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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 1                                 .
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 2                                 .
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 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Business Development & International Trade

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

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

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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,

                                  37

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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

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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

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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

                                  50

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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

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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

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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.

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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

                                  57

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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

                                  61

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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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