Senate Bill 1566e1

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







    CS for CS for SB 1566                          First Engrossed



  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; creating

19         the Office of Urban Opportunity within the

20         Office of Tourism, Trade, and Economic

21         Development; providing for the appointment of a

22         director of the Office of Urban Opportunity;

23         prescribing the purpose of the office; amending

24         s. 288.0251, F.S.; changing authority to

25         contract for Florida's international volunteer

26         corps to the Department of State from the

27         Office of Tourism, Trade, and Economic

28         Development; amending s. 288.095, F.S.;

29         revising criteria for approval of applications

30         for tax refunds for economic development

31         purposes by the Office of Tourism, Trade, and


                                  1

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






    CS for CS for SB 1566                          First Engrossed



  1         Economic Development; limiting the amount of

  2         refunds that may be made in a fiscal year;

  3         amending s. 288.106, F.S.; revising criteria

  4         for approval of tax refunds under the

  5         tax-refund program for qualified target

  6         industry businesses; redefining the terms

  7         "expansion of an existing business," "local

  8         financial support exemption option," and "rural

  9         county"; defining the term "authorized local

10         economic development agency" and "rural

11         community"; extending the refund program to

12         additional counties; revising the amount of

13         refunds; providing requirements for waiver of

14         minimum standards; prescribing duties of the

15         office director; amending s. 288.816, F.S.;

16         creating a sister city grant program under the

17         Department of State; prescribing application

18         procedures and criteria; directing the

19         department to adopt rules; amending s. 288.901,

20         F.S.; expanding an employee lease program under

21         Enterprise Florida, Inc.; revising the

22         membership and appointment process for the

23         board of directors of Enterprise Florida, Inc.;

24         amending s. 288.9015, F.S.; specifying

25         responsibilities for Enterprise Florida, Inc.,

26         relating to rural communities and distressed

27         urban communities, evaluation of the state's

28         competitiveness, and the needs of small and

29         minority businesses; amending s. 288.90151,

30         F.S.; expressing legislative intent on the

31         return-on-investment of public funds in


                                  2

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






    CS for CS for SB 1566                          First Engrossed



  1         Enterprise Florida, Inc.; specifying

  2         private-sector support for Enterprise Florida,

  3         Inc.; prescribing the state's operating

  4         investment in Enterprise Florida, Inc.;

  5         requiring compliance with performance measures;

  6         requiring a report on the results of customer

  7         satisfaction survey; amending s. 288.903, F.S.;

  8         revising the required membership of the

  9         executive committee of Enterprise Florida,

10         Inc.; deleting certain prescribed powers and

11         duties of the president; requiring a

12         performance-based contract in order to exceed

13         certain employee compensation levels; amending

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

15         contracts executed by Enterprise Florida, Inc.;

16         authorizing Enterprise Florida, Inc., to create

17         and dissolve advisory committees and similar

18         organizations; requiring the creation of

19         advisory committees on international business

20         and small business; prescribing the purpose and

21         procedures of such committees; providing for

22         reimbursement of expenses; amending s. 288.905,

23         F.S.; revising the duties of the board of

24         directors of Enterprise Florida, Inc.; revising

25         the required content of the board's strategic

26         plan; requiring the involvement of certain

27         local and regional economic development

28         organizations and rural and urban organizations

29         in the policies of Enterprise Florida, Inc.;

30         revising the date for a review of Enterprise

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


                                  3

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






    CS for CS for SB 1566                          First Engrossed



  1         Analysis and Government Accountability;

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

  3         requirements for the annual report of

  4         Enterprise Florida, Inc.; expanding the audit

  5         authority of the Auditor General to include

  6         advisory committees or similar groups created

  7         by Enterprise Florida, Inc.; amending ss.

  8         288.9415, 288.9511, 288.9515, 288.95155,

  9         288.9519, 288.9520, 288.9603, 288.9604,

10         288.9614, 288.9618, F.S.; conforming to the

11         dissolution of certain boards; repealing s.

12         288.902, F.S., which relates to the Enterprise

13         Florida Nominating Council; repealing s.

14         288.9412, F.S., which relates to the

15         International Trade and Economic Development

16         Board; repealing s. 288.9413, F.S., which

17         relates to the organization of the

18         International Trade and Economic Development

19         Board; repealing s. 288.9414, F.S., which

20         relates to the powers and authority of the

21         International Trade and Economic Development

22         Board; repealing s. 288.942, F.S., which

23         relates to the grant review panel; repealing s.

24         288.9510, F.S., which relates to legislative

25         intent on the Enterprise Florida Innovation

26         Partnership; repealing s. 288.9512, F.S., which

27         relates to the technology development board;

28         repealing s. 288.9513, F.S., which relates to

29         the organization of the technology development

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

31         relates to powers and authority of the


                                  4

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






    CS for CS for SB 1566                          First Engrossed



  1         technology development board; repealing s.

  2         288.9516, F.S., which relates to the annual

  3         report of the technology development board;

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

  5         the capital development board; repealing s.

  6         288.9612, F.S., which relates to the

  7         organization of the capital development board;

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

  9         the powers and authority of the capital

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

11         which relates to the annual report of the

12         capital development board; providing for the

13         continuation of certain contracts; providing

14         for the transfer of certain property;

15         authorizing Enterprise Florida, Inc., to assume

16         responsibilities of certain repealed boards;

17         directing the Division of Statutory Revision to

18         redesignate certain parts in the Florida

19         Statutes; amending s. 288.707, F.S.; directing

20         the Florida Black Business Investment Board to

21         increase access to capital for black

22         businesses; amending s. 288.709, F.S.; revising

23         the powers of the Black Business Investment

24         Board; amending s. 288.99, F.S.; revising

25         definitions related to the Certified Capital

26         Company Act; specifying that tax credits vested

27         under the Certified Capital Company Act are not

28         to be considered in ratemaking proceedings

29         involving a certified investor; redefining the

30         term "transferee" for purposes of allocating

31         unused premium tax credits; directing the


                                  5

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






    CS for CS for SB 1566                          First Engrossed



  1         Division of Statutory Revision to designate

  2         certain sections of the Florida Statutes as

  3         part XI, relating to Workforce Development;

  4         transferring, renumbering, and amending s.

