to plan for the efficient use of public
14 and private transportation systems and facilities to support
15 Florida's economic development through the intermodal movement
16 of people and freight cargo to and from or between seaports,
17 airports, and other transportation terminals and facilities.
18 The council shall consist of the following 9 members: the
19 Secretary of Transportation or his or her designee; the
20 Secretary of Community Affairs or his or her designee; two
21 members appointed by the Governor; a member from Enterprise
22 Florida, Inc., appointed by the Governor; a member from the
23 Florida Seaport Transportation and Economic Development
24 Council appointed by the Governor; a member representing
25 airports appointed by the Governor; a member representing
26 railroads appointed by the Governor; and a member representing
27 the commercial trucking industry appointed by the Governor.
28 Metropolitan planning organizations and regional planning
29 councils may be represented as nonvoting members of the
30 council. The department may contract with members of the
31 council or other entities to provide for development of
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 appropriate information required to facilitate the planning
2 process.
3 (b) By no later than February 1, 1999, the council
4 must submit to the Transportation Commission, and the
5 Legislature a report which at a minimum:
6 1. Analyzes current and future intermodal
7 transportation needs, including the assessment of existing
8 infrastructure to determine key deficiencies of modal
9 interface, capacity, and over or under utilization of public
10 and private assets.
11 2. Identifies appropriate goals, measures of
12 intermodal system performance, and strategies for growth in
13 intermodal facilities to support Florida's international trade
14 and economic development.
15 3. Identifies methods to improve intergovernmental
16 coordination between local, regional, and state agencies, and
17 the private sector to better plan for Florida's economic
18 development through the intermodal movement of people and
19 freight.
20 4. Identifies the impact of intermodal facilities on
21 the growth of employment opportunities for all Floridians,
22 especially WAGES participants, in economically distressed
23 urban and rural areas.
24 (c) By no later than July 1, 1999, the council must
25 submit to the Department of Transportation, the Florida
26 Transportation Commission, and the Legislature a report which
27 at a minimum:
28 1. Identifies intermodal projects of statewide
29 significance and documents the need for the projects as well
30 as their importance, benefits, and conformance with the goals
31 and strategies developed by the council
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 2. Identifies local government benefits from
2 intermodal projects of statewide significance through the
3 development of community-based economic development projects.
4 3. Includes a prioritized needs list of intermodal
5 transportation projects of statewide significance identifying
6 possible public and private funding for at least the first 5
7 years of priority projects.
8 (d) The council must update the prioritized needs list
9 when necessary as determined by a majority vote of voting
10 committee members, but not less than once every 5 years.
11 (e) Any projects selected for implementation from the
12 needs list prepared pursuant to paragraph (c) must be included
13 in the department's adopted work program developed in
14 accordance with s. 339.135. In conjunction with its annual
15 in-depth evaluation, the Transportation Commission must review
16 the council's needs list and the department's work program and
17 provide a review and analysis to the Governor and Legislature
18 as described under s. 339.135. The review and analysis must
19 include a review of the needs lists and work programs
20 implementation of the council's goals and strategies.
21 Section 54. Section 695.03, Florida Statutes, is
22 amended to read:
23 695.03 Acknowledgment and proof; validation of certain
24 acknowledgments; legalization or authentication before foreign
25 officials.--To entitle any instrument concerning real property
26 to be recorded, the execution must be acknowledged by the
27 party executing it, proved by a subscribing witness to it, or
28 legalized or authenticated by a civil-law notary or notary
29 public who affixes her or his official seal, before the
30 officers and in the form and manner following:
31 (1) WITHIN THIS STATE.--An acknowledgment or proof
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 made within this state may be made before a judge, clerk, or
2 deputy clerk of any court; a United States commissioner or
3 magistrate; or a notary public or civil law notary of this
4 state, and the certificate of acknowledgment or proof must be
5 under the seal of the court or officer, as the case may be.
6 All affidavits and acknowledgments heretofore made or taken in
7 this manner are hereby validated.
