CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Valdes offered the following:

12

13         Amendment to Amendment (243299) (with title amendment) 

14         On page 55, between lines 28 and 29, of the amendment

15

16  insert:

17         Section 30.  Section 288.9530, Florida Statutes, is

18  created to read:

19         288.9530  The Florida Business Expansion Corporation.--

20         (1)  The Florida Business Expansion Corporation is

21  hereby created as a corporation not-for-profit, to be

22  incorporated under the provisions of chapter 617. The

23  corporation is organized on a nonstock basis. The corporation

24  shall provide business expansion assistance to businesses in

25  this state having job growth or emerging technology potential

26  and fewer than 500 employees. The primary purpose of the

27  corporation shall be to assist such Florida businesses to grow

28  through the development of cross-border transactions which

29  lead to increased revenues, cost reductions, sales or

30  investments for Florida businesses. For purposes of this Act,

31  "cross-border transactions" shall be defined as the formation

                                  1

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  of joint venture, strategic alliance, investment, technology

 2  transfer or licensing, co-development, or other commercial

 3  relationships between Florida businesses and non-Florida

 4  entities. In providing its services, the corporation shall

 5  seek to recover its costs and expenditures of state funds via

 6  fee, equity participation, or any other form of revenue

 7  generation or recovery, and to achieve the self-sufficiency of

 8  its operations. It is the intent of the Legislature that the

 9  corporation achieve self-sufficiency within three years of its

10  establishment. For the purposes of this section, the term

11  "self-sufficiency" shall mean that the annual expenses of

12  operation of the corporation shall be less than or equal to

13  the total value of the compensation derived including fee,

14  equity participation, or any other form of revenue generation

15  or recovery from the operations of the corporation by June 30,

16  2001.

17         (2)  The corporation shall not duplicate the services

18  and programs of Enterprise Florida, Inc., the Florida Export

19  Finance Corporation, and any other existing economic

20  development entity. The corporation programs are to serve

21  small to mid-sized Florida firms in conducting transactions

22  with entities located in other states and nations.

23         Section 31.  Section 288.9531, Florida Statutes, is

24  created to read:

25         288.9531  Powers and Duties of the Corporation.--

26         (1)  In addition to all of the statutory powers of

27  Florida not-for-profit corporations, the corporation shall

28  have the power and duty to:

29         (a)  Perform analyses of opportunities to Florida

30  businesses from the formation of stronger and numerous

31  commercial relationships through cross-border transactions;

                                  2

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (b)  Locate Florida businesses which are strong

 2  candidates for business expansion and match such businesses

 3  with joint venture or strategic alliance partners, sources of

 4  investment capital, or purchasers or licensees of technology;

 5         (c)  Prepare selected Florida firms to achieve business

 6  expansion through preparation of business plans and marketing

 7  materials, arranging participation in major domestic and

 8  international events targeted towards industry participants

 9  and investors, and placement of articles in business press and

10  trade publications;

11         (d)  Counsel Florida businesses in the development and

12  execution of cross-border transactions;

13         (e)  Develop, in conjunction with target businesses,

14  criteria for evaluation of potential cross-border transactions

15  or strategic partners;

16         (f)  Provide listings of strategic partners which meet

17  agreed-upon criteria;

18         (g)  Develop negotiating strategies and marketing

19  materials designed to address the concerns of potential

20  strategic partners;

21         (h)  Approach and initiate discussions with potential

22  strategic partners and investors;

23         (i)  Present Florida small and medium-sized firms to

24  potential strategic partners and investors;

25         (j)  Identify and, in conjunction with associated

26  professionals, provide guidance on critical business and legal

27  issues associated with proposed transactions, including issues

28  relating to transfers of assets, ownership of intellectual

29  property, tax planning, and other relevant matters;

30         (k)  Assist in the negotiation of pricing and terms of

31  participation of the parties;

                                  3

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (l)  Close cross-border transactions on behalf of

 2  Florida small and medium-sized firms, and manage outside

 3  professionals in the closing of the transaction;

 4         (m)  Handle issues that arise after closing to ensure

 5  continued success of the transaction; and

 6         (n)  Charge fees, in amounts to be determined by the

 7  board, to defray the operating costs of its programs.

 8         (2)  On or before December 31, 1998, the corporation

 9  shall submit to the Office of Tourism, Trade, and Economic

10  Development a business plan providing further specifics of its

11  operations, including, but not limited to, the following:

12         (a)  A detailed operating budget;

13         (b)  Specific goals and outcomes to be achieved by the

14  corporation in the accomplishment of its statutory duties;

15         (c)  Types of specific assistance to be rendered to

16  Florida businesses, including detailed descriptions of the

17  specific steps required to provide each type of assistance,

18  and the projected costs of such assistance; and

19         (d)  Specific provisions for the self-sufficient

20  operation of the corporation prior to July 1, 2001, including

21  specific projections of the compensation anticipated from

22  generation of successful cross-border transactions.

23         (e)  A description of the manner in which the

24  corporation will interact with existing state-sponsored

25  economic development entities.

26         (3)  The business plan and the data upon which it is

27  based shall constitute a public record and shall be

28  distributed in a manner which will provide maximum benefit to

29  Florida businesses.

30         (4)  Prior to December 1 of each year, the corporation

31  shall submit to the Governor, the President of the Senate, and

                                  4

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  the Speaker of the House of Representatives, a complete and

 2  detailed report including, but not limited to:

 3         (a)  The report required in s. 288.9536.

 4         (b)  The operations and accomplishments of the

 5  corporation, including the number of businesses assisted by

 6  the corporation.

 7         (c)  Its assets and liabilities at the end of its most

 8  recent fiscal year, including a description of its outstanding

 9  cross-border transactions.

10         Section 32.  Section 288.9532, Florida Statutes, is

11  created to read:

12         288.9532  Board of directors.--

13         (1)  The corporation shall have an initial board of

14  directors consisting of the following persons:

15         (a)  The President of Enterprise Florida, Inc., or his

16  designee, who shall serve as the chair of the corporation;

17         (b)  The Comptroller or designee;

18         (c)  The Commissioner of Insurance or designee;

19         (d)  The chair of the Florida Black Business Investment

20  Board or designee;

21         (e)  The chair of the Florida Export Finance

22  Corporation or designee; and

23         (f)  The chair of the Florida First Capital Finance

24  corporation or designee.

25         (2)  Notwithstanding the provisions of subsection (1),

26  the board of directors may by resolution appoint to the board

27  up to ten at-large members from the private sector, each of

28  whom shall serve a 2-year term. Minority and gender

29  representation shall be considered when making at-large

30  appointments to the board. At-large members shall have the

31  powers and duties of other members of the board. An at-large

                                  5

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  member is eligible for reappointment, but may not vote on his

 2  or her own reappointment.

 3         (3)  The board shall ensure that its composition is

 4  reflective of the diversity of Florida's business community,

 5  and to the greatest degree possible shall include, but not be

 6  limited to, individuals representing small and medium-sized

 7  businesses, minority businesses, universities and other

 8  institutions of higher education, and international and

 9  domestic economic development organizations. A majority of

10  at-large members of the board shall have significant

11  experience in international business, with expertise in the

12  areas of trade, transportation, finance, law, or

13  manufacturing.

14         (4)  Members of the board of directors shall serve

15  without compensation, but members, the president, and staff

16  may be reimbursed for all reasonable, necessary, and actual

17  expenses, as determined by the board of directors.

18         (5)  A majority of currently serving members of the

19  board shall constitute a quorum for purposes of all business

20  of the board.

21         Section 33.  Section 288.9533, Florida Statutes, is

22  created to read:

23         288.9533  Powers and Duties of the Board of

24  Directors.--The board shall:

25         (1)  Prior to the expenditure of funds from the Florida

26  Business Expansion account, adopt bylaws and internal

27  procedures which are necessary to carry out the

28  responsibilities of the corporation. The articles and bylaws

29  of the corporation shall be reviewed and approved by the

30  Office of Tourism, Trade, and Economic Development prior to

31  final adoption by the board;

                                  6

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (2)  Hold regularly scheduled meetings, at least

 2  quarterly, in order to carry out the objectives and duties of

 3  the board;

 4         (3)  Develop a streamlined application and review

 5  process;

 6         (4)  Adopt rules and policies, including application

 7  and award criteria, regarding eligibility of businesses to

 8  receive assistance from the corporation. Such rules and

 9  policies shall include, but not be limited to, the

10  requirements that the target businesses:

11         (a)  Shall have substantial operations in Florida;

12         (b)  Shall have products, business or technology in

13  existence at the time of application;

14         (c)  Shall have proven management;

15         (d)  Shall be in a stage of business which is favorable

16  to expansion of the business into international markets;

17         (e)  Shall have products or technologies which have a

18  substantial potential for beneficial effect on business

19  expansion, business revenue or employment in Florida; and

20         (f)  Shall have products or technologies which are

21  potential technology or market leaders with substantial

22  commercial potential in international markets.

23         (g)  Shall not have engaged in any cross-border

24  transactions prior to receipt of assistance from the

25  corporation.  Assistance from the corporation shall only be

26  extended to targeted businesses when no conventional source of

27  assistance is available for the business from public or

28  private sources.

29         (5)  Proposed awards of assistance shall be reviewed

30  and approved at meetings of the board. The board shall give

31  the highest priority to activities that offer the greatest

                                  7

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  opportunity for economic development impact and cost recovery.

 2  A business, including any affiliated corporations of such

 3  business, that has received any contractual assistance from

 4  the private sector entity selected pursuant to s. 288.9534, is

 5  not eligible to receive assistance from the corporation.

 6         Section 34.  Chapter 288.9534, Florida Statutes, is

 7  created to read:

 8         288.9534  Management of the Corporation.--

 9         (1)  The activities of the corporation shall be

10  administered under a contract with a private sector entity

11  selected by the board no later than September 1, 1998. Such

12  company shall have responsibility for performance of all

13  statutory duties of the corporation, under the control and

14  supervision of the board. Potential management companies

15  shall:

16         (a)  Have existing operations in Florida, and provide

17  Florida-resident personnel to perform services under the

18  contract;

19         (b)  Have an established record of success in the

20  creation of cross-border transactions, and at least ten years

21  of operational experience in such business;

22         (c)  Have staff with substantial financial and

23  international affairs experience;

24         (d)  Have international offices;

25         (e)  Commit to a cash match expenditure of ten percent

26  of the amount of the state contract issued pursuant to this

27  section, with such cash to be provided from the capital of the

28  contractor and expended directly in the pursuit of the

29  statutory purposes of the corporation; and

30         (f)  Have substantial experience in as many of the

31  following areas as possible:

                                  8

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         1.  Arrangement of cross-border transactions;

 2         2.  Development and implementation of market entry

 3  strategies for business expansion;

 4         3.  Preparation of market analyses and strategic plans;

 5  and

 6         4.  Work with foreign and domestic financial

 7  institutions, highly regulated industries and foreign

 8  governments.

 9         (2)  The company selected pursuant to this subsection

10  shall provide personnel to serve as officers of the

11  corporation who shall perform on behalf of the corporation all

12  of the customary functions of the offices they occupy.

13         (3)  The board shall provide by contract for division

14  with the management company of total compensation derived from

15  the operations of the corporation. Such division shall be made

16  quarterly, and shall involve the total compensation of the

17  corporation which are in excess of the expenses of the

18  corporation for that quarter.