  5         446.601, F.S.; conforming cross-references;

  6         deleting provisions governing services of

  7         One-Stop Career Centers; revising components of

  8         the state's workforce development strategy;

  9         transferring, renumbering, and amending s.

10         446.604, F.S.; providing for the state's

11         One-Stop Career Center customer service

12         delivery strategy; specifying partners;

13         providing for oversight and operation of

14         centers by regional workforce development

15         boards and center operators; providing for

16         transfer of responsibilities; providing for

17         assigning and leasing of employees; directing

18         funds for direct customer service costs;

19         providing for employment preference; providing

20         for memorandums of understanding and sanctions;

21         providing for electronic service delivery;

22         authorizing Intensive Service Accounts and

23         Individual Training Accounts and providing

24         specifications; transferring, renumbering, and

25         amending s. 288.9620, F.S.; providing for

26         membership of the Florida Workforce Development

27         Board pursuant to federal law; providing for

28         committees; requiring financial disclosure;

29         authorizing the board as the Workforce

30         Investment Board; specifying functions, duties,

31         and responsibilities; providing for sanctions;


                                  6

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






    CS for CS for SB 1566                          First Engrossed



  1         providing for carryover of funds; requiring a

  2         performance measurement system and reporting of

  3         such; transferring, renumbering, and amending

  4         s. 446.602, F.S.; providing for membership of

  5         regional workforce development boards pursuant

  6         to federal law; prohibiting certain activities

  7         that create a conflict of interest; providing

  8         for transition; providing for performance and

  9         compliance review; correcting organizational

10         name references; requiring a local plan;

11         providing for oversight of One-Stop Career

12         Centers; authorizing local committees;

13         establishing high skills/high wages committees;

14         transferring, renumbering, and amending s.

15         446.607, F.S.; conforming cross-references;

16         providing for consolidated board membership

17         requirements; transferring, renumbering, and

18         amending s. 446.603, F.S.; conforming

19         cross-references; expanding the scope of the

20         Untried Worker Placement and Employment

21         Incentive Act; abrogating scheduled repeal of

22         program; creating s. 288.9956, F.S.; providing

23         principles for implementing the federal

24         Workforce Investment Act of 1998; providing for

25         a 5-year plan; specifying funding distribution;

26         creating the Incumbent Worker Training Program;

27         providing program requirements; requiring a

28         report; authorizing the Workforce Development

29         Board to contract for administrative services

30         related to federal funding; specifying

31         contractual agreements; providing for


                                  7

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






    CS for CS for SB 1566                          First Engrossed



  1         indemnification; providing for settlement

  2         authority; providing for compliance with

  3         federal law; providing for workforce

  4         development review; providing for termination

  5         of state set-aside; creating s. 288.9957, F.S.;

  6         requiring designation of the Florida Youth

  7         Workforce Council; providing for membership and

  8         duties; providing for allocation of funds;

  9         creating s. 288.9958, F.S.; requiring

10         appointment of the Employment, Occupation, and

11         Performance Information Coordinating Committee;

12         providing for membership and duties; providing

13         for services and staff; creating s. 288.9959,

14         F.S.; requiring appointment of the Operational

15         Design and Technology Procurement Committee;

16         providing for membership and duties; providing

17         for services and staff; amending s. 414.026,

18         F.S.; conforming a cross-reference; repealing

19         s. 446.20, F.S., which provides for

20         administration of responsibilities under the

21         federal Job Training Partnership Act; repealing

22         s. 446.205, F.S., which provides for a Job

23         Training Partnership Act family drop-out

24         prevention program; repealing s. 446.605, F.S.,

25         which provides for applicability of the

26         Workforce Florida Act of 1996; repealing s.

27         446.606, F.S., which provides for designation

28         of primary service providers; providing for

29         severability; amending s. 220.191, F.S.;

30         providing that credits may be granted against

31         premium tax liability under the capital


                                  8

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






    CS for CS for SB 1566                          First Engrossed



  1         investment tax credit program; specifying that

  2         an insurance company claiming premium tax

  3         credits under such program is not required to

  4         pay additional retaliatory tax under s.

  5         624.5091, F.S.; amending s. 163.3178, F.S.;

  6         requiring certain ports to identify certain

  7         spoil disposal sites; requiring such ports to

  8         prepare comprehensive master plans; amending s.

  9         163.3187, F.S.; exempting comprehensive plan

10         amendments for port transportation facilities

11         and projects from a time limitation; amending

12         s. 253.77, F.S.; exempting certain ports from

13         paying fees for activities involving the use of

14         sovereign lands; amending s. 288.8155, F.S.;

15         providing that the International Trade Data

16         Resource and Research Center be incorporated as

17         a private nonprofit corporation, and not be a

18         unit or entity of state government; providing

19         for the creation and constitution of a board of

20         directors of the center; authorizing the center

21         to acquire patents, copyrights, and trademarks

22         on its property and publications; amending s.

23         311.07, F.S.; providing that projects eligible

24         for funding under the Florida Seaport

25         Transportation and Economic Development Program

26         must be consistent with port master plans;

27         providing that projects eligible for funding

28         include projects that accommodate freight

29         movement and storage capacity or cruise

30         capacity with exceptions; exempting certain

31         port transportation facilities and projects


                                  9

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






    CS for CS for SB 1566                          First Engrossed



  1         from review as developments of regional impact;

  2         amending s. 311.09, F.S.; declaring that

  3         projects eligible for funding under the Florida

  4         Seaport Transportation and Economic Development

  5         Program are presumed to be in the public

  6         interest;  creating s. 311.101, F.S.; creating

  7         the Office of Seaport and Freight Mobility

  8         Development within the Office of the State

  9         Public Transportation Administrator; providing

10         duties and responsibilities; creating s.

