Senate Bill 1566c2

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    Florida Senate - 1999                    CS for CS for SB 1566

    By the Committees on Fiscal Policy; Commerce and Economic
    Opportunities; and Senator Kirkpatrick




    309-2188-99

  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 14.2015, F.S.; revising provisions

  4         relating to the powers and duties of the Office

  5         of Tourism, Trade, and Economic Development;

  6         providing for the office to facilitate the

  7         involvement of the Governor and Lieutenant

  8         Governor in job-creating efforts; revising

  9         program cross-references; deleting provisions

10         relating to the expenditure of funds for

11         general economic development grants;

12         authorizing the expenditure of certain interest

13         earnings in order to contract for the

14         administration of programs; reducing the number

15         of meetings of leaders in business, government,

16         and economic development which the office must

17         convene annually; eliminating a required report

18         on the status of certain contracts; amending s.

19         288.0251, F.S.; changing authority to contract

20         for Florida's international volunteer corps to

21         the Department of State from the Office of

22         Tourism, Trade, and Economic Development;

23         amending s. 288.095, F.S.; revising criteria

24         for approval of applications for tax refunds

25         for economic development purposes by the Office

26         of Tourism, Trade, and Economic Development;

27         limiting the amount of refunds that may be made

28         in a fiscal year; amending s. 288.106, F.S.;

29         revising criteria for approval of tax refunds

30         under the tax-refund program for qualified

31         target industry businesses; redefining the

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  1         terms "expansion of an existing business,"

  2         "local financial support exemption option," and

  3         "rural county"; defining the term "authorized

  4         local economic development agency"; extending

  5         the refund program to additional counties;

  6         revising the amount of refunds; providing

  7         requirements for waiver of minimum standards;

  8         prescribing duties of the office director;

  9         amending s. 288.816, F.S.; creating a sister

10         city grant program under the Department of

11         State; prescribing application procedures and

12         criteria; directing the department to adopt

13         rules; amending s. 288.901, F.S.; expanding an

14         employee lease program under Enterprise

15         Florida, Inc.; revising the membership and

16         appointment process for the board of directors

17         of Enterprise Florida, Inc.; amending s.

18         288.9015, F.S.; specifying responsibilities for

19         Enterprise Florida, Inc., relating to rural

20         communities and distressed urban communities,

21         evaluation of the state's competitiveness, and

22         the needs of small and minority businesses;

23         eliminating a requirement for preparation of a

24         business guide and checklist; amending s.

25         288.90151, F.S.; expressing legislative intent

26         on the return-on-investment of public funds in

27         Enterprise Florida, Inc.; specifying

28         private-sector support for Enterprise Florida,

29         Inc.; requiring a report on the results of

30         customer satisfaction survey; amending s.

31         288.903, F.S.; revising the required membership

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  1         of the executive committee of Enterprise

  2         Florida, Inc.; deleting certain prescribed

  3         powers and duties of the president; requiring a

  4         performance-based contract in order to exceed

  5         certain employee compensation levels; amending

  6         s. 288.904, F.S.; prescribing terms of certain

  7         contracts executed by Enterprise Florida, Inc.;

  8         authorizing Enterprise Florida, Inc., to create

  9         and dissolve advisory committees and similar

10         organizations; amending s. 288.905, F.S.;

11         clarifying the duties of the board of directors

12         of Enterprise Florida, Inc.; eliminating

13         provisions governing the content of the board's

14         strategic plan; requiring involvement of

15         certain local and regional economic development

16         organizations and rural and urban organizations

17         in the policies of Enterprise Florida, Inc.;

18         revising the date for a review of Enterprise

19         Florida, Inc., by the Office of Program Policy

20         Analysis and Government Accountability;

21         amending s. 288.906, F.S.; revising

22         requirements for the annual report of

23         Enterprise Florida, Inc.; amending s. 288.9412,

24         F.S.; revising the membership of the board of

25         directors of the International Trade and

26         Economic Development Board; amending s.

27         288.9414, F.S.; revising the powers and

28         authority of the board; requiring the board to

29         convene an annual meeting of economic

30         development and international trade development

31         stakeholders; amending ss. 288.9511, 288.9515,

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  1         288.95155, 288.9519, 288.9520, 288.9603,

  2         288.9604, 288.9614, 288.9618, F.S.; conforming

  3         to the dissolution of certain boards; repealing

  4         s. 288.902, F.S., which relates to the

  5         Enterprise Florida Nominating Council;

  6         repealing s. 288.9512, F.S., which relates to

  7         the technology development board; repealing s.

  8         288.9513, F.S., which relates to the

  9         organization of the technology development

10         board; repealing s. 288.9514, F.S., which

11         relates to powers and authority of the

12         technology development board; repealing s.

13         288.9516, F.S., which relates to the annual

14         report of the technology development board;

15         repealing s. 288.9611, F.S., which relates to

16         the capital development board; repealing s.

17         288.9612, F.S., which relates to the

18         organization of the capital development board;

19         repealing s. 288.9613, F.S., which relates to

20         the powers and authority of the capital

21         development board; repealing s. 288.9615, F.S.,

22         which relates to the annual report of the

23         capital development board; providing for the

24         continuation of certain contracts; providing

25         for the transfer of certain property; directing

26         Enterprise Florida, Inc., to assume

27         responsibilities of the technology development

28         and capital development boards; directing the

29         Division of Statutory Revision to redesignate

30         certain parts in the Florida Statutes; amending

31         s. 288.99, F.S.; specifying that tax credits

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  1         vested under the Certified Capital Company Act

  2         are not to be considered in ratemaking

  3         proceedings involving a certified investor;

  4         redefining the term "transferee" for purposes

  5         of allocating unused premium tax credits;

  6         amending s. 220.191, F.S.; providing that

  7         credits may be granted against premium tax

  8         liability under the capital investment tax

  9         credit program; specifying that an insurance

10         company claiming premium tax credits under such

11         program is not required to pay additional

12         retaliatory tax under s. 624.5091, F.S.;

13         amending s. 163.3178, F.S.; requiring certain

14         ports to identify certain spoil disposal sites;

15         requiring such ports to prepare comprehensive

16         master plans; amending s. 163.3187, F.S.;

17         exempting comprehensive plan amendments for

18         port transportation facilities and projects

19         from a time limitation; amending s. 253.77,

20         F.S.; exempting certain ports from paying fees

21         for activities involving the use of sovereign

22         lands; amending s. 288.8155, F.S.; providing

23         that the International Trade Data Resource and

24         Research Center be incorporated as a private

25         nonprofit corporation, and not be a unit or

26         entity of state government; providing for the

27         creation and constitution of a board of

28         directors of the center; authorizing the center

29         to acquire patents, copyrights, and trademarks

30         on its property and publications; amending s.

31         311.07, F.S.; providing that projects eligible

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  1         for funding under the Florida Seaport

  2         Transportation and Economic Development Program

  3         must be consistent with port master plans;

  4         exempting certain port transportation

  5         facilities and projects from review as

  6         developments of regional impact; amending s.

  7         311.09, F.S.; declaring that projects eligible

  8         for funding under the Florida Seaport

  9         Transportation and Economic Development Program

10         are presumed to be in the public interest;

11         creating s. 311.101, F.S.; creating the Office

12         of Seaport and Freight Mobility Development

13         within the Office of the State Public

14         Transportation Administrator; providing duties

15         and responsibilities; creating s. 311.102,

16         F.S.; creating the Office of Seaport and

17         Freight Mobility Planning within the Office of

18         the Secretary of the Department of Community

19         Affairs; providing duties and responsibilities;

20         creating s. 311.20, F.S.; creating the

21         Northwest Florida Seaport Transportation and

22         Economic Development Council; providing for

23         membership of the council; requiring the

24         council to develop a strategic regional

25         development plan; prescribing powers of the

26         council; providing for staffing of the council;

27         amending s. 320.20, F.S., relating to the

28         disposition of motor vehicle license tax

29         moneys; providing for a portion of such moneys

30         to be deposited in the State Transportation

31         Trust Fund and used to fund the Florida Seaport

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  1         Transportation and Economic Development Program

  2         and seaport intermodal access projects of

  3         statewide significance; providing for

  4         distributing such funds on a matching basis;

  5         authorizing such funds to be used for the

  6         payment of bonds and other forms of

  7         indebtedness; requiring that certain

  8         distributions of funds be approved by the

  9         Florida Seaport Transportation and Economic

10         Development Council; amending s. 311.11, F.S.;

11         providing that the Florida Seaport

12         Transportation and Economic Development Council

13         shall develop a Seaport Training and Employment

14         Program; providing legislative purposes and

15         requirements for the program; creating s.

16         311.14, F.S.; directing the Florida Seaport

17         Transportation and Economic Development Council

18         to develop freight-mobility and trade-corridor

19         plans; amending s. 315.02, F.S.; redefining the

20         term "port facilities" to include certain

21         storage facilities used for warehousing,

22         storage, and distribution of cargo; amending s.

23         380.06, F.S.; exempting certain port projects

24         from review as developments of regional impact;

25         amending s. 380.24, F.S.; making the Department

26         of Environmental Protection exclusively

27         responsible for permitting and enforcement of

28         dredged-material management and other related

29         activities; providing an exception; creating

30         the Americas Campaign; providing legislative

31         findings related to international trade;

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  1         prescribing the elements of the Americas

  2         Campaign; designating a Campaign Council;

  3         providing for funding of the Americas Campaign;

  4         amending s. 117.01, F.S.; providing the

  5         proceeds of the application and commission fees

  6         paid by notaries public to be deposited into

  7         the Grants and Donations Trust Fund of the

  8         Department of State; amending s. 117.103, F.S.;

  9         providing procedures and effect relating to

10         issuance of certified copies of certificates of

11         notary public commission; amending s. 118.10,

12         F.S.; revising the definition and purposes of

13         "authentic act" governing civil-law notaries;

14         providing for a presumption of correctness of

15         matters incorporated into authentic acts;

16         authorizing civil-law notaries to authenticate

17         documents, transactions, events, conditions, or

18         occurrences; expanding the rulemaking authority

19         of the Secretary of State governing civil-law

20         notaries; authorizing the Secretary of State to

21         test the legal knowledge of a civil-law notary

22         applicant under certain circumstances; creating

23         s. 118.12, F.S.; authorizing the issuance of

24         certificates of notarial authority and

25         apostilles to civil-law notaries; amending s.

26         15.18, F.S.; providing for coordination of

27         international activities of the Department of

28         State; requiring the Secretary of State to

29         maintain lists relating to foreign money

30         judgments; amending s. 55.604, F.S.; requiring

31         that foreign judgments be filed with the

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  1         Secretary of State; amending s. 55.605, F.S.;

  2         requiring the Secretary of State to create and

  3         maintain a specified list relative to foreign

  4         money judgments; creating s. 257.34, F.S.;

  5         creating the Florida International Archive and

  6         Repository; providing requirements for the

  7         archive; providing for access to the archive;

  8         reviving, reenacting, and amending s. 288.012,

  9         F.S., relating to establishment and operation

10         of foreign offices by the Office of Tourism,

11         Trade, and Economic Development; abrogating the

12         repeal of the section; requiring offices to

13         report annually on activities and

14         accomplishments; prescribing the content of the

15         reports; providing for future review of foreign

16         offices; requiring Enterprise Florida, Inc., to

17         develop a master plan for integrating

18         international trade and reverse investment

19         resources; prescribing procedures, content, and

20         a submission deadline related to the plan;

21         requiring Enterprise Florida, Inc., in

22         conjunction with the Office of Tourism, Trade,

23         and Economic Development, to prepare a plan to

24         promote foreign direct investment in Florida;

25         prescribing procedures, content, and a

26         submission deadline related to the plan;

27         requiring Enterprise Florida, Inc., to develop

28         a strategic plan that will allow Florida to

29         capitalize on the economic opportunities

30         associated with a free Cuba; amending s.

31         288.1045, F.S.; conforming the limitation on

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  1         the amount of tax refunds approved for payment

  2         under the qualified defense contractor tax

  3         refund program to the amount appropriated by

  4         the Legislature for such refunds; correcting

  5         references relating to program administration;

  6         amending ss. 212.097, 212.098, F.S.; clarifying

  7         the definition of an "eligible business" under

  8         the Urban High-Crime Area Job Tax Credit

  9         Program and the Rural Job Tax Credit Program;

10         providing that certain call centers or similar

11         customer service operations are eligible

12         businesses under these programs; providing that

13         certain retail businesses are eligible

14         businesses under the Urban High-Crime Area Job

15         Tax Credit Program; making the implementation

16         of a specified provision contingent upon

17         specific appropriations; providing an effective

18         date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 14.2015, Florida Statutes, 1998

23  Supplement, is amended to read:

24         14.2015  Office of Tourism, Trade, and Economic

25  Development; creation; powers and duties.--

26         (1)  The Office of Tourism, Trade, and Economic

27  Development is created within the Executive Office of the

28  Governor.  The director of the Office of Tourism, Trade, and

29  Economic Development shall be appointed by and serve at the

30  pleasure of the Governor.

31

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  1         (2)  The purpose of the Office of Tourism, Trade, and

  2  Economic Development is to assist the Governor in working with

  3  the Legislature, state agencies, business leaders, and

  4  economic development professionals to formulate and implement

  5  coherent and consistent policies and strategies designed to

  6  provide economic opportunities for all Floridians.  To

  7  accomplish such purposes, the Office of Tourism, Trade, and

  8  Economic Development shall:

  9         (a)  Contract, notwithstanding the provisions of part I

10  of chapter 287, with the direct-support organization created

11  under s. 288.1228, or a designated Florida not-for-profit

12  corporation whose board members have had prior experience in

13  promoting, throughout the state, the economic development of

14  the Florida motion picture, television, radio, video,

15  recording, and entertainment industries, to guide, stimulate,

16  and promote the entertainment industry in the state.

17         (b)  Contract, notwithstanding the provisions of part I

18  of chapter 287, with the direct-support organization created

19  under s. 288.1229 to guide, stimulate, and promote the sports

20  industry in the state.

21         (c)  Monitor the activities of public-private

22  partnerships and state agencies in order to avoid duplication

23  and promote coordinated and consistent implementation of

24  programs in areas including, but not limited to, tourism;

25  international trade and investment; business recruitment,

26  creation, retention, and expansion; minority and small

27  business development; and rural community development.

28         (d)  Facilitate the direct involvement of the Governor

29  and the Lieutenant Governor in economic development projects

30  designed to create, expand, and retain Florida businesses and

31

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  1  to recruit worldwide business, as well as in other

  2  job-creating efforts.

  3         (e)  Assist the Governor, in cooperation with

  4  Enterprise Florida, Inc., and the Florida Commission on

  5  Tourism, in preparing an annual report to the Legislature on

  6  the state of the business climate in Florida and on the state

  7  of economic development in Florida which will include the

  8  identification of problems and the recommendation of

  9  solutions.  This report shall be submitted to the President of

10  the Senate, the Speaker of the House of Representatives, the

11  Senate Minority Leader, and the House Minority Leader by

12  January 1 of each year, and it shall be in addition to the

13  Governor's message to the Legislature under the State

14  Constitution and any other economic reports required by law.

15         (f)  Plan and conduct at least one meeting three

16  meetings per calendar year of leaders in business, government,

17  and economic development called by the Governor to address the

18  business climate in the state, develop a common vision for the

19  economic future of the state, and identify economic

20  development efforts to fulfill that vision.

21         (g)1.  Administer the Florida Enterprise Zone Act under

22  ss. 290.001-290.016, the community contribution tax credit

23  program under ss. 220.183 and 624.5105, the tax refund program

24  for qualified target industry businesses under s. 288.106, the

25  tax-refund program for qualified defense contractors under s.

26  288.1045, contracts for transportation projects under s.

27  288.063, the sports franchise facility program under s.

28  288.1162, the professional golf hall of fame facility program

29  under s. 288.1168, the expedited permitting process under s.

30  403.973 Florida Jobs Siting Act under ss. 403.950-403.972, the

31  Rural Community Development Revolving Loan Fund under s.

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  1  288.065, the Regional Rural Development Grants Program under

  2  s. 288.018, the Certified Capital Company Act under s. 288.99,

  3  the Florida State Rural Development Council, and the Rural

  4  Economic Development Initiative, and other programs that are

  5  specifically assigned to the office by law, by the

  6  appropriations process, or by the Governor. Notwithstanding

  7  any other provisions of law, the office may expend interest

  8  earned from the investment of program funds deposited in the

  9  Economic Development Trust Fund, the Grants and Donations

10  Trust Fund, the Brownfield Property Ownership Clearance

11  Assistance Revolving Loan Trust Fund, and the Economic

12  Development Transportation Trust Fund to contract for the

13  administration of the programs, or portions of the programs,

14  enumerated in this paragraph or assigned to the office by law,

15  by the appropriations process, or by the Governor. Such

16  expenditures shall be subject to review under chapter 216.

17         2.  The office may enter into contracts in connection

18  with the fulfillment of its duties concerning the Florida

19  First Business Bond Pool under chapter 159, tax incentives

20  under chapters 212 and 220, tax incentives under the Certified

21  Capital Company Act in chapter 288, foreign offices under

22  chapter 288, the Enterprise Zone program under chapter 290,

23  the Seaport Employment Training program under chapter 311, the

24  Florida Professional Sports Team License Plates under chapter

25  320, Spaceport Florida under chapter 331, Job Siting and

26  Expedited Permitting under chapter 403, and in carrying out

27  other functions that are specifically assigned to the office

28  by law, by the appropriations process, or by the Governor.

29         (h)  Serve as contract administrator for the state with

30  respect to contracts with Enterprise Florida, Inc., the

31  Florida Commission on Tourism, and all direct-support

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  1  organizations under this act, excluding those relating to

  2  tourism.  To accomplish the provisions of this act and

  3  applicable provisions of chapter 288, and notwithstanding the

  4  provisions of part I of chapter 287, the office shall enter

  5  into specific contracts with Enterprise Florida, Inc., the

  6  Florida Commission on Tourism, and other appropriate

  7  direct-support organizations. Such contracts may be multiyear

  8  and shall include specific performance measures for each year.

  9  The office shall provide the President of the Senate and the

10  Speaker of the House of Representatives with a report by

11  February 1 of each year on the status of these contracts,

12  including the extent to which specific contract performance

13  measures have been met by these contractors.

14         (i)  Prepare and submit as a separate budget entity a

15  unified budget request for tourism, trade, and economic

16  development in accordance with chapter 216 for, and in

17  conjunction with, Enterprise Florida, Inc., and its boards,

18  the Florida Commission on Tourism and its direct-support

19  organization, the Florida Black Business Investment Board, and

20  the direct-support organizations created to promote the

21  entertainment and sports industries.

22         (j)  Adopt Promulgate rules, as necessary, to carry out

23  its functions in connection with the administration of the

24  Qualified Target Industry program, the Qualified Defense

25  Contractor program, the Certified Capital Company Act, the

26  Enterprise Zone program, and the Florida First Business Bond

27  pool.

28         (3)  The Chief Inspector General, as defined in s.

29  14.32:

30

31

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  1         (a)  Shall advise public-private partnerships in their

  2  development, utilization, and improvement of internal control

  3  measures necessary to ensure fiscal accountability.

  4         (b)  May conduct, direct, and supervise audits relating

  5  to the programs and operations of public-private partnerships.

  6         (c)  Shall receive and investigate complaints of fraud,

  7  abuses, and deficiencies relating to programs and operations

  8  of public-private partnerships.

  9         (d)  May request and have access to any records, data,

10  and other information of public-private partnerships that the

11  Chief Inspector General deems necessary to carry out his or

12  her responsibilities with respect to accountability.

13         (e)  Shall monitor public-private partnerships for

14  compliance with the terms and conditions of contracts with the

15  Office of Tourism, Trade, and Economic Development and report

16  noncompliance to the Governor.

17         (f)  Shall advise public-private partnerships in the

18  development, utilization, and improvement of performance

19  measures for the evaluation of their operations.

20         (g)  Shall review and make recommendations for

21  improvements in the actions taken by public-private

22  partnerships to meet performance standards.

23         (4)  The director of the Office of Tourism, Trade, and

24  Economic Development shall designate a position within the

25  office to advocate and coordinate the interests of minority

26  businesses.  The person in this position shall report to the

27  director and shall be the primary point of contact for the

28  office on issues and projects important to the recruitment,

29  creation, preservation, and growth of minority businesses.

30         (5)  The director of the Office of Tourism, Trade, and

31  Economic Development shall designate a position within the

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  1  office to advocate and coordinate the interests of rural

  2  communities in the state.  The person in this position shall

  3  report to the director and shall be the primary point of

  4  contact for the office on issues and projects important to the

  5  economic capacity of Florida's rural communities.

  6         (6)(a)  In order to improve the state's regulatory

  7  environment, the Office of Tourism, Trade, and Economic

  8  Development shall consider the impact of agency rules on

  9  businesses, provide one-stop permit information and

10  assistance, and serve as an advocate for businesses,

11  particularly small businesses, in their dealings with state

12  agencies.

13         (b)  As used in this subsection, the term "permit"

14  means any approval of an agency required as a condition of

15  operating a business in this state, including, but not limited

16  to, licenses and registrations.

17         (c)  The office shall have powers and duties to:

18         1.  Review proposed agency actions for impacts on small

19  businesses and offer alternatives to mitigate such impacts, as

20  provided in s. 120.54.

21         2.  In consultation with the Governor's rules

22  ombudsman, make recommendations to agencies on any existing

23  and proposed rules for alleviating unnecessary or

24  disproportionate adverse effects to businesses.

25         3.  Make recommendations to the Legislature and to

26  agencies for improving permitting procedures affecting

27  business activities in the state. By October 1, 1997, and

28  annually thereafter, the Office of Tourism, Trade, and

29  Economic Development shall submit a report to the Legislature

30  containing the following:

31

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  1         a.  An identification and description of methods to

  2  eliminate, consolidate, simplify, or expedite permits.

  3         b.  An identification and description of those agency

  4  rules repealed or modified during each calendar year to

  5  improve the regulatory climate for businesses operating in the

  6  state.

  7         c.  A recommendation for an operating plan and funding

  8  level for establishing an automated one-stop permit registry

  9  to provide the following services:

10         (I)  Access by computer network to all permit

11  applications and approval requirements of each state agency.

12         (II)  Assistance in the completion of such

13  applications.

14         (III)  Centralized collection of any permit fees and

15  distribution of such fees to agencies.

16         (IV)  Submission of application data and circulation of

17  such data among state agencies by computer network.

18

19  If the Legislature establishes such a registry, subsequent

20  annual reports must cover the status and performance of this

21  registry.

22         4.  Serve as a clearinghouse for information on which

23  permits are required for a particular business and on the

24  respective application process, including criteria applied in

25  making a determination on a permit application. Each state

26  agency that requires a permit, license, or registration for a

27  business shall submit to the Office of Tourism, Trade, and

28  Economic Development by August 1 of each year a list of the

29  types of businesses and professions that it regulates and of

30  each permit, license, or registration that it requires for a

31  type of business or profession.

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  1         5.  Obtain information and permit applications from

  2  agencies and provide such information and permit applications

  3  to the public.

  4         6.  Arrange, upon request, informal conferences between

  5  a business and an agency to clarify regulatory requirements or

  6  standards or to identify and address problems in the permit

  7  review process.

  8         7.  Determine, upon request, the status of a particular

  9  permit application.

10         8.  Receive complaints and suggestions concerning

11  permitting policies and activities of governmental agencies

12  which affect businesses.

13         (d)  Use of the services authorized in this subsection

14  does not preclude a person or business from dealing directly

15  with an agency.

16         (e)  In carrying out its duties under this subsection,

17  the Office of Tourism, Trade, and Economic Development may

18  consult with state agency personnel appointed to serve as

19  economic development liaisons under s. 288.021.

20         (f)  The office shall clearly represent that its

21  services are advisory, informational, and facilitative only.

22  Advice, information, and assistance rendered by the office

23  does not relieve any person or business from the obligation to

24  secure a required permit. The office is not liable for any

25  consequences resulting from the failure to issue or to secure

26  a required permit. However, an applicant who uses the services

27  of the office and who receives a written statement identifying

28  required state permits relating to a business activity may not

29  be assessed a penalty for failure to obtain a state permit

30  that was not identified, if the applicant submits an

31  application for each such permit within 60 days after written

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  1  notification from the agency responsible for issuing the

  2  permit.

  3         (7)  The Office of Tourism, Trade, and Economic

  4  Development shall develop performance measures, standards, and

  5  sanctions for each program it administers under this act and,

  6  in conjunction with the applicable entity, for each program

  7  for which it contracts with another entity under this act.

  8  The performance measures, standards, and sanctions shall be

  9  developed in consultation with the legislative appropriations

10  committees and the appropriate substantive committees, and are

11  subject to the review and approval process provided in s.

12  216.177.  The approved performance measures, standards, and

13  sanctions shall be included and made a part of each contract

14  entered into for delivery of programs authorized by this act.

15         (8)  The Office of Tourism, Trade, and Economic

16  Development shall ensure that the contract between the Florida

17  Commission on Tourism and the commission's direct-support

18  organization contains a provision to provide the data on the

19  visitor counts and visitor profiles used in revenue

20  estimating, employing the same methodology used in fiscal year

21  1995-1996 by the Department of Commerce. The Office of

22  Tourism, Trade, and Economic Development and the Florida

23  Commission on Tourism must reach agreement with the Consensus

24  Estimating Conference principals before making any changes in

25  methodology used or information gathered.

26         (9)(a)  Subject to the cooperative recommendations of

27  Enterprise Florida, Inc., and the Florida Commission on

28  Tourism and also to the approval of the Governor, the Office

29  of Tourism, Trade, and Economic Development is authorized to

30  expend appropriated state and federal funds for general

31  economic development grants. The office shall establish

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  1  criteria for the award of grants, including criteria relating

  2  to highest economic return for the state as a whole, or a

  3  particular region, county, city, or community, ability to

  4  properly administer grant funds, and such other matters deemed

  5  necessary and appropriate to further the purposes of this

  6  subsection. The office shall expend all funds in accordance

  7  with state law and shall use such appropriations to supplement

  8  the financial support of:

  9         1.  Programs that have a substantial economic

10  significance, giving emphasis to programs that benefit the

11  state as a whole.

12         2.  Programs with a high potential for match funding

13  from nonstate sources.

14         3.  Economic development programs for which no other

15  state grants are available.

16         4.  Rural areas and distressed urban areas.

17         (b)  Grants shall be made by contract with any

18  nonprofit corporation or local or state governmental entity.

19  Of the total amount of funds available from all sources for

20  grants, 70 percent of such funds shall be awarded on a

21  50-percent matching basis. Up to 30 percent of such funds

22  available may be awarded on a nonmatching basis.

23         (c)  In administering grants, contracts, and funds

24  appropriated for economic development programs, the office may

25  release moneys in advance on a quarterly basis. By the end of

26  the contract period, the grantee or contractee shall furnish

27  to the office a complete and accurate accounting of how all

28  grant funds were expended. Postaudits to be conducted by an

29  independent certified public accountant may be required in

30  accordance with criteria adopted by the office.

31

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  1         (d)  The office shall not award any new grant which

  2  will, in whole or in part, inure to the personal benefit of

  3  any board member of Enterprise Florida, Inc., or the Florida

  4  Commission on Tourism during that member's term of office, if

  5  the board member participated in the vote of the board or

  6  panel thereof recommending the award. However, this subsection

  7  does not prohibit the office from awarding a grant to an

  8  entity with which a board member is associated.