19         (4)  Prior to securing management services for the

20  corporation, staffing of the corporation shall be provided by

21  the Office of Tourism, Trade, and Economic Development, which

22  shall provide to the board by August 7, 1998, a list of

23  candidates qualified and desiring to perform the duties of the

24  management company specified in this section. The Office of

25  Tourism, Trade, and Economic Development shall also have

26  responsibility for the establishment of performance measures

27  and requirements which provide for the performance of the

28  statutory duties of the corporation, as well as the following:

29         (a)  Specific outcomes from the performance of the

30  management company, as well as timetables for the

31  accomplishment of such outcomes;

                                  9

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (b)  Requirements relating to the handling of state

 2  funds and providing for third party audit and financial review

 3  of the operations of the corporation;

 4         (c)  Reversion to the state of all assets of the

 5  corporation in the event of cessation of operations of the

 6  corporation; and

 7         (d)  Termination of the management company in the event

 8  of its failure to perform the duties or deliver the outcomes

 9  provided in the management contract.

10         Section 35.  Section 288.9535, Florida Statutes, is

11  created to read:

12         288.9535  Florida Business Expansion Account.--

13         (1)  The board shall create the Florida Business

14  Expansion account for the purpose of receiving state, federal,

15  and private financial resources, and the return from

16  employment of those resources, and for the purposes of the

17  corporation. The account shall be under the exclusive control

18  of the board.

19         (2)  Resources in the account shall be allocated for

20  operating expenses of the corporation and for other

21  statutorily authorized purposes, including costs of research,

22  provision of business assistance to targeted businesses, and

23  other costs.

24         (3)  Appropriations for the corporation shall be

25  deposited into the account.

26         (4)  The board may establish the account and any

27  sub-accounts necessary and convenient for the operation of the

28  corporation with state or federally chartered financial

29  institutions in this state and may invest the assets of the

30  account in permissible securities.

31         (5)  At all times, the board shall attempt to maximize

                                  10

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  the returns on funds in the account.

 2         (6)  All revenues received from the operations of the

 3  corporation shall be redeposited in the account to be used to

 4  promote the statutory purposes of the corporation.

 5         (7)  Under no circumstances shall the credit of the

 6  state be pledged by or on behalf of the corporation, nor shall

 7  the state be liable or obligated in any way for claims on the

 8  account or against the corporation.

 9         Section 36.  Section 288.9536, Florida Statutes, is

10  created to read:

11         288.9536  Reporting and Review.--

12         (1)  By September 1, 1999, the corporation in

13  cooperation with the Office of Program Policy Analysis and

14  Government Accountability shall develop a research design,

15  including goals and measurable objectives for the corporation,

16  which will provide the Legislature with a quantitative

17  evaluation of the corporation. The corporation shall utilize

18  the monitoring mechanisms and reports developed in the designs

19  and provide these reports to the Governor, the President of

20  the Senate, the Speaker of the House of Representatives, and

21  the Office of Program Policy Analysis and Government

22  Accountability.

23         (2)  On January 31, 2000, and on January 31 of each

24  succeeding year, the corporation shall prepare a report on the

25  financial status of the corporation and the account and shall

26  submit a copy of the report to the Governor, the President of

27  the Senate, the Speaker of the House of Representatives, and

28  the President of Enterprise Florida, Inc. The report shall

29  specify the assets and liabilities of the account within the

30  current fiscal year and shall include a list of the businesses

31  assisted, the benefits obtained by each business assisted,

                                  11

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  including, but not limited to, increased revenues, cost

 2  reductions, sales or investment which have been realized by

 3  such businesses.

 4         (3)  Prior to the 2001 regular session of the

 5  Legislature, the Office of Program Policy Analysis and

 6  Government Accountability shall perform a review and

 7  evaluation of the corporation using the research design

 8  promulgated pursuant to this section. The report shall review

 9  and comment on the operations and accomplishments of the

10  corporation. A report of the findings and recommendations of

11  the Office of Program Policy Analysis and Government

12  Accountability shall be submitted to the President of the

13  Senate and the Speaker of the House of Representatives prior

14  to the 2001 regular session.

15         Section 37.  The sum of $1.5 million is hereby

16  appropriated from the General Revenue Fund to the Florida

17  Business Expansion Corporation.  Ninety percent of such funds

18  must be used to provide assistance to eligible businesses

19  pursuant to s. 288.9533.

20         Section 38.  The sum of $100,000 is hereby appropriated

21  from the General Revenue Fund to the Florida Council on

22  International Development to establish and maintain a Florida

23  State International Archive.

24         Section 39.  Section 288.075, Florida Statutes, is

25  amended to read:

26         288.075  Confidentiality of records.--

27         (1)  As used in this section, the term "economic

28  development agency" means the Office of Tourism, Trade, and

29  Economic Development Division of Economic Development of the

30  Department of Commerce, any industrial development authority

31  created in accordance with part III of chapter 159 or by

                                  12

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  special law, the public economic development agency that

 2  advises the county commission on the issuance of industrial

 3  revenue bonds of a county that does not have an industrial

 4  development authority created in accordance with part III of

 5  chapter 159 or by special law, or any research and development

 6  authority created in accordance with part V of chapter 159.

 7  The term also includes any private agency, person,

 8  partnership, corporation, or business entity when authorized

 9  by the state, a municipality, or a county to promote the

10  general business interests or industrial interests of the

11  state or that municipality or county.

12         (2)  Upon written request from a private corporation,

13  partnership, or person, records of an economic development

14  agency which contain or would provide information concerning

15  plans, intentions, or interests of such private corporation,

16  partnership, or person to locate, relocate, or expand any of

17  its business activities in this state are confidential and

18  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

19  Constitution for 24 months after the date an economic

20  development agency receives a request for confidentiality or

21  until disclosed by an economic development agency pursuant to

22  subsection (4) or by the party requesting confidentiality

23  under this section. Confidentiality must be maintained until

24  the expiration of the 24-month period or until documents or

25  information are otherwise disclosed, whichever occurs first.

26  This confidentiality does not apply when any party petitions a

27  court of competent jurisdiction and, in the opinion of the

28  court, proves need for access to such documents. This

29  exemption expires October 2, 2001, and is subject to review by

30  the Legislature under the Open Government Sunset Review Act of

31  1995 in accordance with s. 119.15.

                                  13

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (3)  This section does not waive any provision of

 2  chapter 120 or any other provision of law requiring a public

 3  hearing.

 4         (4)  A public officer or employee or any person who is

 5  an employee of an economic development agency may not enter

 6  into a binding agreement with any corporation, partnership, or

 7  person who has requested confidentiality of information

 8  pursuant to this section, until 90 days after such information

 9  is made public, unless such public officer or employee or

10  economic development agency employee is acting in an official

11  capacity.

12         (5)  Any person who is an employee of an economic

13  development agency who violates the provisions of this section

14  is guilty of a misdemeanor of the second degree, punishable as

15  provided in s. 775.082 or s. 775.083.

16         Section 40.  Section 288.1045, Florida Statutes, is

17  amended to read:

18         288.1045  Qualified defense contractor tax refund

19  program.--

20         (1)  DEFINITIONS.--As used in this section:

21         (a)  "Consolidation of a Department of Defense

22  contract" means the consolidation of one or more of an

23  applicant's facilities under one or more Department of Defense

24  contracts either from outside this state or from inside and

25  outside this state, into one or more of the applicant's

26  facilities inside this state.

27         (b)  "Average wage in the area" means the average of

28  all wages and salaries in the state, the county, or in the

29  standard metropolitan area in which the business unit is

30  located.

31         (c)  "Applicant" means any business entity that holds a

                                  14

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  valid Department of Defense contract or any business entity

 2  that is a subcontractor under a valid Department of Defense

 3  contract or any business entity that holds a valid contract

 4  for the reuse of a defense-related facility, including all

 5  members of an affiliated group of corporations as defined in

 6  s. 220.03(1)(b).

 7         (d)  "Office" "Division" means the Office of Tourism,

 8  Trade, and Economic Development Division of Economic

 9  Development of the Department of Commerce.

10         (e)  "Department of Defense contract" means a

11  competitively bid Department of Defense contract or a

12  competitively bid federal agency contract issued on behalf of

13  the Department of Defense for manufacturing, assembling,

14  fabricating, research, development, or design with a duration

15  of 2 or more years, but excluding any contract to provide

16  goods, improvements to real or tangible property, or services

17  directly to or for any particular military base or

18  installation in this state.

19         (f)  "New Department of Defense contract" means a

20  Department of Defense contract entered into after the date

21  application for certification as a qualified applicant is made

22  and after January 1, 1994.

23         (g)  "Jobs" means full-time equivalent positions,

24  consistent with the use of such terms by the Department of

25  Labor and Employment Security for the purpose of unemployment

26  compensation tax, resulting directly from a project in this

27  state. This number does not include temporary construction

28  jobs involved with the construction of facilities for the

29  project.

30         (h)  "Nondefense production jobs" means employment

31  exclusively for activities that, directly or indirectly, are

                                  15

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  unrelated to the Department of Defense.

 2         (i)  "Project" means any business undertaking in this

 3  state under a new Department of Defense contract,

 4  consolidation of a Department of Defense contract, or

 5  conversion of defense production jobs over to nondefense

 6  production jobs or reuse of defense-related facilities.

 7         (j)  "Qualified applicant" means an applicant that has

 8  been approved by the director secretary to be eligible for tax

 9  refunds pursuant to this section.

10         (k)  "Director" "Secretary" means the director of the

11  Office of Tourism, Trade, and Economic Development Secretary

12  of Commerce.

13         (l)  "Taxable year" means the same as in s.

14  220.03(1)(z).

15         (m)  "Fiscal year" means the fiscal year of the state.

16         (n)  "Business unit" means an employing unit, as

17  defined in s. 443.036, that is registered with the Department

18  of Labor and Employment Security for unemployment compensation

19  purposes or means a subcategory or division of an employing

20  unit that is accepted by the Department of Labor and

21  Employment Security as a reporting unit.

22         (o)  "Local financial support" means funding from local

23  sources, public or private, which is paid to the Economic

24  Development Trust Fund and which is equal to 20 percent of the

25  annual tax refund for a qualified applicant. Local financial

26  support may include excess payments made to a utility company

27  under a designated program to allow decreases in service by

28  the utility company under conditions, regardless of when

29  application is made. A qualified applicant may not provide,

30  directly or indirectly, more than 5 percent of such funding in

31  any fiscal year. The sources of such funding may not include,

                                  16

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  directly or indirectly, state funds appropriated from the

 2  General Revenue Fund or any state trust fund, excluding tax

 3  revenues shared with local governments pursuant to law.

 4         (p)  "Contract for reuse of a defense-related facility"

 5  means a contract with a duration of 2 or more years for the

 6  use of a facility for manufacturing, assembling, fabricating,

 7  research, development, or design of tangible personal

 8  property, but excluding any contract to provide goods,

 9  improvements to real or tangible property, or services

10  directly to or for any particular military base or

11  installation in this state. Such facility must be located

12  within a port, as defined in s. 313.21, and have been occupied

13  by a business entity that held a valid Department of Defense

14  contract or occupied by any branch of the Armed Forces of the

15  United States, within 1 year of any contract being executed

16  for the reuse of such facility. A contract for reuse of a

17  defense-related facility may not include any contract for

18  reuse of such facility for any Department of Defense contract

19  for manufacturing, assembling, fabricating, research,

20  development, or design.

21         (q)  "Local financial support exemption option" means

22  the option to exercise an exemption from the local financial

23  support requirement available to any applicant whose project

24  is located in a county designated by the Rural Economic

25  Development Initiative, if the county commissioners of the

26  county in which the project will be located adopt a resolution

27  requesting that the applicant's project be exempt from the

28  local financial support requirement. Any applicant that

29  exercises this option is not eligible for more than 80 percent

30  of the total tax refunds allowed such applicant under this

31  section.