11         311.102, F.S.; creating the Office of Seaport

12         and Freight Mobility Planning within the Office

13         of the Secretary of the Department of Community

14         Affairs; providing duties and responsibilities;

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

16         Northwest Florida Seaport Transportation and

17         Economic Development Council; providing for

18         membership of the council; requiring the

19         council to develop a strategic regional

20         development plan; prescribing powers of the

21         council; providing for staffing of the council;

22         amending s. 311.11, F.S.; providing that the

23         Florida Seaport Transportation and Economic

24         Development Council shall develop a Seaport

25         Training and Employment Program; providing

26         legislative purposes and requirements for the

27         program; creating s. 311.14, F.S.; directing

28         the Florida Seaport Transportation and Economic

29         Development Council to develop freight-mobility

30         and trade-corridor plans; amending s. 315.02,

31         F.S.; redefining the term "port facilities" to


                                  10

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






    CS for CS for SB 1566                          First Engrossed



  1         include certain storage facilities used for

  2         warehousing, storage, and distribution of

  3         cargo; amending s. 380.06, F.S.; exempting

  4         certain port projects from review as

  5         developments of regional impact; creating the

  6         Americas Campaign; providing legislative

  7         findings related to international trade;

  8         prescribing the elements of the Americas

  9         Campaign; designating a Campaign Council;

10         providing for funding of the Americas Campaign;

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

12         proceeds of the application and commission fees

13         paid by notaries public to be deposited into

14         the Grants and Donations Trust Fund of the

15         Department of State; amending s. 15.16, F.S.;

16         authorizing the Secretary of State to issue

17         apostilles; authorizing a fee; amending s.

18         117.103, F.S.; providing procedures and effect

19         relating to issuance of certified copies of

20         certificates of notary public commission;

21         amending s. 118.10, F.S.; revising the

22         definition and purposes of "authentic act"

23         governing civil-law notaries; providing for a

24         presumption of correctness of matters

25         incorporated into authentic acts; authorizing

26         civil-law notaries to authenticate documents,

27         transactions, events, conditions, or

28         occurrences; expanding the rulemaking authority

29         of the Secretary of State governing civil-law

30         notaries; authorizing the Secretary of State to

31         test the legal knowledge of a civil-law notary


                                  11

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






    CS for CS for SB 1566                          First Engrossed



  1         applicant under certain circumstances; creating

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

  3         certificates of notarial authority and

  4         apostilles to civil-law notaries; amending s.

  5         15.18, F.S.; providing for coordination of

  6         international activities of the Department of

  7         State; requiring the Secretary of State to

  8         maintain lists relating to foreign money

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

10         that foreign judgments be filed with the

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

12         requiring the Secretary of State to create and

13         maintain a specified list relative to foreign

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

15         creating the Florida International Archive and

16         Repository; providing requirements for the

17         archive; providing for access to the archive;

18         reviving, reenacting, and amending s. 288.012,

19         F.S., relating to establishment and operation

20         of foreign offices by the Office of Tourism,

21         Trade, and Economic Development; abrogating the

22         repeal of the section; requiring offices to

23         report annually on activities and

24         accomplishments; prescribing the content of the

25         reports; providing for future review of foreign

26         offices; requiring Enterprise Florida, Inc., to

27         develop a master plan for integrating

28         international trade and reverse investment

29         resources; prescribing procedures, content, and

30         a submission deadline related to the plan;

31         requiring Enterprise Florida, Inc., in


                                  12

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






    CS for CS for SB 1566                          First Engrossed



  1         conjunction with the Office of Tourism, Trade,

  2         and Economic Development, to prepare a plan to

  3         promote foreign direct investment in Florida;

  4         prescribing procedures, content, and a

  5         submission deadline related to the plan;

  6         requiring Enterprise Florida, Inc., to develop

  7         a strategic plan that will allow Florida to

  8         capitalize on the economic opportunities

  9         associated with a free Cuba; amending s.

10         288.1045, F.S.; conforming the limitation on

11         the amount of tax refunds approved for payment

12         under the qualified defense contractor tax

13         refund program to the amount appropriated by

14         the Legislature for such refunds; correcting

15         references relating to program administration;

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

17         the definition of an "eligible business" under

18         the Urban High-Crime Area Job Tax Credit

19         Program and the Rural Job Tax Credit Program;

20         providing that certain call centers or similar

21         customer service operations are eligible

22         businesses under these programs; authorizing

23         the recommendation of additions to or deletions

24         from the list of eligible businesses; providing

25         that certain retail businesses are eligible

26         businesses under the Urban High-Crime Area Job

27         Tax Credit Program; creating the Institute on

28         Urban Policy and Commerce at Florida

29         Agricultural and Mechanical University;

30         providing its purposes and duties; providing

31         for the establishment of regional urban


                                  13

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






    CS for CS for SB 1566                          First Engrossed



  1         centers; requiring annual reports by the

  2         institute and the Governor; creating s.