  9         (e)  This subsection is repealed on July 1, 1999.

10         Section 2.  Section 288.0251, Florida Statutes, is

11  amended to read:

12         288.0251  International development outreach activities

13  in Latin America and Caribbean Basin.--The Department of State

14  Office of Tourism, Trade, and Economic Development may

15  contract for the implementation of Florida's international

16  volunteer corps to provide short-term training and technical

17  assistance activities in Latin America and the Caribbean

18  Basin. The entity contracted under this section must require

19  that such activities be conducted by qualified volunteers who

20  are citizens of the state.  The contracting agency must have a

21  statewide focus and experience in coordinating international

22  volunteer programs.

23         Section 3.  Paragraphs (a) and (b) of subsection (3) of

24  section 288.095, Florida Statutes, are amended to read:

25         288.095  Economic Development Trust Fund.--

26         (3)(a)  Contingent upon an annual appropriation by the

27  Legislature, The Office of Tourism, Trade, and Economic

28  Development may approve applications for certification tax

29  refunds pursuant to ss. 288.1045(3) and ss. 288.1045, 288.106,

30  and 288.107. However, in no case may the total state share of

31  tax refund payments scheduled in all active certifications for

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  1  any one fiscal year exceed $35 million.  The office may not

  2  approve tax refunds in excess of the amount appropriated to

  3  the Economic Development Incentives Account for such tax

  4  refunds, for a fiscal year pursuant to paragraph (b).

  5         (b)  The total amount of tax refund claims refunds

  6  approved for payment by the Office of Tourism, Trade, and

  7  Economic Development based on actual project performance may

  8  pursuant to ss. 288.1045, 288.106, and 288.107 shall not

  9  exceed the amount appropriated to the Economic Development

10  Incentives Account for such purposes for the fiscal year. In

11  the event the Legislature does not appropriate an amount

12  sufficient to satisfy projections by the office for tax

13  refunds under ss. 288.1045 and, 288.106, and 288.107 in a

14  fiscal year, the Office of Tourism, Trade, and Economic

15  Development shall, not later than July 15 of such year,

16  determine the proportion of each refund claim which shall be

17  paid by dividing the amount appropriated for tax refunds for

18  the fiscal year by the projected total of refund claims for

19  the fiscal year. The amount of each claim for a tax refund

20  shall be multiplied by the resulting quotient. If, after the

21  payment of all such refund claims, funds remain in the

22  Economic Development Incentives Account for tax refunds, the

23  office shall recalculate the proportion for each refund claim

24  and adjust the amount of each claim accordingly.

25         Section 4.  Section 288.106, Florida Statutes, 1998

26  Supplement, is amended to read:

27         288.106  Tax refund program for qualified target

28  industry businesses.--

29         (1)  LEGISLATIVE FINDINGS AND DECLARATIONS.--The

30  Legislature finds that attracting, retaining, and providing

31  favorable conditions for the growth of target industries

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  1  provides high-quality employment opportunities for citizens of

  2  this state and enhances the economic foundations of this

  3  state. It is the policy of this state to encourage the growth

  4  of a high-value-added employment and economic base by

  5  providing tax refunds to qualified target industry businesses

  6  that create new high-wage employment opportunities in this

  7  state by expanding existing businesses within this state or by

  8  bringing new businesses to this state.

  9         (2)  DEFINITIONS.--As used in this section:

10         (a)  "Account" means the Economic Development

11  Incentives Account within the Economic Development Trust Fund

12  established under s. 288.095.

13         (b)  "Average private sector wage in the area" means

14  the statewide private sector average wage or the average of

15  all private sector wages and salaries in the county or in the

16  standard metropolitan area in which the business is located.

17         (c)  "Business" means an employing unit, as defined in

18  s. 443.036, which is registered with the Department of Labor

19  and Employment Security for unemployment compensation purposes

20  or a subcategory or division of an employing unit which is

21  accepted by the Department of Labor and Employment Security as

22  a reporting unit.

23         (d)  "Corporate headquarters business" means an

24  international, national, or regional headquarters office of a

25  multinational or multistate business enterprise or national

26  trade association, whether separate from or connected with

27  other facilities used by such business.

28         (e)  "Office" means the Office of Tourism, Trade, and

29  Economic Development.

30         (f)  "Enterprise zone" means an area designated as an

31  enterprise zone pursuant to s. 290.0065.

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  1         (g)  "Expansion of an existing business" means the

  2  expansion of an existing Florida a business by or through

  3  additions to real and personal property on a site colocated

  4  with a commercial or industrial operation owned by the same

  5  business, resulting in a net increase in employment of not

  6  less than 10 percent at such business.

  7         (h)  "Fiscal year" means the fiscal year of the state.

  8         (i)  "Jobs" means full-time equivalent positions, as

  9  such terms are consistent with terms used by the Department of

10  Labor and Employment Security and the United States Department

11  of Labor for purposes of unemployment compensation tax

12  administration and employment estimation, resulting directly

13  from a project in this state. This number shall not include

14  temporary construction jobs involved with the construction of

15  facilities for the project or any jobs which have previously

16  been included in any application for tax refunds under s.

17  288.104 or this section.

18         (j)  "Local financial support" means funding from local

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

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

21  annual tax refund for a qualified target industry business. A

22  qualified target industry business may not provide, directly

23  or indirectly, more than 5 percent of such funding in any

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

25  directly or indirectly, state funds appropriated from the

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

27  revenues shared with local governments pursuant to law.

28         (k)  "Local financial support exemption option" means

29  the option to exercise an exemption from the local financial

30  support requirement available to any applicant whose project

31  is located in a county with a population of 75,000 or fewer or

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  1  a county with a population of 100,000 or fewer which is

  2  contiguous to a county with a population of 75,000 or fewer

  3  designated by the Rural Economic Development Initiative. Any

  4  applicant that exercises this option shall not be eligible for

  5  more than 80 percent of the total tax refunds allowed such

  6  applicant under this section.

  7         (l)  "New business" means a business which heretofore

  8  did not exist in this state, first beginning operations on a

  9  site located in this state and clearly separate from any other

10  commercial or industrial operations owned by the same

11  business.

12         (m)  "Project" means the creation of a new business or

13  expansion of an existing business.

14         (n)  "Director" means the Director of the Office of

15  Tourism, Trade, and Economic Development.

16         (o)  "Target industry business" means a corporate

17  headquarters business or any business that is engaged in one

18  of the target industries identified pursuant to the following

19  criteria developed by the office in consultation with

20  Enterprise Florida, Inc.:

21         1.  Future growth.--Industry forecasts should indicate

22  strong expectation for future growth in both employment and

23  output, according to the most recent available data.  Special

24  consideration should be given to Florida's growing access to

25  international markets or to replacing imports.

26         2.  Stability.--The industry should not be subject to

27  periodic layoffs, whether due to seasonality or sensitivity to

28  volatile economic variables such as weather.  The industry

29  should also be relatively resistant to recession, so that the

30  demand for products of this industry is not necessarily

31  subject to decline during an economic downturn.

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  1         3.  High wage.--The industry should pay relatively high

  2  wages compared to statewide or area averages.

  3         4.  Market and resource independent.--The location of

  4  industry businesses should not be dependent on Florida markets

  5  or resources as indicated by industry analysis.

  6         5.  Industrial base diversification and

  7  strengthening.--The industry should contribute toward

  8  expanding or diversifying the state's or area's economic base,

  9  as indicated by analysis of employment and output shares

10  compared to national and regional trends.  Special

11  consideration should be given to industries that strengthen

12  regional economies by adding value to basic products or

13  building regional industrial clusters as indicated by industry

14  analysis.

15         6.  Economic benefits.--The industry should have strong

16  positive impacts on or benefits to the state and regional

17  economies.

18

19  The office, in consultation with Enterprise Florida, Inc.,

20  shall develop a list of such target industries annually and

21  submit such list as part of the final agency legislative

22  budget request submitted pursuant to s. 216.023(1). A target

23  industry business may not include any industry engaged in

24  retail activities; any electrical utility company; any

25  phosphate or other solid minerals severance, mining, or

26  processing operation; any oil or gas exploration or production

27  operation; or any firm subject to regulation by the Division

28  of Hotels and Restaurants of the Department of Business and

29  Professional Regulation.

30         (p)  "Taxable year" means taxable year as defined in s.

31  220.03(1)(z).

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  1         (q)  "Qualified target industry business" means a

  2  target industry business that has been approved by the

  3  director to be eligible for tax refunds pursuant to this

  4  section.

  5         (r)  "Rural county" means a county with a population of

  6  75,000 or fewer or a county with a population of 100,000 or

  7  fewer which is contiguous to a county with a population of

  8  75,000 or fewer less.

  9         (s)  "Rural city" means a city with a population of

10  10,000 or less, or a city with a population of greater than

11  10,000 but less than 20,000 which has been determined by the

12  Office of Tourism, Trade, and Economic Development to have

13  economic characteristics such as, but not limited to, a

14  significant percentage of residents on public assistance, a

15  significant percentage of residents with income below the

16  poverty level, or a significant percentage of the city's

17  employment base in agriculture-related industries.

18         (t)  "Authorized local economic development agency"

19  means any public or private entity, including those defined in

20  s. 288.075, authorized by a county or municipality to promote

21  the general business or industrial interests of that county or

22  municipality.

23         (3)  TAX REFUND; ELIGIBLE AMOUNTS.--

24         (a)  There shall be allowed, from the account, a refund

25  to a qualified target industry business for the amount of

26  eligible taxes certified by the director which were paid by

27  such business. The total amount of refunds for all fiscal

28  years for each qualified target industry business must be

29  determined pursuant to subsection (4). The annual amount of a

30  refund to a qualified target industry business must be

31  determined pursuant to subsection (6).

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  1         (b)  Upon approval by the director, a qualified target

  2  industry business shall be allowed tax refund payments equal

  3  to $3,000 times the number of jobs specified in the tax refund

  4  agreement under subparagraph (5)(a)1., or equal to $6,000

  5  times the number of jobs if the project is located in a rural

  6  county or an enterprise zone. Further, a qualified target

  7  industry business shall be allowed additional tax refund

  8  payments equal to $1,000 times the number of jobs specified in

  9  the tax refund agreement under subparagraph (5)(a)1., if such

10  jobs pay an annual average wage of at least 150 percent of the

11  average private-sector wage in the area, or equal to $2,000

12  times the number of jobs if such jobs pay an annual average

13  wage of at least 200 percent of the average private-sector

14  wage in the area. The director may approve a qualified target

15  industry business to receive tax refund payments of up to

16  $5,000 times the number of jobs specified in the tax refund

17  agreement under subparagraph (5)(a)1., or up to $7,500 times

18  the number of jobs if the project is located in an enterprise

19  zone. A qualified target industry business may not receive

20  refund payments of more than 25 percent of the total tax

21  refunds specified in the tax refund agreement under

22  subparagraph (5)(a)1. in any fiscal year. Further, a qualified

23  target industry business may not receive more than $1.5

24  million in refunds under this section in any single fiscal

25  year, or more than $2.5 million in any single fiscal year if

26  the project is located in an enterprise zone. A qualified

27  target industry may not receive more than $5 million in refund

28  payments under this section in all fiscal years, or more than

29  $7.5 million if the project is located in an enterprise zone.

30  Funds made available pursuant to this section may not be

31  expended in connection with the relocation of a business from

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  1  one community to another community in this state unless the

  2  Office of Tourism, Trade, and Economic Development determines

  3  that without such relocation the business will move outside

  4  this state or determines that the business has a compelling

  5  economic rationale for the relocation and that the relocation

  6  will create additional jobs.

  7         (c)  After entering into a tax refund agreement under

  8  subsection (5), a qualified target industry business may:

  9         1.  Receive refunds from the account for the following

10  taxes due and paid by that business beginning with the first

11  taxable year of the business which begins after entering into

12  the agreement:

13         1.  Taxes on sales, use, and other transactions under

14  chapter 212.

15         a.2.  Corporate income taxes under chapter 220.

16         3.  Intangible personal property taxes under chapter

17  199.

18         4.  Emergency excise taxes under chapter 221.

19         5.  Excise taxes on documents under chapter 201.

20         6.  Ad valorem taxes paid, as defined in s. 220.03(1).

21         b.7.  Insurance premium tax under s. 624.509.

22         2.  Receive refunds from the account for the following

23  taxes due and paid by that business after entering into the

24  agreement:

25         a.  Taxes on sales, use, and other transactions under

26  chapter 212.

27         b.  Intangible personal property taxes under chapter

28  199.

29         c.  Emergency excise taxes under chapter 221.

30         d.  Excise taxes on documents under chapter 201.

31         e.  Ad valorem taxes paid, as defined in s. 220.03(1).

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  1         (d)  However, a qualified target industry business may

  2  not receive a refund under this section for any amount of

  3  credit, refund, or exemption granted to that business for any

  4  of such taxes. If a refund for such taxes is provided by the

  5  office, which taxes are subsequently adjusted by the

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

  7  qualified target industry business other than as provided in

  8  this section, the business shall reimburse the account for the

  9  amount of that credit, refund, or exemption. A qualified

10  target industry business shall notify and tender payment to

11  the office within 20 days after receiving any credit, refund,

12  or exemption other than one provided in this section.

13         (e)(d)  A qualified target industry business that

14  fraudulently claims a refund under this section:

15         1.  Is liable for repayment of the amount of the refund

16  to the account, plus a mandatory penalty in the amount of 200

17  percent of the tax refund which shall be deposited into the

18  General Revenue Fund.

19         2.  Is guilty of a felony of the third degree,

20  punishable as provided in s. 775.082, s. 775.083, or s.

21  775.084.

22         (4)  APPLICATION AND APPROVAL PROCESS.--

23         (a)  To apply for certification as a qualified target

24  industry business under this section, the business must file

25  an application with the office before the business has made

26  the decision to locate a new business in this state or before

27  the business had made the decision to expand an existing

28  business in this state. The application shall include, but is

29  not limited to, the following information:

30

31

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  1         1.  The applicant's federal employer identification

  2  number and the applicant's state sales tax registration

  3  number.

  4         2.  The permanent location of the applicant's facility

  5  in this state at which the project is or is to be located.

  6         3.  A description of the type of business activity or

  7  product covered by the project, including four-digit SIC codes

  8  for all activities included in the project.

  9         4.  The number of full-time equivalent jobs in this

10  state that are or will be dedicated to the project and the

11  average wage of those jobs. If more than one type of business

12  activity or product is included in the project, the number of

13  jobs and average wage for those jobs must be separately stated

14  for each type of business activity or product.

15         5.  The total number of full-time equivalent employees

16  employed by the applicant in this state.

17         6.  The anticipated commencement date of the project.

18         7.  The amount of:

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

20  under chapter 212;

21         b.  Corporate income taxes paid under chapter 220;

22         c.  Intangible personal property taxes paid under

23  chapter 199;

24         d.  Emergency excise taxes paid under chapter 221; and

25         e.  Excise taxes on documents paid under chapter 201.

26         8.  The estimated amount of tax refunds to be claimed

27  in each fiscal year.

28         7.9.  A brief statement concerning the role that the

29  tax refunds requested will play in the decision of the

30  applicant to locate or expand in this state.

31

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  1         8.10.  An estimate of the proportion of the sales

  2  resulting from the project that will be made outside this

  3  state.

  4         9.11.  A resolution adopted by the governing board of

  5  the county or municipality in which the project will be

  6  located, which resolution recommends that certain types of

  7  businesses be approved as a qualified target industry business

  8  and states that the commitments of local financial support

  9  necessary for the target industry business exist. In advance

10  of the passage of such resolution, the office may also accept

11  an official letter from an authorized local economic

12  development agency that endorses the proposed target industry

13  project and pledges that sources of local financial support

14  for such project exist. For the purposes of making pledges of

15  local financial support under this subsection, the authorized

16  local economic development agency shall be officially

17  designated by the passage of a one-time resolution by the

18  local governing authority.  Before adoption of the resolution,

19  the governing board may review the proposed public or private

20  sources of such support and determine whether the proposed

21  sources of local financial support can be provided.

22         10.12.  Any additional information requested by the

23  office.

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

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

26  establish the following to the satisfaction of the office:

27         1.  The jobs proposed to be provided under the

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

29  estimated annual average wage equaling at least 115 percent of

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

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

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  1  The office may waive this average wage requirement at the

  2  request of the local governing body recommending the project

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

  4  waived for a project located in a brownfield area designated

  5  under s. 376.80 or in a rural city or county or in an

  6  enterprise zone and only when the merits of the individual

  7  project or the specific circumstances in the community in

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

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

10  recommendation, it must be transmitted in writing and the

11  specific justification for the waiver recommendation must be

12  explained.  If the director elects to waive the wage

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

14  reasons for granting the waiver must be explained.

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

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

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

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

19  business. Notwithstanding the definition of the term

20  "expansion of an existing business" in paragraph (2)(g), at

21  the request of the local governing body recommending the

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

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

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

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

26  percent at such business if the merits of the individual

27  project or the specific circumstances in the community in

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

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

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

31  justification for the request must be explained. If the

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  1  director elects to grant such request, such election must be

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

  3  be explained.

  4         3.  The business activity or product for the

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

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

  7  industries that contribute to the area and to the economic

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

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

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

11  area and state's economic progress.  The director must approve

12  requests to waive the wage requirement for brownfield areas

13  designated under s. 376.80 unless it is demonstrated that such

14  action is not in the public interest.

15         (c)  Each application meeting the requirements of

16  paragraph (b) must be submitted to the office for

17  determination of eligibility. The office shall review and

18  evaluate each application based on, but not limited to, the

19  following criteria:

20         1.  Expected contributions to the state strategic

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

22  taking into account the long-term effects of the project and

23  of the applicant on the state economy.

24         2.  The economic benefit of the jobs created by the

25  project in this state, taking into account the cost and

26  average wage of each job created.

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

28  applicant in this state.

29         4.  The local commitment and support for the project.

30

31

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  1         5.  The effect of the project on the local community,

  2  taking into account the unemployment rate for the county where

  3  the project will be located.

  4         6.  The effect of any tax refunds granted pursuant to

  5  this section on the viability of the project and the

  6  probability that the project will be undertaken in this state

  7  if such tax refunds are granted to the applicant, taking into

  8  account the expected long-term commitment of the applicant to

  9  economic growth and employment in this state.

10         7.  The expected long-term commitment to this state

11  resulting from the project.

12         8.  A review of the business's past activities in this

13  state or other states, including whether such business has

14  been subjected to criminal or civil fines and penalties.

15  Nothing in this subparagraph shall require the disclosure of

16  confidential information.

17         (d)  The office shall forward its written findings and

18  evaluation concerning each application meeting the

19  requirements of paragraph (b) to the director within 45

20  calendar days after receipt of a complete application. The

21  office shall notify each target industry business when its

22  application is complete, and of the time when the 45-day

23  period begins. In its written report to the director, the

24  office shall specifically address each of the factors

25  specified in paragraph (c) and shall make a specific

26  assessment with respect to the minimum requirements

27  established in paragraph (b). The office shall include in its

28  report projections of the tax refund claim that will be sought

29  by the target industry business in each fiscal year based on

30  the information submitted in the application.

31

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  1         (e)1.  Within 30 days after receipt of the office's

  2  findings and evaluation, the director shall issue a letter of

  3  certification enter a final order that either approves or

  4  disapproves the application of the target industry business.

  5  The decision must be in writing and must provide the

  6  justifications for approval or disapproval.

  7         2.  If appropriate, the director shall enter into a

  8  written agreement with the qualified target industry business

  9  pursuant to subsection (5).

10         (f)  The director may not certify enter a final order

11  that certifies any target industry business as a qualified

12  target industry business if the value of tax refunds to be

13  included in that letter of certification final order exceeds

14  the available amount of authority to certify new businesses

15  enter final orders as determined in s. 288.095(3). However, if

16  the commitments of local financial support represent less than

17  20 percent of the eligible tax refund payments, or to

18  otherwise preserve the viability and fiscal integrity of the

19  program, the director may certify a qualified target industry

20  business to receive tax refund payments of less than the

21  allowable amounts specified in paragraph (3)(b). A letter of

22  certification final order that approves an application must

23  specify the maximum amount of tax refund that will be

24  available to the qualified industry business in each fiscal

25  year and the total amount of tax refunds that will be

26  available to the business for all fiscal years.

27         (g)  Nothing in this section shall create a presumption

28  that an applicant will receive any tax refunds under this

29  section. However, the office may issue nonbinding opinion

30  letters, upon the request of prospective applicants, as to the

31  applicants' eligibility and the potential amount of refunds.

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  1         (5)  TAX REFUND AGREEMENT.--

  2         (a)  Each qualified target industry business must enter

  3  into a written agreement with the office which specifies, at a

  4  minimum:

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

  6  this state that will be dedicated to the project, the average

  7  wage of those jobs, the definitions that will apply for

  8  measuring the achievement of these terms during the pendency

  9  of the agreement, and a time schedule or plan for when such

10  jobs will be in place and active in this state. This

11  information must be the same as the information contained in

12  the application submitted by the business under subsection

13  (4).

14         2.  The maximum amount of tax refunds which the

15  qualified target industry business is eligible to receive on

16  the project and the maximum amount of a tax refund that the

17  qualified target industry business is eligible to receive in

18  each fiscal year.

19         3.  That the office may review and verify the financial

20  and personnel records of the qualified target industry

21  business to ascertain whether that business is in compliance

22  with this section.

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

24  qualified target industry business may file an annual claim

25  under subsection (6).

26         5.  That local financial support will be annually

27  available and will be paid to the account. The director may

28  not enter into a written agreement with a qualified target

29  industry business if the local financial support resolution is

30  not passed by the local governing authority within 90 days

31

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  1  after he has issued the letter of certification under

  2  subsection (4).

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

  4  agreement is a condition precedent for the receipt of a tax

  5  refund each year. The failure to comply with the terms and

  6  conditions of the tax refund agreement results in the loss of

  7  eligibility for receipt of all tax refunds previously

  8  authorized under this section and the revocation by the

  9  director of the certification of the business entity as a

10  qualified target industry business.

11         (c)  The agreement must be signed by the director and

12  by an authorized officer of the qualified target industry

13  business within 120 30 days after the issuance of the letter

14  of certification entry of a final order certifying the

15  business entity as a qualified target industry business under

16  subsection (4), but not before passage and receipt of the

17  resolution of local financial support.

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

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

20  points in size: "This agreement is neither a general

21  obligation of the State of Florida, nor is it backed by the

22  full faith and credit of the State of Florida. Payment of tax

23  refunds are conditioned on and subject to specific annual

24  appropriations by the Florida Legislature of moneys sufficient

25  to pay amounts authorized in section 288.106, Florida

26  Statutes."

27         (6)  ANNUAL CLAIM FOR REFUND.--

28         (a)  A qualified target industry business that has

29  entered into a tax refund agreement with the office under

30  subsection (5) may apply once each fiscal year to the office

31

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  1  for a tax refund. The application must be made on or after the

  2  date specified in that agreement.

  3         (b)  The claim for refund by the qualified target

  4  industry business must include a copy of all receipts

  5  pertaining to the payment of taxes for which the refund is

  6  sought and data related to achievement of each performance

  7  item specified in the tax refund agreement. The amount

  8  requested as a tax refund may not exceed the amount specified

  9  for that fiscal year in that agreement.

10         (c)  A tax refund may not be approved for a qualified

11  target industry business unless the required local financial

12  support has been paid into the account in that fiscal year. If

13  the local financial support provided is less than 20 percent

14  of the approved tax refund, the tax refund must be reduced. In

15  no event may the tax refund exceed an amount that is equal to

16  5 times the amount of the local financial support received.

17  Further, funding from local sources includes any tax abatement

18  granted to that business under s. 196.1995 or the appraised

19  market value of municipal or county land conveyed or provided

20  at a discount to that business. ; and The amount of any tax

21  refund for such business approved under this section must be

22  reduced by the amount of any such tax abatement granted or the

23  value of the land granted; and the limitations in subsection

24  (3) and paragraph (4)(f) must be reduced by the amount of any

25  such tax abatement or the value of the land granted. A report

26  listing all sources of the local financial support shall be

27  provided to the office when such support is paid to the

28  account.

29         (d)  A prorated tax refund, less a 5-percent penalty,

30  shall be approved for a qualified target industry business

31  provided all other applicable requirements have been satisfied

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  1  and the business proves to the satisfaction of the director

  2  that it has achieved at least 80 percent of its projected

  3  employment.

  4         (e)  The director, with such assistance as may be

  5  required from the office, the Department of Revenue, or the

  6  Department of Labor and Employment Security, shall specify by

  7  written final order the amount of the tax refund that is

  8  authorized for the qualified target industry business for the

  9  fiscal year within 30 days after the date that the claim for

10  the annual tax refund is received by the office.

11         (f)  The total amount of tax refund claims refunds

12  approved by the director under this section in any fiscal year

13  must not exceed the amount authorized under s. 288.095(3).

14         (g)  Upon approval of the tax refund under paragraphs

15  (c), (d), and (e), the Comptroller shall issue a warrant for

16  the amount specified in the final order. If the final order is

17  appealed, the Comptroller may not issue a warrant for a refund

18  to the qualified target industry business until the conclusion

19  of all appeals of that order.

20         (7)  ADMINISTRATION.--

21         (a)  The office is authorized to verify information

22  provided in any claim submitted for tax credits under this

23  section with regard to employment and wage levels or the

24  payment of the taxes to the appropriate agency or authority,

25  including the Department of Revenue, the Department of Labor

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

27         (b)  To facilitate the process of monitoring and

28  auditing applications made under this program, the office may

29  provide a list of qualified target industry businesses to the

30  Department of Revenue, to the Department of Labor and

31  Employment Security, or to any local government or authority.

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  1  The office may request the assistance of those entities with

  2  respect to monitoring the payment of the taxes listed in

  3  subsection (3).

  4         (8)  EXPIRATION.--This section expires June 30, 2004.

  5         Section 5.  Present subsections (4), (5), and (6) of

  6  section 288.816, Florida Statutes, are redesignated as

  7  subsections (5), (6), and (7), respectively, and a new

  8  subsection (4) is added to that section to read:

  9         288.816  Intergovernmental relations.--

10         (4)(a)  There is created under the Department of State

11  a sister city grants program to provide support and financial

12  assistance to those municipalities and counties in this state

13  which develop international affiliations with foreign

14  governments, or political subdivisions thereof, important to

15  the diplomatic, cultural, historic, and economic development

16  of this state. Under this program, the Department of State may

17  accept and administer moneys appropriated to it for providing

18  grants to municipalities and counties that have registered

19  sister city affiliations with the department under subsection

20  (3).

21         (b)  A municipality or county that has registered a

22  sister city affiliation with the department under subsection

23  (3) may apply for a grant of state funds to support programs

24  under its sister city affiliation which benefit the

25  international relations of this state through the interchange

26  of people, ideas, and culture between the foreign government,

27  or a political subdivision thereof, and this state.

28         (c)  The Office of International Affairs within the

29  Department of State shall review each application that is

30  submitted under paragraph (b) and shall submit annually to the

31  Secretary of State for approval lists of all applications that

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  1  are recommended by the Office of International Affairs for the

  2  award of grants, arranged in order of priority. When

  3  recommending applications, the Office of International Affairs

  4  shall seek the advice of the Office of Tourism, Trade, and

  5  Economic Development and Enterprise Florida, Inc., to maximize

  6  the use of sister city affiliations to enhance tourism,

  7  international trade, and economic development in this state.