                                  17

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--

 2         (a)  There shall be allowed, from the Economic

 3  Development Trust Fund, a refund to a qualified applicant for

 4  the amount of eligible taxes certified by the director

 5  secretary which were paid by such qualified applicant. The

 6  total amount of refunds for all fiscal years for each

 7  qualified applicant shall be determined pursuant to subsection

 8  (3). The annual amount of a refund to a qualified applicant

 9  shall be determined pursuant to subsection (5).

10         (b)  A qualified applicant may not be qualified for any

11  project to receive more than $5,000 times the number of jobs

12  provided in the tax refund agreement pursuant to subparagraph

13  (4)(a)1. A qualified applicant may not receive refunds of more

14  than 25 percent of the total tax refunds provided in the tax

15  refund agreement pursuant to subparagraph (4)(a)1. in any

16  fiscal year, provided that no qualified applicant may receive

17  more than $2.5 million in tax refunds pursuant to this section

18  in any fiscal year.

19         (c)  A qualified applicant may not receive more than

20  $7.5 million in tax refunds pursuant to this section in all

21  fiscal years.

22         (d)  Contingent upon an annual appropriation by the

23  Legislature, the director secretary may approve not more than

24  the lesser of $25 million in tax refunds than or the amount

25  appropriated to the Economic Development Trust Fund for tax

26  refunds, for a fiscal year pursuant to subsection (5) and s.

27  288.095.

28         (e)  For the first 6 months of each fiscal year, the

29  director secretary shall set aside 30 percent of the amount

30  appropriated for refunds pursuant to this section by the

31  Legislature to provide tax refunds only to qualified

                                  18

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  applicants who employ 500 or fewer full-time employees in this

 2  state. Any unencumbered funds remaining undisbursed from this

 3  set-aside at the end of the 6-month period may be used to

 4  provide tax refunds for any qualified applicants pursuant to

 5  this section.

 6         (f)  After entering into a tax refund agreement

 7  pursuant to subsection (4), a qualified applicant may receive

 8  refunds from the Economic Development Trust Fund for the

 9  following taxes due and paid by the qualified applicant

10  beginning with the applicant's first taxable year that begins

11  after entering into the agreement:

12         1.  Taxes on sales, use, and other transactions paid

13  pursuant to chapter 212.

14         2.  Corporate income taxes paid pursuant to chapter

15  220.

16         3.  Intangible personal property taxes paid pursuant to

17  chapter 199.

18         4.  Emergency excise taxes paid pursuant to chapter

19  221.

20         5.  Excise taxes paid on documents pursuant to chapter

21  201.

22         6.  Ad valorem taxes paid, as defined in s.

23  220.03(1)(a) on June 1, 1996.

24

25  However, a qualified applicant may not receive a tax refund

26  pursuant to this section for any amount of credit, refund, or

27  exemption granted such contractor for any of such taxes. If a

28  refund for such taxes is provided by the office Department of

29  Commerce, which taxes are subsequently adjusted by the

30  application of any credit, refund, or exemption granted to the

31  qualified applicant other than that provided in this section,

                                  19

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  the qualified applicant shall reimburse the Economic

 2  Development Trust Fund for the amount of such credit, refund,

 3  or exemption. A qualified applicant must notify and tender

 4  payment to the office Department of Commerce within 20 days

 5  after receiving a credit, refund, or exemption, other than

 6  that provided in this section.

 7         (g)  Any qualified applicant who fraudulently claims

 8  this refund is liable for repayment of the refund to the

 9  Economic Development Trust Fund plus a mandatory penalty of

10  200 percent of the tax refund which shall be deposited into

11  the General Revenue Fund. Any qualified applicant who

12  fraudulently claims this refund commits a felony of the third

13  degree, punishable as provided in s. 775.082, s. 775.083, or

14  s. 775.084.

15         (h)  Funds made available pursuant to this section may

16  not be expended in connection with the relocation of a

17  business from one community to another community in this state

18  unless the Office of Tourism, Trade, and Economic Development

19  determines that without such relocation the business will move

20  outside this state or determines that the business has a

21  compelling economic rationale for the relocation which creates

22  additional jobs.

23         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

24  DETERMINATION.--

25         (a)  To apply for certification as a qualified

26  applicant pursuant to this section, an applicant must file an

27  application with the office division which satisfies the

28  requirements of paragraphs (b) and (e), paragraphs (c) and

29  (e), or paragraphs (d) and (e). An applicant may not apply for

30  certification pursuant to this section after a proposal has

31  been submitted for a new Department of Defense contract, after

                                  20

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  the applicant has made the decision to consolidate an existing

 2  Department of Defense contract in this state for which such

 3  applicant is seeking certification, or after the applicant has

 4  made the decision to convert defense production jobs to

 5  nondefense production jobs for which such applicant is seeking

 6  certification.

 7         (b)  Applications for certification based on the

 8  consolidation of a Department of Defense contract or a new

 9  Department of Defense contract must be submitted to the office

10  division as prescribed by the office Department of Commerce

11  and must include, but are not limited to, the following

12  information:

13         1.  The applicant's federal employer identification

14  number, the applicant's Florida sales tax registration number,

15  and a notarized signature of an officer of the applicant.

16         2.  The permanent location of the manufacturing,

17  assembling, fabricating, research, development, or design

18  facility in this state at which the project is or is to be

19  located.

20         3.  The Department of Defense contract numbers of the

21  contract to be consolidated, the new Department of Defense

22  contract number, or the "RFP" number of a proposed Department

23  of Defense contract.

24         4.  The date the contract was executed or is expected

25  to be executed, and the date the contract is due to expire or

26  is expected to expire.

27         5.  The commencement date for project operations under

28  the contract in this state.

29         6.  The number of full-time equivalent jobs in this

30  state which are or will be dedicated to the project during the

31  year and the average wage of such jobs.

                                  21

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         7.  The total number of full-time equivalent employees

 2  employed by the applicant in this state.

 3         8.  The percentage of the applicant's gross receipts

 4  derived from Department of Defense contracts during the 5

 5  taxable years immediately preceding the date the application

 6  is submitted.

 7         9.  The amount of:

 8         a.  Taxes on sales, use, and other transactions paid

 9  pursuant to chapter 212;

10         b.  Corporate income taxes paid pursuant to chapter

11  220;

12         c.  Intangible personal property taxes paid pursuant to

13  chapter 199;

14         d.  Emergency excise taxes paid pursuant to chapter

15  221;

16         e.  Excise taxes paid on documents pursuant to chapter

17  201; and

18         f.  Ad valorem taxes paid

19

20  during the 5 fiscal years immediately preceding the date of

21  the application, and the projected amounts of such taxes to be

22  due in the 3 fiscal years immediately following the date of

23  the application.

24         10.  The estimated amount of tax refunds to be claimed

25  in each fiscal year.

26         11.  A brief statement concerning the applicant's need

27  for tax refunds, and the proposed uses of such refunds by the

28  applicant.

29         12.  A resolution adopted by the county commissioners

30  of the county in which the project will be located, which

31  recommends the applicant be approved as a qualified applicant,

                                  22

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  and which indicates that the necessary commitments of local

 2  financial support for the applicant exist. Prior to the

 3  adoption of the resolution, the county commission may review

 4  the proposed public or private sources of such support and

 5  determine whether the proposed sources of local financial

 6  support can be provided or, for any applicant whose project is

 7  located in a county designated by the Rural Economic

 8  Development Initiative, a resolution adopted by the county

 9  commissioners of such county requesting that the applicant's

10  project be exempt from the local financial support

11  requirement.

12         13.  Any additional information requested by the office

13  division.

14         (c)  Applications for certification based on the

15  conversion of defense production jobs to nondefense production

16  jobs must be submitted to the office division as prescribed by

17  the office Department of Commerce and must include, but are

18  not limited to, the following information:

19         1.  The applicant's federal employer identification

20  number, the applicant's Florida sales tax registration number,

21  and a notarized signature of an officer of the applicant.

22         2.  The permanent location of the manufacturing,

23  assembling, fabricating, research, development, or design

24  facility in this state at which the project is or is to be

25  located.

26         3.  The Department of Defense contract numbers of the

27  contract under which the defense production jobs will be

28  converted to nondefense production jobs.

29         4.  The date the contract was executed, and the date

30  the contract is due to expire or is expected to expire, or was

31  canceled.

                                  23

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         5.  The commencement date for the nondefense production

 2  operations in this state.

 3         6.  The number of full-time equivalent jobs in this

 4  state which are or will be dedicated to the nondefense

 5  production project during the year and the average wage of

 6  such jobs.

 7         7.  The total number of full-time equivalent employees

 8  employed by the applicant in this state.

 9         8.  The percentage of the applicant's gross receipts

10  derived from Department of Defense contracts during the 5

11  taxable years immediately preceding the date the application

12  is submitted.

13         9.  The amount of:

14         a.  Taxes on sales, use, and other transactions paid

15  pursuant to chapter 212;

16         b.  Corporate income taxes paid pursuant to chapter

17  220;

18         c.  Intangible personal property taxes paid pursuant to

19  chapter 199;

20         d.  Emergency excise taxes paid pursuant to chapter

21  221;

22         e.  Excise taxes paid on documents pursuant to chapter

23  201; and

24         f.  Ad valorem taxes paid

25

26  during the 5 fiscal years immediately preceding the date of

27  the application, and the projected amounts of such taxes to be

28  due in the 3 fiscal years immediately following the date of

29  the application.

30         10.  The estimated amount of tax refunds to be claimed

31  in each fiscal year.

                                  24

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         11.  A brief statement concerning the applicant's need

 2  for tax refunds, and the proposed uses of such refunds by the

 3  applicant.

 4         12.  A resolution adopted by the county commissioners

 5  of the county in which the project will be located, which

 6  recommends the applicant be approved as a qualified applicant,

 7  and which indicates that the necessary commitments of local

 8  financial support for the applicant exist. Prior to the

 9  adoption of the resolution, the county commission may review

10  the proposed public or private sources of such support and

11  determine whether the proposed sources of local financial

12  support can be provided or, for any applicant whose project is

13  located in a county designated by the Rural Economic

14  Development Initiative, a resolution adopted by the county

15  commissioners of such county requesting that the applicant's

16  project be exempt from the local financial support

17  requirement.

18         13.  Any additional information requested by the office

19  division.

20         (d)  Applications for certification based on a contract

21  for reuse of a defense-related facility must be submitted to

22  the office division as prescribed by the office Department of

23  Commerce and must include, but are not limited to, the

24  following information:

25         1.  The applicant's Florida sales tax registration

26  number and a notarized signature of an officer of the

27  applicant.

28         2.  The permanent location of the manufacturing,

29  assembling, fabricating, research, development, or design

30  facility in this state at which the project is or is to be

31  located.

                                  25

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         3.  The business entity holding a valid Department of

 2  Defense contract or branch of the Armed Forces of the United

 3  States that previously occupied the facility, and the date

 4  such entity last occupied the facility.

 5         4.  A copy of the contract to reuse the facility, or

 6  such alternative proof as may be prescribed by the office

 7  department that the applicant is seeking to contract for the

 8  reuse of such facility.

 9         5.  The date the contract to reuse the facility was

10  executed or is expected to be executed, and the date the

11  contract is due to expire or is expected to expire.

12         6.  The commencement date for project operations under

13  the contract in this state.

14         7.  The number of full-time equivalent jobs in this

15  state which are or will be dedicated to the project during the

16  year and the average wage of such jobs.