  3         339.081, F.S.; creating a Workforce and

  4         Economic Development Transportation Program

  5         within the Department of Transportation;

  6         providing for program funding; providing for

  7         project selection; providing an appropriation;

  8         providing a short title; providing intent;

  9         amending s. 163.3177, F.S.; providing

10         requirements for the future land use element of

11         a local government comprehensive plan with

12         respect to rural areas; amending s. 186.502,

13         F.S.; providing that a regional planning

14         council shall have a duty to assist local

15         governments with economic development; amending

16         s. 186.504, F.S.; providing that the ex

17         officio, nonvoting membership of each regional

18         planning council shall include a representative

19         nominated by Enterprise Florida, Inc., and the

20         Office of Tourism, Trade, and Economic

21         Development; amending s. 186.505, F.S.;

22         authorizing the use of regional planning

23         council personnel, consultants, or technical or

24         professional assistants to help local

25         governments with economic development

26         activities; amending s. 288.018, F.S.;

27         authorizing the Office of Tourism, Trade, and

28         Economic Development to approve regional rural

29         development grants on an annual basis;

30         increasing the maximum amount of each grant

31         award; increasing the total amount that may be


                                  14

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






    CS for CS for SB 1566                          First Engrossed



  1         expended annually for such grants; amending s.

  2         288.065, F.S.; revising the population criteria

  3         for local government participation in the Rural

  4         Community Development Revolving Loan Fund;

  5         prescribing conditions under which repayments

  6         of principal and interest under the Rural

  7         Community Development Revolving Loan Fund may

  8         be retained by a unit of local government;

  9         creating s. 288.0655, F.S.; creating the Rural

10         Infrastructure Fund for infrastructure projects

11         in rural communities; providing for an annual

12         deposit in the Economic Development Trust Fund

13         in support of such infrastructure fund;

14         authorizing grants for infrastructure projects

15         and related studies; requiring the development

16         of guidelines; providing that funds

17         appropriated for such infrastructure fund shall

18         not be subject to reversion; amending s.

19         320.20, F.S.; requiring the deposit of a

20         certain amount of motor vehicle registration

21         funds in the Economic Development Trust Fund in

22         support of the Rural Infrastructure Fund;

23         prescribing the manner in which such funds may

24         be used; prohibiting diversion of such funds;

25         creating the Rural Economic Development

26         Initiative within the office and providing its

27         duties and responsibilities; directing

28         specified agencies to select a representative

29         to work with the initiative; providing for the

30         recommendation and designation of rural areas

31         of critical economic concern; providing for the


                                  15

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






    CS for CS for SB 1566                          First Engrossed



  1         waiver of certain criteria and rules with

  2         respect to such areas; providing for the

  3         commitment of certain services, resources,

  4         benefits, and staffing with respect to such

  5         areas; requiring execution of a memorandum of

  6         agreement as a condition to designation as a

  7         rural area of critical economic concern;

  8         providing for an annual report; authorizing the

  9         Office of Tourism, Trade, and Economic

10         Development to accept and administer moneys

11         appropriated for grants to assist rural

12         communities to develop and implement strategic

13         economic development plans; providing for

14         review of grant applications; authorizing the

15         Department of Community Affairs to establish a

16         grant program to assist rural counties in

17         financing studies regarding the establishment

18         of municipal service taxing or benefit units;

19         providing for rules; providing an

20         appropriation; amending s. 236.081, F.S.;

21         providing an exclusion under the computation of

22         school district required local effort for

23         certain nonpayment of property taxes in a rural

24         area of critical economic concern; amending s.

25         378.601, F.S.; exempting specified heavy mining

26         operations from requirements for

27         development-of-regional-impact review under

28         certain circumstances; directing the Florida

29         Fish and Wildlife Conservation Commission to

30         provide assistance related to promotion and

31         development of nature-based recreation;


                                  16

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






    CS for CS for SB 1566                          First Engrossed



  1         specifying a minimum percentage of funds to be

  2         allocated to economic development under the

  3         Florida Small Cities Community Development

  4         Block Grant Program; creating s. 230.23027,

  5         F.S.; establishing the Small School District

  6         Stabilization Program; providing for a best

  7         financial management practices review of

  8         certain small districts; creating s. 290.0069,

  9         F.S.; directing the Office of Tourism, Trade,

10         and Economic Development to designate a pilot

11         project area within an enterprise zone;

12         providing qualifications for such area;

13         providing that certain businesses in such area

14         are eligible for credits against the tax on

15         sales, use, and other transactions and

16         corporate income tax; providing for computation

17         of such credits; providing application

18         procedures and requirements; providing

19         rulemaking authority; requiring a review and

20         report by the Office of Program Policy Analysis

21         and Government Accountability; providing for

22         future repeal and revocation of such

23         designation; making the implementation of a

24         specified provision contingent upon specific

25         appropriations; amending s. 288.980, F.S.;

26         providing legislative intent; providing for the

27         role of the Florida Defense Alliance; providing

28         funding; removing a limitation on the amount of

29         a grant under the Florida Military Installation

30         Reuse Planning and Marketing Grant Program;

31         increasing a grant limitation with respect to


                                  17

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






    CS for CS for SB 1566                          First Engrossed



  1         the Florida Defense Planning Grant Program;

  2         reducing the amount of matching funds required

  3         under certain grant programs; creating the

  4         Retention of Military Installations Program;

  5         providing eligibility criteria; providing a cap

  6         on the payment of administrative expenses from

  7         certain grants; providing an appropriation;

  8         providing an effective date.

  9

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

11

12         Section 1.  Section 14.2015, Florida Statutes, 1998

13  Supplement, is amended to read:

14         14.2015  Office of Tourism, Trade, and Economic

15  Development; creation; powers and duties.--

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

17  Development is created within the Executive Office of the

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

19  Economic Development shall be appointed by and serve at the

20  pleasure of the Governor.

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

22  Economic Development is to assist the Governor in working with

23  the Legislature, state agencies, business leaders, and

24  economic development professionals to formulate and implement

25  coherent and consistent policies and strategies designed to

26  provide economic opportunities for all Floridians.  To

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

28  Economic Development shall:

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

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

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


                                  18

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






    CS for CS for SB 1566                          First Engrossed



  1  corporation whose board members have had prior experience in

  2  promoting, throughout the state, the economic development of

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

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

  5  and promote the entertainment industry in the state.