8 (2) WITHOUT THIS STATE BUT WITHIN THE UNITED
9 STATES.--An acknowledgment or proof made out of this state but
10 within the United States may be made before a civil law notary
11 of this state or a commissioner of deeds appointed by the
12 Governor of this state; a judge or clerk of any court of the
13 United States or of any state, territory, or district; a
14 United States commissioner or magistrate; or a notary public,
15 justice of the peace, master in chancery, or registrar or
16 recorder of deeds of any state, territory, or district having
17 a seal, and the certificate of acknowledgment or proof must be
18 under the seal of the court or officer, as the case may be.
19 If the acknowledgment or proof is made before a notary public
20 who does not affix a seal, it is sufficient for the notary
21 public to type, print, or write by hand on the instrument, "I
22 am a Notary Public of the State of ...(state)..., and my
23 commission expires on ...(date)...."
24 (3) WITHIN FOREIGN COUNTRIES.--If the acknowledgment,
25 legalization, authentication, or proof is made in a foreign
26 country, it may be made before a commissioner of deeds
27 appointed by the Governor of this state to act in such
28 country; before a civil-law notary or a notary public of such
29 foreign country or a civil law notary of this state or of such
30 foreign country who has an official seal; before an
31 ambassador, envoy extraordinary, minister plenipotentiary,
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 minister, commissioner, charge d'affaires, consul general,
2 consul, vice consul, consular agent, or other diplomatic or
3 consular officer of the United States appointed to reside in
4 such country; or before a military or naval officer authorized
5 by the Laws or Articles of War of the United States to perform
6 the duties of notary public, and the certificate of
7 acknowledgment, legalization, authentication, or proof must be
8 under the seal of the officer. A certificate legalizing or
9 authenticating the signature of a person executing an
10 instrument concerning real property and to which a civil-law
11 notary or notary public of that country has affixed her or his
12 official seal is sufficient as an acknowledgment. For the
13 purposes of this section, the term "civil-law notary" means a
14 civil law notary as defined in chapter 118 or an official of a
15 foreign country who has an official seal and who is authorized
16 to make legal or lawful the execution of any document in that
17 jurisdiction, in which jurisdiction the affixing of her or his
18 official seal is deemed proof of the execution of the document
19 or deed in full compliance with the laws of that jurisdiction.
20
21 All affidavits, legalizations, authentications, and
22 acknowledgments heretofore made or taken in the manner set
23 forth above are hereby validated.
24 Section 55. Subsection (9) of section 288.8175,
25 Florida Statutes, is amended to read:
26 288.8175 Linkage institutes between postsecondary
27 institutions in this state and foreign countries.--
28 (9) The Department of Education shall review and make
29 linkage-institute budget requests to the Governor and the
30 Legislature. State appropriations for institutes created under
31 this section must be made by a single lump-sum line item to
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 the department, which must apportion the funds among the
2 various institutes in accordance with criteria established by
3 the department. The linkage institutes shall be eligible to
4 apply on a competitive basis to the Office of Tourism, Trade,
5 and Economic Development for the Targeted Market Pilot Project
6 Grants Program as defined in s. 14.2015, designed to improve
7 short and long term international business opportunities for
8 Florida businesses.
9 Section 56. (1) The sum of $4.6 million is hereby
10 appropriated from the General Revenue Fund to the Florida
11 International Trade and Promotion Trust Fund for fiscal year
12 1998-1999 for the following:
13 (a) $3 million to the Florida Business Expansion
14 Corporation. Ninety percent of such funds must be used to
15 provide assistance to eligible businesses pursuant to s.
16 288.9533.
17 (b) $100,000 to the Florida Council on International
18 Development to establish and maintain a Florida State
19 International Archive.
20 (c) $1.2 million to finance an electronic commerce
21 support and information system contracted out by the Florida
22 Trade Data Center.
23 (d) $300,000 for the functions of the international
24 trade advocate pursuant to s. 14.2016.