17         8.  The total number of full-time equivalent employees

18  employed by the applicant in this state.

19         9.  The amount of:

20         a.  Taxes on sales, use, and other transactions paid

21  pursuant to chapter 212.

22         b.  Corporate income taxes paid pursuant to chapter

23  220.

24         c.  Intangible personal property taxes paid pursuant to

25  chapter 199.

26         d.  Emergency excise taxes paid pursuant to chapter

27  221.

28         e.  Excise taxes paid on documents pursuant to chapter

29  201.

30         f.  Ad valorem taxes paid during the 5 fiscal years

31  immediately preceding the date of the application, and the

                                  26

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  projected amounts of such taxes to be due in the 3 fiscal

 2  years immediately following the date of the application.

 3         10.  The estimated amount of tax refunds to be claimed

 4  in each fiscal year.

 5         11.  A brief statement concerning the applicant's need

 6  for tax refunds, and the proposed uses of such refunds by the

 7  applicant.

 8         12.  A resolution adopted by the county commissioners

 9  of the county in which the project will be located, which

10  recommends the applicant be approved as a qualified applicant,

11  and which indicates that the necessary commitments of local

12  financial support for the applicant exist. Prior to the

13  adoption of the resolution, the county commission may review

14  the proposed public or private sources of such support and

15  determine whether the proposed sources of local financial

16  support can be provided or, for any applicant whose project is

17  located in a county designated by the Rural Economic

18  Development Initiative, a resolution adopted by the county

19  commissioners of such county requesting that the applicant's

20  project be exempt from the local financial support

21  requirement.

22         13.  Any additional information requested by the office

23  division.

24         (e)  To qualify for review by the office division, the

25  application of an applicant must, at a minimum, establish the

26  following to the satisfaction of the office division:

27         1.  The jobs proposed to be provided under the

28  application, pursuant to subparagraph (b)6. or subparagraph

29  (c)6., must pay an estimated annual average wage equaling at

30  least 115 percent of the average wage in the area where the

31  project is to be located.

                                  27

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         2.  The consolidation of a Department of Defense

 2  contract must result in a net increase of at least 25 percent

 3  in the number of jobs at the applicant's facilities in this

 4  state or the addition of at least 80 jobs at the applicant's

 5  facilities in this state.

 6         3.  The conversion of defense production jobs to

 7  nondefense production jobs must result in net increases in

 8  nondefense employment at the applicant's facilities in this

 9  state.

10         4.  The Department of Defense contract cannot allow the

11  business to include the costs of relocation or retooling in

12  its base as allowable costs under a cost-plus, or similar,

13  contract.

14         5.  A business unit of the applicant must have derived

15  not less than 70 percent of its gross receipts in this state

16  from Department of Defense contracts over the applicant's last

17  fiscal year, and must have derived not less than 80 percent of

18  its gross receipts in this state from Department of Defense

19  contracts over the 5 years preceding the date an application

20  is submitted pursuant to this section. This subparagraph does

21  not apply to any application for certification based on a

22  contract for reuse of a defense-related facility.

23         6.  The reuse of a defense-related facility must result

24  in the creation of at least 100 jobs at such facility.

25         (f)  Each application meeting the requirements of

26  paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs

27  (d) and (e) must be submitted to the office division for a

28  determination of eligibility. The office division shall

29  review, evaluate, and score each application based on, but not

30  limited to, the following criteria:

31         1.  Expected contributions to the state strategic

                                  28

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  economic development plan adopted by Enterprise Florida, Inc.,

 2  taking into account the extent to which the project

 3  contributes to the state's high-technology base, and the

 4  long-term impact of the project and the applicant on the

 5  state's economy.

 6         2.  The economic benefit of the jobs created or

 7  retained by the project in this state, taking into account the

 8  cost and average wage of each job created or retained, and the

 9  potential risk to existing jobs.

10         3.  The amount of capital investment to be made by the

11  applicant in this state.

12         4.  The local commitment and support for the project

13  and applicant.

14         5.  The impact of the project on the local community,

15  taking into account the unemployment rate for the county where

16  the project will be located.

17         6.  The dependence of the local community on the

18  defense industry.

19         7.  The impact of any tax refunds granted pursuant to

20  this section on the viability of the project and the

21  probability that the project will occur in this state if such

22  tax refunds are granted to the applicant, taking into account

23  the expected long-term commitment of the applicant to economic

24  growth and employment in this state.

25         8.  The length of the project, or the expected

26  long-term commitment to this state resulting from the project.

27         (g)  The office division shall forward its written

28  findings and evaluation on each application meeting the

29  requirements of paragraphs (b) and (e), paragraphs (c) and

30  (e), or paragraphs (d) and (e) to the director secretary

31  within 60 calendar days of receipt of a complete application.

                                  29

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  The office division shall notify each applicant when its

 2  application is complete, and when the 60-day period begins. In

 3  its written report to the director secretary, the office

 4  division shall specifically address each of the factors

 5  specified in paragraph (f), and shall make a specific

 6  assessment with respect to the minimum requirements

 7  established in paragraph (e). The office division shall

 8  include in its report projections of the tax refund claims

 9  that will be sought by the applicant in each fiscal year based

10  on the information submitted in the application.

11         (h)  Within 30 days after receipt of the office's

12  division's findings and evaluation, the director secretary

13  shall enter a final order that either approves or disapproves

14  an application. The decision must be in writing and provide

15  the justifications for either approval or disapproval. If

16  appropriate, the director secretary shall enter into a written

17  agreement with the qualified applicant pursuant to subsection

18  (4).

19         (i)  The director secretary may not enter any final

20  order that certifies any applicant as a qualified applicant

21  when the value of tax refunds to be included in that final

22  order exceeds the available amount of authority to enter final

23  orders as determined in s. 288.095(3) aggregate amount of tax

24  refunds for all qualified applicants projected by the division

25  in any fiscal year exceeds the lesser of $25 million or the

26  amount appropriated for tax refunds for that fiscal year. A

27  final order that approves an application must specify the

28  maximum amount of a tax refund that is to be available to the

29  contractor in each fiscal year and the total amount of tax

30  refunds for all fiscal years.

31         (j)  This section does not create a presumption that an

                                  30

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  applicant should receive any tax refunds under this section.

 2         (4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND

 3  AGREEMENT.--

 4         (a)  A qualified applicant shall enter into a written

 5  agreement with the office department containing, but not

 6  limited to, the following:

 7         1.  The total number of full-time equivalent jobs in

 8  this state that are or will be dedicated to the qualified

 9  applicant's project, the average wage of such jobs, the

10  definitions that will apply for measuring the achievement of

11  these terms during the pendency of the agreement, and a time

12  schedule or plan for when such jobs will be in place and

13  active in this state. This information must be the same as the

14  information contained in the application submitted by the

15  contractor pursuant to subsection (3).

16         2.  The maximum amount of a refund that the qualified

17  applicant is eligible to receive in each fiscal year.

18         3.  An agreement with the office department allowing

19  the office department to review and verify the financial and

20  personnel records of the qualified applicant to ascertain

21  whether the qualified applicant is complying with the

22  requirements of this section.

23         4.  The date after which, each fiscal year, the

24  qualified applicant may file an annual claim pursuant to

25  subsection (5).

26         5.  That local financial support shall be annually

27  available and will be paid to the Economic Development Trust

28  Fund.

29         (b)  Compliance with the terms and conditions of the

30  agreement is a condition precedent for receipt of tax refunds

31  each year. The failure to comply with the terms and conditions

                                  31

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  of the agreement shall result in the loss of eligibility for

 2  receipt of all tax refunds previously authorized pursuant to

 3  this section, and the revocation of the certification as a

 4  qualified applicant by the director secretary.

 5         (c)  The agreement shall be signed by the director

 6  secretary and the authorized officer of the qualified

 7  applicant.

 8         (d)  The agreement must contain the following legend,

 9  clearly printed on its face in bold type of not less than 10

10  points:

11

12         "This agreement is neither a general obligation

13         of the State of Florida, nor is it backed by

14         the full faith and credit of the State of

15         Florida. Payment of tax refunds are conditioned

16         on and subject to specific annual

17         appropriations by the Florida Legislature of

18         funds sufficient to pay amounts authorized in

19         s. 288.1045 s. 288.104, Florida Statutes."

20

21         (5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE

22  CONTRACTOR.--

23         (a)  Qualified applicants who have entered into a

24  written agreement with the office department pursuant to

25  subsection (4) and who have entered into a valid new

26  Department of Defense contract, commenced the consolidation of

27  a Department of Defense contract, commenced the conversion of

28  defense production jobs to nondefense production jobs or who

29  have entered into a valid contract for reuse of a

30  defense-related facility may apply once each fiscal year to

31  the office Department of Commerce for tax refunds. The

                                  32

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  application must be made on or after the date contained in the

 2  agreement entered into pursuant to subsection (4) and must

 3  include a notarized signature of an officer of the applicant.

 4         (b)  The claim for refund by the qualified applicant

 5  must include a copy of all receipts pertaining to the payment

 6  of taxes for which a refund is sought, and data related to

 7  achieving each performance item contained in the tax refund

 8  agreement pursuant to subsection (4). The amount requested as

 9  a tax refund may not exceed the amount for the fiscal year in

10  the written agreement entered pursuant to subsection (4).

11         (c)  A tax refund may not be approved for any qualified

12  applicant unless local financial support has been paid to the

13  Economic Development Trust Fund in that fiscal year. If the

14  local financial support is less than 20 percent of the

15  approved tax refund, the tax refund shall be reduced. The tax

16  refund paid may not exceed 5 times the local financial support

17  received. Funding from local sources includes tax abatement

18  under s. 196.1995 provided to a qualified applicant. The

19  amount of any tax refund for an applicant approved under this

20  section shall be reduced by the amount of any such tax

21  abatement, and the limitations in subsection (2) and paragraph

22  (3)(h) shall be reduced by the amount of any such tax

23  abatement. A report listing all sources of the local financial

24  support shall be provided to the office division when such

25  support is paid to the Economic Development Trust Fund.

26         (d)  The director secretary, with assistance from the

27  office division, the Department of Revenue, and the Department

28  of Labor and Employment Security, shall determine the amount

29  of the tax refund that is authorized for the qualified

30  applicant for the fiscal year in a written final order within

31  30 days after the date the claim for the annual tax refund is

                                  33

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  received by the office Department of Commerce.

 2         (e)  The total amount of tax refunds approved by the

 3  director secretary under this section in any fiscal year may

 4  not exceed the amount appropriated to the Economic Development

 5  Trust Fund for such purposes for the fiscal year. If the

 6  Legislature does not appropriate an amount sufficient to

 7  satisfy projections by the office division for tax refunds in

 8  a fiscal year, the director secretary shall, not later than

 9  July 15 of such year, determine the proportion of each refund

10  claim which shall be paid by dividing the amount appropriated

11  for tax refunds for the fiscal year by the projected total

12  amount of refund claims for the fiscal year. The amount of

13  each claim for a tax refund shall be multiplied by the

14  resulting quotient. If, after the payment of all such refund

15  claims, funds remain in the Economic Development Trust Fund

16  for tax refunds, the director secretary shall recalculate the

17  proportion for each refund claim and adjust the amount of each

18  claim accordingly.

19         (f)  Upon approval of the tax refund pursuant to

20  paragraphs (c) and (d), the Comptroller shall issue a warrant

21  for the amount included in the final order. In the event of

22  any appeal of the final order, the Comptroller may not issue a

23  warrant for a refund to the qualified applicant until the

24  conclusion of all appeals of the final order.