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

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

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

  9  industry in the state.

10         (c)  Monitor the activities of public-private

11  partnerships and state agencies in order to avoid duplication

12  and promote coordinated and consistent implementation of

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

14  international trade and investment; business recruitment,

15  creation, retention, and expansion; minority and small

16  business development; and rural community development.

17         (d)  Facilitate the direct involvement of the Governor

18  and the Lieutenant Governor in economic development projects

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

20  to recruit worldwide business, as well as in other

21  job-creating efforts.

22         (e)  Assist the Governor, in cooperation with

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

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

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

26  of economic development in Florida which will include the

27  identification of problems and the recommendation of

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

29  the Senate, the Speaker of the House of Representatives, the

30  Senate Minority Leader, and the House Minority Leader by

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


                                  19

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






    CS for CS for SB 1566                          First Engrossed



  1  Governor's message to the Legislature under the State

  2  Constitution and any other economic reports required by law.

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

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

  5  and economic development called by the Governor to address the

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

  7  economic future of the state, and identify economic

  8  development efforts to fulfill that vision.

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

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

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

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

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

14  288.1045, contracts for transportation projects under s.

15  288.063, the sports franchise facility program under s.

16  288.1162, the professional golf hall of fame facility program

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

18  403.973 Florida Jobs Siting Act under ss. 403.950-403.972, the

19  Rural Community Development Revolving Loan Fund under s.

20  288.065, the Regional Rural Development Grants Program under

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

22  the Florida State Rural Development Council, and the Rural

23  Economic Development Initiative, and other programs that are

24  specifically assigned to the office by law, by the

25  appropriations process, or by the Governor. Notwithstanding

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

27  earned from the investment of program funds deposited in the

28  Economic Development Trust Fund, the Grants and Donations

29  Trust Fund, the Brownfield Property Ownership Clearance

30  Assistance Revolving Loan Trust Fund, and the Economic

31  Development Transportation Trust Fund to contract for the


                                  20

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






    CS for CS for SB 1566                          First Engrossed



  1  administration of the programs, or portions of the programs,

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

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

  4  expenditures shall be subject to review under chapter 216.

  5         2.  The office may enter into contracts in connection

  6  with the fulfillment of its duties concerning the Florida

  7  First Business Bond Pool under chapter 159, tax incentives

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

  9  Capital Company Act in chapter 288, foreign offices under

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

11  the Seaport Employment Training program under chapter 311, the

12  Florida Professional Sports Team License Plates under chapter

13  320, Spaceport Florida under chapter 331, Job Siting and

14  Expedited Permitting under chapter 403, and in carrying out

15  other functions that are specifically assigned to the office

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

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

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

19  Florida Commission on Tourism, and all direct-support

20  organizations under this act, excluding those relating to

21  tourism.  To accomplish the provisions of this act and

22  applicable provisions of chapter 288, and notwithstanding the

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

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

25  Florida Commission on Tourism, and other appropriate

26  direct-support organizations. Such contracts may be multiyear

27  and shall include specific performance measures for each year.

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

29  Speaker of the House of Representatives with a report by

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

31


                                  21

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






    CS for CS for SB 1566                          First Engrossed



  1  including the extent to which specific contract performance

  2  measures have been met by these contractors.

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

  4  unified budget request for tourism, trade, and economic

  5  development in accordance with chapter 216 for, and in

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

  7  the Florida Commission on Tourism and its direct-support

  8  organization, the Florida Black Business Investment Board, and

  9  the direct-support organizations created to promote the

10  entertainment and sports industries.

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

12  its functions in connection with the administration of the

13  Qualified Target Industry program, the Qualified Defense

14  Contractor program, the Certified Capital Company Act, the

15  Enterprise Zone program, and the Florida First Business Bond

16  pool.

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

18  14.32:

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

20  development, utilization, and improvement of internal control

21  measures necessary to ensure fiscal accountability.

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

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

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

25  abuses, and deficiencies relating to programs and operations

26  of public-private partnerships.

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

28  and other information of public-private partnerships that the

29  Chief Inspector General deems necessary to carry out his or

30  her responsibilities with respect to accountability.

31


                                  22

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






    CS for CS for SB 1566                          First Engrossed



  1         (e)  Shall monitor public-private partnerships for

  2  compliance with the terms and conditions of contracts with the

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

  4  noncompliance to the Governor.

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

  6  development, utilization, and improvement of performance

  7  measures for the evaluation of their operations.

  8         (g)  Shall review and make recommendations for

  9  improvements in the actions taken by public-private

10  partnerships to meet performance standards.

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

12  Economic Development shall designate a position within the

13  office to advocate and coordinate the interests of minority

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

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

16  office on issues and projects important to the recruitment,

17  creation, preservation, and growth of minority businesses.

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

19  Economic Development shall designate a position within the

20  office to advocate and coordinate the interests of rural

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

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

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

24  economic capacity of Florida's rural communities.

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

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

27  Development shall consider the impact of agency rules on

28  businesses, provide one-stop permit information and

29  assistance, and serve as an advocate for businesses,

30  particularly small businesses, in their dealings with state

31  agencies.


                                  23

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






    CS for CS for SB 1566                          First Engrossed



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

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

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

  4  to, licenses and registrations.

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

  6         1.  Review proposed agency actions for impacts on small

  7  businesses and offer alternatives to mitigate such impacts, as

  8  provided in s. 120.54.

  9         2.  In consultation with the Governor's rules

10  ombudsman, make recommendations to agencies on any existing

11  and proposed rules for alleviating unnecessary or

12  disproportionate adverse effects to businesses.

13         3.  Make recommendations to the Legislature and to

14  agencies for improving permitting procedures affecting

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

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

17  Economic Development shall submit a report to the Legislature

18  containing the following:

19         a.  An identification and description of methods to

20  eliminate, consolidate, simplify, or expedite permits.