25 (2) There is hereby appropriated $1.2 million from
26 General Revenue funds to the Office of Tourism, Trade and
27 Economic Development which shall be used to fund the
28 activities of the Technology Research and Development
29 Authority (TRDA).
30 (3) Funds provided in Specific Appropriation 1355A for
31 a Vessel Tracking Information System for the Tampa Bay Area in
103
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 the 1997-98 General Appropriations Act which are unexpended on
2 June 30, 1998, are hereby reappropriated for fiscal year
3 1998-99 to the Tampa Port Authority. The proviso language
4 following Specific Appropriation 1355A shall be met prior to
5 distribution of these reappropriated funds.
6 (4) Funds provided in Specific Appropriation 1649C for
7 the Targeted Industry Incentive Program in the 1997-98 General
8 Appropriations Act which are unobligated are appropriated to
9 the Office of Tourism, Trade, and Economic Development for
10 defense-related community grants in 1998-99 as authorized
11 under section 288.980, Florida Statutes.
12 Section 57. This act shall take effect July 1 of the
13 year in which enacted.
14
15
16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, line 2,
19 To page 6, line 5,
20 remove from the title of the bill: all of said lines
21
22 and insert in lieu thereof:
23 An act relating to economic development;
24 amending s. 414.026, F.S.; requiring that the
25 WAGES Program State Board of Directors approve
26 any WAGES-related proposed administrative
27 rules; requiring collaboration with the WAGES
28 State Board concerning other actions by the
29 Workforce Development Board of Enterprise
30 Florida, Inc., and state agencies; extending
31 the existence of the WAGES Program State Board
104
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 of Directors; amending s. 414.028, F.S.;
2 revising requirements for a member of a local
3 WAGES coalition in the case of a conflict of
4 interest; providing requirements for disclosing
5 any such conflict; providing for certain
6 nonvoting members to be appointed to a local
7 coalition; requiring a local coalition to
8 deliver certain services under the WAGES
9 Program; providing for staff support for local
10 coalitions; requiring that the program and
11 financial plan developed by a local WAGES
12 coalition include provisions for providing
13 services for victims of domestic violence and
14 describing development of the plan; creating s.
15 414.030, F.S.; creating a process for fostering
16 the development or completion of certain WAGES
17 Program Employment Projects, providing duties
18 and requirements; amending s. 414.065, F.S.;
19 deleting provisions that require an employer to
20 repay certain supplements or incentives under
21 specified circumstances; creating a WAGES
22 training bonus to be paid to an employer who
23 hires certain program participants; providing
24 protection for current employees; providing an
25 exception from the work requirements for
26 certain individuals at risk of domestic
27 violence; providing an exception for a
28 specified period for certain individuals
29 impaired by past incidents of domestic
30 violence, under certain circumstances; amending
31 s. 414.105, F.S.; providing that an individual
105
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 who cares for a disabled family member is
2 exempt from certain time limitations;
3 permitting domestic violence victims to be
4 granted hardship exemptions not subject to
5 certain percentage limitations, under specified
6 circumstances; providing legislative intent;
7 creating s. 414.110, F.S.; creating the Work
8 Credit Program; delineating eligibility
9 requirements for individuals to receive
10 assistance under the program; amending s.
11 414.0252, F.S.; providing definitions; amending
12 s. 414.095, F.S.; allowing certain individuals
13 to qualify as noncitizens for purpose of the
14 WAGES Program, allowing WAGES participants to
15 receive information regarding domestic violence
16 support services, providing that risk of
17 domestic violence is good cause for not
18 cooperating with paternity establishment;
19 amending s. 414.115, F.S.; providing that
20 limited temporary cash assistance provisions do
21 not apply to certain circumstances resulting
22 from rape, incest, or sexual exploitation;
23 amending s. 234.01, F.S.; authorizing school
24 districts to provide transportation for WAGES
25 participants; amending s. 234.211, F.S.;
26 providing for reimbursement of school
27 districts; amending s. 341.041, F.S.;
28 establishing responsibilities of the Department
29 of Transportation with respect to transit
30 services for WAGES participants; amending s.