25         (g)  A prorated tax refund, less a 5 percent penalty,

26  shall be approved for a qualified applicant provided all other

27  applicable requirements have been satisfied and the applicant

28  proves to the satisfaction of the director that it has

29  achieved at least 80 percent of its projected employment.

30         (6)  ADMINISTRATION.--

31         (a)  The office may department shall adopt rules

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  pursuant to chapter 120 for the administration of this

 2  section.

 3         (b)  The office department may verify information

 4  provided in any claim submitted for tax credits under this

 5  section with regard to employment and wage levels or the

 6  payment of the taxes with the appropriate agency or authority

 7  including the Department of Revenue, the Department of Labor

 8  and Employment Security, or any local government or authority.

 9         (c)  To facilitate the process of monitoring and

10  auditing applications made under this program, the office

11  department may provide a list of qualified applicants to the

12  Department of Revenue, the Department of Labor and Employment

13  Security, or to any local government or authority. The office

14  department may request the assistance of said entities with

15  respect to monitoring the payment of the taxes listed in

16  subsection (2).

17         (d)  By December 1 of each year, the office department

18  shall submit a complete and detailed report to the Governor,

19  the President of the Senate, and the Speaker of the House of

20  Representatives of all tax refunds paid under this section,

21  including analyses of benefits and costs, types of projects

22  supported, employment and investment created, geographic

23  distribution of tax refunds granted, and minority business

24  participation.  The report must indicate whether the moneys

25  appropriated by the Legislature to the qualified applicant tax

26  refund program were expended in a prudent, fiducially sound

27  manner.

28         (7)  EXPIRATION.--An applicant may not be certified as

29  qualified under this section after June 30, 1999.

30         Section 41.  Paragraph (b) of subsection (4) of section

31  288.106, Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         288.106  Tax refund program for qualified target

 2  industry businesses.--

 3         (4)  APPLICATION AND APPROVAL PROCESS.--

 4         (b)  To qualify for review by the office, the

 5  application of a target industry business must, at a minimum,

 6  establish the following to the satisfaction of the office:

 7         1.  The jobs proposed to be provided under the

 8  application, pursuant to subparagraph (a)4., must pay an

 9  estimated annual average wage equaling at least 115 percent of

10  the average private sector wage in the area where the business

11  is to be located or the statewide private sector average wage.

12  The office may waive this average wage requirement at the

13  request of the local governing body recommending the project

14  and Enterprise Florida, Inc.  The wage requirement may only be

15  waived for a project located in a rural city or county or in

16  an enterprise zone and only when the merits of the individual

17  project or the specific circumstances in the community in

18  relationship to the project warrant such action.  If the local

19  governing body and Enterprise Florida, Inc., make such a

20  recommendation, it must be transmitted in writing and the

21  specific justification for the waiver recommendation must be

22  explained.  If the director elects to waive the wage

23  requirement, the waiver must be stated in writing and the

24  reasons for granting the waiver must be explained.

25         2.  The target industry business's project must result

26  in the creation of at least 10 jobs at such project and, if an

27  expansion of an existing business, must result in a net

28  increase in employment of not less than 10 percent at such

29  business. Notwithstanding the definition of the term

30  "expansion of an existing business" under paragraph (2)(g), at

31  the request of the local governing body recommending the

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  project and Enterprise Florida, Inc., the office may define an

 2  "expansion of an existing business" in a rural city, a rural

 3  county, or an enterprise zone as the expansion of a business

 4  resulting in a net increase in employment of less than 10

 5  percent at such business, if the merits of the individual

 6  project or the specific circumstances in the community in

 7  relationship to the project warrant such action. If the local

 8  governing body and Enterprise Florida, Inc., make such a

 9  request, it must be transmitted in writing and the specific

10  justification for the request must be explained. If the

11  director elects to accept such request, such election must be

12  stated in writing and the reason for granting the request must

13  be explained.

14         3.  The business activity or product for the

15  applicant's project is within an industry or industries that

16  have been identified by the office to be high-value-added

17  industries that contribute to the area and to the economic

18  growth of the state and that produce a higher standard of

19  living for citizens of this state in the new global economy or

20  that can be shown to make an equivalent contribution to the

21  area and state's economic progress.

22         Section 42.  Section 15.18, Florida Statutes, is

23  amended to read:

24         15.18  International and cultural relations.--The

25  Divisions of Cultural Affairs, Historical Resources, and

26  Library and Information Services of the Department of State

27  promote programs having substantial cultural, artistic, and

28  indirect economic significance that emphasize American

29  creativity. The Secretary of State, as the head administrator

30  of these divisions, shall hereafter be known as "Florida's

31  Chief Cultural Officer."  As this officer, the Secretary of

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  State is encouraged to initiate and develop relationships

 2  between the state and foreign cultural officers, their

 3  representatives, and other foreign governmental officials in

 4  order to promote Florida as the center of American creativity.

 5  The Secretary of State shall coordinate international

 6  activities pursuant to this section with Enterprise Florida,

 7  Inc., and any other organization the secretary deems

 8  appropriate the Florida International Affairs Commission.  For

 9  the accomplishment of this purpose, the Secretary of State

10  shall have the power and authority to:

11         (1)  Disseminate any information pertaining to the

12  State of Florida which promotes the state's cultural assets.

13         (2)  Plan and carry out activities designed to cause

14  improved cultural and governmental programs and exchanges with

15  foreign countries.

16         (3)  Plan and implement cultural and social activities

17  for visiting foreign heads of state, diplomats, dignitaries,

18  and exchange groups.

19         (4)  Encourage and cooperate with other public and

20  private organizations or groups in their efforts to promote

21  the cultural advantages of Florida.

22         (5)  Establish and maintain the list prescribed in s.

23  55.605(2)(g), relating to recognition of foreign money

24  judgments.

25         (6)(5)  Serve as the liaison with all foreign consular

26  and ambassadorial corps, as well as international

27  organizations, that are consistent with the purposes of this

28  section.

29         (7)(6)  Provide, arrange, and make expenditures for the

30  achievement of any or all of the purposes specified in this

31  section.

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (8)(7)  Notwithstanding the provisions of part I of

 2  chapter 287, promulgate rules for entering into contracts

 3  which are primarily for promotional services and events, which

 4  may include commodities involving a service.  Such rules shall

 5  include the authority to negotiate costs with the offerors of

 6  such services and commodities who have been determined to be

 7  qualified on the basis of technical merit, creative ability,

 8  and professional competency. The rules shall only apply to the

 9  expenditure of funds donated for promotional services and

10  events. Expenditures of appropriated funds shall be made only

11  in accordance with part I of chapter 287.

12         Section 43.  Paragraph (g) of subsection (2) of section

13  55.605, Florida Statutes, is amended to read:

14         55.605  Grounds for nonrecognition.--

15         (2)  A foreign judgment need not be recognized if:

16         (g)  The foreign jurisdiction where judgment was

17  rendered would not give recognition to a similar judgment

18  rendered in this state. For purposes of this paragraph, the

19  Secretary of State shall establish and maintain a list of

20  foreign jurisdictions where the condition specified in this

21  paragraph has been found to apply.

22         Section 44.  Sections 288.99, 288.9951, 288.9952,

23  288.9953, 288.9954, 288.9955, 288.9956, and 288.9957, Florida

24  Statutes, are designated as part XI of chapter 288, Florida

25  Statutes, and the Division of Statutory Revision is requested

26  to designate that part "Workforce Development Board."

27         Section 45.  Section 288.9620, Florida Statutes, is

28  transferred, renumbered as section 288.99, Florida Statutes,

29  and amended to read:

30         (Substantial rewording of section. See

31         s. 288.9620, F.S., for present text.)

                                  39

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         288.99  Workforce Development Board.--

 2         (1)  The Legislature finds that the growth and

 3  competitive strength of Florida's economy depend upon the

 4  state's ability to attract and support industries that add to

 5  the value of the state's social capital as well as to its

 6  economic capital. It is crucial to the retention and growth of

 7  these high-value-added industries to assure that skilled human

 8  resources are adequate in quality and quantity. The

 9  Legislature intends to adopt a uniform policy to guide

10  education, training, and employment programs, so that the

11  combined efforts of all the programs accomplish the following

12  objectives:

13         (a)  Provide for a skilled workforce to enable Florida

14  to compete in a global economy.

15         (b)  Respond to changes in technology and to emerging

16  industries.

17         (c)  Promote the development of market-driven programs

18  through a planning and funding system based upon products of

19  the Occupational Forecasting Conference created in s. 216.136.

20         (d)  Base evaluations of program success on student and

21  participant outcomes rather than processes.

22         (e)  Coordinate state, federal, local, and private

23  funds for maximum impact.

24         (f)  Encourage the participation, education, and

25  training of members of populations selected by state or

26  federal policy to receive additional resources, guidance, or

27  services. The selected populations must include people with

28  disabilities or economic disadvantages, especially those who

29  are participants in the WAGES Program, are eligible for public

30  assistance, or are dislocated workers.

31         (2)  There is created within the nonprofit corporate

                                  40

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  structure of Enterprise Florida, Inc., a nonprofit

 2  public-private Workforce Development Board.  The purpose of

 3  the Workforce Development Board, also known as the Jobs and

 4  Education Partnership, is to create a Florida economy

 5  characterized by better employment opportunities leading to

 6  higher wages by creating and maintaining a highly skilled

 7  workforce that responds to the rapidly changing technology and

 8  diversified market opportunities critical to this mission.

 9         (3)(a)  The Workforce Development Board shall be

10  governed by a board of directors consisting of the following

11  members:

12         1.  The Commissioner of Education.

13         2.  The Secretary of the Department of Elderly Affairs.

14         3.  The Secretary of the Department of Children and

15  Family Services.

16         4.  The Secretary of the Department of Labor and

17  Employment Security.

18         5.  The Chancellor of the State University System or

19  the Chancellor's designee.

20         6.  The Executive Director of the State Community

21  College System or the executive director's designee.

22         7.  A member of the Senate, to be appointed by the

23  President of the Senate as an ex officio member of the board

24  and serve at the pleasure of the President.

25         8.  A member of the House of Representatives, to be

26  appointed by the Speaker of the House of Representatives as an

27  ex officio member of the board and serve at the pleasure of

28  the Speaker.

29         9.  Eleven to 13 members from the public and private

30  sectors who possess an understanding of the broad spectrum of

31  education, training, and employment needs of the residents of

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  the state, with the majority from the private sector, to be

 2  appointed by the Governor, subject to Senate confirmation.

 3  Membership must be consistent with Pub. L. No. 97-300, as

 4  amended, including the requirement that organized labor

 5  representatives must constitute not less than 15 percent of

 6  the membership and represent those industries critical to the

 7  state's economic base, as well as that portion of the state's

 8  population which has limited employment skills and work

 9  experience. The members from the public sector must also

10  include an occupational dean of a community college and a

11  school district vocational director with responsibility for

12  postsecondary programs. The members from the private sector

13  must include a private business representative from a private

14  industry council, at least one representative of a regional

15  workforce development board, a representative of organized

16  labor, as well as two representatives from licensed, private

17  postsecondary institutions in the state currently

18  participating in vocational education and job training

19  programs provided that at least one of these members is

20  recommended by the Florida Association of Postsecondary

21  Schools and Colleges.

22         (b)  Additional members may be appointed, subject to

23  Senate confirmation, when necessary to conform to the

24  requirements of the Job Training Partnership Act or the

25  requirements of any other federal act establishing or

26  designating a Human Resources Investment Council or other

27  federal workforce development board.