21         b.  An identification and description of those agency

22  rules repealed or modified during each calendar year to

23  improve the regulatory climate for businesses operating in the

24  state.

25         c.  A recommendation for an operating plan and funding

26  level for establishing an automated one-stop permit registry

27  to provide the following services:

28         (I)  Access by computer network to all permit

29  applications and approval requirements of each state agency.

30         (II)  Assistance in the completion of such

31  applications.


                                  24

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






    CS for CS for SB 1566                          First Engrossed



  1         (III)  Centralized collection of any permit fees and

  2  distribution of such fees to agencies.

  3         (IV)  Submission of application data and circulation of

  4  such data among state agencies by computer network.

  5

  6  If the Legislature establishes such a registry, subsequent

  7  annual reports must cover the status and performance of this

  8  registry.

  9         4.  Serve as a clearinghouse for information on which

10  permits are required for a particular business and on the

11  respective application process, including criteria applied in

12  making a determination on a permit application. Each state

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

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

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

16  types of businesses and professions that it regulates and of

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

18  type of business or profession.

19         5.  Obtain information and permit applications from

20  agencies and provide such information and permit applications

21  to the public.

22         6.  Arrange, upon request, informal conferences between

23  a business and an agency to clarify regulatory requirements or

24  standards or to identify and address problems in the permit

25  review process.

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

27  permit application.

28         8.  Receive complaints and suggestions concerning

29  permitting policies and activities of governmental agencies

30  which affect businesses.

31


                                  25

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






    CS for CS for SB 1566                          First Engrossed



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

  2  does not preclude a person or business from dealing directly

  3  with an agency.

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

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

  6  consult with state agency personnel appointed to serve as

  7  economic development liaisons under s. 288.021.

  8         (f)  The office shall clearly represent that its

  9  services are advisory, informational, and facilitative only.

10  Advice, information, and assistance rendered by the office

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

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

13  consequences resulting from the failure to issue or to secure

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

15  of the office and who receives a written statement identifying

16  required state permits relating to a business activity may not

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

18  that was not identified, if the applicant submits an

19  application for each such permit within 60 days after written

20  notification from the agency responsible for issuing the

21  permit.

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

23  Development shall develop performance measures, standards, and

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

25  in conjunction with the applicable entity, for each program

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

27  The performance measures, standards, and sanctions shall be

28  developed in consultation with the legislative appropriations

29  committees and the appropriate substantive committees, and are

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

31  216.177.  The approved performance measures, standards, and


                                  26

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






    CS for CS for SB 1566                          First Engrossed



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

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

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

  4  Development shall ensure that the contract between the Florida

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

  6  organization contains a provision to provide the data on the

  7  visitor counts and visitor profiles used in revenue

  8  estimating, employing the same methodology used in fiscal year

  9  1995-1996 by the Department of Commerce. The Office of

10  Tourism, Trade, and Economic Development and the Florida

11  Commission on Tourism must reach agreement with the Consensus

12  Estimating Conference principals before making any changes in

13  methodology used or information gathered.

14         (9)(a)  The Office of Urban Opportunity is created

15  within the Office of Tourism, Trade, and Economic Development.

16  The director of the Office of Urban Opportunity shall be

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

18         (b)  The purpose of the Office of Urban Opportunity

19  shall be to administer the Front Porch Florida initiative, a

20  comprehensive, community-based urban core redevelopment

21  program that will empower urban core residents to craft

22  solutions to the unique challenges of each designated

23  community.

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

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

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

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

28  expend appropriated state and federal funds for general

29  economic development grants. The office shall establish

30  criteria for the award of grants, including criteria relating

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


                                  27

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






    CS for CS for SB 1566                          First Engrossed



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

  2  properly administer grant funds, and such other matters deemed

  3  necessary and appropriate to further the purposes of this

  4  subsection. The office shall expend all funds in accordance

  5  with state law and shall use such appropriations to supplement

  6  the financial support of:

  7         1.  Programs that have a substantial economic

  8  significance, giving emphasis to programs that benefit the

  9  state as a whole.

10         2.  Programs with a high potential for match funding

11  from nonstate sources.

12         3.  Economic development programs for which no other

13  state grants are available.

14         4.  Rural areas and distressed urban areas.

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

16  nonprofit corporation or local or state governmental entity.

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

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

19  50-percent matching basis. Up to 30 percent of such funds

20  available may be awarded on a nonmatching basis.

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

22  appropriated for economic development programs, the office may

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

24  the contract period, the grantee or contractee shall furnish

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

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

27  independent certified public accountant may be required in

28  accordance with criteria adopted by the office.

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

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

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


                                  28

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






    CS for CS for SB 1566                          First Engrossed



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

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

  3  panel thereof recommending the award. However, this subsection

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

  5  entity with which a board member is associated.

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

  7         Section 2.  Section 288.0251, Florida Statutes, is

  8  amended to read:

  9         288.0251  International development outreach activities

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

11  Office of Tourism, Trade, and Economic Development may

12  contract for the implementation of Florida's international

13  volunteer corps to provide short-term training and technical

14  assistance activities in Latin America and the Caribbean

15  Basin. The entity contracted under this section must require

16  that such activities be conducted by qualified volunteers who

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

18  statewide focus and experience in coordinating international

19  volunteer programs.

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

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

22         288.095  Economic Development Trust Fund.--

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

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

25  Development may approve applications for certification tax

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

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

28  tax refund payments scheduled in all active certifications for

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

30  approve tax refunds in excess of the amount appropriated to

31


                                  29

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






    CS for CS for SB 1566                          First Engrossed



  1  the Economic Development Incentives Account for such tax

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

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

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

  5  Economic Development based on actual project performance may

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

  7  exceed the amount appropriated to the Economic Development

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

  9  the event the Legislature does not appropriate an amount

10  sufficient to satisfy projections by the office for tax

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

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

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

14  determine the proportion of each refund claim which shall be

15  paid by dividing the amount appropriated for tax refunds for

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

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

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

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

20  Economic Development Incentives Account for tax refunds, the

21  office shall recalculate the proportion for each refund claim

22  and adjust the amount of each claim accordingly.