31 341.052, F.S.; relating to duties of public
106
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 transit block grant recipients to coordinate
2 with local WAGES coalitions regarding
3 transportation services; deleting duplicative
4 provisions; amending s. 414.026, F.S.; revising
5 membership of the WAGES Program State Board of
6 Directors; amending s. 414.20, F.S.; clarifying
7 transportation options available to local WAGES
8 coalitions to assist WAGES participants;
9 amending s. 414.25, F.S.; extending the
10 exemption from leased real property
11 requirements for the WAGES Program to June 30,
12 1999; creating s. 414.225, F.S.; providing for
13 the provision of transitional transportation
14 for former WAGES participants; amending s.
15 427.013, F.S.; providing for the duties of the
16 Commission for the Transportation Disadvantaged
17 regarding WAGES transportation; amending s.
18 427.0155, F.S.; providing for the duties of
19 community transportation coordinators regarding
20 WAGES transportation; amending s. 427.0157,
21 F.S.; providing for the duties of the local
22 coordinating boards regarding WAGES
23 transportation; amending s. 212.096, F.S.;
24 expanding enterprise zone sales tax credit to
25 JTPA or WAGES Program participants not residing
26 in an enterprise zone; requiring documentation;
27 amending s. 220.03, F.S.; expanding enterprise
28 zone corporate tax credit to JTPA or WAGES
29 Program participants not residing in an
30 enterprise zone; amending s. 220.181, F.S.;
31 requiring documentation; amending s. 288.047,
107
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 F.S.; creating a Quick-response Training
2 Program for WAGES participants; providing
3 requirements; creating s. 414.155, F.S.;
4 providing a relocation assistance program for
5 families receiving or eligible to receive WAGES
6 Program assistance; providing responsibilities
7 of the Department of Children and Family
8 Services and the Department of Labor and
9 Employment Security; providing for a relocation
10 plan and for monitoring of the relocation;
11 requiring agreements restricting application
12 for temporary cash assistance for a specified
13 period; providing exceptions; requiring
14 repayment of temporary cash assistance provided
15 under certain circumstances, and reduced
16 eligibility for future assistance; providing
17 for coordination, fund reallocation, and
18 incentives; providing authority for rules;
19 providing protection from mandatory relocation;
20 providing appropriations; amending s. 14.2015,
21 F.S.; revising the reporting requirements of
22 the Office of Tourism, Trade, and Economic
23 Development relating to permits and rules;
24 authorizing the Office of Tourism, Trade, and
25 Economic Development to coordinate
26 establishment of a one-stop permit registry;
27 creating s. 288.9958, F.S.; establishing the
28 PRIDE Job Placement Incentive Program; amending
29 s. 257.35, F.S.; creating the Florida State
30 International Archive; providing requirements
31 for the archive; providing for access to the
108
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 archive; creating s. 288.9530, F.S.; providing
2 for the creation of the Florida Business
3 Expansion Corporation to provide business
4 expansion assistance to businesses in the state
5 having job growth or emerging technology
6 potential; creating s. 288.9531, F.S.;
7 providing for powers and duties of the
8 corporation; creating s. 288.9532, F.S., and s.
9 288.9533, F.S.; creating the corporation board
10 of directors and providing for their powers and
11 duties; creating s. 288.9534, F.S.; providing
12 that the corporation contracts with an
13 experienced management company to administer
14 and perform the duties of the corporation;
15 creating s. 288.9535, F.S.; creating the
16 Florida Business Expansion Account to receive
17 state, federal, and private financial resources
18 for the purpose of funding the objectives of
19 the corporation; creating s. 288.9536, F.S.;
20 providing for the reporting and review
21 requirements of the corporation; creating Part
22 IV of ch. 721; creating s. 721.96, F.S.;
23 providing a purpose for the commissioners of
24 deeds; creating s. 721.97, F.S.; authorizing
25 the appointment of commissioners of deed;
26 providing authority; ratifying certain actions
27 of commissioners of deeds; amending s. 118.10,
28 F.S.; revising definitions; clarifying
29 eligibility and authority for certain civil law
30 notaries; amending s. 163.3178, F.S.; requiring
31 certain ports to identify certain spoil
109
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 disposal sites; requiring such ports to prepare
2 comprehensive master plans; amending s.