  8  The Office of International Affairs may allocate grants only

  9  for sister city affiliations that are approved or for which

10  funds are appropriated by the Legislature. Projects approved

11  and recommended by the Secretary of State which are not funded

12  by the Legislature shall be retained on the project list for

13  the following grant cycle only. All projects that are retained

14  shall be required to submit such information as may be

15  required by the department as of the established deadline date

16  of the latest grant cycle in order to adequately reflect the

17  most current status of the project.

18         (d)  The Department of State shall adopt rules

19  prescribing the criteria to be applied by the Office of

20  International Affairs in recommending applications for the

21  award of grants and rules providing for the administration of

22  the other provisions of this subsection. When adopting these

23  criteria, preference shall be given to a municipality or

24  county that has a sister city affiliation with a foreign

25  government, or a political subdivision thereof, within a

26  nation to which the Office of Tourism, Trade, and Economic

27  Development or Enterprise Florida, Inc., has performed a trade

28  mission or plans to perform a trade mission, or within a

29  nation that the Office of Tourism, Trade, and Economic

30  Development or Enterprise Florida, Inc., has otherwise

31

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  1  identified as being strategically important to the state's

  2  trade and reverse investment goals.

  3         Section 6.  Section 288.901, Florida Statutes, is

  4  amended to read:

  5         288.901  Enterprise Florida, Inc.; creation;

  6  membership; organization; meetings; disclosure.--

  7         (1)  There is created a not-for-profit nonprofit

  8  corporation, to be known as "Enterprise Florida, Inc.," which

  9  shall be registered, incorporated, organized, and operated in

10  compliance with chapter 617, and which shall not be a unit or

11  entity of state government. The Legislature determines,

12  however, that public policy dictates that Enterprise Florida,

13  Inc., operate in the most open and accessible manner

14  consistent with its public purpose.  To this end, the

15  Legislature specifically declares that Enterprise Florida,

16  Inc., and its boards are subject to the provisions of chapter

17  119, relating to public records and those provisions of

18  chapter 286 relating to public meetings and records.

19         (2)  Enterprise Florida, Inc., shall establish one or

20  more corporate offices, at least one of which shall be located

21  in Leon County. Persons employed by the Department of Commerce

22  on the day prior to July 1, 1996, whose jobs are privatized,

23  shall be given preference, if qualified, for similar jobs at

24  Enterprise Florida, Inc.  When practical, those jobs shall be

25  located in Leon County. All available resources, including

26  telecommuting, must be employed to minimize the negative

27  impact on the Leon County economy caused by job losses

28  associated with the privatization of the Department of

29  Commerce. The Department of Management Services may establish

30  a lease agreement program under which Enterprise Florida,

31  Inc., may hire any individual who, as of June 30, 1996, is

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  1  employed by the Department of Commerce or who, as of January

  2  1, 1997, is employed by the Executive Office of the Governor

  3  or, as of June 30, 1999, by the Department of Labor and

  4  Employment Security or the Department of Children and Family

  5  Services and has responsibilities specifically in support of

  6  the Workforce Development Board established under s. 288.9620.

  7  Under such agreement, the employee shall retain his or her

  8  status as a state employee but shall work under the direct

  9  supervision of Enterprise Florida, Inc. Retention of state

10  employee status shall include the right to participate in the

11  Florida Retirement System. The Department of Management

12  Services shall establish the terms and conditions of such

13  lease agreements.

14         (3)  Enterprise Florida, Inc., shall be governed by a

15  board of directors.  The board of directors shall consist of

16  the following members:

17         (a)  The Governor or the Governor's designee.

18         (b)  The Commissioner of Education or the

19  commissioner's designee.

20         (c)  The Secretary of Labor and Employment Security or

21  the secretary's designee.

22         (b)(d)  A member of the Senate, who shall be appointed

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

24  board and serve at the pleasure of the President.

25         (c)(e)  A member of the House of Representatives, who

26  shall be appointed by the Speaker of the House of

27  Representatives as an ex officio member of the board and serve

28  at the pleasure of the Speaker.

29         (d)(f)  The vice chairperson of the board of directors

30  of the International Trade and Economic Development Board for

31  international trade and economic development.

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  1         (g)  The chairperson of the board for capital

  2  development.

  3         (h)  The chairperson of the board for technology

  4  development.

  5         (e)(i)  The chairperson of the board of directors of

  6  the Workforce Development Board for workforce development.

  7         (f)  A private-sector member, other than the vice

  8  chairperson, from the board of directors of the International

  9  Trade and Economic Development Board, who shall be appointed

10  by the Governor and serve at the pleasure of the Governor.

11         (g)  A private-sector member, other than the vice

12  chairperson, from the board of directors of the Workforce

13  Development Board, who shall be appointed by the Governor and

14  serve at the pleasure of the Governor.

15         (h)  The Comptroller.

16         (i)  The head of a state agency, who shall be appointed

17  by the Governor and serve at the pleasure of the Governor.

18         (j)  One additional member from the private sector, who

19  shall be appointed by the President of the Senate for a term

20  of 2 years.

21         (k)  One additional member from the private sector, who

22  shall be appointed by the Speaker of the House of

23  Representatives for a term of 2 years.

24

25  In making appointments to the board of directors, the

26  Governor, the President of the Senate, and the Speaker of the

27  House of Representatives shall consider whether the membership

28  of the board reflects the racial, ethnic, and gender

29  diversity, as well as the geographic distribution, of the

30  population of the state.

31

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  1         (j)  Twelve members from the private sector, six of

  2  whom shall be appointed by the Governor, three of whom shall

  3  be appointed by the President of the Senate, and three of whom

  4  shall be appointed by the Speaker of the House of

  5  Representatives.  All appointees are subject to Senate

  6  confirmation. In making such appointments, the Governor, the

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

  8  Representatives shall ensure that the composition of the board

  9  is reflective of the diversity of Florida's business

10  community, and to the greatest degree possible shall include,

11  but not be limited to, individuals representing large

12  companies, small companies, minority companies, and

13  individuals representing municipal, county, or regional

14  economic development organizations. Of the 12 members from the

15  private sector, 7 must have significant experience in

16  international business, with expertise in the areas of

17  transportation, finance, law, and manufacturing. The Governor,

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

19  Representatives shall also consider whether the current board

20  members, together with potential appointees, reflect the

21  racial, ethnic, and gender diversity, as well as the

22  geographic distribution, of the population of the state.

23         (k)  The Secretary of State or the secretary's

24  designee.

25         (4)(a)  Members appointed to the board before July 1,

26  1996, shall serve the remainder of their unexpired terms.

27  Vacancies occurring on the board of directors after July 1,

28  1996, as a result of the annual expiration of terms, or

29  otherwise, shall be filled by the Governor, the President of

30  the Senate, or the Speaker of the House of Representatives,

31

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  1  respectively, depending on who appointed the member whose

  2  vacancy is to be filled. in the following manner and sequence.

  3         1.  Of the first three vacancies, the Governor shall

  4  appoint one member, the President of the Senate shall appoint

  5  one member, and the Speaker of the House of Representatives

  6  shall appoint one member.

  7         2.  Of the second three vacancies, the Governor shall

  8  appoint one member, the President of the Senate shall appoint

  9  one member, and the Speaker of the House of Representatives

10  shall appoint one member.

11         3.  Of the third three vacancies, the President of the

12  Senate shall appoint one member and the Governor shall appoint

13  two members.

14         4.  Of the fourth three vacancies, the Speaker of the

15  House of Representatives shall appoint one member and the

16  Governor shall appoint two members.

17

18  Thereafter, any vacancies which occur will be filled by the

19  Governor, the President of the Senate, or the Speaker of the

20  House of Representatives, respectively, depending on who

21  appointed the member whose vacancy is to be filled or whose

22  term has expired.

23         (b)  Members appointed by the Governor, the President

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

25  shall be appointed for terms of 4 years. Any member is

26  eligible for reappointment.

27         (c)  Of the six members appointed by the Governor, one

28  shall be, at the time of appointment, a board member of a

29  community development corporation meeting the requirements of

30  s. 290.035, and one shall be representative of the

31  international business community.  Of the three members

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  1  appointed by the President of the Senate and Speaker of the

  2  House of Representatives, respectively, one each shall be

  3  representative of the international business community, and

  4  one each shall be an executive director of a local economic

  5  development council.

  6         (5)  A vacancy on the board of directors which is not

  7  due to the expiration of the member's term shall be filled for

  8  the remainder of the unexpired term.

  9         (6)  The initial appointments to the board of directors

10  shall be made by the Governor from a list of nominees

11  submitted by the Enterprise Florida Nominating Council.

12  Thereafter, appointments shall be made by the Governor, the

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

14  Representatives from a list of nominees submitted by the

15  remaining appointive members of the board of directors. The

16  board of directors shall take into consideration the current

17  membership of the board and shall select nominees who are

18  reflective of the diverse nature of Florida's business

19  community, including, but not limited to, individuals

20  representing large companies, small companies, minority

21  companies, companies engaged in international business

22  efforts, companies engaged in domestic business efforts, and

23  individuals representing municipal, county, or regional

24  economic development organizations. The board shall also

25  consider whether the current board members, together with

26  potential appointees, reflect the racial, ethnic, and gender

27  diversity, as well as the geographic distribution, of the

28  population of the state.

29         (6)(7)  Appointive members may be removed by the

30  Governor, the President of the Senate, or the Speaker of the

31

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  1  House of Representatives, respectively, for cause. Absence

  2  from three consecutive meetings results in automatic removal.

  3         (7)(8)  The Governor shall serve as chairperson of the

  4  board of directors.  The board of directors shall biennially

  5  elect one of its appointive members as vice chairperson. The

  6  president shall keep a record of the proceedings of the board

  7  of directors and is the custodian of all books, documents, and

  8  papers filed with the board of directors, the minutes of the

  9  board of directors, and the official seal of Enterprise

10  Florida, Inc.

11         (8)(9)  The board of directors shall meet at least four

12  times each year, upon the call of the chairperson, at the

13  request of the vice chairperson, or at the request of a

14  majority of the membership.  A majority of the total number of

15  all directors fixed by subsection (3) shall constitute a

16  quorum.  The board of directors may take official action by a

17  majority vote of the members present at any meeting at which a

18  quorum is present.

19         (9)(10)  Members of the board of directors shall serve

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

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

22  expenses, as determined by the board of directors of

23  Enterprise Florida, Inc.

24         (10)(11)  Each member of the board of directors of

25  Enterprise Florida, Inc., who was appointed after June 30,

26  1992, and who is not otherwise required to file financial

27  disclosure pursuant to s. 8, Art. II of the State Constitution

28  or s. 112.3144, shall file disclosure of financial interests

29  pursuant to s. 112.3145.

30         (11)(12)  Notwithstanding the provisions of subsection

31  (3), the board of directors may by resolution appoint at-large

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  1  members to the board from the private sector, each of whom may

  2  serve a 1-year term.  At-large members shall have the powers

  3  and duties of other members of the board, except that they may

  4  not serve on an executive committee.  An at-large member is

  5  eligible for reappointment but may not vote on his or her own

  6  reappointment.  An at-large member shall be eligible to fill

  7  vacancies occurring among private-sector private sector

  8  appointees under subsection (3).

  9         Section 7.  Section 288.9015, Florida Statutes, is

10  amended to read:

11         288.9015  Enterprise Florida, Inc.; purpose; duties.--

12         (1)  Enterprise Florida, Inc., is the principal

13  economic development organization for the state.  It shall be

14  the responsibility of Enterprise Florida, Inc., to provide

15  leadership for business development in Florida by aggressively

16  establishing a unified approach to Florida's efforts of

17  international trade and reverse investment; by aggressively

18  marketing the state as a probusiness location for potential

19  new investment; and by aggressively assisting in the creation,

20  retention, and expansion of existing businesses and the

21  creation of new businesses.  In support of this effort,

22  Enterprise Florida, Inc., may develop and implement specific

23  programs or strategies that address the creation, expansion,

24  and retention of Florida business; the development of import

25  and export trade; and the recruitment of worldwide business.

26         (2)  It shall be the responsibility of Enterprise

27  Florida, Inc., to aggressively market Florida's rural

28  communities and distressed urban communities as locations for

29  potential new investment, to aggressively assist in the

30  retention and expansion of existing businesses in these

31  communities, and to aggressively assist these communities in

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  1  the identification and development of new economic development

  2  opportunities for job creation promote and strengthen the

  3  creation and growth of small and minority businesses and to

  4  increase the opportunities for short-term and long-term rural

  5  economic development.

  6         (3)  It shall be the responsibility of Enterprise

  7  Florida, Inc., through the Workforce Development Board, to

  8  develop a comprehensive approach to workforce development that

  9  will result in better employment opportunities for the

10  residents of this state. Such comprehensive approach must

11  include:

12         (a)  Creating and maintaining a highly skilled

13  workforce that is capable of responding to rapidly changing

14  technology and diversified market opportunities.

15         (b)  Training, educating, and assisting target

16  populations, such as those who are economically disadvantaged

17  or who participate in the WAGES Program or otherwise receive

18  public assistance to become independent, self-reliant, and

19  self-sufficient. This approach must ensure the effective use

20  of federal, state, local, and private resources in reducing

21  the need for public assistance.

22         (4)  It shall be the responsibility of Enterprise

23  Florida, Inc., to assess, on an ongoing basis, Florida's

24  economic development competitiveness as measured against other

25  business locations, to identify and regularly reevaluate

26  Florida's economic development strengths and weaknesses, and

27  to incorporate such information into the strategic planning

28  process under s. 288.904.

29         (5)  Enterprise Florida, Inc., shall incorporate the

30  needs of small and minority businesses into the

31  economic-development, international-trade and

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  1  reverse-investment, and workforce-development responsibilities

  2  assigned to the organization by this section.

  3         (6)(4)  Enterprise Florida, Inc., shall not endorse any

  4  candidate for any elected public office, nor shall it

  5  contribute moneys to the campaign of any such candidate.

  6         (7)(5)  As part of its business development and

  7  marketing responsibilities, Enterprise Florida, Inc., shall

  8  prepare a business guide and checklist that contains basic

  9  information on the federal, state, and local requirements for

10  starting and operating a business in this state. The guide and

11  checklist must describe how additional information can be

12  obtained on any such requirements and shall include, to the

13  extent feasible, the names, addresses, and telephone numbers

14  of appropriate government agency representatives. The guide

15  and checklist must also contain information useful to persons

16  who may be starting a business for the first time, including,

17  but not limited to, information on business structure,

18  financing, and planning.

19         Section 8.  Section 288.90151, Florida Statutes, is

20  amended to read:

21         (Substantial rewording of section. See

22         s. 288.90151, F.S., for present text.)

23         288.90151  Return on Investment from Activities of

24  Enterprise Florida, Inc.--

25         (1)  The public funds appropriated each year for the

26  operation of Enterprise Florida, Inc., are invested in this

27  public-private partnership to enhance international trade and

28  economic development, to spur job-creating investments, to

29  create new employment opportunities for Floridians, and to

30  prepare Floridians for those jobs.  This policy will be the

31

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  1  Legislature's priority consideration when reviewing the

  2  return-on-investment for Enterprise Florida, Inc.

  3         (2)  It is also the intent of the Legislature that

  4  Enterprise Florida, Inc., coordinate its operations with local

  5  economic-development organizations to maximize the state and

  6  local return-on-investment to create jobs for Floridians.

  7         (3)  It is further the intent of the Legislature to

  8  maximize private-sector support in operating Enterprise

  9  Florida, Inc., as an endorsement of its value and as an

10  enhancement of its efforts.

11         (4)(a)  The state's operating investment in Enterprise

12  Florida, Inc., is the budget contracted by the Office of

13  Tourism, Trade, and Economic Development to Enterprise

14  Florida, Inc., less funding that is subsequently awarded to

15  businesses or organizations as incentives or grants and less

16  funding that is directed by the Legislature to be

17  subcontracted to a specific recipient.

18         (b)  The board of directors of Enterprise Florida,

19  Inc., shall adopt for each upcoming fiscal year an operating

20  budget for the organization that specifies the intended uses

21  of the state's operating investment, the anticipated

22  coordinated operations with local economic development

23  organizations, and the projected private-sector support in

24  operating Enterprise Florida, Inc. At least $2 million of such

25  budget shall be in the form of private-sector cash support.

26  The state's operating investment shall total no more than 50

27  percent of the actual annual operating budget of Enterprise

28  Florida, Inc. Any portion of the state-appropriated operating

29  investment in excess of this percentage must be returned to

30  the state at the end of the fiscal year.

31

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  1         (5)  Private-sector support in operating Enterprise

  2  Florida, Inc., includes:

  3         (a)  Cash and in-kind contributions that mirror the

  4  state's operating investment;

  5         (b)  Revenues generated by products or services of

  6  Enterprise Florida, Inc.; and

  7         (c)  Expenditures, services, support, or contributions

  8  that augment the operating expenditures or assets of

  9  Enterprise Florida, Inc., including, but not limited to:  an

10  individual's time and expertise; sponsored publications;

11  private-sector staff services; payment for advertising

12  placements; sponsorship of events; sponsored or joint

13  research; discounts on leases or purchases; mission or program

14  sponsorship; and co-payments, stock, warrants, royalties, or

15  other private resources dedicated to the operations of

16  Enterprise Florida, Inc.

17         (6)  Enterprise Florida, Inc., shall fully comply with

18  the performance measures, standards, and sanctions in its

19  contracts with the Office of Tourism, Trade, and Economic

20  Development under ss. 14.2015(2)(h) and 14.2015(7).  The

21  Office of Tourism, Trade, and Economic Development shall

22  ensure, to the maximum extent possible, that the contract

23  performance measures are consistent with performance measures

24  that the office is required to develop and track under

25  performance-based program budgeting.

26         (7)  As part of the annual report required under s.

27  288.906, Enterprise Florida, Inc., shall provide the

28  Legislature with information quantifying the public's

29  return-on-investment as described in this section for fiscal

30  year 1997-1998 and each subsequent fiscal year.  The annual

31  report shall also include the results of a

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  1  customer-satisfaction survey of businesses served, as well as

  2  the lead economic development staff person of each local

  3  economic development organization that employs a full-time or

  4  part-time staff person.

  5         (8) Enterprise Florida, Inc., in consultation with the

  6  Office of Program Policy Analysis and Government

  7  Accountability, shall hire a private accounting firm to

  8  develop the methodology for establishing and reporting

  9  return-on-investment as described in this section and to

10  develop, analyze, and report on the results of the

11  customer-satisfaction survey.  The Office of Program Policy

12  Analysis and Government Accountability shall review and offer

13  feedback on the methodology before it is implemented.  The

14  private accounting firm shall certify whether the applicable

15  statements in the annual report comply with this subsection.

16         Section 9.  Section 288.903, Florida Statutes, is

17  amended to read:

18         288.903  Board of directors of Enterprise Florida,

19  Inc.; president; employees.--

20         (1)  The president of Enterprise Florida, Inc., shall

21  be appointed by the board of directors and shall serve at the

22  pleasure of the board of directors. The board of directors

23  shall establish and adjust the compensation of the president.

24  The president is the chief administrative and operational

25  officer of the board of directors and of Enterprise Florida,

26  Inc., and shall direct and supervise the administrative

27  affairs of the board of directors and any other boards of

28  Enterprise Florida, Inc. The board of directors may delegate

29  to its president those powers and responsibilities it deems

30  appropriate, except for the appointment of a president.

31

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  1         (2)  The board of directors may establish an executive

  2  committee consisting of the chairperson, the vice chairperson,

  3  chair and as many additional members of the board of directors

  4  as the board deems appropriate, except that such committee

  5  must have a minimum of five members. One member of the

  6  executive committee shall be selected by each of the

  7  following:  the Governor, the President of the Senate, and the

  8  Speaker of the House of Representatives. Remaining members of

  9  the executive committee shall be selected by the board of

10  directors. The executive committee shall have such authority

11  as the board of directors delegates to it, except that the

12  board may not delegate the authority to hire or fire the

13  president or the authority to establish or adjust the

14  compensation paid to the president.

15         (3)  The president:

16         (a)  May contract with or employ legal and technical

17  experts and such other employees, both permanent and

18  temporary, as authorized by the board of directors.

19         (b)  Shall employ and supervise the president of any

20  board established within the Enterprise Florida, Inc.,

21  corporate structure and shall coordinate the activities of any

22  such boards.

23         (c)  Shall attend all meetings of the board of

24  directors.

25         (d)  Shall cause copies to be made of all minutes and

26  other records and documents of the board of directors and

27  shall certify that such copies are true copies. All persons

28  dealing with the board of directors may rely upon such

29  certifications.

30         (e)  Shall be responsible for coordinating and

31  advocating the interests of rural, minority, and small

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  1  businesses within Enterprise Florida, Inc., its boards, and in

  2  all its economic development efforts.

  3         (f)  Shall administer the finances of Enterprise

  4  Florida, Inc., and its boards to ensure appropriate

  5  accountability and the prudent use of public and private

  6  funds.

  7         (g)  Shall be the chief spokesperson for Enterprise

  8  Florida, Inc., regarding economic development efforts in the

  9  state.

10         (h)  Shall coordinate all activities and

11  responsibilities of Enterprise Florida, Inc., with respect to

12  participants in the WAGES Program.

13         (i)  Shall supervise and coordinate the collection,

14  research, and analysis of information for Enterprise Florida,

15  Inc., and its boards.

16         (3)(4)  The board of directors of Enterprise Florida,

17  Inc., and its officers shall be responsible for the prudent

18  use of all public and private funds and shall ensure that the

19  use of such funds is in accordance with all applicable laws,

20  bylaws, or contractual requirements. No employee of Enterprise

21  Florida, Inc., may receive compensation for employment which

22  exceeds the salary paid to the Governor, unless the board of

23  directors and the employee have executed a contract that

24  prescribes specific, measurable performance outcomes for the

25  employee, the satisfaction of which provides the basis for the

26  award of incentive payments that increase the employee's total

27  compensation to a level above the salary paid to the Governor.

28         Section 10.  Subsection (1) of section 288.904, Florida

29  Statutes, is amended to read:

30         288.904  Powers of the board of directors of Enterprise

31  Florida, Inc.--

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  1         (1)  The board of directors of Enterprise Florida,

  2  Inc., shall have the power to:

  3         (a)  Secure funding for programs and activities of

  4  Enterprise Florida, Inc., and its boards from federal, state,

  5  local, and private sources and from fees charged for services

  6  and published materials and solicit, receive, hold, invest,

  7  and administer any grant, payment, or gift of funds or

  8  property and make expenditures consistent with the powers

  9  granted to it.

10         (b)1.  Make and enter into contracts and other

11  instruments necessary or convenient for the exercise of its

12  powers and functions, except that any contract made with an

13  organization represented on the nominating council or on the

14  board of directors must be approved by a two-thirds vote of

15  the entire board of directors, and the board member

16  representing such organization shall abstain from voting. No

17  more than 65 percent of the dollar value of all contracts or

18  other agreements entered into in any fiscal year, exclusive of

19  grant programs, shall be made with an organization represented

20  on the nominating council or the board of directors. An

21  organization represented on the board or on the nominating

22  council may not enter into a contract to receive a

23  state-funded economic development incentive or similar grant,

24  unless such incentive award is specifically endorsed by a

25  two-thirds vote of the entire board. The board member

26  representing such organization, if applicable, shall abstain

27  from voting and refrain from discussing the issue with other

28  members of the board. No more than 50 percent of the dollar

29  value of grants issued by the board in any fiscal year may go

30  to businesses associated with board members.

31

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  1         2.  A contract that Enterprise Florida, Inc., executes

  2  with a person or organization under which such person or

  3  organization agrees to perform economic-development services

  4  or similar business-assistance services on behalf of

  5  Enterprise Florida, Inc., or on behalf of the state must

  6  include provisions requiring that such person or organization

  7  report on performance, account for proper use of funds

  8  provided under the contract, coordinate with other components

  9  of state and local economic development systems, and avoid

10  duplication of existing state and local services and

11  activities.

12         (c)  Sue and be sued, and appear and defend in all

13  actions and proceedings, in its corporate name to the same

14  extent as a natural person.

15         (d)  Adopt, use, and alter a common corporate seal for

16  Enterprise Florida, Inc., and its boards. Notwithstanding any

17  provisions of chapter 617 to the contrary, this seal is not

18  required to contain the words "corporation not for profit."

19         (e)  Elect or appoint such officers and agents as its

20  affairs require and allow them reasonable compensation.

21         (f)  Adopt, amend, and repeal bylaws, not inconsistent

22  with the powers granted to it or the articles of

23  incorporation, for the administration of the affairs of

24  Enterprise Florida, Inc., and the exercise of its corporate

25  powers.

26         (g)  Acquire, enjoy, use, and dispose of patents,

27  copyrights, and trademarks and any licenses, royalties, and

28  other rights or interests thereunder or therein.

29         (h)  Do all acts and things necessary or convenient to

30  carry out the powers granted to it.

31

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  1         (i)  Use the state seal, notwithstanding the provisions

  2  of s. 15.03, when appropriate, to establish that Enterprise

  3  Florida, Inc., is the principal economic, workforce, and trade

  4  development organization for the state, and for other standard

  5  corporate identity applications.  Use of the state seal is not

  6  to replace use of a corporate seal as provided in this

  7  section.

  8         (j)  Carry forward any unexpended state appropriations

  9  into succeeding fiscal years.

10         (k)  Procure insurance or require bond against any loss

11  in connection with the property of Enterprise Florida, Inc.,

12  and its boards, in such amounts and from such insurers as is

13  necessary or desirable.

14         (l)  Create and dissolve advisory committees, working

15  groups, task forces, or similar organizations, as necessary to

16  carry out the mission of Enterprise Florida, Inc.

17         Section 11.  Section 288.905, Florida Statutes, is

18  amended to read:

19         288.905  Duties of the board of directors of Enterprise

20  Florida, Inc.--

21         (1)  In the performance of its functions and duties,

22  the board of directors may establish, and implement, and

23  manage policies, strategies, and programs for Enterprise

24  Florida, Inc., and its boards. These policies, strategies, and

25  programs shall promote business formation, expansion,

26  recruitment, and retention through aggressive marketing;

27  international development and export assistance; and workforce

28  development, which together lead to more and better jobs with

29  higher wages for all geographic regions and communities of the

30  state, including rural areas and urban-core areas, and for all

31  residents, including minorities. In developing such policies,

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  1  strategies, and programs, the board of directors shall solicit

  2  advice from and consider the recommendations of its boards and

  3  any advisory committees or similar groups created by

  4  Enterprise Florida, Inc.

  5         (2)  The board of directors shall, in conjunction with

  6  the Office of Tourism, Trade, and Economic Development,

  7  develop a strategic plan for economic development for the

  8  State of Florida.  Such plan shall be submitted to the

  9  Governor, the President of the Senate, the Speaker of the

10  House of Representatives, the Senate Minority Leader, and the

11  House Minority Leader by January 1, 1997, and shall be updated

12  or modified before January 1, 1998, and annually thereafter.