23         Section 4.  Section 288.106, Florida Statutes, 1998

24  Supplement, is amended to read:

25         288.106  Tax refund program for qualified target

26  industry businesses.--

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

28  Legislature finds that attracting, retaining, and providing

29  favorable conditions for the growth of target industries

30  provides high-quality employment opportunities for citizens of

31  this state and enhances the economic foundations of this


                                  30

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






    CS for CS for SB 1566                          First Engrossed



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

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

  3  providing tax refunds to qualified target industry businesses

  4  that create new high-wage employment opportunities in this

  5  state by expanding existing businesses within this state or by

  6  bringing new businesses to this state.

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

  8         (a)  "Account" means the Economic Development

  9  Incentives Account within the Economic Development Trust Fund

10  established under s. 288.095.

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

12  the statewide private sector average wage or the average of

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

14  standard metropolitan area in which the business is located.

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

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

17  and Employment Security for unemployment compensation purposes

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

19  accepted by the Department of Labor and Employment Security as

20  a reporting unit.

21         (d)  "Corporate headquarters business" means an

22  international, national, or regional headquarters office of a

23  multinational or multistate business enterprise or national

24  trade association, whether separate from or connected with

25  other facilities used by such business.

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

27  Economic Development.

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

29  enterprise zone pursuant to s. 290.0065.

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

31  expansion of an existing Florida a business by or through


                                  31

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






    CS for CS for SB 1566                          First Engrossed



  1  additions to real and personal property on a site colocated

  2  with a commercial or industrial operation owned by the same

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

  4  less than 10 percent at such business.

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

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

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

  8  Labor and Employment Security and the United States Department

  9  of Labor for purposes of unemployment compensation tax

10  administration and employment estimation, resulting directly

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

12  temporary construction jobs involved with the construction of

13  facilities for the project or any jobs which have previously

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

15  288.104 or this section.

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

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

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

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

20  qualified target industry business may not provide, directly

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

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

23  directly or indirectly, state funds appropriated from the

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

25  revenues shared with local governments pursuant to law.

26         (k)  "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 with a population of 75,000 or fewer or

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

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


                                  32

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






    CS for CS for SB 1566                          First Engrossed



  1  designated by the Rural Economic Development Initiative. Any

  2  applicant that exercises this option shall not be eligible for

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

  4  applicant under this section.

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

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

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

  8  commercial or industrial operations owned by the same

  9  business.

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

11  expansion of an existing business.

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

13  Tourism, Trade, and Economic Development.

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

15  headquarters business or any business that is engaged in one

16  of the target industries identified pursuant to the following

17  criteria developed by the office in consultation with

18  Enterprise Florida, Inc.:

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

20  strong expectation for future growth in both employment and

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

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

23  international markets or to replacing imports.

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

25  periodic layoffs, whether due to seasonality or sensitivity to

26  volatile economic variables such as weather.  The industry

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

28  demand for products of this industry is not necessarily

29  subject to decline during an economic downturn.

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

31  wages compared to statewide or area averages.


                                  33

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






    CS for CS for SB 1566                          First Engrossed



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

  2  industry businesses should not be dependent on Florida markets

  3  or resources as indicated by industry analysis.

  4         5.  Industrial base diversification and

  5  strengthening.--The industry should contribute toward

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

  7  as indicated by analysis of employment and output shares

  8  compared to national and regional trends.  Special

  9  consideration should be given to industries that strengthen

10  regional economies by adding value to basic products or

11  building regional industrial clusters as indicated by industry

12  analysis.

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

14  positive impacts on or benefits to the state and regional

15  economies.

16

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

18  shall develop a list of such target industries annually and

19  submit such list as part of the final agency legislative

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

21  industry business may not include any industry engaged in

22  retail activities; any electrical utility company; any

23  phosphate or other solid minerals severance, mining, or

24  processing operation; any oil or gas exploration or production

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

26  of Hotels and Restaurants of the Department of Business and

27  Professional Regulation.

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

29  220.03(1)(z).

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

31  target industry business that has been approved by the


                                  34

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






    CS for CS for SB 1566                          First Engrossed



  1  director to be eligible for tax refunds pursuant to this

  2  section.

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

  4  75,000 or fewer or a county with a population of 100,000 or

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

  6  75,000 or fewer less.

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

  8  10,000 or less, or a city with a population of greater than

  9  10,000 but less than 20,000 which has been determined by the

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

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

12  significant percentage of residents on public assistance, a

13  significant percentage of residents with income below the

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

15  employment base in agriculture-related industries.

16         (t)  "Rural community" means:

17         1.  A county with a population of 75,000 or less.

18         2.  A county with a population of 100,000 or less that

19  is contiguous to a county with a population of 75,000 or less.

20         3.  A municipality within a county described in

21  subparagraph 1. or subparagraph 2.

22

23  For purposes of this paragraph, population shall be determined

24  in accordance with the most recent official estimate pursuant

25  to s. 186.901.

26         (u)  "Authorized local economic development agency"

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

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

29  the general business or industrial interests of that county or

30  municipality.

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


                                  35

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






    CS for CS for SB 1566                          First Engrossed



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

  2  to a qualified target industry business for the amount of

  3  eligible taxes certified by the director which were paid by

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

  5  years for each qualified target industry business must be

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

  7  refund to a qualified target industry business must be

  8  determined pursuant to subsection (6).

