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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5 ORIGINAL STAMP BELOW
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11 Representative(s) Valdes offered the following:
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13 Amendment to Amendment (243299) (with title amendment)
14 On page 55, between lines 28 and 29, of the amendment
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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
34
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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:
35
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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.)
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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
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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
48
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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:
49
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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
50
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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
51
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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
52
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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
53
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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:
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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
58
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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
61
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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.
62
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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
63
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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
64
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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.;
65
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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
66
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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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