13  The plan must be approved by the board of directors prior to

14  submission to the Governor and Legislature.  The plan shall

15  include, but is not limited to:

16         (a)  Allocation of public and private resources to

17  specific activities that will return the greatest benefit to

18  the economy of this state. Including delineation on the amount

19  of funds that should be expended on each component of the

20  plan.

21         (b)  Identification of programs that will enhance the

22  capabilities of small and minority businesses.  The plan

23  should include ways to improve and increase the access to

24  information, services, and assistance for small and minority

25  businesses.

26         (c)1.  Specific provisions for the stimulation of

27  economic development and job creation in rural areas and

28  midsize cities and counties of the state. These provisions

29  shall include, but are not limited to, the identification of

30  all rural counties in the state and rural cities located in

31  nonrural counties; the identification of all midsize cities

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  1  and counties in the state; the identification of the economic

  2  development and job creation goals of the rural cities and

  3  counties and midsize cities; the identification of rural areas

  4  of critical concern; the identification of specific local,

  5  state, and federal financial and technical assistance

  6  resources available to rural cities and counties and midsize

  7  cities and counties for economic and community development;

  8  the identification of private sector resources available to

  9  rural cities and counties and midsize cities and counties for

10  economic and community development; and specific methods for

11  the use of the resources identified in the plan to meet the

12  goals identified in the plan.

13         (3)2.  Enterprise Florida, Inc., shall involve the

14  local governments, local and regional economic development

15  organizations, and of the cities and counties identified

16  pursuant to subparagraph 1., as well as any other local,

17  state, and federal economic, international, and workforce

18  rural development entities, both public and private, in

19  developing and carrying out policies, strategies, and

20  programs, seeking to partner and collaborate to produce

21  enhanced public benefit at a lesser cost any provisions.

22         (d)1.  Specific provisions for the stimulation of

23  economic development and job creation in small businesses and

24  minority businesses. These provisions shall include, but are

25  not limited to, the identification of federal, state, and

26  local financial and technical resources available for small

27  businesses and minority businesses; and specific methods for

28  the use of the resources identified in the plan to meet the

29  goal of job creation in small businesses and minority

30  businesses in the state.

31

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  1         (4)2.  Enterprise Florida, Inc., shall involve rural,

  2  urban, small-business, and minority-business local, state, and

  3  federal small business and minority business development

  4  agencies and organizations, both public and private, in

  5  developing and carrying out policies, strategies, and programs

  6  any provisions.

  7         (e)  Creation of workforce training programs that lead

  8  to better employment opportunities and higher wages.

  9         (f)  Promotion of business formation, expansion,

10  recruitment, and retention, including programs that enhance

11  access to appropriate forms of financing for businesses in

12  this state.

13         (g)  Promotion of the successful long-term

14  internationalization of this state, including programs that

15  establish viable overseas markets, generate foreign

16  investment, assist in meeting the financing requirements of

17  export-ready firms, broaden opportunities for international

18  joint venture relationships, use the resources of academic and

19  other institutions, coordinate trade assistance and

20  facilitation services, and facilitate availability of and

21  access to education and training programs which will assure

22  requisite skills and competencies necessary to compete

23  successfully in the global marketplace.

24         (h)  Promotion of the growth of high technology and

25  other value-added industries and jobs.

26         (i)  Addressing the needs of blighted inner-city

27  communities that have unacceptable levels of unemployment and

28  economic disinvestment, with the ultimate goal of creating

29  jobs for the residents of such communities.

30         (j)  Identifying business sectors that are of current

31  or future importance to the state's economy and to the state's

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  1  worldwide business image, and developing specific strategies

  2  to promote the development of such sectors.

  3         (5)(a)(3)(a)  The strategic plan shall also include

  4  recommendations regarding specific performance standards and

  5  measurable outcomes.  By July 1, 1997, Enterprise Florida,

  6  Inc., in consultation with the Office of Program Policy

  7  Analysis and Government Accountability, shall establish

  8  performance-measure outcomes for Enterprise Florida, Inc., and

  9  its boards. Enterprise Florida, Inc., in consultation with the

10  Office of Tourism, Trade, and Economic Development and the

11  Office of Program Policy Analysis and Government

12  Accountability, shall develop a plan for monitoring its

13  operations to ensure that performance data are maintained and

14  supported by records of the organization. On a biennial basis,

15  By July 1, 1998, and biennially thereafter, Enterprise

16  Florida, Inc., in consultation with the Office of Tourism,

17  Trade, and Economic Development and the Office of Program

18  Policy Analysis and Government Accountability, shall review

19  the performance-measure outcomes for Enterprise Florida, Inc.,

20  and its boards, and make any appropriate modifications to

21  them. In developing measurable objectives and performance

22  outcomes, Enterprise Florida, Inc., shall consider the effect

23  of its programs, activities, and services on its client

24  population. Enterprise Florida, Inc., shall establish

25  standards such as job growth among client firms, growth in the

26  number and strength of businesses within targeted sectors,

27  client satisfaction, including the satisfaction of its local

28  and regional economic development partners, venture capital

29  dollars invested in small and minority businesses, businesses

30  retained and recruited statewide and within rural and urban

31  core communities, employer wage growth, minority business

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  1  participation in technology assistance and development

  2  programs, and increased export sales among client companies to

  3  use in evaluating performance toward accomplishing the mission

  4  of Enterprise Florida, Inc.

  5         (b)  The performance standards and measurable outcomes

  6  established and regularly reviewed by Enterprise Florida,

  7  Inc., under this subsection must also include benchmarks and

  8  goals to measure the impact of state economic development

  9  policies and programs. Such benchmarks and goals may include,

10  but are not limited to:

11         1.  Net annual job growth rate in this state compared

12  to neighboring southern states and the United States as a

13  whole.

14         2.  Unemployment rate in this state compared to

15  neighboring southern states and the United States as a whole.

16         3.  Wage distribution based on the percentage of people

17  working in this state who earned 15 percent below the state

18  average, within 15 percent of the state average, and 15

19  percent or more above the state average.

20         4.  Annual percentage of growth in the production of

21  goods and services within Florida compared to neighboring

22  southern states and the United States as a whole.

23         5.  Changes in jobs in this state by major industry

24  based on the percentage of growth or decline in the number of

25  full-time or part-time jobs in this state.

26         6.  Number of new business startups in this state.

27         7.  Goods produced in this state that are exported to

28  other countries.

29         8.  Capital investment for commercial and industrial

30  purposes, agricultural production and processing, and

31  international trade.

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  1         (c)  Prior to the 2002 1999 Regular Session of the

  2  Legislature, the Office of Program Policy Analysis and

  3  Government Accountability shall conduct a review of Enterprise

  4  Florida, Inc., and its boards and shall submit a report by

  5  January 1, 2002, to the President of the Senate, the Speaker

  6  of the House of Representatives, the Senate Minority Leader,

  7  and the House Minority Leader. The review shall be

  8  comprehensive in its scope, but, at a minimum, must be

  9  conducted in such a manner as to specifically determine:

10         1.  The progress towards achieving the established

11  outcomes.

12         2.  The circumstances contributing to the

13  organization's ability to achieve, not achieve, or exceed its

14  established outcomes.

15         3.  The progress towards achieving the established

16  goals of the Cypress Equity Fund and whether the strategy

17  underlying the fund is appropriate.

18         3.4.  Whether it would be sound public policy to

19  continue or discontinue funding the organization, and the

20  consequences of discontinuing the organization.  The report

21  shall be submitted by January 1, 1999, to the President of the

22  Senate, the Speaker of the House of Representatives, the

23  Senate Minority Leader, and the House Minority Leader.

24         (d)  Prior to the 2003 Regular Session of the

25  Legislature, the Office of Program Policy Analysis and

26  Government Accountability, shall conduct another review of

27  Enterprise Florida, Inc., and its boards using the criteria in

28  paragraph (c). The report shall be submitted by January 1,

29  2003, to the President of the Senate, the Speaker of the House

30  of Representatives, the Senate Minority Leader, and the House

31  Minority Leader.

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  1         (6)(4)  The board of directors shall coordinate and

  2  collaborate the economic development activities and policies

  3  of Enterprise Florida, Inc., with local municipal, county, and

  4  regional economic development organizations, which shall be to

  5  establish and further develop the role of local economic

  6  development organizations as the state's primary

  7  service-delivery agents for the direct delivery of economic

  8  development and international development services. Where

  9  feasible, the board shall work with regional economic

10  development organizations in the delivery of services of

11  Enterprise Florida, Inc., and its boards.

12         (5)  Enterprise Florida, Inc., shall deposit into

13  African-American-qualified public depositories and

14  Hispanic-American-qualified public depositories a portion of

15  any moneys received by Enterprise Florida, Inc., and its

16  boards from the state.

17         (7)(6)  Any employee leased by Enterprise Florida,

18  Inc., from the state, or any employee who derives his or her

19  salary from funds appropriated by the Legislature, may not

20  receive a pay raise or bonus in excess of a pay raise or bonus

21  that is received by similarly situated state employees.

22  However, this subsection does not prohibit the payment of a

23  pay raise or bonus from funds received from sources other than

24  the Florida Legislature.

25         Section 12.  Subsection (1) of section 288.906, Florida

26  Statutes, is amended to read:

27         288.906  Annual report of Enterprise Florida, Inc.;

28  audits; confidentiality.--

29         (1)  Prior to December 1 of each year, Enterprise

30  Florida, Inc., shall submit to the Governor, the President of

31  the Senate, the Speaker of the House of Representatives, the

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  1  Senate Minority Leader, and the House Minority Leader a

  2  complete and detailed report including, but not limited to:

  3         (a)  A description of the operations and

  4  accomplishments of Enterprise Florida, Inc., and its boards,

  5  and an identification of any major trends, initiatives, or

  6  developments affecting the performance of any program or

  7  activity.

  8         (b)  An evaluation of progress towards achieving

  9  organizational goals and specific performance outcomes, both

10  short-term and long-term, established pursuant to s. 288.905.

11         (c)  Methods for implementing and funding the

12  operations of Enterprise Florida, Inc., and its boards.

13         (d)  A description of the operations and

14  accomplishments of Enterprise Florida, Inc., and its boards,

15  with respect to furthering the development and viability of

16  small and minority businesses, including any accomplishments

17  relating to capital access and technology and business

18  development programs.

19         (d)(e)  A description of the operations and

20  accomplishments of Enterprise Florida, Inc., and its boards

21  with respect to aggressively marketing Florida's rural

22  communities and distressed urban communities as locations for

23  potential new investment, aggressively assisting in the

24  retention and expansion of existing businesses in these

25  communities, and aggressively assisting these communities in

26  the identification and development of new economic-development

27  opportunities furthering the development and viability of

28  rural cities and counties, and midsize cities and counties in

29  this state.

30         (e)(f)  A description and evaluation of the operations

31  and accomplishments of Enterprise Florida, Inc., and its

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  1  boards with respect to interaction with local and private

  2  economic development organizations, including an

  3  identification of any specific programs or activities which

  4  promoted the activities of such organizations and an

  5  identification of any specific programs or activities which

  6  promoted a comprehensive and coordinated approach to economic

  7  development in this state.

  8         (f)(g)  An assessment of employee training and job

  9  creation that directly benefits participants in the WAGES

10  Program.

11         (g)(h)  An annual compliance and financial audit of

12  accounts and records by an independent certified public

13  accountant at the end of its most recent fiscal year performed

14  in accordance with rules adopted by the Auditor General.

15

16  The detailed report required by this subsection shall also

17  include the information identified in paragraphs (a)-(g)

18  (a)-(h), if applicable, for any board established within the

19  corporate structure of Enterprise Florida, Inc.

20         Section 13.  Section 288.9412, Florida Statutes, is

21  amended to read:

22         288.9412  International Trade and Economic Development

23  Board.--

24         (1)  There is created within the not-for-profit

25  nonprofit corporate structure of Enterprise Florida, Inc., a

26  not-for-profit nonprofit public-private board known as the

27  Florida International Trade and Economic Development Board the

28  purpose of which shall be to advise and assist the state of

29  Florida, as well as local and regional economic development

30  organizations, in promoting and developing international trade

31  and reverse investment; marketing the state for potential new

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  1  investment; and creating, expanding, and retaining Florida

  2  businesses.

  3         (2)  The International Trade and Economic Development

  4  Board shall be governed by a board of directors.  The board of

  5  directors shall consist of the following members:

  6         (a)  The Lieutenant Governor or the Lieutenant

  7  Governor's designee.

  8         (b)  The president of the Florida Chamber of Commerce

  9  or the president's designee.

10         (c)  The Secretary of State or the secretary's

11  designee.

12         (d)  The chairperson of the Florida State Rural

13  Development Council or the chairperson's designee.

14         (e)  A member of the Senate, who shall be appointed by

15  the President of the Senate as an ex officio member of the

16  board and serve at the pleasure of the President.

17         (f)  A member of the House of Representatives, who

18  shall be appointed by the Speaker of the House of

19  Representatives as an ex officio member of the board and serve

20  at the pleasure of the Speaker of the House of

21  Representatives.

22         (g)  The chairperson of the Black Business Investment

23  Board or the chairperson's designee.

24         (h)(g)  Members to be appointed by the Governor,

25  subject to confirmation by the Senate, consisting of the

26  following:

27         1.  The chairperson of the World Trade Association of

28  Florida or the chairperson's designee.

29         2.  Two representatives from the state's deepwater

30  ports, chosen from a list of three names submitted to the

31  Governor by the Florida Ports Council. One representative

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  1  shall be from the Gulf of Mexico coast ports, and one

  2  representative shall be from the Atlantic coast ports.

  3         3.  The chairperson of the Florida Airport Managers

  4  Association or the chairperson's designee.

  5         4.  The chairperson of the Florida Custom Brokers and

  6  Forwarders Association or the chairperson's designee.

  7         5.  A person having extensive experience in foreign

  8  language instruction or international education.

  9         6.  The chairperson of the International Law Section of

10  The Florida Bar or the chairperson's designee.

11         7.  The chairperson of the Florida International

12  Banking Association or the chairperson's designee.

13         8.  A representative of a company in this state that is

14  actively engaged in the manufacture of products in this state

15  for sale in foreign markets.

16         9.  A member of the Florida Citrus Commission

17  experienced in the exportation of citrus products who owns,

18  operates, or is employed by a major company in this state that

19  is actively engaged in the exportation of citrus products from

20  this state to international markets.

21         10.  A representative of a major multinational company

22  with offices in this state.

23         11.  The chairperson of the Latin Chamber of Commerce

24  of the United States or the chairperson's designee.

25         12.  A representative of the state's commercial banking

26  industry, or a representative otherwise having expertise on

27  capital-development issues.

28         13.  A representative of emerging technology-based

29  businesses, or a representative otherwise having expertise on

30  technology-development issues.

31

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  1         14.  Three representatives of local economic

  2  development organizations reflecting the geographic diversity

  3  of the state.

  4         15.  A small-business person who is active in

  5  international business.

  6         (h)  Nine to 11 members from the public and private

  7  sector, consisting of one member representing a municipal

  8  economic development organization, one member representing a

  9  county economic development organization, one member

10  representing a regional economic development organization, one

11  member representing an international economic development

12  organization, and one member who, at the time of appointment,

13  is a board member of a community development corporation that

14  meets the requirements of s. 290.035, with the remaining

15  members representing, and being actively involved in, Florida

16  business, who shall be appointed by the Governor, subject to

17  Senate confirmation.

18         (3)  Members appointed by the Governor shall be

19  appointed for terms of 4 years, except that, in making the

20  initial appointments, the Governor shall appoint three to five

21  members for terms of 4 years, three members for terms of 3

22  years, and three members for terms of 2 years.

23         (4)  The chair and vice chair of Enterprise Florida,

24  Inc., shall jointly select a list of nominees for appointment

25  to the board from a slate of candidates submitted by

26  Enterprise Florida, Inc.  The chair and vice chair of

27  Enterprise Florida, Inc., may request that additional

28  candidates be submitted by Enterprise Florida, Inc., if the

29  chair and vice chair cannot agree on a list of nominees

30  submitted.  Appointments to the board of directors shall be

31  made by the Governor from the list of nominees jointly

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  1  selected by the chair and vice chair of Enterprise Florida,

  2  Inc. Appointees shall represent all geographic regions of the

  3  state, including both urban and rural regions.  The importance

  4  of minority and gender representation shall be considered when

  5  making nominations for each position on the board of

  6  directors.

  7         (5)  The Governor shall appoint the initial 9 to 11

  8  members from the public and private sector to the board within

  9  30 days after receipt of the nominations from the chair and

10  vice chair of Enterprise Florida, Inc.

11         (5)(6)  A vacancy on the board shall be filled for the

12  remainder of the unexpired term in the same manner as the

13  original appointment.

14         (6)(7)  A member may be removed by the Governor for

15  cause. Absence from three consecutive meetings results in

16  automatic removal.

17         Section 14.  Section 288.9414, Florida Statutes, is

18  amended to read:

19         288.9414  Powers and authority of board of directors of

20  International Trade and Economic Development Board.--

21         (1)  The board shall have all the powers and authority

22  not explicitly prohibited by statute necessary or convenient

23  to carry out and effectuate its functions, duties, and

24  responsibilities, including, but not limited to:

25         (a)  Advising and assisting in formulating and

26  coordinating the state's economic development policy, both

27  domestically and internationally, consistent with the policies

28  of the board of directors of Enterprise Florida, Inc.

29         (b)  Using a corporate seal.

30         (c)  Advising and assisting local and regional

31  economic-development organizations in promoting and developing

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  1  international trade and reverse investment, in marketing the

  2  state for potential new investment, and in creating,

  3  expanding, and retaining Florida businesses in developing the

  4  state's economic development strategic planning process.

  5         (d)  Evaluating the performance and effectiveness of

  6  the state's economic development programs.

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

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

  9  recommendations, and responsibilities.

10         (f)  Soliciting, borrowing, accepting, receiving, and

11  investing funds from any public or private source.

12         (g)  Contracting with public and private entities as

13  necessary to further the directives of this act, except that

14  any contract made with an organization represented on the

15  nominating council or on the board of directors must be

16  approved by a two-thirds vote of the entire board of

17  directors, and the board member representing such organization

18  shall abstain from voting.  No more than 65 percent of the

19  dollar value of all contracts or other agreements entered into

20  in any fiscal year, exclusive of grant programs, shall be made

21  with an organization represented on the nominating council or

22  the board of directors. An organization represented on the

23  board or on the nominating council may not enter into a

24  contract to receive a state-funded economic development

25  incentive or similar grant, unless such incentive award is

26  specifically endorsed by a two-thirds vote of the entire

27  board. The board member representing such organization, if

28  applicable, shall abstain from voting and refrain from

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

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

31

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

  2  board members.

  3         (h)  Carrying forward any unexpended state

  4  appropriations into succeeding fiscal years.

  5         (i)  Providing an annual report to the board of

  6  directors of Enterprise Florida, Inc., by November 1 of each

  7  year which includes a setting forth:

  8         1.  Its operations and accomplishments during the

  9  fiscal year.

10         2.  Its business and operations plan.

11         3.  Its assets and liabilities at the end of its most

12  recent fiscal year.

13         4.  A copy of an annual financial and compliance audit

14  of its accounts and records conducted by an independent

15  certified public accountant performed in accordance with rules

16  adopted by the Auditor General.

17         (2)  The board shall design specific programs or

18  entities to address the actions listed in subsection (1).

19         (3)  The board shall annually convene in the fall a

20  meeting of economic development and international trade

21  development stakeholders to review the state of economic

22  development and international trade development in Florida and

23  to generate specific recommendations and priorities for

24  consideration by the Legislature. This meeting shall serve as

25  a precursor to the meeting of leaders in business, government,

26  and economic development under s. 14.2015. In identifying and

27  inviting participants in the stakeholders meeting, the board

28  shall seek to include individuals having expertise on the

29  various components integral to successful economic development

30  and international trade development for the state. Develop

31  intensive export assistance programs for small and

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  1  medium-sized export firms.  The partnership, through

  2  Enterprise Florida, Inc., may enter into contractual relations

  3  with export-ready firms and may impose fees or other charges

  4  for services provided.

  5         Section 15.  Section 288.9511, Florida Statutes, is

  6  amended to read:

  7         288.9511  Definitions.--As used in ss.

  8  288.9511-288.9517, the term:

  9         (1)  "Educational institutions" means Florida technical

10  institutes and vocational schools, and public and private

11  community colleges, colleges, and universities in the state.

12         (2)  "Enterprise" means a firm with its principal place

13  of business in this state which is engaged, or proposes to be

14  engaged, in this state in agricultural industries,

15  natural-resource-based or other manufacturing, research and

16  development, or the provision of knowledge-based services.

17         (3)  "Board" means the technology development board.

18         (3)(4)  "Person" means any individual, partnership,

19  corporation, or joint venture that carries on business, or

20  proposes to carry on business, within the state.

21         (4)(5)  "Product" means any product, device, technique,

22  or process that is, or may be, developed or marketed

23  commercially; the term does not refer, however, to basic

24  research, but rather to products, devices, techniques, or

25  processes that have advanced beyond the theoretical stage and

26  are in a prototype or industry practice stage.

27         (5)(6)  "Qualified security" means a public or private

28  financial arrangement that involves any note, security,

29  debenture, evidence of indebtedness, certificate of interest

30  of participation in any profit-sharing agreement,

31  preorganization certificate or subscription, transferable

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  1  security, investment contract, certificate of deposit for a

  2  security, certificate of interest or participation in a patent

  3  or application thereof, or in royalty or other payments under

  4  such a patent or application, or, in general, any interest or

  5  instrument commonly known as a security or any certificate

  6  for, receipt for, guarantee of, or option warrant or right to

  7  subscribe to or purchase any of the foregoing to the extent

  8  allowed by law.

  9         (6)(7)  "Technology application" means the introduction

10  and adaptation of off-the-shelf technologies and

11  state-of-the-art management practices to the specific

12  circumstances of an individual firm.

13         (7)(8)  "Technology commercialization" means the

14  process of bringing an investment-grade technology out of an

15  enterprise, university, or federal laboratory for first-run

16  application in the marketplace.

17         (8)(9)  "Technology development" means strategically

18  focused research aimed at developing investment-grade

19  technologies essential to market competitiveness.

20         Section 16.  Section 288.9515, Florida Statutes, is

21  amended to read:

22         288.9515  Authorized programs of technology development

23  programs board.--

24         (1)  Enterprise Florida, Inc., The board may create a

25  technology applications services service, and may to be called

26  the Florida Innovation Alliance. The Florida Innovation

27  Alliance shall serve as an umbrella organization for

28  technology applications service providers throughout the state

29  which provide critical, managerial, technological, scientific,

30  and related financial and business expertise essential for

31  international and domestic competitiveness to small-sized and

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  1  medium-sized manufacturing and knowledge-based service firms.

  2  Enterprise Florida, Inc., The board is authorized the

  3  following powers in order to carry out these the functions of

  4  the Florida Innovation Alliance:

  5         (a)  Providing communication and coordination services

  6  among technology applications service providers throughout the

  7  state.

  8         (b)  Providing coordinated marketing services to

  9  small-sized and medium-sized manufacturers in the state on

10  behalf of, and in partnership with, technology applications

11  service providers.

12         (c)  Securing additional sources of funds on behalf of,

13  and in partnership with, technology applications service

14  providers.

15         (d)  Developing plans and policies to assist

16  small-sized and medium-sized manufacturing companies or other

17  knowledge-based firms in Florida.

18         (e)  Entering into contracts with technology

19  applications service providers for expanded availability of

20  high-quality assistance to small-sized and medium-sized

21  manufacturing companies or knowledge-based service firms,

22  including, but not limited to, technological, human resources

23  development, market planning, finance, and interfirm

24  collaboration.  Enterprise Florida, Inc., The board shall

25  ensure that all contracts in excess of $20,000 for the

26  delivery of such assistance to Florida firms shall be based on

27  competitive requests for proposals and.  The board shall

28  establish clear standards for the delivery of services under

29  such contracts.  Such standards include, but are not limited

30  to:

31

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  1         1.  The ability and capacity to deliver services in

  2  sufficient quality and quantity.

  3         2.  The ability and capacity to deliver services in a

  4  timely manner.

  5         3.  The ability and capacity to meet the needs of firms

  6  in the proposed market area.

  7         (f)  Assisting other educational institutions,

  8  enterprises, or the entities providing business assistance to

  9  small-sized and medium-sized manufacturing enterprises.

10         (g)  Establishing a system to evaluate the

11  effectiveness and efficiency of technology applications

12  Florida Innovation Alliance services provided to small-sized

13  and medium-sized enterprises.

14         (h)  Establishing special education and informational

15  programs for Florida enterprises and for educational

16  institutions and enterprises providing business assistance to

17  Florida enterprises.

18         (i)  Evaluating and documenting the needs of firms in

19  this state for technology application services, and developing

20  means to ensure that these needs are met, consistent with the

21  powers provided for in this subsection.

22         (j)  Maintaining an office in such place or places as

23  the board recommends and the board of directors of Enterprise

24  Florida, Inc., approves.

25         (k)  Making and executing contracts with any person,

26  enterprise, educational institution, association, or any other

27  entity necessary or convenient for the performance of its

28  duties and the exercise of the board's powers and functions of

29  Enterprise Florida, Inc., under this subsection.

30         (l)  Receiving funds from any source to carry out the

31  purposes of providing technology applications services the

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  1  Florida Innovation Alliance, including, but not limited to,

  2  gifts or grants from any department, agency, or

  3  instrumentality of the United States or of the state, or any

  4  enterprise or person, for any purpose consistent with the

  5  provisions of this subsection the Florida Innovation Alliance.

  6         (m)  Acquiring or selling, conveying, leasing,

  7  exchanging, transferring, or otherwise disposing of the

  8  alliance's property or interest therein.

  9         (2)  When choosing contractors under this section,

10  preference shall be given to existing institutions,

11  organizations, and enterprises so long as these existing

12  institutions, organizations, and enterprises demonstrate the

13  ability to perform at standards established by Enterprise

14  Florida, Inc., the board under paragraph (1)(e). Neither the

15  provisions of ss. 288.9511-288.9517 nor the actions taken by

16  Enterprise Florida, Inc., under this section of the alliance

17  shall impair or hinder the operations, performance, or

18  resources of any existing institution, organization, or

19  enterprise.

20         (3)  Enterprise Florida, Inc., The board may create a

21  technology development financing fund, to be called the

22  Florida Technology Research Investment Fund. The fund shall

23  increase technology development in this state by investing in

24  technology development projects that have the potential to

25  generate investment-grade technologies of importance to the

26  state's economy as evidenced by the willingness of private

27  businesses to coinvest in such projects. Enterprise Florida,

28  Inc., The board may also demonstrate and develop effective

29  approaches to, and benefits of, commercially oriented research

30  collaborations between businesses, universities, and state and

31  federal agencies and organizations.  Enterprise Florida, Inc.,

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  1  The board shall endeavor to maintain the fund as a

  2  self-supporting fund once the fund is sufficiently capitalized

  3  as reflected in the minimum funding report required in s.

  4  288.9516.  The technology research investment projects may

  5  include, but are not limited to:

  6         (a)  Technology development projects expected to lead

  7  to a specific investment-grade technology that is of

  8  importance to industry in this state.

  9         (b)  Technology development centers and facilities

10  expected to generate a stream of products and processes with

11  commercial application of importance to industry in this

12  state.