28         (c)  Private-sector members appointed by the Governor

29  must be appointed for 4-year, staggered terms. Public-sector

30  members appointed by the Governor must be appointed to 4-year

31  terms. At least 50 percent of the Governor's appointees must

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  be members of regional workforce development boards. The

 2  regional workforce development boards may nominate members for

 3  the Governor's consideration.

 4         (d)  The chair of the board of directors of the

 5  Workforce Development Board and the vice chair of the board of

 6  directors of Enterprise Florida, Inc., shall jointly select a

 7  list of nominees for appointment to the board of directors of

 8  the Workforce Development Board from a slate of candidates

 9  submitted by the board of directors of Enterprise Florida,

10  Inc.  The chair of the board of directors of the Workforce

11  Development Board and vice chair of the board of directors of

12  Enterprise Florida, Inc., may request that additional

13  candidates be submitted by the board of directors of

14  Enterprise Florida, Inc., if the chair and vice chair cannot

15  agree on a list of nominees submitted.  Appointments to the

16  board of directors of the Workforce Development Board shall be

17  made by the Governor from the list of nominees jointly

18  selected by the chair of the board of directors of the

19  Workforce Development Board and vice chair of the board of

20  directors of Enterprise Florida, Inc.  Appointees shall

21  represent all geographic regions of the state, including both

22  urban and rural regions.  The importance of minority and

23  gender representation shall be considered when making

24  nominations for each position on the board of directors of the

25  Workforce Development Board.  A vacancy on the board of

26  directors of the Workforce Development Board shall be filled

27  for the remainder of the unexpired term in the same manner as

28  the original appointment.

29         (e)  The Governor shall appoint members from the public

30  sector and private sector to the board of directors of the

31  Workforce Development Board within 30 days after the receipt

                                  43

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  of the nominations from the board of directors of Enterprise

 2  Florida, Inc.

 3         (f)  A member of the board of directors of the

 4  Workforce Development Board may be removed by the Governor for

 5  cause. Absence from three consecutive meetings results in

 6  automatic removal.

 7         (4)  The board of directors of the Workforce

 8  Development Board may appoint subcommittees to fulfill its

 9  responsibilities, to comply with federal requirements, or to

10  obtain technical assistance and must incorporate members of

11  regional workforce development boards and former boards and

12  commissions into its structure. These subcommittees may

13  provide the board of directors of the Workforce Development

14  Board with technical advice, policy consultation, and

15  information about workforce development issues.

16         (5)(a)  The board of directors of the Workforce

17  Development Board shall be chaired by a board member

18  designated by the Governor.

19         (b)  The president of the Workforce Development Board

20  shall be hired by the president of Enterprise Florida, Inc.,

21  and shall serve in the capacity of an executive director and

22  secretary of the Workforce Development Board. The president of

23  Enterprise Florida, Inc., shall hire any additional staff

24  within the parameters established by the board of directors of

25  Enterprise Florida, Inc.

26         (c)  The board of directors of the Workforce

27  Development Board shall meet at least quarterly and at other

28  times upon call of its chair.

29         (d)  A majority of the total current membership of the

30  board of directors of the Workforce Development Board

31  comprises a quorum of the board.

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (e)  A majority of those voting is required to organize

 2  and conduct the business of the Workforce Development Board,

 3  except that a majority of the entire board of directors of the

 4  Workforce Development Board is required to adopt or amend the

 5  operational plan.

 6         (f)  Except as delegated or authorized by the board of

 7  directors of the Workforce Development Board, individual

 8  members have no authority to control or direct the operations

 9  of the Workforce Development Board or the actions of its

10  officers and employees, including the president.

11         (g)  The board of directors of the Workforce

12  Development Board may delegate to its president those powers

13  and responsibilities it deems appropriate.

14         (h)  Members of the board of directors of the Workforce

15  Development Board and its subcommittees shall serve without

16  compensation, but these members, the president, and all

17  employees of the Workforce Development Board may be reimbursed

18  for all reasonable, necessary, and actual expenses, as

19  determined by the board of directors of Enterprise Florida,

20  Inc.

21         (i)  The board of directors of the Workforce

22  Development Board may establish an executive committee

23  consisting of the chair and at least two additional board

24  members selected by the board of directors.  The executive

25  committee shall have such authority as the board of directors

26  of the Workforce Development Board delegates to it, except

27  that the board of directors may not delegate to the executive

28  committee authority to take action that requires approval by a

29  majority of the entire board of directors.

30         (j)  Each member of the board of directors of the

31  Workforce Development Board who is not otherwise required to

                                  45

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  file a financial disclosure pursuant to s. 8, Art. II of the

 2  State Constitution or s. 112.3144 must file disclosure of

 3  financial interests pursuant to s. 112.3145.

 4         (6)  The Workforce Development Board shall have all the

 5  powers and authority, not explicitly prohibited by statute,

 6  necessary or convenient to carry out and effectuate the

 7  purposes of this section, as well as its functions, duties,

 8  and responsibilities, including, but not limited to, the

 9  following:

10         (a)  Advising and assisting in the formulation and

11  coordination of the state's economic policy regarding

12  workforce development critical to achieve the purposes of the

13  board, as stated in this section and consistent with the

14  policies of the board of directors of Enterprise Florida, Inc.

15         (b)  Using a corporate seal.

16         (c)  Advising and assisting in developing the state's

17  strategic workforce development plan and subsequent

18  implementation plans as part of the strategic economic

19  development plan of Enterprise Florida, Inc.

20         (d)  Designing the state's workforce development

21  strategy as the state's Human Resource Investment Council,

22  recommending a market-driven, placement-based,

23  community-managed, and customer-focused workforce development

24  system and promoting that system's implementation at the state

25  and local level. The strategy should establish standards and

26  measures for job placement cost, direct customer service

27  costs, and overall service delivery costs to measure

28  performance for various categories of workers as well as

29  performance when taking into account the difficulties

30  confronted by workers. Unless otherwise required by federal

31  law, at least 90 percent of the funding covered by this

                                  46

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  strategy must go into direct customer service costs. Of the

 2  allowable administrative overhead, appropriate amounts shall

 3  be expended to procure independent job placement performance

 4  evaluations.

 5         (e)  Evaluating the performance and effectiveness of

 6  Florida's workforce development programs.

 7         (f)  Reporting to the board of directors of Enterprise

 8  Florida, Inc., regarding its recommendations, functions,

 9  duties, and responsibilities.

10         (g)  Soliciting, borrowing, accepting, receiving,

11  investing, and expending funds from any public or private

12  source.

13         (h)  Contracting with public and private entities as

14  necessary to further the directives of this section, except

15  that any contract made with an organization represented on the

16  board of directors of Enterprise Florida, Inc., or on the

17  board of directors of the Workforce Development Board must be

18  approved by a two-thirds vote of the entire board of directors

19  of the Workforce Development Board, and, if applicable, the

20  board member representing such organization shall abstain from

21  voting. No more than 65 percent of the dollar value of all

22  contracts or other agreements entered into in any fiscal year,

23  exclusive of grant programs, shall be made with an

24  organization represented on the board of directors of

25  Enterprise Florida, Inc., or the board of directors of the

26  Workforce Development Board. An organization represented on

27  the board of directors of the Workforce Development Board or

28  on the board of directors of Enterprise Florida, Inc., may not

29  enter into a contract to receive a state-funded economic

30  development incentive or similar grant, unless such incentive

31  award is specifically endorsed by a two-thirds vote of the

                                  47

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  entire board of directors of the Workforce Development Board.

 2  The member of the board of directors of the Workforce

 3  Development Board representing such organization, if

 4  applicable, shall abstain from voting and refrain from

 5  discussing the issue with other members of the board. No more

 6  than 50 percent of the dollar value of grants issued by the

 7  board in any fiscal year may go to businesses associated with

 8  members of the board of directors of the Workforce Development

 9  Board.

10         (i)  Approving an annual budget.

11         (j)  Carrying forward any unexpended state

12  appropriations into succeeding fiscal years.

13         (k)  Providing an annual report to the board of

14  directors of Enterprise Florida, Inc., by November 1 which

15  includes a copy of an annual financial and compliance audit of

16  its accounts and records conducted by an independent certified

17  public accountant and performed in accordance with rules

18  adopted by the Auditor General.

19         (l)  Serving as the designated State Human Resource

20  Investment Council, as described in Pub. L. No. 102-367, Title

21  VII, with responsibility for policy, planning, and

22  accountability for the state's workforce development strategy.

23         (m)  Working with affected communities, councils, and

24  agencies to develop and implement a transition plan

25  consolidating and coordinating these groups and their funding

26  into the state's workforce development strategy.

27         (n)  Implementing a charter process that uses regional

28  workforce development boards whose membership,

29  responsibilities, and authority must be consistent with

30  federal and state law. Such charter process must align local

31  workforce groups' resources and services under the regional

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  workforce development boards' plans to eliminate unwarranted

 2  duplication, minimize administrative costs, and increase

 3  responsiveness to business, communities, and workers.

 4         (o)  Identifying resources that can be directed to

 5  charters and designs that can make state expenditures more

 6  job-placement-focused and performance-based.

 7         (p)  Establishing procedures to award resources and

 8  incentives to chartered communities and to measure the job

 9  placement outcomes of those charters, rewarding positive

10  outcomes, and penalizing negative outcomes, ultimately

11  revoking failing charters. Notwithstanding s. 216.351, to

12  allow time for documenting program performance, funds

13  allocated for the incentives provided in this section and s.

14  239.249 must be carried forward to the next fiscal year and

15  must be awarded for the current year's performance, unless

16  federal law requires the funds to revert at the year's end.

17         (q)  Developing workforce development innovations in

18  consultation with business, labor, community groups, workforce

19  development groups, educational institutions, research groups,

20  and agencies.

21         (7)  The Workforce Development Board may take any

22  action that it deems necessary to achieve the purposes of this

23  section and consistent with the policies of the board of

24  directors of Enterprise Florida, Inc., in partnership with

25  private enterprises, public agencies, and other organizations.

26  The Workforce Development Board shall advise and make

27  recommendations to the board of directors of Enterprise

28  Florida, Inc., and through that board of directors to the

29  State Board of Education and the Legislature concerning action

30  needed to bring about the following benefits to the state's

31  social and economic resources:

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (a)  A state employment, education, and training policy

 2  that ensures that programs to prepare workers are responsive

 3  to present and future business and industry needs and

 4  complement the initiatives of the boards of Enterprise

 5  Florida, Inc.

 6         (b)  A funding system that provides incentives to

 7  improve the outcomes of vocational education programs, and of

 8  registered apprenticeship and work-based learning programs,

 9  and that focuses resources on occupations related to new or

10  emerging industries that add greatly to the value of the

11  state's economy.

12         (c)  A comprehensive approach to the education and

13  training of target populations such as those who have

14  disabilities, are economically disadvantaged, receive public

15  assistance, are not proficient in English, or are dislocated

16  workers. This approach should ensure the effective use of

17  federal, state, local, and private resources in reducing the

18  need for public assistance.

19         (d)  The designation of institutes of applied

20  technology composed of postsecondary institutions working

21  together with business and industry to ensure that technical

22  and vocational education programs use the most advanced

23  technology and instructional methods available and respond to

24  the changing needs of business and industry.

25         (e)  A system to project and evaluate labor market

26  supply and demand using the results of the Occupational

27  Forecasting Conference created in s. 216.136 and the career

28  education performance standards identified in s. 239.233.

29         (f)  A review of the performance of public programs

30  that are responsible for economic development, education,

31  employment, and training. The review must include an analysis

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  of the return on investment of these programs.