3 163.3187, F.S.; exempting comprehensive plan
4 amendments for port transportation facilities
5 and projects from a time limitation; amending
6 s. 212.08, F.S.; amending the exemption for
7 machinery and equipment used in silicon
8 technology production and research and
9 development; deleting the requirement that the
10 exemption be accomplished through the refund of
11 taxes that were previously paid; requiring
12 certification by a purchaser of entitlement to
13 the exemption and relieving the seller of
14 responsibility to collect tax; deleting the
15 provision that the refund is subject to a
16 specific annual legislative appropriation;
17 amending s. 288.095, F.S.; prohibiting the
18 Office of Tourism, Trade, and Economic
19 Development from obligating or encumbering the
20 Legislature's appropriation of funds for
21 certain tax refund programs in excess of
22 certain amounts; amending s. 288.8155, F.S.;
23 authorizing the International Trade Data
24 Resource and Research Center to create an
25 Internet-based information system; amending s.
26 288.90151, F.S.; revising the matching private
27 funding requirements for Enterprise Florida,
28 Inc.; providing for partial release of funds
29 placed in reserve under specified
30 circumstances; amending s. 288.905, F.S.;
31 creating the Minority Business Advisory Council
110
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 under Enterprise Florida, Inc.; providing
2 membership, powers, and duties of the council;
3 requiring annual report; amending s. 288.9607,
4 F.S.; extending the expiration date on the use
5 of certain State Transportation Trust Fund
6 investment earnings; amending s. 288.9614,
7 F.S.; providing that state appropriated funds
8 may not be expended by Enterprise Florida,
9 Inc., or its affiliates on certain venture
10 capital funds; creating s. 14.2016, F.S.;
11 creating the function of International Trade
12 Advocate within the Executive Office of the
13 Governor, proscribing powers and duties;
14 amending s. 253.77, F.S.; exempting certain
15 port projects from payments of fees for
16 activities involving the use of sovereign
17 lands; amending s. 311.07, F.S.; providing that
18 projects eligible for funding under the Florida
19 Seaport Transportation and Economic Development
20 Program must be consistent with port master
21 plans; exempting certain port transportation
22 facilities and projects from review as
23 developments of regional impact; amending s.
24 311.09, F.S.; declaring that projects eligible
25 for funding under the Florida Seaport
26 Transportation and Economic Development Program
27 are presumed to be in the public interest;
28 amending s. 315.03, F.S.; delineating powers
29 for certain local governmental entities that
30 consist of three or more ports; s. 320.20,
31 F.S.; authorizing such entities to act as
111
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HOUSE AMENDMENT
Bill No. CS for CS for SB 2524, 2nd Eng.
Amendment No. 001 (for drafter's use only)
1 agents for the Department of Transportation;
2 amending s. 341.053, F.S.; requiring the
3 Department of Transportation to review funding
4 requests of certain transportation authorities;
5 creating the Strategic Intermodal
6 Transportation and Economic Development
7 Planning Council; providing for membership and
8 duties of the council; requiring reports;
9 specifying contents; requiring the council to
10 update a certain needs list; requiring certain
11 projects to be included in the department's
12 work program; requiring the Transportation
13 Commission to review the council's needs list
14 and the department's work program; requiring a
15 review and analysis report; amending s. 695.03,
16 F.S.; authorizing acknowledgment of certain
17 instruments certified by civil law notaries
18 appointed pursuant to s. 118.10, F.S.; amending
19 s. 288.8175, F.S.; authorizing linkage
20 institutes to competitively apply for Targeted
21 Market Pilot Projects Grants; providing
22 appropriations for international trade
23 development and economic development programs;
24 providing an effective date.
25
26
27
28
29
30
31
112
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