13         (c)  Technology development projects that have, or are

14  currently using, other federal or state funds such as federal

15  Small Business Innovation Research awards.

16         (4)  Enterprise Florida, Inc., The board shall invest

17  moneys contained in the Florida Technology Research Investment

18  Fund in technology application research or for technology

19  development projects that have the potential for commercial

20  market application.  The partnership shall coordinate any

21  investment in any space-related technology projects with the

22  Spaceport Florida Authority and the Technological Research and

23  Development Authority.

24         (a)  The investment of moneys contained in the Florida

25  Technology Research Investment Fund is limited to investments

26  in qualified securities in which a private enterprise in this

27  state coinvests at least 40 percent of the total project

28  costs, in conjunction with other cash or noncash investments

29  from state educational institutions, state and federal

30  agencies, or other institutions.

31

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  1         (b)  For the purposes of this fund, qualified

  2  securities include loans, loans convertible to equity, equity,

  3  loans with warrants attached that are beneficially owned by

  4  the board, royalty agreements, or any other contractual

  5  arrangement in which the board is providing scientific and

  6  technological services to any federal, state, county, or

  7  municipal agency, or to any individual, corporation,

  8  enterprise, association, or any other entity involving

  9  technology development.

10         (c)  Not more than $175,000 or 5 percent of the

11  revenues generated by investment of moneys contained in the

12  Florida Technology Research Investment Fund, whichever is

13  greater, may be used to pay the partnership's operating

14  expenses associated with operation of the Florida Technology

15  Research Investment Fund.

16         (d)  In the event of liquidation or dissolution of

17  Enterprise Florida, Inc., or the Florida Technology Research

18  Investment Fund, any rights or interests in a qualified

19  security or portion of a qualified security purchased with

20  moneys invested by the State of Florida shall vest in the

21  state, under the control of the State Board of Administration.

22  The state is entitled to, in proportion to the amount of

23  investment in the fund by the state, any balance of funds

24  remaining in the Florida Technology Research Investment Fund

25  after payment of all debts and obligations upon liquidation or

26  dissolution of Enterprise Florida, Inc., or the fund.

27         (e)  The investment of funds contained in the Florida

28  Technology Research Investment Fund does not constitute a

29  debt, liability, or obligation of the State of Florida or of

30  any political subdivision thereof, or a pledge of the faith

31  and credit of the state or of any such political subdivision.

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  1         (5)  Enterprise Florida, Inc., The board may create

  2  technology commercialization programs in partnership with

  3  private enterprises, educational institutions, and other

  4  institutions to increase the rate at which technologies with

  5  potential commercial application are moved from university,

  6  public, and industry laboratories into the marketplace.  Such

  7  programs shall be created based upon research to be conducted

  8  by the board.

  9         Section 17.  Section 288.95155, Florida Statutes, 1998

10  Supplement, is amended to read:

11         288.95155  Florida Small Business Technology Growth

12  Program.--

13         (1)  The Florida Small Business Technology Growth

14  Program is hereby established to provide financial assistance

15  to businesses in this state having high job growth and

16  emerging technology potential and fewer than 100 employees.

17  The program shall be administered and managed by the

18  technology development board of Enterprise Florida, Inc.

19         (2)  Enterprise Florida, Inc., The board shall

20  establish a separate small business technology growth account

21  in the Florida Technology Research Investment Fund for

22  purposes of this section. Moneys in the account shall consist

23  of appropriations by the Legislature, proceeds of any

24  collateral used to secure such assistance, transfers, fees

25  assessed for providing or processing such financial

26  assistance, grants, interest earnings, earnings on financial

27  assistance, and any moneys transferred to the account by the

28  Department of Community Affairs from the Economic Opportunity

29  Trust Fund for use in qualifying energy projects.

30         (3)  Pursuant to s. 216.351, the amount of any moneys

31  appropriated to the account which are unused at the end of the

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  1  fiscal year shall not be subject to reversion under s.

  2  216.301. All moneys in the account are continuously

  3  appropriated to the account and may be used for loan

  4  guarantees, letter of credit guarantees, cash reserves for

  5  loan and letter of credit guarantees, payments of claims

  6  pursuant to contracts for guarantees, subordinated loans,

  7  loans with warrants, royalty investments, equity investments,

  8  and operations of the program. Any claim against the program

  9  shall be paid solely from the account. Neither the credit nor

10  the taxing power of the state shall be pledged to secure the

11  account or moneys in the account, other than from moneys

12  appropriated or assigned to the account, and the state shall

13  not be liable or obligated in any way for any claims against

14  the account or, against the technology development board, or

15  against Enterprise Florida, Inc.

16         (4)  Awards of assistance from the program shall be

17  finalized at meetings of the technology development board and

18  shall be subject to the policies and procedures of Enterprise

19  Florida, Inc. Enterprise Florida, Inc., The board shall

20  leverage at least one dollar of matching investment for each

21  dollar awarded from the program. Enterprise Florida, Inc., The

22  board shall give the highest priority to moderate-risk and

23  high-risk ventures that offer the greatest opportunity for

24  compelling economic development impact. Enterprise Florida,

25  Inc., The board shall establish for each award a risk-reward

26  timetable that profiles the risks of the assistance, estimates

27  the potential economic development impact, and establishes a

28  timetable for reviewing the success or failure of the

29  assistance. By December 31 of each year, Enterprise Florida,

30  Inc., the board shall evaluate, on a portfolio basis, the

31

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  1  results of all awards of assistance made from the program

  2  during the year.

  3         (5)  By January 1 of each year, Enterprise Florida,

  4  Inc., the board shall prepare a report on the financial status

  5  of the program and the account and shall submit a copy of the

  6  report to the board of directors of Enterprise Florida, Inc.,

  7  the appropriate legislative committees responsible for

  8  economic development oversight, and the appropriate

  9  legislative appropriations subcommittees. The report shall

10  specify the assets and liabilities of the account within the

11  current fiscal year and shall include a portfolio update that

12  lists all of the businesses assisted, the private dollars

13  leveraged by each business assisted, and the growth in sales

14  and in employment of each business assisted.

15         Section 18.  Section 288.9519, Florida Statutes, is

16  amended to read:

17         288.9519  Not-for-profit corporation.--

18         (1)  It is the intent of the Legislature to promote the

19  development of the state economy and to authorize the

20  establishment of a not-for-profit organization that shall

21  promote the competitiveness and profitability of

22  high-technology business and industry through technology

23  development projects of importance to specific manufacturing

24  sectors in this state.  This not-for-profit corporation shall

25  work cooperatively with Enterprise Florida, Inc., the

26  technology development board and shall avoid duplicating the

27  activities, programs, and functions of Enterprise Florida,

28  Inc. the board.

29         (2)  In addition to all other powers and authority, not

30  explicitly prohibited by statutes, this not-for-profit

31  organization has the following powers and duties:

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  1         (a)  To receive funds appropriated to the organization

  2  by the Legislature.  Such funds may not duplicate funds

  3  appropriated to Enterprise Florida, Inc. the technology

  4  development board but shall serve to further the advancement

  5  of the state economy, jointly and collaboratively with

  6  Enterprise Florida, Inc. the board.

  7         (b)  To submit a legislative budget request through a

  8  state agency.

  9         (c)  To accept gifts, grants, donations, expenses,

10  in-kind services, or other goods or services for carrying out

11  its purposes, and to expend such funds or assets in any legal

12  manner according to the terms and conditions of acceptance and

13  without interference, control, or restraint by the state.

14         (d)  To carry forward any unexpended state

15  appropriations into succeeding fiscal years.

16         Section 19.  Section 288.9520, Florida Statutes, is

17  amended to read:

18         288.9520  Public records exemption.--Materials that

19  relate to methods of manufacture or production, potential

20  trade secrets, potentially patentable material, actual trade

21  secrets, business transactions, financial and proprietary

22  information, and agreements or proposals to receive funding

23  that are received, generated, ascertained, or discovered by

24  Enterprise Florida, Inc., the technology development board,

25  including its affiliates or subsidiaries and partnership

26  participants, such as private enterprises, educational

27  institutions, and other organizations, are confidential and

28  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

29  I of the State Constitution, except that a recipient of

30  Enterprise Florida, Inc., board research funds shall make

31  available, upon request, the title and description of the

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  1  research project, the name of the researcher, and the amount

  2  and source of funding provided for the project.

  3         Section 20.  Subsection (10) of section 288.9603,

  4  Florida Statutes, is amended to read:

  5         288.9603  Definitions.--

  6         (10)  "Partnership" means the Enterprise Florida, Inc

  7  capital development board created under s. 288.9611.

  8         Section 21.  Subsections (2) and (3) of section

  9  288.9604, Florida Statutes, are amended to read:

10         288.9604  Creation of the authority.--

11         (2)  A city or county of Florida shall be selected by a

12  search committee of Enterprise Florida, Inc the capital

13  development board. This city or county shall be authorized to

14  activate the corporation.  The search committee shall be

15  composed of two commercial banking representatives, the Senate

16  member of the partnership, the House of Representatives member

17  of the partnership, and a member who is an industry or

18  economic development professional.

19         (3)  Upon activation of the corporation, the Governor,

20  subject to confirmation by the Senate, shall appoint the board

21  of directors of the corporation, who shall be five in number.

22  The terms of office for the directors shall be for 4 years,

23  except that three of the initial directors shall be designated

24  to serve terms of 1, 2, and 3 years, respectively, from the

25  date of their appointment, and all other directors shall be

26  designated to serve terms of 4 years from the date of their

27  appointment. A vacancy occurring during a term shall be filled

28  for the unexpired term. A director shall be eligible for

29  reappointment. At least three of the directors of the

30  corporation shall be bankers who have been selected by the

31  Governor from a list of bankers who were nominated by the

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  1  Enterprise Florida, Inc. capital development board, and one of

  2  the directors shall be an economic development specialist. The

  3  chairperson of the Florida Black Business Investment Board

  4  shall be an ex officio member of the board of the corporation.

  5         Section 22.  Section 288.9614, Florida Statutes, is

  6  amended to read:

  7         288.9614  Authorized programs.--Enterprise Florida,

  8  Inc., The capital development board may take any action that

  9  it deems necessary to achieve the purposes of this act in

10  partnership with private enterprises, public agencies, and

11  other organizations, including, but not limited to, efforts to

12  address the long-term debt needs of small-sized and

13  medium-sized firms, to address the needs of microenterprises,

14  to expand availability of venture capital, and to increase

15  international trade and export finance opportunities for firms

16  critical to achieving the purposes of this act.

17         Section 23.  Subsection (1) of section 288.9618,

18  Florida Statutes, is amended to read:

19         288.9618  Microenterprises.--

20         (1)  Subject to specific appropriations in the General

21  Appropriations Act, the Office of Tourism, Trade, and Economic

22  Development may contract with the Enterprise Florida Capital

23  Development Board or some other appropriate not-for-profit or

24  governmental organization for any action that the office deems

25  necessary to foster the development of microenterprises in the

26  state.  As used within this section, microenterprises are

27  extremely small business enterprises which enable low and

28  moderate income individuals to achieve self-sufficiency

29  through self-employment.  Microenterprise programs are those

30  which provide at least one of the following:  small amounts of

31  capital, business training, and technical assistance.  Where

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  1  feasible, the office or organizations under contract with the

  2  office shall work in cooperation with other organizations

  3  active in the study and support of microenterprises.  Such

  4  actions may include, but are not limited to:

  5         (a)  Maintaining a network of communication and

  6  coordination among existing microenterprise lending and

  7  assistance programs throughout the state.

  8         (b)  Providing information and technical help to

  9  community-based or regional organizations attempting to

10  establish new microenterprise programs.

11         (c)  Encouraging private sector investment in

12  microenterprises and microenterprise lending programs.

13         (d)  Fostering mentoring and networking relationships

14  among microenterprises and other businesses and public bodies

15  in order to give microenterprises access to management advice

16  and business leads.

17         (e)  Incorporating microenterprise components into the

18  capital development programs and other business development

19  programs operated by Enterprise Florida, Inc., and its

20  affiliates.

21         (f)  Providing organizational, financial, and marketing

22  support for conferences, workshops, or similar events that

23  focus on microenterprise development.

24         (g)  Establishing a program and guidelines for the

25  award of matching grants on a competitive basis to support the

26  operational expenses of not-for-profit organizations and

27  government agencies that are engaged in microenterprise

28  lending and other microenterprise assistance activities.

29         (h)  Coordinating with other organizations to ensure

30  that participants in the WAGES Program are given opportunities

31  to create microenterprises.

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  1         Section 24.  Sections 288.902, 288.9512, 288.9513,

  2  288.9514, 288.9516, 288.9611, 288.9612, 288.9613, and

  3  288.9615, Florida Statutes, are repealed.

  4         Section 25.  (1)  Notwithstanding any other provision

  5  of law, any contract or interagency agreement existing on or

  6  before the effective date of this act between the Technology

  7  Development Board or the Capital Development Board of

  8  Enterprise Florida, Inc., or entities or agents of those

  9  boards, and other agencies, entities, or persons shall

10  continue as binding contracts or agreements with Enterprise

11  Florida, Inc., which is the successor entity responsible for

12  the program, activity, or functions relative to the contract

13  or agreement.

14         (2)  Any tangible personal property of the Technology

15  Development Board or the Capital Development Board of

16  Enterprise Florida, Inc., is transferred to Enterprise

17  Florida, Inc.

18         (3)  Enterprise Florida, Inc., shall assume

19  responsibility for any programs or activities of the

20  Technology Development Board and the Capital Development Board

21  in existence as of the effective date of this act and shall

22  determine the appropriate placement of such programs or

23  activities within the organization. Enterprise Florida, Inc.,

24  shall ensure that placement of such programs or activities

25  within the organization does not jeopardize the continuation

26  or renewal of any nonstate funding supporting such programs.

27  Enterprise Florida, Inc., shall assume responsibility for the

28  purposes and missions of the Technology Development Board and

29  the Capital Development Board, including, but not limited to,

30  fostering the growth of high-technology and other value-added

31  industries and jobs in the state, providing leadership for the

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  1  creation of innovation-driven firms in the state, and building

  2  access to financial markets for firms critical to fulfillment

  3  of the economic development goals of the state. Enterprise

  4  Florida, Inc., shall integrate these technology development

  5  and capital development purposes and missions into the

  6  organization's principal purpose and mission of business

  7  recruitment, business retention and expansion, international

  8  trade and reverse investment, and workforce development.

  9         Section 26.  The Division of Statutory Revision is

10  directed to redesignate part VIII of chapter 288, Florida

11  Statutes, as "Technology Development" and to redesignate part

12  IX of that chapter as "Capital Development."

13         Section 27.  Subsections (6) and (11) of section

14  288.99, Florida Statutes, 1998 Supplement, are amended to

15  read:

16         288.99  Certified Capital Company Act.--

17         (6)  PREMIUM TAX CREDIT; AMOUNT; LIMITATIONS.--

18         (a)  Any certified investor who makes an investment of

19  certified capital shall earn a vested credit against premium

20  tax liability equal to 100 percent of the certified capital

21  invested by the certified investor. Certified investors shall

22  be entitled to use no more than 10 percentage points of the

23  vested premium tax credit, including any carryforward credits

24  under this act, per year beginning with premium tax filings

25  for calendar year 2000. Any premium tax credits not used by

26  certified investors in any single year may be carried forward

27  and applied against the premium tax liabilities of such

28  investors for subsequent calendar years.  The carryforward

29  credit may be applied against subsequent premium tax filings

30  through calendar year 2017.

31

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  1         (b)  The credit to be applied against premium tax

  2  liability in any single year may not exceed the premium tax

  3  liability of the certified investor for that taxable year.

  4         (c)  A certified investor claiming a credit against

  5  premium tax liability earned through an investment in a

  6  certified capital company shall not be required to pay any

  7  additional retaliatory tax levied pursuant to s. 624.5091 as a

  8  result of claiming such credit.  Because credits under this

  9  section are available to a certified investor, s. 624.5091

10  does not limit such credit in any manner.

11         (d)  The amount of tax credits vested under the

12  Certified Capital Company Act shall not be considered in

13  ratemaking proceedings involving a certified investor.

14         (11)  TRANSFERABILITY.--The claim of a transferee of a

15  certified investor's unused premium tax credit shall be

16  permitted in the same manner and subject to the same

17  provisions and limitations of this act as the original

18  certified investor.  The term "transferee" means any person

19  who:

20         (a)  Through the voluntary sale, assignment, or other

21  transfer of the business or control of the business of the

22  certified investor, including the sale or other transfer of

23  stock or assets by merger, consolidation, or dissolution,

24  succeeds to all or substantially all of the business and

25  property of the certified investor;

26         (b)  Becomes by operation of law or otherwise the

27  parent company of the certified investor; or

28         (c)  Directly or indirectly owns, whether through

29  rights, options, convertible interests, or otherwise,

30  controls, or holds power to vote 10 percent or more of the

31

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  1  outstanding voting securities or other ownership interest of

  2  the certified investor; or.

  3         (d)  Is a subsidiary of the certified investor or 10

  4  percent or more of whose outstanding voting securities or

  5  other ownership interest are directly or indirectly owned,

  6  whether through rights, options, convertible interests, or

  7  otherwise, by the certified investor.

  8         Section 28.  Subsection (2) of section 220.191, Florida

  9  Statutes, 1998 Supplement, is amended to read:

10         220.191  Capital investment tax credit.--

11         (2)  An annual credit against the tax imposed by this

12  chapter shall be granted to any qualifying business in an

13  amount equal to 5 percent of the eligible capital costs

14  generated by a qualifying project, for a period not to exceed

15  20 years beginning with the commencement of operations of the

16  project. The tax credit shall be granted against only the

17  corporate income tax liability or the premium tax liability

18  generated by or arising out of the qualifying project, and the

19  sum of all tax credits provided pursuant to this section shall

20  not exceed 100 percent of the eligible capital costs of the

21  project. In no event may any credit granted under this section

22  be carried forward or backward by any qualifying business with

23  respect to a subsequent or prior year. The annual tax credit

24  granted under this section shall not exceed the following

25  percentages of the annual corporate income tax liability or

26  the premium tax liability generated by or arising out of a

27  qualifying project:

28         (a)  One hundred percent for a qualifying project which

29  results in a cumulative capital investment of at least $100

30  million.

31

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  1         (b)  Seventy-five percent for a qualifying project

  2  which results in a cumulative capital investment of at least

  3  $50 million but less than $100 million.

  4         (c)  Fifty percent for a qualifying project which

  5  results in a cumulative capital investment of at least $25

  6  million but less than $50 million.

  7

  8  A qualifying project which results in a cumulative capital

  9  investment of less than $25 million is not eligible for the

10  capital investment tax credit. An insurance company claiming a

11  credit against premium tax liability under this program shall

12  not be required to pay any additional retaliatory tax levied

13  pursuant to s. 624.5091 as a result of claiming such credit.

14  Because credits under this section are available to an

15  insurance company, s. 624.5091 does not limit such credit in

16  any manner.

17         Section 29.  Subsection (7) of section 163.3178,

18  Florida Statutes, is amended to read:

19         163.3178  Coastal management.--

20         (7)  Each port listed in s. 311.09(1) and each local

21  government in the coastal area which has spoil disposal

22  responsibilities shall provide for or identify disposal sites

23  for dredged materials in the future land use and port elements

24  of the local comprehensive plan as needed to assure proper

25  long-term management of material dredged from navigation

26  channels, sufficient long-range disposal capacity,

27  environmental sensitivity and compatibility, and reasonable

28  cost and transportation.  The disposal site selection criteria

29  shall be developed in consultation with navigation and inlet

30  districts and other appropriate state and federal agencies and

31  the public. For areas owned or controlled by ports listed in

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  1  s. 311.09(1) and proposed port expansion areas, compliance

  2  with the provisions of this subsection shall be achieved

  3  through comprehensive master plans prepared by each port and

  4  integrated with the appropriate local plan pursuant to

  5  paragraph (2)(k).

  6         Section 30.  Paragraph (h) is added to subsection (1)

  7  of section 163.3187, Florida Statutes, 1998 Supplement, and

  8  paragraph (a) of subsection (6) of that section is amended, to

  9  read:

10         163.3187  Amendment of adopted comprehensive plan.--

11         (1)  Amendments to comprehensive plans adopted pursuant

12  to this part may be made not more than two times during any

13  calendar year, except:

14         (h)  Any comprehensive plan amendments for port

15  transportation facilities and projects that are eligible for

16  funding by the Florida Seaport Transportation and Economic

17  Development Council pursuant to s. 311.07.

18         (6)(a)  No local government may amend its comprehensive

19  plan after the date established by the state land planning

20  agency for adoption of its evaluation and appraisal report

21  unless it has submitted its report or addendum to the state

22  land planning agency as prescribed by s. 163.3191, except for

23  plan amendments described in paragraph (1)(b) or paragraph

24  (1)(h).

25         Section 31.  Subsection (4) is added to section 253.77,

26  Florida Statutes, to read:

27         253.77  State lands; state agency authorization for use

28  prohibited without consent of agency in which title vested;

29  concurrent processing requirements.--

30         (4)  Notwithstanding any other provision of this

31  chapter, chapter 373, or chapter 403, for activities

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  1  authorized by a permit or exemption pursuant to chapter 373 or

  2  chapter 403, ports listed in s. 403.021(9)(b) and inland

  3  navigation districts created pursuant to s. 374.975(3) shall

  4  not be required to pay any fees for activities involving the

  5  use of sovereign lands, including leases, easements, or

  6  consents of use.

  7         Section 32.  Section 288.8155, Florida Statutes, is

  8  amended to read:

  9         (Substantial rewording of section. See

10         s. 288.8155, F.S., for present text.)

11         288.8155  International Trade Data Resource and

12  Research Center.--Enterprise Florida, Inc., and the Florida

13  Seaport Transportation and Economic Development Council shall

14  establish a comprehensive trade data resource and research

15  center to be known as the "International Trade Data Resource

16  and Research Center."  The center shall be incorporated as a

17  private nonprofit corporation operated in compliance with

18  chapter 617, and shall not be a unit or entity of state

19  government.

20         (1)  The center shall be governed by a board of

21  directors composed of the following members: one

22  representative appointed by Enterprise Florida, Inc., one

23  representative appointed by the Florida Seaport Transportation

24  and Economic Development Council, and one representative

25  appointed by the Office of Tourism, Trade, and Economic

26  Development.

27         (2)  In addition to all powers authorized pursuant to

28  chapter 617, the center shall have the power to:

29         (a)  Develop a state-wide trade information system that

30  may include, but is not limited to, timely import and export

31  information; trade opportunities; intermodal transportation

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  1  information that measures cargo flow by transportation mode;

  2  commodity trends; trade activity between Florida and specific

  3  countries; and other information as determined by the board of

  4  directors.

  5         (b)  Develop an Internet based electronic commerce

  6  system designed to facilitate international trade in the

  7  Americas.

  8         (c)  Provide research on trade opportunities in

  9  specific countries.

10         (d)  Provide any other terms and conditions required to

11  effect the intent of the Legislature to ensure the general

12  availability of trade data and research to Florida users and

13  to promote the development of a center for the purposes

14  enumerated in this section.

15         (e)  Make and enter into contracts and other

16  instruments with public or private-sector entities, domestic

17  or foreign, necessary or convenient for the purpose of

18  exercising or performing its powers and functions.

19         (f)  Secure funding for the programs and activities of

20  the center from federal, state, local, or private sources, and

21  enter into contracts that provide terms and conditions to

22  secure such funding.

23         (g)  Charge fees for services, programs, and activities

24  developed pursuant to this section and for published

25  materials.

26         (h)  Solicit, receive, hold, invest, and administer any

27  grant, payment, or gift of funds or property and make

28  expenditures consistent with the powers granted to it.

29         (i)  Acquire, enjoy, use, and dispose of patents,

30  copyrights, and trademarks and any licenses, royalties, and

31  other rights or interests thereunder or therein.

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  1         (3)  Information produced by the center will be made

  2  available to Enterprise Florida, Inc., the Florida Seaport

  3  Transportation and Economic Development Council, the Office of

  4  Tourism, Trade, and Economic Development, and state agencies

  5  under such terms as decided by the board of directors.

  6         Section 33.  Section 311.07, Florida Statutes, is

  7  amended to read:

  8         311.07  Florida seaport transportation and economic

  9  development funding.--

10         (1)  There is created the Florida Seaport

11  Transportation and Economic Development Program within the

12  Department of Transportation to finance port transportation or

13  port facilities and projects that will improve the movement

14  and intermodal transportation of cargo or passengers in

15  commerce and trade and that will support the interests,

16  purposes, and requirements of ports located in this state.

17         (2)  A minimum of $8 million per year shall be made

18  available from the State Transportation Trust Fund to fund the

19  Florida Seaport Transportation and Economic Development

20  Program.

21         (3)(a)  Program funds shall be used to fund approved

22  projects on a 50-50 matching basis with any of the deepwater

23  ports, as listed in s. 403.021(9)(b), which is governed by a

24  public body or any other deepwater port which is governed by a

25  public body and which complies with the water quality

26  provisions of s. 403.061, the comprehensive master plan

27  requirements of s. 163.3178(2)(k), the local financial

28  management and reporting provisions of part III of chapter

29  218, and the auditing provisions of s. 11.45(3)(a)4. Program

30  funds also may be used by the Seaport Transportation and

31  Economic Development Council to develop with the Florida Trade

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  1  Data Center such trade data, trade market, and shipping

  2  information products that which will assist Florida's seaports

  3  and international trade.

  4         (b)  Projects eligible for funding by grants under the

  5  program are limited to the following port transportation

  6  facilities and or port transportation projects that

  7  accommodate freight movement and storage capacity or cruise

  8  capacity:

  9         1.  Transportation facilities within the jurisdiction

10  of the port.

11         2.  The dredging or deepening of channels, turning

12  basins, or harbors.

13         3.  The construction or rehabilitation of wharves,

14  docks, structures, jetties, piers, storage facilities, cruise

15  terminals, automated people mover systems, or any facilities

16  necessary or useful in connection with any of the foregoing.

17         4.  The acquisition of container cranes or other

18  mechanized equipment used in the movement of cargo or

19  passengers in international commerce.

20         5.  The acquisition of land to be used for port

21  purposes, consistent with port master plans in compliance with

22  s. 163.3178.

23         6.  The acquisition, improvement, enlargement, or

24  extension of existing port facilities, consistent with port

25  master plans in compliance with s. 163.3178.

26         7.  Environmental protection projects which are

27  necessary because of requirements imposed by a state agency as

28  a condition of a permit or other form of state approval; which

29  are necessary for environmental mitigation required as a

30  condition of a state, federal, or local environmental permit;

31  which are necessary for the acquisition of spoil disposal

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  1  sites and improvements to existing and future spoil sites; or

  2  which result from the funding of eligible projects listed

  3  herein.

  4         8.  Transportation facilities as defined in s.

  5  334.03(31) which are not otherwise part of the Department of

  6  Transportation's adopted work program.

  7         9.  Seaport intermodal access projects identified in

  8  the 5-year Florida Seaport Mission Plan as provided in s.

  9  311.09(3).