 2         (8)  By December 1 of each year, Enterprise Florida,

 3  Inc., shall submit to the Governor, the President of the

 4  Senate, the Speaker of the House of Representatives, the

 5  Senate Minority Leader, and the House Minority Leader a

 6  complete and detailed report by the Workforce Development

 7  Board setting forth:

 8         (a)  The audit in subsection (9), if conducted.

 9         (b)  The operations and accomplishments of the

10  partnership including the programs or entities listed in

11  subsection (7).

12         (9)  The Auditor General may, pursuant to his or her

13  own authority or at the direction of the Legislative Auditing

14  Committee, conduct an audit of the Workforce Development Board

15  or the programs or entities created by the Workforce

16  Development Board.

17         (10)  The Workforce Development Board, in collaboration

18  with the regional workforce development boards, the Office of

19  Program Policy Analysis and Government Accountability, and

20  appropriate state agencies and local public and private

21  service providers, must establish uniform measures and

22  standards, to gauge the performance of the workforce

23  development strategy. These measures and standards must be

24  organized into three outcome tiers.

25         (a)  The first tier must be organized to provide

26  benchmarks for systemwide outcomes. The Workforce Development

27  Board must, in collaboration with the Office of Program Policy

28  Analysis and Government Accountability, establish goals for

29  the tier one outcomes. The resources of the University of

30  Florida Bureau of Economics and Business Research, the

31  Department of Labor and Employment Security, the Commission on

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  Government Accountability to the People, the Florida Education

 2  and Training Placement Information Program, and the

 3  Occupational Forecasting Conference, as well as any other

 4  relevant federal, state, or private sources, may be consulted

 5  for assistance in establishing standards and measures, for

 6  providing data collection and ensuring data reliability, or

 7  for data evaluation and interpretation by the Workforce

 8  Development Board. Systemwide outcomes may include employment

 9  in occupations demonstrating continued growth in wages,

10  continued employment after 3, 6, 12, and 24 months, reduction

11  in and elimination of public assistance reliance, job

12  placement, employer satisfaction, and positive return on

13  investment of public resources.

14         (b)  The second tier must be organized to provide a set

15  of benchmark outcomes for each of the four strategic

16  components of the workforce development strategy. A set of

17  standards and measures must be developed for One-Stop Career

18  Centers, School-to-Work, Welfare-to-Work, and High Skills/High

19  Wage, targeting the specific goals of that particular

20  strategy. Cost per entered employment, earnings at placement,

21  retention in employment, job placement, and entered employment

22  rate must be included among the performance outcome measures.

23  The resources of the University of Florida Bureau of Economics

24  and Business Research, the Department of Labor and Employment

25  Security, the Commission on Government Accountability to the

26  People, the Florida Education and Training Placement

27  Information Program, and the Occupational Forecasting

28  Conference, as well as any other relevant federal, state, or

29  private sources, may be consulted for assistance in

30  establishing standards and measures, for providing data

31  collection and ensuring data reliability, or for data

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  evaluation and interpretation by the Workforce Development

 2  Board.

 3         1.  Appropriate measures for One-Stop Career Centers

 4  may include direct job placements at minimum wage, at a wage

 5  level established by the Occupational Forecasting Conference,

 6  and at a wage level above the level established by the

 7  Occupational Forecasting Conference.

 8         2.  Appropriate measures for the School-to-Work

 9  component may include the number of students enrolling and

10  completing work-based programs including apprenticeship

11  programs, job placement rate, job retention rate, wage at

12  placement, and wage growth.

13         3.  Welfare-to-Work measures may include job placement

14  rate, job retention rate, wage at placement, wage growth,

15  reduction and elimination of reliance on public assistance,

16  and savings resulting from reduced reliance on public

17  assistance.

18         4.  High Skills/High Wage measures may include job

19  placement rate, job retention rate, wage at placement, and

20  wage growth.

21         (c)  A third tier of measures and standards shall be

22  the operational and output measures to be used by the agency

23  implementing programs, and it may be specific to federal

24  requirements. The tier three standards must be developed by

25  the agencies implementing programs, and the Workforce

26  Development Board may be consulted in this effort. Such

27  outputs must be reported to the Workforce Development Board by

28  the appropriate implementing agency.

29         (d)  Regional differences must be reflective of the

30  establishment of performance goals and may include job

31  availability, unemployment rates, average worker wage, and

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  available employable population. All performance goals must be

 2  derived from the goals, principles, and strategies established

 3  in the Workforce Florida Act of 1996.

 4         (e)  Job placement must be reported pursuant to s.

 5  229.8075. Positive outcomes for providers of education and

 6  training must be consistent with ss. 239.233 and 239.245.

 7         (f)  The uniform measures of success that are adopted

 8  by the Workforce Development Board or the regional workforce

 9  development boards must be developed in a manner that provides

10  for an equitable comparison of the relative success or failure

11  of any service provider in terms of positive outcomes. 

12         Section 46.  Section 446.601, Florida Statutes, is

13  transferred, renumbered as section 288.9951, Florida Statutes,

14  and amended to read:

15         288.9951 446.601  Short title; legislative intent.--

16         (1)  This section may be cited as the "Workforce

17  Florida Act of 1996."

18         (2)  The goal of this section is to utilize the

19  workforce development system to upgrade dramatically

20  Floridians' workplace skills, economically benefiting the

21  workforce, employers, and the state.

22         (3)  These principles should guide the state's efforts:

23         (a)  Floridians must upgrade their skills to succeed in

24  today's workplace.

25         (b)  In business, workforce skills are the key

26  competitive advantage.

27         (c)  Workforce skills will be Florida's key

28  job-creating incentive for business.

29         (d)  Budget cuts, efficiency, effectiveness, and

30  accountability mandate the consolidation of program services

31  and the elimination of unwarranted duplication.

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (e)  Streamlined state and local partnerships must

 2  focus on outcomes, not process.

 3         (f)  Locally designed, customer-focused, market-driven

 4  service delivery works best.

 5         (g)  Job training curricula must be developed in

 6  concert with the input and needs of existing employers and

 7  businesses, and must consider the anticipated demand for

 8  targeted job opportunities, as specified by the Occupational

 9  Forecasting Conference under s. 216.136.

10         (h)  Job placement, job retention, and

11  return-on-investment should control workforce development

12  expenditures and be a part of the measure for success and

13  failure.

14         (i)  Success will be rewarded and failure will have

15  consequences.

16         (j)  Job placement success will be publicly measured

17  and reported to the Legislature.

18         (k)  Apprenticeship programs, pursuant to s. 446.011,

19  which provide a valuable opportunity for preparing citizens

20  for productive employment, will be encouraged.

21         (4)  The workforce development strategy shall be

22  designed by the Workforce Development Board Enterprise Florida

23  Jobs and Education Partnership pursuant to s. 288.99 s.

24  288.0475, and shall be centered around the four integrated

25  strategic components of One-Stop Career Centers,

26  School-to-Work, Welfare-to-Work, and High Skills/High Wage

27  Jobs.

28         (a)  One-Stop Career Centers are the state's initial

29  customer-service contact strategy for offering every Floridian

30  access, through service sites, telephone, or computer

31  networks, to the following services:

                                  55

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         1.  Job search, referral, and placement assistance.

 2         2.  Career counseling and educational planning.

 3         3.  Consumer reports on service providers.

 4         4.  Recruitment and eligibility determination.

 5         5.  Support services, including child care and

 6  transportation.

 7         6.  Employability skills training.

 8         7.  Adult education and basic skills training.

 9         8.  Technical training leading to a certification and

10  degree.

11         9.  Claim filing for unemployment compensation

12  services.

13         10.  Temporary income, health, nutritional, and housing

14  assistance.

15         11.  Child care and transportation assistance to gain

16  employment.

17         12.  Other appropriate and available workforce

18  development services.

19         (b)  School-to-Work is the state's youth and adult

20  workforce education strategy for coordinating business,

21  education, and the community to support students in achieving

22  long-term career goals, and for ensuring the workforce is

23  prepared with the academic and occupational skills required

24  for success.

25         (c)  Welfare-to-Work is the state's strategy for

26  encouraging self-sufficiency and minimizing dependence upon

27  public assistance by emphasizing job placement and transition

28  support services for welfare recipients.

29         (d)  High Skills/High Wage is the state's strategy for

30  aligning education and training programs with the Occupational

31  Forecasting Conference under s. 216.136, for meeting the job

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  demands of the state's existing businesses, and for providing

 2  a ready workforce which is integral to the state's economic

 3  development goal of attracting new and expanding businesses.

 4         (5)  The workforce development system shall utilize a

 5  charter process approach aimed at encouraging local design and

 6  control of service delivery and targeted activities.  The

 7  Workforce Development Board Enterprise Florida Jobs and

 8  Education Partnership shall be responsible for granting

 9  charters to regional workforce development boards which have a

10  membership consistent with the requirements of federal and

11  state law and which have developed a plan consistent with the

12  state's workforce development strategy and with the strategic

13  components of One-Stop Career Centers, School-to-Work,

14  Welfare-to-Work, and High Skills/High Wage. The plan shall

15  specify methods for allocating the resources and programs in a

16  manner that eliminates unwarranted duplication, minimizes

17  administrative costs, meets the existing job market demands

18  and the job market demands resulting from successful economic

19  development activities, ensures access to quality workforce

20  development services for all Floridians, and maximizes

21  successful outcomes.  As part of the charter process, the

22  Workforce Development Board Enterprise Florida Jobs and

23  Education Partnership shall establish incentives for effective

24  coordination of federal and state programs, outline rewards

25  for successful job placements, and institute collaborative

26  approaches among local service providers.  Local

27  decisionmaking and control shall be important components for

28  inclusion in this charter application.

29         Section 47.  Section 446.602, Florida Statutes, is

30  transferred, renumbered as section 288.9952, Florida Statutes,

31  and amended to read:

                                  57

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         288.9952 446.602  Regional workforce development

 2  boards.--

 3         (1)  One regional workforce development board shall be

 4  appointed in each designated service delivery area.  The

 5  membership and responsibilities of the board shall be

 6  consistent with Pub. L. No. 97-300, as amended.  The board

 7  shall be appointed by the chief elected official or his or her

 8  designee of the local county or city governing bodies or

 9  consortiums of county and/or city governmental units that

10  exist through interlocal agreements and shall include:

11         (a)  At least 51 percent of the members of each board

12  being from the private sector and being chief executives,

13  chief operating officers, owners of business concerns, or

14  other private sector executives with substantial management or

15  policy responsibility.

16         (b)  Representatives of organized labor and

17  community-based organizations, who shall constitute not less

18  than 15 percent of the board members.

19         (c)  Representatives of educational agencies, including

20  presidents of local community colleges, superintendents of

21  local school districts, licensed private postsecondary

22  educational institutions participating in vocational education

23  and job training in the state and conducting programs on the

24  Occupational Forecasting Conference list or a list validated

25  by the regional workforce development board; vocational

26  rehabilitation agencies; economic development agencies; public

27  assistance agencies; and public employment service.  One of

28  the representatives from licensed private postsecondary

29  educational institutions shall be from a degree-granting

30  institution, and one from an institution offering certificate

31  or diploma programs.  One of these members shall be a

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  nonprofit, community-based organization which provides direct

 2  job training and placement services to hard-to-serve

 3  individuals including the target population of people with

 4  disabilities.

 5

 6  The current Private Industry Council may be restructured, by

 7  local agreement, to meet the criteria for a regional workforce

 8  development board.

 9         (2)  In addition to the duties and functions specified

10  by the Workforce Development Board Enterprise Florida Jobs and

11  Education Partnership and by the interlocal agreement approved

12  by the local county or city governing bodies, the regional

13  workforce development board shall have the following

14  responsibilities:

15         (a)  Review, approve, and ratify the local Job Training

16  Partnership Act plan which also must be signed by the chief

17  elected officials.