10         (c)  To be eligible for consideration by the council

11  pursuant to this section, a project must be consistent with

12  the port comprehensive master plan which is incorporated as

13  part of the approved local government comprehensive plan as

14  required by s. 163.3178(2)(k) or other provisions of the Local

15  Government Comprehensive Planning and Land Development

16  Regulation Act, part II of chapter 163.

17         (4)  Program funds may also be used to fund:

18         (a)  Construction or rehabilitation of port facilities,

19  as defined in s. 315.02, in ports listed in s. 311.09(1) with

20  operating revenues of $5 million or less, if such projects

21  create economic development opportunities, capital

22  improvements, and positive financial returns to the port.

23         (b)  Trade corridor or systemwide freight mobility

24  plans.

25         (4)  A port eligible for matching funds under the

26  program may receive a distribution of not more than $7 million

27  during any 1 calendar year and a distribution of not more than

28  $30 million during any 5-calendar-year period.

29         (5)  Any port which receives funding under the program

30  shall institute procedures to ensure that jobs created as a

31  result of the state funding shall be subject to equal

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  1  opportunity hiring practices in the manner provided in s.

  2  110.112.

  3         (6)  The Department of Transportation shall ensure that

  4  subject any project that receives funds pursuant to this

  5  section and s. 320.20 is audited to a final audit.  The

  6  department may adopt rules and perform such other acts as are

  7  necessary or convenient to ensure that the final audits are

  8  conducted and that any deficiency or questioned costs noted by

  9  the audit are resolved.

10         Section 34.  Subsections (1), (4), (9), (11), and (12)

11  of section 311.09, Florida Statutes, are amended to read:

12         311.09  Florida Seaport Transportation and Economic

13  Development Council.--

14         (1)  The Florida Seaport Transportation and Economic

15  Development Council is created within the Department of

16  Transportation.  The council consists of the following 17

17  members: the port director, or the port director's designee,

18  of each of the ports of Jacksonville, Port Canaveral, Fort

19  Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, St.

20  Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key

21  West, and Fernandina; the secretary of the Department of

22  Transportation or his or her designee as an ex officio

23  nonvoting member; the director of the Office of Tourism,

24  Trade, and Economic Development or his or her designee as an

25  ex officio nonvoting member; and the secretary of the

26  Department of Community Affairs or his or her designee as an

27  ex officio nonvoting member.

28         (4)  The council shall adopt rules for evaluating

29  projects that which may be funded under s. 311.07. The rules

30  shall provide criteria for evaluating the economic benefit of

31  the project, measured by the potential for the proposed

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  1  project to maintain or increase cargo flow, cruise passenger

  2  movement, international commerce, port revenues, and the

  3  number of jobs for the port's local community.

  4         (9)  The council shall review the findings of the

  5  Department of Community Affairs; the Office of Tourism, Trade,

  6  and Economic Development; and the Department of

  7  Transportation.  Projects found to be inconsistent pursuant to

  8  subsections (6), (7), and (8) and projects which have been

  9  determined not to offer an economic benefit to the state

10  pursuant to subsection (8) shall not be included in the list

11  of projects to be funded. Projects that are found to be

12  consistent, pursuant to subsections (6), (7), and (8), are

13  presumed to be in the public interest.

14         (11)  The council shall create a committee composed of

15  a representative from the Department of Community Affairs, a

16  representative from the Department of Transportation, a

17  representative from the Office of Tourism, Trade, and Economic

18  Development, and a representative from the council selected by

19  the voting membership to review a project modification. The

20  committee shall establish criteria to be used in the review of

21  a project modification. The committee, acting for the council,

22  shall determine the impact of such modification and whether it

23  requires that the project be resubmitted to the council for

24  approval or disapproval pursuant to subsection (5).

25         (12)(11)  The council shall meet at the call of its

26  chairperson, at the request of a majority of its membership,

27  or at such times as may be prescribed in its bylaws.  However,

28  the council must meet at least semiannually.  A majority of

29  voting members of the council constitutes a quorum for the

30  purpose of transacting the business of the council.  All

31  members of the council are voting members except for members

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  1  representing the Department of Transportation; the Department

  2  of Community Affairs; and the Office of Tourism, Trade, and

  3  Economic Development.  A vote of the majority of the voting

  4  members present is sufficient for any action of the council,

  5  except that a member representing the Department of

  6  Transportation, the Department of Community Affairs, or the

  7  Office of Tourism, Trade, and Economic Development may vote to

  8  overrule any action of the council approving a project

  9  pursuant to subsection (5). The unless the bylaws of the

10  council require a greater vote for a particular action.

11         (13)(12)  Members of the council shall serve without

12  compensation but are entitled to receive reimbursement for per

13  diem and travel expenses as provided in s. 112.061.  The

14  council may elect to provide an administrative staff to

15  provide services to the council on matters relating to the

16  Florida Seaport Transportation and Economic Development

17  Program and the council.  The cost for such administrative

18  services shall be paid by all ports that receive funding from

19  the Florida Seaport Transportation and Economic Development

20  Program, based upon a pro rata formula measured by each

21  recipient's share of the funds as compared to the total funds

22  disbursed to all recipients during the year.  The share of

23  costs for administrative services shall be paid in its total

24  amount by the recipient port upon execution by the port and

25  the Department of Transportation of a joint participation

26  agreement for each council-approved project, or as otherwise

27  directed by the council, and such payment is in addition to

28  the matching funds required to be paid by the recipient port.

29         Section 35.  Section 311.101, Florida Statutes, is

30  created to read:

31

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  1         311.101  Department of Transportation; Seaport and

  2  Intermodal Development.--

  3         (1)  There is created, within the Office of the State

  4  Public Transportation Administrator of the Department of

  5  Transportation, the Office of Seaport and Intermodal

  6  Development, to enhance this state's global competitiveness,

  7  productivity, and efficiency in international trade and the

  8  movement of people and goods to and from its intermodal

  9  facilities. The Office of Seaport Development and Intermodal

10  Development shall:

11         (a)  Advise and assist the State Public Transportation

12  Administrator and the Secretary of Transportation in all

13  seaport and intermodal matters.

14         (b)  Coordinate the activities of the department and

15  its district offices regarding seaport and intermodal matters.

16         (c)  Review candidate projects approved by the Florida

17  Seaport Transportation and Economic Development Council to

18  determine consistency with the Florida Transportation Plan and

19  the department's adopted work program pursuant to s.

20  311.09(7).

21         (d)  Review, for consistency pursuant to s. 311.09(7),

22  seaport intermodal access projects, as described in s.

23  341.053(5) and funded pursuant to s. 320.20(4) and (5).

24         (e)  Review any proposed project scope modification

25  made to eligible projects approved by the Florida Seaport

26  Transportation and Economic Development Council, pursuant to

27  s. 311.09(11).

28         (f)  Direct required audit reviews pursuant to s.

29  311.07(6) of any project that receives funds pursuant to this

30  chapter.

31

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  1         (g)  Administer seaport and intermodal development

  2  activities of the department, pursuant to ss. 311.14, 320.20,

  3  and 341.053.

  4         (h)  Carry out any other seaport and intermodal

  5  activities assigned to it by the Secretary of Transportation

  6  to work cooperatively with the Florida Seaport Transportation

  7  and Economic Development Council and others in administering

  8  provisions pursuant to chapter 311 and ss. 320.20 and 341.053.

  9         (2)  By February 1 of each year, the Department of

10  Transportation shall submit to the Governor, the President of

11  the Senate, and the Speaker of the House of Representatives a

12  detailed report on state seaport development efforts conducted

13  during the year.

14         Section 36.  Section 311.102, Florida Statutes, is

15  created to read:

16         311.102  Department of Community Affairs; Seaport and

17  Freight Mobility Planning.--There is created, within the

18  Department of Community Affairs, the Office of Seaport and

19  Freight Mobility Planning to enhance this state's global

20  competitiveness, productivity, and efficiency in international

21  trade and the movement of people and cargo to and from its

22  seaports. The Office of Seaport and Freight Mobility Planning

23  shall:

24         (1)  Review port comprehensive master plans and provide

25  technical assistance to ports as necessary to maintain

26  compliance with s. 163.3178(2)(k).

27         (2)  Review eligible projects approved by the Florida

28  Seaport Transportation and Economic Development Council to

29  determine consistency with local government comprehensive

30  plans and consistency with port master plans, pursuant to s.

31  311.09(6).

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  1         (3)  Coordinate coastal consistency review, pursuant to

  2  the provisions of s. 380.23(3), of activities, uses, and

  3  projects potentially affecting ports listed in s. 311.09(1).

  4         (4)  Review and recommend actions required to achieve

  5  consistency between the intermodal transportation components

  6  of port master plans, local comprehensive plans, the 5-year

  7  Florida Seaport Mission Plan developed pursuant to s.

  8  311.09(3), the Florida Transportation Plan developed pursuant

  9  to s. 339.155, and M.P.O. plans and programs as provided in s.

10  339.175.

11         (5)  Ensure, to the greatest extent possible, that the

12  actions and review functions of the department, with respect

13  to ports listed in s. 311.09(1), do not duplicate the actions

14  and review functions of federal agencies, other state

15  agencies, water management districts, and the Fish and

16  Wildlife Conservation Commission.

17         Section 37.  Section 311.20, Florida Statutes, is

18  created to read:

19         311.20  Northwest Florida Seaport Transportation and

20  Economic Development Council.--

21         (1)  There is created the Northwest Florida Seaport

22  Transportation and Economic Development Council as a

23  corporation not-for-profit pursuant to chapter 617. The

24  purpose of the council is to enhance economic development in

25  the northwest Florida region by creating jobs and increasing

26  cargo flow and port revenues at the three ports in the region

27  and the regional communities.

28         (2)(a)  The council shall consist of the following

29  members: the port director of the port of Panama City or his

30  or her designee; the port director of the port of Pensacola or

31  his or her designee; the port director of the port of Port St.

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  1  Joe or his or her designee; the director of the Office of

  2  Tourism, Trade, and Economic Development or his or her

  3  designee; and a representative from Enterprise Florida, Inc.

  4  The members of the council may appoint up to four ex-officio

  5  nonvoting members.

  6         (b)  Members of the council shall serve without

  7  compensation but may receive reimbursement for per diem and

  8  travel expenses as provided in s. 112.061.

  9         (3)  The council shall develop a comprehensive

10  strategic regional development plan that includes:

11         (a)  A marketing strategy for development at the three

12  ports and their respective communities;

13         (b)  A review of multi-modal transportation

14  requirements for the region; and

15         (c)  An identification of specific transportation and

16  economic development projects that create jobs and increase

17  cargo flow and port revenues at the three ports and the

18  regional communities. Subject to specific appropriation by the

19  Legislature, the council may grant funds for the development

20  of such projects.

21         (4)  The council shall have all the powers necessary

22  and convenient to administer this section, including the power

23  to:

24         (a)  Solicit, receive, hold, invest, and administer any

25  grant, payment, or gift of funds or property.

26         (b)  Purchase, receive, hold, lease, or otherwise

27  acquire, and sell, convey, transfer, lease, or otherwise

28  dispose of, real property and personal property together with

29  rights and privileges as are incidental and appurtenant

30  thereto.

31

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  1         (c)  Contract with public-sector or private-sector

  2  entities for the purpose of exercising or performing its

  3  powers and functions.

  4         (5)  The council may appoint an executive director, and

  5  the executive director may employ staff authorized by the

  6  council. The compensation of the executive director and staff

  7  shall be set by the council.

  8         Section 38.  Present subsections (4) and (5) of section

  9  320.20, Florida Statutes, are redesignated as subsections (5)

10  and (6), respectively, and a new subsection (4) is added to

11  that section, to read:

12         320.20  Disposition of license tax moneys.--The revenue

13  derived from the registration of motor vehicles, including any

14  delinquent fees and excluding those revenues collected and

15  distributed under the provisions of s. 320.081, must be

16  distributed monthly, as collected, as follows:

17         (4)  Notwithstanding any other provision of law, except

18  for subsections (1), (2), (3), and (5), on July 1, 1999, and

19  annually thereafter, $10 million shall be deposited in the

20  State Transportation Trust Fund solely for the purposes of

21  funding the Florida Seaport Transportation and Economic

22  Development Program, as provided in chapter 311, and for

23  funding seaport intermodal access projects of statewide

24  significance, as provided in s. 341.053. Such revenues shall

25  be distributed to any port listed in s. 311.09(1), to be used

26  for funding projects on a matching basis as follows:

27         (a)  For seaport intermodal access projects as

28  described in s. 341.053(5), which are identified in the 5-year

29  Florida Seaport Mission Plan under s. 311.09(3), funding shall

30  require a 25-percent match of the funds received under this

31

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  1  subsection. Matching funds may come from any port funds,

  2  federal funds, local funds, or private funds.

  3         (b)  For seaport intermodal access projects that

  4  involve the dredging or deepening of channels, turning basins,

  5  or harbors or the rehabilitation of wharves, docks, or similar

  6  structures, funding shall require a 25-percent match of the

  7  funds received under this subsection. Matching funds may come

  8  from any port funds, federal funds, local funds, or private

  9  funds.

10         (c)  For seaport projects as described in s.

11  311.07(3)(b), including on-port gateway road/rail intermodal

12  projects, funding shall require a 50-percent match of the

13  funds received under this subsection. Matching funds may come

14  from any port funds, federal funds, local funds, or private

15  funds.

16         (d)  For seaport projects identified and approved

17  pursuant to s. 311.20(3), funding shall require a 25-percent

18  match of the funds received under this subsection. Matching

19  funds may come from any port funds, federal funds, local

20  funds, or private funds. Such revenues may be assigned,

21  pledged, or set aside as a trust for the payment of principal

22  or interest on bonds, tax anticipation certificates, or any

23  other form of indebtedness issued by an individual port or

24  appropriate local government having jurisdiction thereof, or

25  collectively by interlocal agreement among any of the ports,

26  or used to purchase credit support to permit such borrowings.

27  However, such debt if not a general obligation of the state.

28  The state covenants with holders of such revenue bonds or

29  other instruments of indebtedness that it will not repeal or

30  impair or amend this subsection in any manner that will

31  materially and adversely affect the rights of holders as long

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  1  as bonds authorized by this subsection are outstanding. Any

  2  revenues that are not pledged to the repayment of bonds as

  3  authorized by this section may be used for purposes authorized

  4  under the Florida Seaport Transportation and Economic

  5  Development Program. This revenue source is in addition to any

  6  amounts provided for and appropriated in accordance with s.

  7  311.07 and subsection (3). The Florida Seaport Transportation

  8  and Economic Development Council shall approve distribution of

  9  funds to ports for projects that have been approved pursuant

10  to s. 311.09(5)-(9), or for seaport intermodal access projects

11  identified in the 5-year Florida Seaport Mission Plan, as

12  provided in s. 311.09(3) and mutually agreed upon by the

13  council and the Department of Transportation. The council and

14  the Department of Transportation are authorized to perform

15  acts required to administer this subsection. To enable the

16  ports to cooperate to their mutual advantage, the governing

17  body of each port may exercise powers provided to

18  municipalities or counties in s. 163.01(7)(d), subject to the

19  provisions of chapter 311 and any special acts pertaining to

20  the port. The use of funds provided under this subsection is

21  limited to eligible projects listed in this subsection. The

22  provisions of s. 311.07(4) do not apply to any funds received

23  under this subsection.

24         Section 39.  Section 311.11, Florida Statutes, is

25  amended to read:

26         (Substantial rewording of section. See

27         s. 311.11, F.S., for present text.)

28         311.11  Seaport Training and Employment Program.--The

29  Florida Seaport Transportation and Economic Development

30  Council shall develop and implement a Seaport Training and

31  Employment Program.  The purpose of the program shall be to

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  1  stimulate and support seaport training and employment programs

  2  that foster employment opportunities in port, maritime, and

  3  transportation industries, and for such other training,

  4  educational, and information services as are required to

  5  stimulate jobs in the described industries.  Funds

  6  appropriated by the Legislature for the grant program may be

  7  used for the purchase of equipment to be used for training

  8  purposes, hiring instructors, and any other purpose associated

  9  with the training program.  Funds appropriated by the

10  Legislature for such purposes may not exceed 50 percent of the

11  total cost of any training program.

12         Section 40.  Section 311.14, Florida Statutes, is

13  created to read:

14         311.14  Seaport freight-mobility planning.--

15         (1)  The Florida Seaport Transportation and Economic

16  Development Council, in cooperation with the Office of the

17  State Public Transportation Administrator within the

18  Department of Transportation, shall develop freight-mobility

19  and trade-corridor plans to assist in making freight-mobility

20  investments that contribute to the economic growth of the

21  state. Such plans should enhance the integration and

22  connectivity of the transportation system across and between

23  transportation modes throughout Florida for people and

24  freight.

25         (2)  The Office of the State Public Transportation

26  Administrator shall act to integrate freight-mobility and

27  trade-corridor plans into the Florida Transportation Plan

28  developed pursuant to s. 339.155 and into the plans and

29  programs of metropolitan planning organizations as provided in

30  s. 339.175. The office may also provide assistance in

31  expediting the transportation permitting process relating to

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  1  the construction of seaport freight-mobility projects located

  2  outside the physical borders of seaports. The Department of

  3  Transportation may contract, as provided in s. 334.044, with

  4  any port listed in s. 311.09(1) or any such other statutorily

  5  authorized seaport entity to act as an agent in the

  6  construction of seaport freight-mobility projects.

  7         (3)  Except when in conflict with the provisions of s.

  8  380.24, relating to the Department of Environmental

  9  Protection, all necessary reviews and approvals, pursuant to

10  the provisions of chapters 163 and 380, of intermodal

11  transportation facilities, identified pursuant to s.

12  320.20(4), of seaports listed in s. 311.09(1) shall be done

13  exclusively by the Department of Community Affairs. Where such

14  reviews and approvals are in conflict with actions taken by

15  any other agency of government, the actions taken by the

16  department shall govern.

17         Section 41.  Subsection (6) of section 315.02, Florida

18  Statutes, is amended to read:

19         315.02  Definitions.--As used in this law, the

20  following words and terms shall have the following meanings:

21         (6)  The term "port facilities" shall mean and shall

22  include harbor, shipping, and port facilities, and

23  improvements of every kind, nature, and description,

24  including, but without limitation, channels, turning basins,

25  jetties, breakwaters, public landings, wharves, docks,

26  markets, parks, recreational facilities, structures,

27  buildings, piers, storage facilities, including facilities

28  that may be used for warehouse, storage, and distribution of

29  cargo transported or to be transported through an airport or

30  port facility, public buildings and plazas, anchorages,

31  utilities, bridges, tunnels, roads, causeways, and any and all

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  1  property and facilities necessary or useful in connection with

  2  the foregoing, and any one or more or any combination thereof

  3  and any extension, addition, betterment or improvement of any

  4  thereof.

  5         Section 42.  Paragraph (h) is added to subsection (24)

  6  of section 380.06, Florida Statutes, 1998 Supplement, to read:

  7         380.06  Developments of regional impact.--

  8         (24)  STATUTORY EXEMPTIONS.--

  9         (h)  Expansion to port harbors, spoil disposal sites,

10  navigation channels, turning basins, harbor berths, and other

11  related inwater harbor facilities of ports listed in s.

12  403.021(9)(b), port transportation facilities and projects

13  listed in s. 311.07(3)(b), and intermodal transportation

14  facilities identified pursuant to s. 311.09(3) are exempt from

15  the provisions of this section when such expansions, projects,

16  or facilities are consistent with comprehensive master plans

17  that are in compliance with the provisions of s. 163.3178.

18         Section 43.  Section 380.24, Florida Statutes, is

19  amended to read:

20         380.24  Local government participation.--Units of local

21  government abutting the Gulf of Mexico or the Atlantic Ocean,

22  or which include or are contiguous to waters of the state

23  where marine species of vegetation listed by rule as ratified

24  in s. 373.4211 constitute the dominant plant community, shall

25  develop a coastal zone protection element pursuant to s.

26  163.3177. Such units of local government shall be eligible to

27  receive technical assistance from the state in preparing

28  coastal zone protection elements and shall be the only units

29  of local government eligible to apply to the department for

30  available financial assistance. Local government participation

31  in the coastal management program authorized by this act shall

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  1  be voluntary.  All permitting and enforcement under the

  2  provisions of chapters 161, 253, and 403 and part IV of

  3  chapter 373 of dredging, dredged-material management and other

  4  related activities, port transportation facilities and

  5  projects listed in s. 311.07(3)(b), and intermodal

  6  transportation facilities identified pursuant to s. 320.20(4)

  7  subject to permit under the provisions of chapters 161 and 253

  8  and part IV of chapter 373 for deepwater ports identified in

  9  s. 403.021(9)(b) shall be done exclusively through the

10  Department of Environmental Protection except that where a

11  deepwater port is a department of a county government such

12  permitting and enforcement actions shall be done exclusively

13  through a state-approved local pollution-control program. If

14  the permitting and enforcement actions taken by the Department

15  of Environmental Protection or the local pollution-control

16  program conflict with actions taken by any other agency of

17  government having authority to regulate the activities of such

18  ports, the actions taken by the department or local

19  pollution-control program shall govern consistent with the

20  provisions of s. 403.021(9).

21         Section 44.  Americas Campaign.--

22         (1)  FINDINGS.--The Legislature finds and declares that

23  Latin America and the Caribbean have become the

24  fastest-emerging market region in the world.  The region has

25  been reducing and simplifying its tariff rates and eliminating

26  most quotas, and, therefore, allowing greater import volumes.

27  Increased import competition is forcing local companies and

28  industries to modernize, which fuels the expansion of capital

29  goods and high-technology imports.  Demand for U.S. and

30  Florida consumer goods will also expand as Latin America's

31  middle class grows due to rising real wages and greater

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  1  employment opportunities.  Florida's Latin American trading

  2  partners are rapidly making their economies more dynamic by

  3  privatizing large state enterprises in telecommunications,

  4  energy, and manufacturing. Florida is the leading state in

  5  expanding U.S. trade relations with Latin America and the

  6  Caribbean. One out of every three dollars worth of U.S.

  7  exports to the region moves through the State of Florida. To

  8  capture expected increases in trade over the next 7 years, the

  9  trade infrastructure must be expanded and modernized to meet

10  growing competition from trade centers in the United States

11  and elsewhere. Florida's past international efforts have been

12  energetic but fragmented and diffused. The Legislature finds

13  that in order for Florida to maintain its lead and to win

14  expanding trade with Latin America and the Caribbean, each

15  existing element of Florida's international strategy must be

16  assembled into a deliberate and coordinated Americas Campaign.

17         (2)  AMERICAS CAMPAIGN ELEMENTS.--The Americas Campaign

18  shall have the following elements:

19         (a)  Strategic Targeting.--By September 1, 1999, the

20  Governor, after consultation with the Legislature, the

21  Secretary of State, Enterprise Florida, Inc., and

22  representatives of Florida's international business community

23  and international organizations, shall, by executive order,

24  designate three countries as the development targets of this

25  campaign. These Latin American or Caribbean countries shall be

26  in the Governor's judgment the optimum targets for rapid

27  enhancement and expansion of international relations,

28  business, trade, and reverse investment over the next 4 years.

29         (b)  Intergovernmental Engagement and

30  Relationships.--The Secretary of State, working with

31  postsecondary institution linkage institutes, the Florida

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  1  Association of Voluntary Agencies for Caribbean Action, the

  2  Sister Cities Program, Visit Florida, and other federal,

  3  state, and local agencies, shall have lead responsibility for

  4  Florida's intergovernmental engagements and relationships with

  5  these targeted countries, building cultural and interpersonal

  6  projects that facilitate broader reverse investment and trade

  7  opportunities for both Florida and each country. The Secretary

  8  of State will develop a targeted list of communities in the

  9  targeted countries, inviting Florida communities, their local

10  governmental bodies, and their local chambers of commerce to

11  choose a community to engage and develop as a Sister City. The

12  Secretary of State will design a package of awards,

13  inducements, and assistance for communities that choose to

14  link with these targeted communities.

15         (c)  Trade Policy.--The director of the Office of

16  Tourism, Trade, and Economic Development shall have lead

17  responsibility for Florida's efforts to review, profile, and

18  improve the trade policy and trade relations with these

19  countries, working with the Department of State, the

20  Department of Agriculture and Consumer Affairs, the Department

21  of Citrus, Enterprise Florida, Inc., and other federal, state,

22  and local agencies to ensure that increased trade with these

23  targeted countries can swiftly occur and any existing barriers

24  are minimized or removed.

25         (d)  Trade Information.--The director of the

26  International Trade Data Resource and Research Center shall

27  have the lead responsibility for upgrading Florida's trade

28  information capacity with these countries, providing import

29  and export data, trade opportunities, and intermodal

30  transportation profiles; commodity trends; and trade activity,

31  working with the Department of Agriculture and Consumer

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  1  Affairs, the Department of Citrus, Enterprise Florida, Inc.,

  2  and other federal, state, and local agencies.

  3         (e)  Finance and Capital.--The director of the Florida

  4  Export Finance Corporation shall have the lead responsibility

  5  for the campaign's international finance strategy with these

  6  targeted countries, working with the Comptroller and other

  7  federal, state, and local agencies to provide technical

  8  assistance and financing options to the businesses and

  9  communities, working with these targeted countries.

10         (f)  Intermodal Transportation.--The director of the

11  Florida Seaport Transportation and Economic Development

12  Council, working with the Florida Airports Managers

13  Association, the Department of Transportation, the Florida

14  Chamber Foundation, and other federal, state, and local

15  agencies shall have the lead responsibility to devise a

16  strategy to prepare and enhance Florida intermodal

17  infrastructure that relates and links with these countries to

18  ensure that the state's trade transportation infrastructure

19  can effectively handle increasing trade with them and that the

20  trade transportation infrastructure of the targeted countries

21  is compatible with the trade transportation infrastructure in

22  Florida.

23         (g)  International Reverse Investment and Trade

24  Expansion.--The president of the International Trade and

25  Economic Development Board of Enterprise Florida, Inc.,

26  working with local economic development organizations and

27  other federal, state, and local agencies, shall have the lead

28  responsibility for providing reverse investment and trade

29  expansion assistance to local businesses through local

30  economic development organizations or local chambers of

31  commerce in each community that has a Sister Cities

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  1  relationship in a targeted country, and for providing

  2  necessary assistance in each of the targeted countries through

  3  foreign office or development agents.

  4         (h)  Campaign Coordination.--The Governor, acting

  5  through the director of the Office of Tourism, Trade and

  6  Economic Development, shall ensure that the elements of this

  7  campaign are coordinated.  The director may enlist or assign

  8  the staff or resources of any agency under the direction of

  9  the Governor to assemble research and information or to

10  provide assistance in this campaign.

11         (3)  CAMPAIGN COUNCIL.--The lead agents for the

12  Americas Campaign designated in paragraphs (2)(a)-(g) shall

13  comprise the Americas Campaign Planning Council.  Funding

14  collected but not currently dedicated to a trust fund under

15  section 212.0606, Florida Statutes, shall be deposited in the

16  Florida International Trade and Promotion Trust Fund for use

17  and distribution by the council, based on a budget amendment

18  developed by the council and submitted by the director of the

19  Office of Tourism, Trade, and Economic Development.  The

20  Americas Campaign is not intended to divert or redirect

21  existing trade or international development efforts or

22  expenditures.  It is intended to provide new focus, new

23  intensity, and new resources to the three most promising

24  countries in Latin America and the Caribbean.