18         (b)  Conclude agreements necessary to designate the

19  fiscal agent and administrative entity.

20         (c)  Complete assurances required for the Workforce

21  Development Board Enterprise Florida Jobs and Education

22  Partnership charter process and provide ongoing oversight

23  related to administrative costs, duplicated services, career

24  counseling, economic development, equal access, compliance and

25  accountability, and performance outcomes.

26         (3)  The Workforce Development Board Enterprise Florida

27  Jobs and Education Partnership shall, by January 1, 1997,

28  design and implement a training program for the regional

29  workforce development boards to familiarize board members with

30  the state's workforce development goals and strategies.

31

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  The regional workforce development board shall designate all

 2  local service providers and shall not transfer this authority

 3  to a third party.  In order to exercise independent oversight,

 4  the regional workforce development board shall not be a direct

 5  provider of intake, assessment, eligibility determinations, or

 6  other direct provider services.

 7         Section 48.  Section 446.603, Florida Statutes, is

 8  transferred, renumbered as section 288.9953, Florida Statutes,

 9  and amended to read:

10         288.9953 446.603  Untried Worker Placement and

11  Employment Incentive Act.--

12         (1)  This section may be cited as the "Untried Worker

13  Placement and Employment Incentive Act."

14         (2)  For purposes of this section, the term "untried

15  worker" means a person who is a hard-to-place participant in

16  the welfare-to-work programs of the Department of Labor and

17  Employment Security or the Department of Children and Family

18  Health and Rehabilitative Services because they have

19  limitations associated with the long-term receipt of welfare

20  and difficulty in sustaining employment.

21         (3)  The Department of Labor and Employment Security

22  and the Department of Children and Family Health and

23  Rehabilitative Services, working with the Workforce

24  Development Board Enterprise Florida Jobs and Education

25  Partnership, shall develop five Untried Worker Placement and

26  Employment Incentive pilot projects in at least five different

27  counties.

28         (4)  In these pilots, incentive payments will be made

29  to for-profit or not-for-profit agents selected by the

30  regional workforce development boards who successfully place

31  untried workers in full-time employment for 6 months with an

                                  60

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  employer after the employee successfully completes a

 2  probationary placement of no more than 6 months with that

 3  employer.  Full-time employment that includes health care

 4  benefits will receive an additional incentive payment.

 5         (5)  The for-profit and not-for-profit agents shall

 6  contract to provide services for no more than 1 year.

 7  Contracts may be renewed upon successful review by the

 8  contracting agent.

 9         (6)  The Department of Labor and Employment Security

10  and the Department of Children and Family Health and

11  Rehabilitative Services, working with the Workforce

12  Development Board Enterprise Florida Jobs and Education

13  Partnership, shall develop an incentive schedule that costs

14  the state less per placement than the state's 12-month

15  expenditure on a welfare recipient.

16         (7)  During an untried worker's probationary placement,

17  the for-profit or not-for-profit agent shall be the employer

18  of record of that untried worker, and shall provide workers'

19  compensation and unemployment compensation coverage as

20  provided by law.  The business employing the untried worker

21  through the agent may be eligible to apply for any tax

22  credits, wage supplementation, wage subsidy, or employer

23  payment for that employee that are authorized in law or by

24  agreement with the employer.  After satisfactory completion of

25  such a probationary period, an untried worker shall not be

26  considered an untried worker.

27         (8)  This section shall not be used for the purpose of

28  displacing or replacing an employer's regular employees, and

29  shall not interfere with executed collective bargaining

30  agreements.  Untried workers shall be paid by the employer at

31  the same rate as similarly situated and assessed workers in

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  the same place of employment.

 2         (9)  An employer that demonstrates a pattern of

 3  unsuccessful placements shall be disqualified from

 4  participation in these pilots because of poor return on the

 5  public's investment.

 6         (10)  The Department of Labor and Employment Security

 7  and the Department of Children and Family Health and

 8  Rehabilitative Services, working with the Workforce

 9  Development Board Enterprise Florida Jobs and Education

10  Partnership, may offer to any employer that chooses to employ

11  untried workers such incentives and benefits that are

12  available and provided in law, as long as the long-term, cost

13  savings can be quantified with each such additional

14  inducement.

15         (11)  Unless otherwise reenacted, this section shall be

16  repealed on July 1, 1999.

17         Section 49.  Section 446.604, Florida Statutes, is

18  transferred, renumbered as section 288.9954, Florida Statutes,

19  and amended to read:

20         288.9954 446.604  One-Stop Career Centers.--

21         (1)  The Department of Management Services shall

22  coordinate among the agencies a plan for a One-Stop Career

23  Center Electronic Network made up of One-Stop Career Centers

24  that are operated by the Department of Labor and Employment

25  Security, the Department of Children and Family Health and

26  Rehabilitative Services, the Department of Education, and

27  other authorized public or private for-profit or

28  not-for-profit agents.  The plan shall identify resources

29  within existing revenues to establish and support such

30  electronic network for service delivery that includes the

31  Florida Communities Network.

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (2)  The network shall assure that a uniform method is

 2  used to determine eligibility for and management of services

 3  provided by agencies that conduct workforce development

 4  activities.  The Department of Management Services shall

 5  develop strategies to allow access to the databases and

 6  information management systems of the following systems in

 7  order to link information in those databases with the One-Stop

 8  Career Centers:

 9         (a)  The Unemployment Compensation System of the

10  Department of Labor and Employment Security.

11         (b)  The Job Service System of the Department of Labor

12  and Employment Security.

13         (c)  The FLORIDA System and the components related to

14  Aid to Families with Dependent Children, food stamps, and

15  Medicaid eligibility.

16         (d)  The Workers' Compensation System of the Department

17  of Labor and Employment Security.

18         (e)  The Student Financial Assistance System of the

19  Department of Education.

20         (f)  Enrollment in the public postsecondary education

21  system.

22

23  The systems shall be fully coordinated at both the state and

24  local levels by July 1, 1999.

25         Section 50.  Section 446.605, Florida Statutes, is

26  transferred, renumbered as section 288.9955, Florida Statutes,

27  and amended to read:

28         288.9955 446.605  Applicability of Workforce Florida

29  Act of 1996.--Unless otherwise provided herein, the Workforce

30  Florida Act of 1996 shall apply to the State Human Resource

31  Investment Council and any regional workforce development

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  boards in existence on the effective date of such act.

 2  Regional workforce development boards shall be reconstituted,

 3  if necessary, to meet the requirements of the Workforce

 4  Florida Act of 1996.  In addition, the Workforce Development

 5  Board Enterprise Florida Jobs and Education Partnership shall

 6  review each charter granted prior to the effective date of the

 7  Workforce Florida Act of 1996 to assure its compliance with

 8  the provisions of such act.

 9         Section 51.  Section 446.606, Florida Statutes, is

10  transferred, renumbered as section 288.9956, Florida Statutes,

11  and amended to read:

12         288.9956 446.606  Designation of primary service

13  providers.--Designation of primary service providers shall not

14  be made until the regional workforce development boards have

15  been reconstituted in compliance with the Workforce Florida

16  Act of 1996.

17         Section 52.  Section 446.607, Florida Statutes, is

18  transferred, renumbered as section 288.9957, Florida Statutes,

19  and amended to read:

20         288.9957 446.607  Consultation, consolidation, and

21  coordination.--The Workforce Development Board Enterprise

22  Florida Jobs and Education Partnership and any state public

23  assistance policy board established pursuant to law shall

24  consult with each other in developing each of their statewide

25  implementation plans and strategies.  The regional workforce

26  development boards and any local public assistance policy

27  boards established pursuant to law may elect to consolidate

28  into one board provided that the consolidated board membership

29  complies with the requirements of Pub. L. No. 97-300, as

30  amended, and with any other law delineating the membership

31  requirements for either of the separate boards. The regional

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  workforce development boards and any respective local public

 2  assistance policy board established pursuant to law shall

 3  collaboratively coordinate, to the maximum extent possible,

 4  the local services and activities provided by and through each

 5  of these boards and their designated local service providers.

 6         Section 53.  Subsection (5) of section 288.902, Florida

 7  Statutes, is amended to read:

 8         288.902  Enterprise Florida Nominating Council.--

 9         (5)  Notwithstanding the provisions of ss. 288.901,

10  288.9412, 288.9512, and 288.9611, and 288.9620 regarding the

11  process of selecting nominees for a board, all nominations

12  shall be conducted in accordance with the provisions of this

13  section.  All statutory requirements of board members and all

14  statutory requirements regarding the composition of all boards

15  shall be considered and complied with throughout the

16  nominating process.

17

18

19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 109, line 1, of the amendment

22

23  after "archive" insert:

24         creating s. 288.9530, F.S.; providing for the

25         creation of the Florida Business Expansion

26         Corporation to provide business expansion

27         assistance to businesses in the state having

28         job growth or emerging technology potential;

29         creating s. 288.9531, F.S.; providing for

30         powers and duties of the corporation; creating

31         s. 288.9532, F.S., and s. 288.9533, F.S.;

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         creating the corporation board of directors and

 2         providing for their powers and duties; creating

 3         s. 288.9534, F.S.; providing that the

 4         corporation contracts with an experienced

 5         management company to administer and perform

 6         the duties of the corporation; creating s.

 7         288.9535, F.S.; creating the Florida Business

 8         Expansion Account to receive state, federal,

 9         and private financial resources for the purpose

10         of funding the objectives of the corporation;

11         creating s. 288.9536, F.S.; providing for the

12         reporting and review requirements of the

13         corporation; providing appropriations; amending

14         s. 288.075, F.S.; replacing a reference to the

15         Department of Commerce with a reference to the

16         Office of Tourism, Trade, and Economic

17         Development in the definition of "economic

18         development agency" under a provision relating

19         to the confidentiality of certain economic

20         development information; specifying that the

21         prohibition against contracting with entities

22         that have requested confidentiality concerning

23         certain economic development information does

24         not apply to a public officer or employee or an

25         economic development agency employee acting in

26         his or her official capacity; amending s.

27         288.1045, F.S.; conforming the limitation on

28         the amount of tax refunds approved for payment

29         under the qualified defense contractor tax

30         refund program to the amount appropriated by

31         the Legislature for such refunds; correcting

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                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         references relating to program administration;

 2         amending s. 288.106, F.S.; authorizing a

 3         reduced employment threshold for expanding

 4         businesses in certain rural areas or enterprise

 5         zones under the tax refund program for

 6         qualified target industry businesses;  amending

 7         s. 15.18, F.S.; providing for coordination of

 8         international activities of the Department of

 9         State; requiring the Secretary of State to

10         maintain lists relating to foreign money

11         judgments; amending s. 55.605, F.S.; requiring

12         the Secretary of State to create and maintain a

13         specified list relative to foreign money

14         judgments;  requesting designation of part XI

15         of chapter 288 as the workforce development

16         board; transferring and amending s. 288.9620,

17         F.S.; providing legislative findings; creating

18         the Workforce Development Board within

19         Enterprise Florida, Inc.; providing for a board

20         of directors and for officers and employees;

21         providing duties of the board and of its board

22         of directors; providing for reports and audits;

23         requiring measures and standards of workforce

24         development strategy; transferring and amending

25         ss. 446.601, 446.602, 446.603, 446.604,

26         446.605, 446.606, 446.607, F.S.; conforming

27         terminology and cross-references; amending s.

28         288.902, F.S.; deleting an obsolete

29         cross-reference;

30

31

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