25         Section 45.  Subsection (2) of section 117.01, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         117.01  Appointment, application, suspension,

28  revocation, application fee, bond, and oath.--

29         (2)  The application for appointment shall be signed

30  and sworn to by the applicant and shall be accompanied by an

31  application a fee of $25, together with the $10 commission fee

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  1  required by s. 113.01, and a surcharge of $4, which $4 is

  2  appropriated to the Executive Office of the Governor to be

  3  used to educate and assist notaries public. The Executive

  4  Office of the Governor may contract with private vendors to

  5  provide the services set forth in this section. Effective July

  6  1, 2000, the funds collected from the $25 application fee and

  7  the $10 commission fee shall be deposited into the Grants and

  8  Donations Trust Fund within the Department of State. The

  9  unencumbered balance from these funds at the close of each

10  fiscal year may not exceed $300,000. Any funds in excess of

11  this amount shall be transferred unallocated to the General

12  Revenue Fund. However, no commission fee shall be required for

13  the issuance of a commission as a notary public to a veteran

14  who served during a period of wartime service, as defined in

15  s. 1.01(14), and who has been rated by the United States

16  Government or the United States Department of Veterans Affairs

17  or its predecessor to have a disability rating of 50 percent

18  or more; such a disability is subject to verification by the

19  Secretary of State, who has authority to adopt reasonable

20  procedures to implement this act. The oath of office and

21  notary bond required by this section shall also accompany the

22  application and shall be in a form prescribed by the

23  Department of State which shall require, but not be limited

24  to, the following information: full name, residence address

25  and telephone number, business address and telephone number,

26  date of birth, race, sex, social security number, citizenship

27  status, driver's license number or the number of other

28  official state-issued identification, affidavit of good

29  character from someone unrelated to the applicant who has

30  known the applicant for 1 year or more, a list of all

31  professional licenses and commissions issued by the state

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  1  during the previous 10 years and a statement as to whether or

  2  not the applicant has had such license or commission revoked

  3  or suspended, and a statement as to whether or not the

  4  applicant has been convicted of a felony, and, if there has

  5  been a conviction, a statement of the nature of the felony and

  6  restoration of civil rights.  The applicant may not use a

  7  fictitious or assumed name other than a nickname on an

  8  application for commission.  The application shall be

  9  maintained by the Department of State for the full term of a

10  notary commission.  A notary public shall notify, in writing,

11  the Department of State of any change in his or her business

12  address, home telephone number, business telephone number,

13  home address, or criminal record within 60 days after such

14  change.  The Governor may require any other information he or

15  she deems necessary for determining whether an applicant is

16  eligible for a notary public commission.  Each applicant must

17  swear or affirm on the application that the information on the

18  application is true and correct.

19         Section 46.  Implementation of section 117.01(2),

20  Florida Statutes, as amended by this act, is contingent upon a

21  Specific Appropriation for Fiscal Year 1999-2000.

22         Section 47.  Section 117.103, Florida Statutes, 1998

23  Supplement, is amended to read:

24         117.103  Certification of notary's authority by

25  Secretary of State.--A notary public is not required to record

26  his or her notary public commission in an office of a clerk of

27  the circuit court. If certification of the notary public's

28  commission is required, it must be obtained from the Secretary

29  of State. Upon the receipt of a written request from a notary

30  public, the notarized document, and a fee of $10 payable to

31  the Secretary of State, the Secretary of State shall provide a

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  1  certified copy of the notary public's original certificate of

  2  commission, which shall be legally sufficient to establish the

  3  notary public's authority to provide the services specifically

  4  authorized for a notary public by the Florida Statutes, and

  5  which may be used in support of domestic transactions

  6  certificate of notarial authority. Documents destined for

  7  countries participating in an International Treaty called the

  8  Hague Convention require an Apostille, and that requirement

  9  shall be determined by the Secretary of State.

10         Section 48.  Subsections (1), (3), (5), and (6) of

11  section 118.10, Florida Statutes, 1998 Supplement, are amended

12  to read:

13         118.10  Civil-law notary.--

14         (1)  As used in this section, the term:

15         (a)  "Authentic act" means an instrument executed by a

16  civil-law notary referencing this section, which includes the

17  particulars and capacities to act of the transacting party or

18  parties, a confirmation of the full text of the instrument,

19  the signatures of the party or parties or legal equivalent

20  thereof, and the signature and seal of a civil-law notary as

21  prescribed by the Florida Secretary of State.

22         (b)  "Civil-law notary" means a person who is a member

23  in good standing of The Florida Bar, who has practiced law for

24  at least 5 years, and who is appointed by the Secretary of

25  State as a civil-law notary.

26         (c)  "Protocol" means a registry maintained by a

27  civil-law notary in which the acts of the civil-law notary are

28  archived.

29         (3)  A civil-law notary is authorized to issue

30  authentic acts and thereby may authenticate or certify any

31  document, transaction, event, condition, or occurrence. The

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  1  contents of an authentic act and matters incorporated therein

  2  shall be presumed correct. A civil-law notary and may also

  3  administer an oath and make a certificate thereof when it is

  4  necessary for execution of any writing or document to be

  5  attested, protested, or published under the seal of a notary

  6  public. A civil-law notary may also take acknowledgements of

  7  deeds and other instruments of writing for record, and

  8  solemnize the rites of matrimony, as fully as other officers

  9  of this state.  A civil-law notary is not authorized to issue

10  authentic acts for use in a jurisdiction if the United States

11  Department of State has determined that the jurisdiction does

12  not have diplomatic relations with the United States or is a

13  terrorist country, or if trade with the jurisdiction is

14  prohibited under the Trading With the Enemy Act of 1917, as

15  amended, 50 U.S.C. ss. 1, et seq.

16         (5)  The Secretary of State may adopt rules

17  prescribing:

18         (a)  The form and content of authentic acts, oaths,

19  acknowledgements, solemnizations, and signatures and seals or

20  their legal equivalents for authentic acts;

21         (b)  Procedures for the permanent archiving of

22  authentic acts, maintaining records of acknowledgments, oaths

23  and solemnizations, and procedures for the administration of

24  oaths and taking of acknowledgments and for solemnizations;

25         (c)  The charging of reasonable fees to be retained by

26  the Secretary of State for the purpose of administering this

27  chapter section;

28         (d)  Educational requirements and procedures for

29  testing applicants' knowledge of all matters relevant to the

30  appointment, authority, duties, or legal or ethical

31

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  1  responsibilities of a civil-law notary the effects and

  2  consequences associated with authentic acts;

  3         (e)  Procedures for the disciplining of civil-law

  4  notaries, including, but not limited to, the suspension and

  5  revocation of appointments for failure to comply with the

  6  requirements of chapter 118 or rules of the Department of

  7  State for misrepresentation or fraud regarding the civil-law

  8  notary's authority, the effect of the civil-law notary's

  9  authentic acts, or the identities or acts of the parties to a

10  transaction; and

11         (f)  Bonding or errors-and-omission-insurance

12  requirements for civil-law notaries; and

13         (g)(f)  Other matters necessary for administering this

14  section.

15         (6)  The Secretary of State shall not regulate,

16  discipline or attempt to discipline, or establish any

17  educational requirements for any civil-law notary for, or with

18  regard to, any action or conduct that would constitute the

19  practice of law in this state, except by agreement with The

20  Florida Bar.  The Secretary of State shall not establish as a

21  prerequisite to the appointment of a civil-law notary any test

22  containing any question that inquires of the applicant's

23  knowledge regarding the practice of law in the United States,

24  unless such test is offered in conjunction with an educational

25  program approved by except by agreement with The Florida Bar

26  for continuing legal education credit.

27         Section 49.  Section 118.12, Florida Statutes, is

28  created to read:

29         118.12  Certification of civil-law notary's authority;

30  apostilles.--If certification of a civil-law notary's

31  authority is necessary for a particular document or

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  1  transaction, it must be obtained from the Secretary of State.

  2  Upon receipt of a written request from a civil-law notary, a

  3  copy of the document, and the fee prescribed b;y the Secretary

  4  of State, the Secretary of State shall provide a certification

  5  of the civil-law notary's authority which may be used in

  6  support of the document submitted and any related transaction.

  7  Documents destined for countries participating in an

  8  International Treaty called the Hague Convention may require

  9  an apostille and the Secretary of State shall upon receiving a

10  written request from a civil-law notary, a copy of the

11  document, and a fee prescribed by the Secretary of State,

12  provide an apostille conforming to the requirements of the

13  Hague Convention and including such other matters as the

14  Secretary of State may establish by rule. The fee for an

15  apostille or other certification of notarial authority shall

16  not exceed $10 per document.

17         Section 50.  Section 15.18, Florida Statutes, is

18  amended to read:

19         15.18  International and cultural relations.--The

20  Divisions of Cultural Affairs, Historical Resources, and

21  Library and Information Services of the Department of State

22  promote programs having substantial cultural, artistic, and

23  indirect economic significance that emphasize American

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

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

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

27  State is encouraged to initiate and develop relationships

28  between the state and foreign cultural officers, their

29  representatives, and other foreign governmental officials in

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

31  The Secretary of State shall coordinate international

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  1  activities pursuant to this section with Enterprise Florida,

  2  Inc., and any other organization the secretary deems

  3  appropriate the Florida International Affairs Commission.  For

  4  the accomplishment of this purpose, the Secretary of State

  5  shall have the power and authority to:

  6         (1)  Disseminate any information pertaining to the

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

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

  9  improved cultural and governmental programs and exchanges with

10  foreign countries.

11         (3)  Plan and implement cultural and social activities

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

13  and exchange groups.

14         (4)  Encourage and cooperate with other public and

15  private organizations or groups in their efforts to promote

16  the cultural advantages of Florida.

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

18  55.605(2)(g), relating to recognition of foreign money

19  judgments.

20         (6)(5)  Serve as the liaison with all foreign consular

21  and ambassadorial corps, as well as international

22  organizations, that are consistent with the purposes of this

23  section.

24         (7)(6)  Provide, arrange, and make expenditures for the

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

26  section.

27         (8)(7)  Notwithstanding the provisions of part I of

28  chapter 287, promulgate rules for entering into contracts

29  which are primarily for promotional services and events, which

30  may include commodities involving a service.  Such rules shall

31  include the authority to negotiate costs with the offerors of

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  1  such services and commodities who have been determined to be

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

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

  4  expenditure of funds donated for promotional services and

  5  events. Expenditures of appropriated funds shall be made only

  6  in accordance with part I of chapter 287.

  7         Section 51.  Subsections (1) and (6) of section 55.604,

  8  Florida Statutes, are amended to read:

  9         55.604  Recognition and enforcement.--Except as

10  provided in s. 55.605, a foreign judgment meeting the

11  requirements of s. 55.603 is conclusive between the parties to

12  the extent that it grants or denies recovery of a sum of

13  money. Procedures for recognition and enforceability of a

14  foreign judgment shall be as follows:

15         (1)  The foreign judgment shall be filed with the

16  Department of State and the clerk of the court and recorded in

17  the public records in the county or counties where enforcement

18  is sought. The filing with the Department of State shall not

19  create a lien on any property.

20         (a)  At the time of the recording of a foreign

21  judgment, the judgment creditor shall make and record with the

22  clerk of the circuit court an affidavit setting forth the

23  name, social security number, if known, and last known

24  post-office address of the judgment debtor and of the judgment

25  creditor.

26         (b)  Promptly upon the recording of the foreign

27  judgment and the affidavit, the clerk shall mail notice of the

28  recording of the foreign judgment, by registered mail with

29  return receipt requested, to the judgment debtor at the

30  address given in the affidavit and shall make a note of the

31  mailing in the docket. The notice shall include the name and

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  1  address of the judgment creditor and of the judgment

  2  creditor's attorney, if any, in this state. In addition, the

  3  judgment creditor may mail a notice of the recording of the

  4  judgment to the judgment debtor and may record proof of

  5  mailing with the clerk. The failure of the clerk to mail

  6  notice of recording will not affect the enforcement

  7  proceedings if proof of mailing by the judgment creditor has

  8  been recorded.

  9         (6)  Once an order recognizing the foreign judgment has

10  been entered by a court of this state, the order and a copy of

11  the judgment shall be filed with the Department of State and

12  may be recorded in any other county of this state without

13  further notice or proceedings, and shall be enforceable in the

14  same manner as the judgment of a court of this state.

15         Section 52.  Paragraph (g) of subsection (2) of section

16  55.605, Florida Statutes, is amended to read:

17         55.605  Grounds for nonrecognition.--

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

19         (g)  The foreign jurisdiction where judgment was

20  rendered would not give recognition to a similar judgment

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

22  Secretary of State shall establish and maintain a list of

23  foreign jurisdictions where the condition specified in this

24  paragraph has been found to apply.

25         Section 53.  Section 257.34, Florida Statutes, is

26  created to read:

27         257.34  Florida International Archive and Repository.--

28         (1)  There is created within the Division of Library

29  and Information Services of the Department of State the

30  Florida International Archive and Repository for the

31  preservation of those public records, as defined in s.

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  1  119.011(1), manuscripts, international judgments involving

  2  disputes between domestic and foreign businesses, and all

  3  other public matters that the department or the Florida

  4  Council of International Development deem relevant to

  5  international issues. It is the duty and responsibility of the

  6  division to:

  7         (a)  Organize and administer the Florida International

  8  Archive and Repository;

  9         (b)  Preserve and administer records that are

10  transferred to its custody; accept, arrange, and preserve

11  them, according to approved archival and repository practices;

12  and permit them, at reasonable times and under the supervision

13  of the division, to be inspected, examined, and copied. All

14  public records transferred to the custody of the division are

15  subject to the provisions of s. 119.07(1).

16         (c)  Assist the records and information management

17  program in the determination of retention values for records;

18         (d)  Cooperate with and assist insofar as practicable

19  state institutions, departments, agencies, counties,

20  municipalities, and individuals engaged in internationally

21  related activities;

22         (e)  Provide a public research room where, under rules

23  established by the division, the materials in the

24  international archive and repository may be studied;

25         (f)  Conduct, promote, and encourage research in

26  international trade, government, and culture and maintain a

27  program of information, assistance, coordination, and guidance

28  for public officials, educational institutions, libraries, the

29  scholarly community, and the general public engaged in such

30  research;

31

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  1         (g)  Cooperate with and, insofar as practicable, assist

  2  agencies, libraries, institutions, and individuals in projects

  3  concerned with internationally related issues and preserve

  4  original materials relating to internationally related issues;

  5  and

  6         (h)  Assist and cooperate with the records and

  7  information management program in the training and information

  8  program described in s. 257.36(1)(g).

  9         (2)  Any agency is authorized and empowered to turn

10  over to the division any record no longer in current official

11  use. The division may accept such record and provide for its

12  administration and preservation as provided in this section

13  and, upon acceptance, be considered the legal custodian of

14  such record. The division may direct and effect the transfer

15  to the archives of any records that are determined by the

16  division to have such historical or other value to warrant

17  their continued preservation or protection, unless the head of

18  the agency that has custody of the records certifies in

19  writing to the division that the records must be retained in

20  the agency's custody for use in the conduct of the regular

21  current business of the agency.

22         (3)  Title to any record transferred to the Florida

23  International Archive and Repository, as authorized in this

24  chapter, is vested in the division.

25         (4)  The division shall make certified copies under

26  seal of any record transferred to it upon the application of

27  any person, and the certificates shall have the same force and

28  effect as if made by the agency from which the record was

29  received. The division may charge a fee for this service based

30  upon the cost of service.

31

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  1         (5)  The division may establish and maintain a schedule

  2  of fees for services that may include, but need not be limited

  3  to, restoration of materials, storage of materials, special

  4  research services, and publications.

  5         (6)  The division shall establish and maintain a

  6  mechanism by which the information contained within the

  7  Florida International Archive and Repository may be accessed

  8  by computer via the World Wide Web. In doing so, the division

  9  shall take whatever measures it deems appropriate to ensure

10  the validity, quality, and safety of the information being

11  accessed.

12         (7)  The division shall adopt rules necessary to

13  implement this section.

14         (8)  The Florida Council of International Development

15  may select materials for inclusion in the Florida

16  International Archive and Repository and shall be consulted

17  closely by the division in all matters relating to its

18  establishment and maintenance.

19         Section 54.  Notwithstanding section 3 of chapter

20  89-150, section 112 of chapter 90-201, and section 53 of

21  chapter 91-5, Laws of Florida, section 288.012, Florida

22  Statutes, is not repealed but is revived, reenacted, and

23  amended to read:

24         288.012  State of Florida foreign offices.--The

25  Legislature finds that the expansion of international trade

26  and tourism is vital to the overall health and growth of the

27  economy of this state. This expansion is hampered by the lack

28  of technical and business assistance, financial assistance,

29  and information services for businesses in this state. The

30  Legislature finds that these businesses could be assisted by

31  providing these services at State of Florida foreign offices.

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  1  The Legislature further finds that the accessibility and

  2  provision of services at these offices can be enhanced through

  3  cooperative agreements or strategic alliances between state

  4  entities, local entities, foreign entities, and private

  5  businesses.

  6         (1)  The Office of Tourism, Trade, and Economic

  7  Development is authorized to:

  8         (a)  Establish and operate offices in foreign countries

  9  for the purpose of promoting the trade and economic

10  development of the state, and promoting the gathering of trade

11  data information and research on trade opportunities in

12  specific countries.

13         (b)  Enter into agreements with governmental and

14  private sector entities to establish and operate offices in

15  foreign countries containing provisions which may be in

16  conflict with general laws of the state pertaining to the

17  purchase of office space, employment of personnel, and

18  contracts for services. When agreements pursuant to this

19  section are made which set compensation in foreign currency,

20  such agreements shall be subject to the requirements of s.

21  215.425, but the purchase of foreign currency by the Office of

22  Tourism, Trade, and Economic Development to meet such

23  obligations shall be subject only to s. 216.311.

24         (c)  By September 1, 1997, the Office of Tourism,

25  Trade, and Economic Development shall develop a plan for the

26  disposition of the current foreign offices and the development

27  and location of additional foreign offices.  The plan shall

28  include, but is not limited to, a determination of the level

29  of funding needed to operate the current offices and any

30  additional offices and whether any of the current offices need

31  to be closed or relocated. Enterprise Florida, Inc., the

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  1  Florida Tourism Commission, the Florida Ports Council, the

  2  Department of State, the Department of Citrus, and the

  3  Department of Agriculture shall assist the Office of Tourism,

  4  Trade, and Economic Development in the preparation of the

  5  plan.  All parties shall cooperate on the disposition or

  6  establishment of the offices and ensure that needed space,

  7  technical assistance, and support services are provided to

  8  such entities at such foreign offices.

  9         (2)  By June 30, 1998, each foreign office shall have

10  in place an operational plan approved by the participating

11  boards or other governing authority, a copy of which shall be

12  provided to the Office of Tourism, Trade, and Economic

13  Development.  These operating plans shall be reviewed and

14  updated each fiscal year and shall include, at a minimum, the

15  following:

16         (a)  Specific policies and procedures encompassing the

17  entire scope of the operation and management of each office.

18         (b)  A comprehensive, commercial strategic plan

19  identifying marketing opportunities and industry sector

20  priorities for the foreign country or area in which a foreign

21  office is located.

22         (c)  Provisions for access to information for Florida

23  businesses through the Florida Trade Data Center.  Each

24  foreign office shall obtain and forward trade leads and

25  inquiries to the center on a regular basis as called for in

26  the plan pursuant to paragraph (1)(c).

27         (d)  Identification of new and emerging market

28  opportunities for Florida businesses.  Each foreign office

29  shall provide the Florida Trade Data Center with a compilation

30  of foreign buyers and importers in industry sector priority

31  areas on an annual basis.  In return, the Florida Trade Data

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  1  Center shall make available to each foreign office, and to the

  2  entities identified in paragraph (1)(c), trade industry,

  3  commodity, and opportunity information as specified in the

  4  plan required in that paragraph.  This information shall be

  5  provided to the offices and the entities identified in

  6  paragraph (1)(c) either free of charge or on a fee basis with

  7  fees set only to recover the costs of providing the

  8  information.

  9         (e)  Provision of access for Florida businesses to the

10  services of the Florida Trade Data Center, international trade

11  assistance services provided by state and local entities,

12  seaport and airport information, and other services identified

13  in the plan pursuant to paragraph (1)(c).

14         (f)  Qualitative and quantitative performance measures

15  for each office including, but not limited to, the number of

16  businesses assisted, the number of trade leads and inquiries

17  generated, the number of foreign buyers and importers

18  contacted, and the amount and type of marketing conducted.

19         (3)  By October 1 of each year, each foreign office

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

21  Development a complete and detailed report on its activities

22  and accomplishments during the preceding fiscal year. In a

23  format provided by Enterprise Florida, Inc., the report must

24  set forth information on:

25         (a)  The number of Florida companies assisted.

26         (b)  The number of inquiries received about investment

27  opportunities in this state.

28         (c)  The number of trade leads generated.

29         (d)  The number of investment projects announced.

30         (e)  The estimated U.S. dollar value of sales

31  confirmations.

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  1         (f)  The number of representation agreements.

  2         (g)  The number of company consultations.

  3         (h)  Barriers or other issues affecting the effective

  4  operation of the office.

  5         (i)  Changes in office operations which are planned for

  6  the current fiscal year.

  7         (j)  Marketing activities conducted.

  8         (k)  Strategic alliances formed with organizations in

  9  the country in which the office is located.

10         (l)  Activities conducted with other Florida foreign

11  offices.

12         (m)  Any other information that the office believes

13  would contribute to an understanding of its activities.

14         (4)(3)  The Office of Tourism, Trade, and Economic

15  Development, in connection with the establishment, operation,

16  and management of any of its offices located in a foreign

17  country, is exempt from the provisions of ss. 255.21, 255.25,

18  and 255.254 relating to leasing of buildings; ss. 283.33 and

19  283.35 relating to bids for printing; ss. 287.001-287.20

20  relating to purchasing and motor vehicles; and ss.

21  282.003-282.111 relating to communications, and from all

22  statutory provisions relating to state employment.

23         (a)  The Office of Tourism, Trade, and Economic

24  Development may exercise such exemptions only upon prior

25  approval of the Governor.

26         (b)  If approval for an exemption under this section is

27  granted as an integral part of a plan of operation for a

28  specified foreign office, such action shall constitute

29  continuing authority for the Office of Tourism, Trade, and

30  Economic Development to exercise the exemption, but only in

31  the context and upon the terms originally granted. Any

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  1  modification of the approved plan of operation with respect to

  2  an exemption contained therein must be resubmitted to the

  3  Governor for his or her approval. An approval granted to

  4  exercise an exemption in any other context shall be restricted

  5  to the specific instance for which the exemption is to be

  6  exercised.

  7         (c)  As used in this subsection, the term "plan of

  8  operation" means the plan developed pursuant to subsection

  9  (2).

10         (d)  Upon final action by the Governor with respect to

11  a request to exercise the exemption authorized in this

12  subsection, the Office of Tourism, Trade, and Economic

13  Development shall report such action, along with the original

14  request and any modifications thereto, to the President of the

15  Senate and the Speaker of the House of Representatives within

16  30 days.

17         (5)(4)  Where feasible and appropriate, and subject to

18  s. 288.1224(10), foreign offices established and operated

19  under this section may provide one-stop access to the economic

20  development, trade, and tourism information, services, and

21  programs of the state.  Where feasible and appropriate, and

22  subject to s. 288.1224(10), such offices may also be

23  collocated with other foreign offices of the state.

24         (6)(5)  The Office of Tourism, Trade, and Economic

25  Development is authorized to make and to enter into contracts

26  with Enterprise Florida, Inc., and the Florida Commission on

27  Tourism to carry out the provisions of this section.  The

28  authority, duties, and exemptions provided in this section

29  apply to Enterprise Florida, Inc., and the Florida Commission

30  on Tourism to the same degree and subject to the same

31  conditions as applied to the Office of Tourism, Trade, and

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  1  Economic Development. To the greatest extent possible, such

  2  contracts shall include provisions for cooperative agreements

  3  or strategic alliances between state entities, foreign

  4  entities, local entities, and private businesses to operate

  5  foreign offices.

  6         Section 55.  By December 31, 2001, the Legislature

  7  shall review Florida's foreign offices, including, but not

  8  limited to, those offices established and operated under

  9  sections 288.012 and 288.1224, Florida Statutes, to determine

10  whether the state is experiencing effective international

11  trade, investment, and tourism representation through such

12  offices.

13         Section 56.  Enterprise Florida, Inc., shall develop a

14  master plan for integrating public-sector and private-sector

15  international-trade and reverse-investment resources, in order

16  that businesses may obtain comprehensive assistance and

17  information in the most productive and efficient manner. The

18  scope of this plan shall include, but need not be limited to,

19  resources related to the provision of trade information, such

20  as trade leads and reverse investment opportunities, trade

21  counseling, and trade financing services. In developing the

22  master plan, Enterprise Florida, Inc., shall solicit the

23  participation and input of organizations providing these

24  resources, the consumers of these resources, and others who

25  have expertise and experience in international trade and

26  reverse investment. The master plan may include

27  recommendations for legislative action designed to enhance the

28  delivery of international-trade and reverse-investment

29  assistance. The master plan, which Enterprise Florida, Inc.,

30  may include within the annual update or modification to the

31  strategic plan required under section 288.905, Florida

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  1  Statutes, must be submitted to the Legislature and the

  2  Governor before January 1, 2000.

  3         Section 57.  Enterprise Florida, Inc., in conjunction

  4  with the Office of Tourism, Trade, and Economic Development,

  5  shall prepare a plan for promoting direct investment in

  6  Florida by foreign businesses. This plan must assess and

  7  inventory Florida's strengths as a location for foreign direct

  8  investment and must include a detailed strategy for

  9  capitalizing upon those strengths. In developing the plan,

10  Enterprise Florida, Inc., shall focus on businesses with

11  site-election criteria that are consistent with Florida's

12  business climate, businesses likely to facilitate the

13  trans-shipment of goods through Florida or to export

14  Florida-produced goods from the state, and businesses that

15  complement or correspond to those industries identified as

16  part of the sector-strategy approach to economic development

17  required under section 288.905, Florida Statutes. The plan

18  must also identify weaknesses in Florida's ability to attract

19  foreign direct investment and must include a detailed strategy

20  for addressing those weaknesses. The plan may include

21  recommendations for legislative action designed to enhance

22  Florida's ability to attract foreign direct investment. In

23  developing the plan, Enterprise Florida, Inc., shall solicit

24  the participation and input of entities that have expertise

25  and experience in foreign direct investment. The plan, which

26  Enterprise Florida, Inc., may include within the annual update

27  or modification to the strategic plan required under section

28  288.905, Florida Statutes, must be submitted to the

29  Legislature and the Governor before January 1, 2000.

30         Section 58.  In anticipation of the day when the people

31  of Cuba are no longer denied the inalienable rights and

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  1  freedom that all men and women should be guaranteed,

  2  Enterprise Florida, Inc., shall prepare a strategic plan

  3  designed to allow Florida to capitalize on the economic

  4  opportunities associated with a free Cuba. The plan should

  5  recognize the historical and cultural ties between this state

  6  and Cuba and should focus on building a long-term economic

  7  relationship between these communities. The plan should also

  8  recognize existing economic infrastructure in Florida that

  9  could be applied toward trade and other business activities

10  with Cuba. The plan should identify specific preparatory steps

11  to be taken in advance of a lifting of the trade embargo with

12  Cuba. In developing this plan, Enterprise Florida, Inc., shall

13  solicit the participation and input of individuals who have

14  expertise concerning Cuba and its economy, including, but not

15  limited to, business leaders in Florida who have had previous

16  business experience in Cuba. The plan may include

17  recommendations for legislative action necessary to implement

18  the strategic plan. The plan must be submitted to the Governor

19  and Legislature before January 1, 2000.

20         Section 59.  Section 288.1045, Florida Statutes, is

21  amended to read:

22         288.1045  Qualified defense contractor tax refund

23  program.--

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

25         (a)  "Consolidation of a Department of Defense

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

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

28  contracts either from outside this state or from inside and

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

30  facilities inside this state.

31

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

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

  3  standard metropolitan area in which the business unit is

  4  located.

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

  6  valid Department of Defense contract or any business entity

  7  that is a subcontractor under a valid Department of Defense

  8  contract or any business entity that holds a valid contract

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

10  members of an affiliated group of corporations as defined in

11  s. 220.03(1)(b).

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

13  Trade, and Economic Development Division of Economic

14  Development of the Department of Commerce.

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

16  competitively bid Department of Defense contract or a

17  competitively bid federal agency contract issued on behalf of

18  the Department of Defense for manufacturing, assembling,

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

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

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

22  directly to or for any particular military base or

23  installation in this state.

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

25  Department of Defense contract entered into after the date

26  application for certification as a qualified applicant is made

27  and after January 1, 1994.

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

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

30  Labor and Employment Security for the purpose of unemployment

31  compensation tax, resulting directly from a project in this

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  1  state. This number does not include temporary construction

  2  jobs involved with the construction of facilities for the

  3  project.

  4         (h)  "Nondefense production jobs" means employment

  5  exclusively for activities that, directly or indirectly, are

  6  unrelated to the Department of Defense.

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

  8  state under a new Department of Defense contract,

  9  consolidation of a Department of Defense contract, or

10  conversion of defense production jobs over to nondefense

11  production jobs or reuse of defense-related facilities.

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

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

14  refunds pursuant to this section.

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

16  Office of Tourism, Trade, and Economic Development Secretary

17  of Commerce.

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

19  220.03(1)(z).

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

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

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

23  of Labor and Employment Security for unemployment compensation

24  purposes or means a subcategory or division of an employing

25  unit that is accepted by the Department of Labor and

26  Employment Security as a reporting unit.

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

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

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

30  annual tax refund for a qualified applicant. Local financial

31  support may include excess payments made to a utility company

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  1  under a designated program to allow decreases in service by

  2  the utility company under conditions, regardless of when

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

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

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

  6  directly or indirectly, state funds appropriated from the

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

  8  revenues shared with local governments pursuant to law.

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

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

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

12  research, development, or design of tangible personal

13  property, but excluding any contract to provide goods,

14  improvements to real or tangible property, or services

15  directly to or for any particular military base or

16  installation in this state. Such facility must be located

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

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

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

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

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

22  defense-related facility may not include any contract for

23  reuse of such facility for any Department of Defense contract

24  for manufacturing, assembling, fabricating, research,

25  development, or design.

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

27  the option to exercise an exemption from the local financial

28  support requirement available to any applicant whose project

29  is located in a county designated by the Rural Economic

30  Development Initiative, if the county commissioners of the

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

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

  2  local financial support requirement. Any applicant that

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

  4  of the total tax refunds allowed such applicant under this

  5  section.

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

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

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

  9  the amount of eligible taxes certified by the director

10  secretary which were paid by such qualified applicant. The

11  total amount of refunds for all fiscal years for each

12  qualified applicant shall be determined pursuant to subsection

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

14  shall be determined pursuant to subsection (5).

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

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

17  provided in the tax refund agreement pursuant to subparagraph

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

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

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

21  fiscal year, provided that no qualified applicant may receive

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

23  in any fiscal year.

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

25  $7.5 million in tax refunds pursuant to this section in all

26  fiscal years.

27         (d)  Contingent upon an annual appropriation by the

28  Legislature, the director secretary may approve not more than

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

30  appropriated to the Economic Development Trust Fund for tax

31

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

  2  288.095.

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

  4  director secretary shall set aside 30 percent of the amount

  5  appropriated for refunds pursuant to this section by the

  6  Legislature to provide tax refunds only to qualified

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

  8  state. Any unencumbered funds remaining undisbursed from this

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

10  provide tax refunds for any qualified applicants pursuant to

11  this section.

12         (f)  After entering into a tax refund agreement

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

14  refunds from the Economic Development Trust Fund for the

15  following taxes due and paid by the qualified applicant

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

17  after entering into the agreement:

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

19  pursuant to chapter 212.

20         2.  Corporate income taxes paid pursuant to chapter

21  220.

22         3.  Intangible personal property taxes paid pursuant to

23  chapter 199.

24         4.  Emergency excise taxes paid pursuant to chapter

25  221.

26         5.  Excise taxes paid on documents pursuant to chapter

27  201.

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

29  220.03(1)(a) on June 1, 1996.

30

31

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

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

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

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

  5  Commerce, which taxes are subsequently adjusted by the

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

  7  qualified applicant other than that provided in this section,

  8  the qualified applicant shall reimburse the Economic

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

10  or exemption. A qualified applicant must notify and tender

11  payment to the office Department of Commerce within 20 days

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

13  that provided in this section.

14         (g)  Any qualified applicant who fraudulently claims

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

16  Economic Development Trust Fund plus a mandatory penalty of

17  200 percent of the tax refund which shall be deposited into

18  the General Revenue Fund. Any qualified applicant who

19  fraudulently claims this refund commits a felony of the third

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

21  s. 775.084.

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

23  not be expended in connection with the relocation of a

24  business from one community to another community in this state

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

26  determines that without such relocation the business will move

27  outside this state or determines that the business has a

28  compelling economic rationale for the relocation which creates

29  additional jobs.

30         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

31  DETERMINATION.--

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  1         (a)  To apply for certification as a qualified

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

  3  application with the office division which satisfies the

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

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

  6  certification pursuant to this section after a proposal has

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

  8  the applicant has made the decision to consolidate an existing

  9  Department of Defense contract in this state for which such

10  applicant is seeking certification, or after the applicant has

11  made the decision to convert defense production jobs to

12  nondefense production jobs for which such applicant is seeking

13  certification.

14         (b)  Applications for certification based on the

15  consolidation of a Department of Defense contract or a new

16  Department of Defense contract must be submitted to the office

17  division as prescribed by the office Department of Commerce

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

19  information:

20         1.  The applicant's federal employer identification

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

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

23         2.  The permanent location of the manufacturing,

24  assembling, fabricating, research, development, or design

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

26  located.

27         3.  The Department of Defense contract numbers of the

28  contract to be consolidated, the new Department of Defense

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

30  of Defense contract.

31

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

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

  3  is expected to expire.

  4         5.  The commencement date for project operations under

  5  the contract in this state.

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

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

  8  year and the average wage of such jobs.

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

10  employed by the applicant in this state.

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

12  derived from Department of Defense contracts during the 5

13  taxable years immediately preceding the date the application

14  is submitted.

15         9.  The amount of:

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

17  pursuant to chapter 212;

18         b.  Corporate income taxes paid pursuant to chapter

19  220;

20         c.  Intangible personal property taxes paid pursuant to

21  chapter 199;

22         d.  Emergency excise taxes paid pursuant to chapter

23  221;

24         e.  Excise taxes paid on documents pursuant to chapter

25  201; and

26         f.  Ad valorem taxes paid

27

28  during the 5 fiscal years immediately preceding the date of

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

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

31  the application.

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

  2  in each fiscal year.

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

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

  5  applicant.

  6         12.  A resolution adopted by the county commissioners

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

  8  recommends the applicant be approved as a qualified applicant,

  9  and which indicates that the necessary commitments of local

10  financial support for the applicant exist. Prior to the

11  adoption of the resolution, the county commission may review

12  the proposed public or private sources of such support and

13  determine whether the proposed sources of local financial

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

15  located in a county designated by the Rural Economic

16  Development Initiative, a resolution adopted by the county

17  commissioners of such county requesting that the applicant's

18  project be exempt from the local financial support

19  requirement.

20         13.  Any additional information requested by the office

21  division.

22         (c)  Applications for certification based on the

23  conversion of defense production jobs to nondefense production

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

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

26  not limited to, the following information:

27         1.  The applicant's federal employer identification

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

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

30         2.  The permanent location of the manufacturing,

31  assembling, fabricating, research, development, or design

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

  2  located.

  3         3.  The Department of Defense contract numbers of the

  4  contract under which the defense production jobs will be

  5  converted to nondefense production jobs.

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

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

  8  canceled.

  9         5.  The commencement date for the nondefense production

10  operations in this state.

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

12  state which are or will be dedicated to the nondefense

13  production project during the year and the average wage of

14  such jobs.

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

16  employed by the applicant in this state.

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

18  derived from Department of Defense contracts during the 5

19  taxable years immediately preceding the date the application

20  is submitted.

21         9.  The amount of:

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

23  pursuant to chapter 212;

24         b.  Corporate income taxes paid pursuant to chapter

25  220;

26         c.  Intangible personal property taxes paid pursuant to

27  chapter 199;

28         d.  Emergency excise taxes paid pursuant to chapter

29  221;

30         e.  Excise taxes paid on documents pursuant to chapter

31  201; and

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  1         f.  Ad valorem taxes paid

  2

  3  during the 5 fiscal years immediately preceding the date of

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

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

  6  the application.

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

  8  in each fiscal year.

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

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

11  applicant.

12         12.  A resolution adopted by the county commissioners

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

14  recommends the applicant be approved as a qualified applicant,

15  and which indicates that the necessary commitments of local

16  financial support for the applicant exist. Prior to the

17  adoption of the resolution, the county commission may review

18  the proposed public or private sources of such support and

19  determine whether the proposed sources of local financial

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

21  located in a county designated by the Rural Economic

22  Development Initiative, a resolution adopted by the county

23  commissioners of such county requesting that the applicant's

24  project be exempt from the local financial support

25  requirement.

26         13.  Any additional information requested by the office

27  division.

28         (d)  Applications for certification based on a contract

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

30  the office division as prescribed by the office Department of

31

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

  2  following information:

  3         1.  The applicant's Florida sales tax registration

  4  number and a notarized signature of an officer of the

  5  applicant.

  6         2.  The permanent location of the manufacturing,

  7  assembling, fabricating, research, development, or design

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

  9  located.

10         3.  The business entity holding a valid Department of

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

12  States that previously occupied the facility, and the date

13  such entity last occupied the facility.

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

15  such alternative proof as may be prescribed by the office

16  department that the applicant is seeking to contract for the

17  reuse of such facility.

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

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

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

21         6.  The commencement date for project operations under

22  the contract in this state.

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

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

25  year and the average wage of such jobs.

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

27  employed by the applicant in this state.

28         9.  The amount of:

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

30  pursuant to chapter 212.

31

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  1         b.  Corporate income taxes paid pursuant to chapter

  2  220.

  3         c.  Intangible personal property taxes paid pursuant to

  4  chapter 199.

  5         d.  Emergency excise taxes paid pursuant to chapter

  6  221.

  7         e.  Excise taxes paid on documents pursuant to chapter

  8  201.

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

10  immediately preceding the date of the application, and the

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

12  years immediately following the date of the application.

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

14  in each fiscal year.

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

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

17  applicant.

18         12.  A resolution adopted by the county commissioners

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

20  recommends the applicant be approved as a qualified applicant,

21  and which indicates that the necessary commitments of local

22  financial support for the applicant exist. Prior to the

23  adoption of the resolution, the county commission may review

24  the proposed public or private sources of such support and

25  determine whether the proposed sources of local financial

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

27  located in a county designated by the Rural Economic

28  Development Initiative, a resolution adopted by the county

29  commissioners of such county requesting that the applicant's

30  project be exempt from the local financial support

31  requirement.

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  1         13.  Any additional information requested by the office

  2  division.

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

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

  5  following to the satisfaction of the office division:

  6         1.  The jobs proposed to be provided under the

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

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

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

10  project is to be located.

11         2.  The consolidation of a Department of Defense

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

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

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

15  facilities in this state.

16         3.  The conversion of defense production jobs to

17  nondefense production jobs must result in net increases in

18  nondefense employment at the applicant's facilities in this

19  state.

20         4.  The Department of Defense contract cannot allow the

21  business to include the costs of relocation or retooling in

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

23  contract.

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

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

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

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

28  its gross receipts in this state from Department of Defense

29  contracts over the 5 years preceding the date an application

30  is submitted pursuant to this section. This subparagraph does

31

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  1  not apply to any application for certification based on a

  2  contract for reuse of a defense-related facility.

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

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

  5         (f)  Each application meeting the requirements of

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

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

  8  determination of eligibility. The office division shall

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

10  limited to, the following criteria:

11         1.  Expected contributions to the state strategic

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

13  taking into account the extent to which the project

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

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

16  state's economy.

17         2.  The economic benefit of the jobs created or

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

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

20  potential risk to existing jobs.

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

22  applicant in this state.

23         4.  The local commitment and support for the project

24  and applicant.

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

26  taking into account the unemployment rate for the county where

27  the project will be located.

28         6.  The dependence of the local community on the

29  defense industry.

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

31  this section on the viability of the project and the

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

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

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

  4  growth and employment in this state.

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

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

  7         (g)  The office division shall forward its written

  8  findings and evaluation on each application meeting the

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

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

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

12  The office division shall notify each applicant when its

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

14  its written report to the director secretary, the office

15  division shall specifically address each of the factors

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

17  assessment with respect to the minimum requirements

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

19  include in its report projections of the tax refund claims

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

21  on the information submitted in the application.

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

23  division's findings and evaluation, the director secretary

24  shall enter a final order that either approves or disapproves

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

26  the justifications for either approval or disapproval. If

27  appropriate, the director secretary shall enter into a written

28  agreement with the qualified applicant pursuant to subsection

29  (4).

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

31  order that certifies any applicant as a qualified applicant

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

  2  order exceeds the available amount of authority to enter final

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

  4  refunds for all qualified applicants projected by the division

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

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

  7  final order that approves an application must specify the

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

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

10  refunds for all fiscal years.

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

12  applicant should receive any tax refunds under this section.

13         (4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND

14  AGREEMENT.--

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

16  agreement with the office department containing, but not

17  limited to, the following:

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

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

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

21  definitions that will apply for measuring the achievement of

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

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

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

25  information contained in the application submitted by the

26  contractor pursuant to subsection (3).

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

28  applicant is eligible to receive in each fiscal year.

29         3.  An agreement with the office department allowing

30  the office department to review and verify the financial and

31  personnel records of the qualified applicant to ascertain

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  1  whether the qualified applicant is complying with the

  2  requirements of this section.

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

  4  qualified applicant may file an annual claim pursuant to

  5  subsection (5).

  6         5.  That local financial support shall be annually

  7  available and will be paid to the Economic Development Trust

  8  Fund.

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

10  agreement is a condition precedent for receipt of tax refunds

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

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

13  receipt of all tax refunds previously authorized pursuant to

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

15  qualified applicant by the director secretary.

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

17  secretary and the authorized officer of the qualified

18  applicant.

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

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

21  points:

22

23         "This agreement is neither a general obligation

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

25         the full faith and credit of the State of

26         Florida. Payment of tax refunds are conditioned

27         on and subject to specific annual

28         appropriations by the Florida Legislature of

29         funds sufficient to pay amounts authorized in

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

31

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

  2  CONTRACTOR.--

  3         (a)  Qualified applicants who have entered into a

  4  written agreement with the office department pursuant to

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

  6  Department of Defense contract, commenced the consolidation of

  7  a Department of Defense contract, commenced the conversion of

  8  defense production jobs to nondefense production jobs or who

  9  have entered into a valid contract for reuse of a

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

11  the office Department of Commerce for tax refunds. The

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

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

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

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

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

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

18  achieving each performance item contained in the tax refund

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

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

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

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

23  applicant unless local financial support has been paid to the

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

25  local financial support is less than 20 percent of the

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

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

28  received. Funding from local sources includes tax abatement

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

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

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

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

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

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

  4  support shall be provided to the office division when such

  5  support is paid to the Economic Development Trust Fund.

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

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

  8  of Labor and Employment Security, shall determine the amount

  9  of the tax refund that is authorized for the qualified

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

11  30 days after the date the claim for the annual tax refund is

12  received by the office Department of Commerce.

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

14  director secretary under this section in any fiscal year may

15  not exceed the amount appropriated to the Economic Development

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

17  Legislature does not appropriate an amount sufficient to

18  satisfy projections by the office division for tax refunds in

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

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

21  claim which shall be paid by dividing the amount appropriated

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

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

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

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

26  claims, funds remain in the Economic Development Trust Fund

27  for tax refunds, the director secretary shall recalculate the

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

29  claim accordingly.

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

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

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

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

  3  warrant for a refund to the qualified applicant until the

  4  conclusion of all appeals of the final order.

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

  6  shall be approved for a qualified applicant provided all other

  7  applicable requirements have been satisfied and the applicant

  8  proves to the satisfaction of the director that it has

  9  achieved at least 80 percent of its projected employment.

10         (6)  ADMINISTRATION.--

11         (a)  The office may department shall adopt rules

12  pursuant to chapter 120 for the administration of this

13  section.

14         (b)  The office department may verify information

15  provided in any claim submitted for tax credits under this

16  section with regard to employment and wage levels or the

17  payment of the taxes with the appropriate agency or authority

18  including the Department of Revenue, the Department of Labor

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

20         (c)  To facilitate the process of monitoring and

21  auditing applications made under this program, the office

22  department may provide a list of qualified applicants to the

23  Department of Revenue, the Department of Labor and Employment

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

25  department may request the assistance of said entities with

26  respect to monitoring the payment of the taxes listed in

27  subsection (2).

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

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

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

31  Representatives of all tax refunds paid under this section,

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  1  including analyses of benefits and costs, types of projects

  2  supported, employment and investment created, geographic

  3  distribution of tax refunds granted, and minority business

  4  participation.  The report must indicate whether the moneys

  5  appropriated by the Legislature to the qualified applicant tax

  6  refund program were expended in a prudent, fiducially sound

  7  manner.

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

  9  qualified under this section after June 30, 2004 1999.

10         Section 60.  Subsection (2) of section 212.097, Florida

11  Statutes, 1998 Supplement, is amended to read:

12         212.097  Urban High-Crime Area Job Tax Credit

13  Program.--

14         (2)  As used in this section, the term:

15         (a)  "Eligible business" means any sole proprietorship,

16  firm, partnership, or corporation that is located in a

17  qualified county and is predominantly engaged in, or is

18  headquarters for a business predominantly engaged in,

19  activities usually provided for consideration by firms

20  classified within the following standard industrial

21  classifications:  SIC 01 through SIC 09 (agriculture,

22  forestry, and fishing); SIC 20 through SIC 39 (manufacturing);

23  SIC 52 through SIC 57 and SIC 59 (retail); SIC 422 (public

24  warehousing and storage); SIC 70 (hotels and other lodging

25  places); SIC 7391 (research and development); SIC 7992 (public

26  golf courses); and SIC 7996 (amusement parks). A call center

27  or similar customer service operation that services a

28  multistate market or international market is also an eligible

29  business. Excluded from eligible receipts are receipts from

30  retail sales, except such receipts for SIC 52 through SIC 57

31  and SIC 59 (retail) hotels and other lodging places classified

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  1  in SIC 70, public golf courses in SIC 7992, and amusement

  2  parks in SIC 7996.  For purposes of this paragraph, the term

  3  "predominantly" means that more than 50 percent of the

  4  business's gross receipts from all sources is generated by

  5  those activities usually provided for consideration by firms

  6  in the specified standard industrial classification. The

  7  determination of whether the business is located in a

  8  qualified high-crime area and the tier ranking of that area

  9  must be based on the date of application for the credit under

10  this section. Commonly owned and controlled entities are to be

11  considered a single business entity.

12         (b)  "Qualified employee" means any employee of an

13  eligible business who performs duties in connection with the

14  operations of the business on a regular, full-time basis for

15  an average of at least 36 hours per week for at least 3 months

16  within the qualified high-crime area in which the eligible

17  business is located. An owner or partner of the eligible

18  business is not a qualified employee. The term also includes

19  an employee leased from an employee leasing company licensed

20  under chapter 468, if such employee has been continuously

21  leased to the employer for an average of at least 36 hours per

22  week for more than 6 months.

23         (c)  "New business" means any eligible business first

24  beginning operation on a site in a qualified high-crime area

25  and clearly separate from any other commercial or business

26  operation of the business entity within a qualified high-crime

27  area. A business entity that operated an eligible business

28  within a qualified high-crime area within the 48 months before

29  the period provided for application by subsection (3) is not

30  considered a new business.

31

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  1         (d)  "Existing business" means any eligible business

  2  that does not meet the criteria for a new business.

  3         (e)  "Qualified high-crime area" means an area selected

  4  by the Office of Tourism, Trade, and Economic Development in

  5  the following manner: every third year, the office shall rank

  6  and tier those areas nominated under subsection (8), according

  7  to the following prioritized criteria:

  8         1.  Highest arrest rates within the geographic area for

  9  violent crime and for such other crimes as drug sale, drug

10  possession, prostitution, vandalism, and civil disturbances;

11         2.  Highest reported crime volume and rate of specific

12  property crimes such as business and residential burglary,

13  motor vehicle theft, and vandalism;

14         3.  Highest percentage of reported index crimes that

15  are violent in nature;

16         4.  Highest overall index crime volume for the area;

17  and

18         5.  Highest overall index crime rate for the geographic

19  area.

20

21  Tier-one areas are ranked 1 through 5 and represent the

22  highest crime areas according to this ranking.  Tier-two areas

23  are ranked 6 through 10 according to this ranking.  Tier-three

24  areas are ranked 11 through 15.

25         Section 61.  Paragraph (a) of subsection (2) of section

26  212.098, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         212.098  Rural Job Tax Credit Program.--

29         (2)  As used in this section, the term:

30         (a)  "Eligible business" means any sole proprietorship,

31  firm, partnership, or corporation that is located in a

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  1  qualified county and is predominantly engaged in, or is

  2  headquarters for a business predominantly engaged in,

  3  activities usually provided for consideration by firms

  4  classified within the following standard industrial

  5  classifications:  SIC 01 through SIC 09 (agriculture,

  6  forestry, and fishing); SIC 20 through SIC 39 (manufacturing);

  7  SIC 422 (public warehousing and storage); SIC 70 (hotels and

  8  other lodging places); SIC 7391 (research and development);

  9  SIC 7992 (public golf courses); and SIC 7996 (amusement

10  parks). A call center or similar customer service operation

11  that services a multistate market or an international market

12  is also an eligible business. Excluded from eligible receipts

13  are receipts from retail sales, except such receipts for

14  hotels and other lodging places classified in SIC 70, public

15  golf courses in SIC 7992, and amusement parks in SIC 7996.

16  For purposes of this paragraph, the term "predominantly" means

17  that more than 50 percent of the business's gross receipts

18  from all sources is generated by those activities usually

19  provided for consideration by firms in the specified standard

20  industrial classification. The determination of whether the

21  business is located in a qualified county and the tier ranking

22  of that county must be based on the date of application for

23  the credit under this section. Commonly owned and controlled

24  entities are to be considered a single business entity.

25         Section 62.  The implementation of section 44, created

26  by this act, which creates Americas Campaign is contingent

27  upon a specific appropriation for Fiscal Year 1999-2000.

28         Section 63.  This act shall take effect July 1, 1999.

29

30

31

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






    Florida Senate - 1999                    CS for CS for SB 1566
    309-2188-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 1566

  3

  4  Creates a sister city grant program under the Department of
    State.  The grant program would allow local governments to
  5  apply for funds to support their sister city
    programs/activities.
  6
    Further revises the membership of the board of directors of
  7  Enterprise Florida, Inc.  Provides for inclusion of the
    Comptroller and an agency head appointed by the Governor.
  8  Provides a  statement that board membership should consider
    racial, ethnic, gender, and population diversity.
  9
    Restores language in current statute that requires Enterprise
10  Florida, Inc., to prepare a business guide and checklist.

11  Revises provisions regarding the public investment in
    Enterprise Florida, Inc. Specifies that state investment
12  cannot equal more than 50 percent of EFI's actual operating
    budget.  Requires the EFI budget to include at least $2
13  million in private cash.

14  Clarifies that the role of the Enterprise Florida
    International Trade and Economic Development Board is to
15  assist the state as well as local economic development
    organizations.
16
    Further revises the membership of the board of directors of
17  the International Trade and Economic Development Board.
    Reduces the proposed number of local economic development
18  organization representatives and adds a small business person
    with trade experience.
19
    Provides for $10 million in transportation dollars to be set
20  aside annually for ports activities funding.  This is in
    addition to funding streams already provided in statute.
21
    Clarifies that funding under the seaport transportation and
22  economic development program should be expended on projects
    that accommodate freight movement and storage capacity or
23  cruise capacity.

24  Specifies that program funds may also be used for construction
    or rehabilitation at smaller ports, and provides that funds
25  may be used to finance trade corridor or system-wide freight
    mobility plans.
26
    Requires the Florida Seaport Transportation and Economic
27  Development Council to create a project modification review
    committee composed of various agency representatives and a
28  port representative.  The committee will review modifications
    are to any project and determine if it needs to be resubmitted
29  to the FSTED council for approval

30  Creates the Office of Seaport and Intermodal Development
    within the Department of Transportation.
31
    Creates the Office of Seaport Freight Mobility Planning within
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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for CS for SB 1566
    309-2188-99




  1  Department of Community Affairs.

  2
    Creates Northwest Florida Seaport Transportation and Economic
  3  Development Council, consisting of the ports of Pensacola,
    Panama City, and Port St. Joe, as well as EFI and OTTED.
  4  Revises the definition of the term "port facilities" to
    include certain storage facilities used for warehousing,
  5  storage, and distribution of cargo.

  6  Requires that the implementation of the Americas Campaign is
    contingent upon a specific appropriation for Fiscal Year
  7  1999-2000.

  8  Creates an international archive in the Department of State;
    provides for the filing of certain foreign money judgments
  9  with the department; requires Enterprise Florida, Inc., to
    conduct several international studies; includes call centers
10  within the scope of the urban high crime and rural job tax
    credit programs and includes certain retail businesses in the
11  urban high crime tax credit program; abrogates the repeal of
    the foreign office statute and requires the reporting of
12  certain information by the offices; and abrogates the
    scheduled 1999 repeal of the Qualified Defense Contractor tax
13  refund program and conforms administrative references for the
    program.
14
    Provides that fees paid by notaries public collected pursuant
15  to section 117.01(2), F.S., shall be deposited into the Grants
    and Donations Trust Fund in the Department of State and
16  requires that the implementation of section 117.01(2), which
    would transfer the fees to the Department of State, is
17  contingent upon a specific appropriation for FY 1999-2000.

18  Amends procedures related to issuance of certified copies of
    notary public commission; expands the rule-making authority of
19  the Secretary of State governing civil-law notaries;
    authorizes the Secretary of State to test the legal knowledge
20  of a civil-law notary applicant under certain circumstances;
    authorizes the issuance of certificates of notarial authority
21  and apostilles to civil-law notaries.

22  Provides an exception to the Department of Environmental
    Protection's  (DEP) exclusive responsibility for permitting
23  and enforcement actions related to deep-water ports, in the
    case of a deep water port that is a department of a county.
24

25

26

27

28

29

30

31

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