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

10  industry business shall be allowed tax refund payments equal

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

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

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

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

15  industry business shall be allowed additional tax refund

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

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

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

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

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

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

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

23  industry business to receive tax refund payments of up to

24  $5,000 times the number of jobs specified in the tax refund

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

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

27  zone. A qualified target industry business may not receive

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

29  refunds specified in the tax refund agreement under

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

31  target industry business may not receive more than $1.5


                                  36

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






    CS for CS for SB 1566                          First Engrossed



  1  million in refunds under this section in any single fiscal

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

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

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

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

  6  $7.5 million if the project is located in an enterprise zone.

  7  Funds made available pursuant to this section may not be

  8  expended in connection with the relocation of a business from

  9  one community to another community in this state unless the

10  Office of Tourism, Trade, and Economic Development determines

11  that without such relocation the business will move outside

12  this state or determines that the business has a compelling

13  economic rationale for the relocation and that the relocation

14  will create additional jobs.

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

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

17         1.  Receive refunds from the account for the following

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

19  taxable year of the business which begins after entering into

20  the agreement:

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

22  chapter 212.

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

24         3.  Intangible personal property taxes under chapter

25  199.

26         4.  Emergency excise taxes under chapter 221.

27         5.  Excise taxes on documents under chapter 201.

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

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

30

31


                                  37

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






    CS for CS for SB 1566                          First Engrossed



  1         2.  Receive refunds from the account for the following

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

  3  agreement:

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

  5  chapter 212.

  6         b.  Intangible personal property taxes under chapter

  7  199.

  8         c.  Emergency excise taxes under chapter 221.

  9         d.  Excise taxes on documents under chapter 201.

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

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

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

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

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

15  office, which taxes are subsequently adjusted by the

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

17  qualified target industry business other than as provided in

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

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

20  target industry business shall notify and tender payment to

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

22  or exemption other than one provided in this section.

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

24  fraudulently claims a refund under this section:

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

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

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

28  General Revenue Fund.

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

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

31  775.084.


                                  38

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






    CS for CS for SB 1566                          First Engrossed



  1         (4)  APPLICATION AND APPROVAL PROCESS.--

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

  3  industry business under this section, the business must file

  4  an application with the office before the business has made

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

  6  the business had made the decision to expand an existing

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

  8  not limited to, the following information:

  9         1.  The applicant's federal employer identification

10  number and the applicant's state sales tax registration

11  number.

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

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

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

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

16  for all activities included in the project.

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

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

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

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

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

22  for each type of business activity or product.

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

24  employed by the applicant in this state.

25         6.  The anticipated commencement date of the project.

26         7.  The amount of:

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

28  under chapter 212;

29         b.  Corporate income taxes paid under chapter 220;

30         c.  Intangible personal property taxes paid under

31  chapter 199;


                                  39

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






    CS for CS for SB 1566                          First Engrossed



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

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

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

  4  in each fiscal year.

  5         7.9.  A brief statement concerning the role that the

  6  tax refunds requested will play in the decision of the

  7  applicant to locate or expand in this state.

  8         8.10.  An estimate of the proportion of the sales

  9  resulting from the project that will be made outside this

10  state.

11         9.11.  A resolution adopted by the governing board of

12  the county or municipality in which the project will be

13  located, which resolution recommends that certain types of

14  businesses be approved as a qualified target industry business

15  and states that the commitments of local financial support

16  necessary for the target industry business exist. In advance

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

18  an official letter from an authorized local economic

19  development agency that endorses the proposed target industry

20  project and pledges that sources of local financial support

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

22  local financial support under this subsection, the authorized

23  local economic development agency shall be officially

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

25  local governing authority.  Before adoption of the resolution,

26  the governing board may review the proposed public or private

27  sources of such support and determine whether the proposed

28  sources of local financial support can be provided.

29         10.12.  Any additional information requested by the

30  office.

31


                                  40

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






    CS for CS for SB 1566                          First Engrossed



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

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

  3  establish the following to the satisfaction of the office:

  4         1.  The jobs proposed to be provided under the

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

  6  estimated annual average wage equaling at least 115 percent of

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

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

  9  The office may waive this average wage requirement at the

10  request of the local governing body recommending the project

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

12  waived for a project located in a brownfield area designated

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

14  enterprise zone and only when the merits of the individual

15  project or the specific circumstances in the community in

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

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

18  recommendation, it must be transmitted in writing and the

19  specific justification for the waiver recommendation must be

20  explained.  If the director elects to waive the wage

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

22  reasons for granting the waiver must be explained.

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

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

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

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

27  business. Notwithstanding the definition of the term

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

29  the request of the local governing body recommending the

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

31  "expansion of an existing business" in a rural community or an


                                  41

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






    CS for CS for SB 1566                          First Engrossed



  1  enterprise zone as the expansion of a business resulting in a

  2  net increase in employment of less than 10 percent at such

  3  business if the merits of the individual project or the

  4  specific circumstances in the community in relationship to the

  5  project warrant such action. If the local governing body and

  6  Enterprise Florida, Inc., make such a request, it must be

  7  transmitted in writing and the specific justification for the

  8  request must be explained. If the director elects to grant

  9  such request, such election must be stated in writing and the

10  reason for granting the request must be explained.

11         3.  The business activity or product for the

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

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

14  industries that contribute to the area and to the economic

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

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

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

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

19  requests to waive the wage requirement for brownfield areas

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

21  action is not in the public interest.

22         (c)  Each application meeting the requirements of

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

24  determination of eligibility. The office shall review and

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

26  following criteria:

27         1.  Expected contributions to the state strategic

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

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

30  of the applicant on the state economy.

31


                                  42

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






    CS for CS for SB 1566                          First Engrossed



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

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

  3  average wage of each job created.

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

  5  applicant in this state.

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

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

  8  taking into account the unemployment rate for the county where

  9  the project will be located.

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

11  this section on the viability of the project and the

12  probability that the project will be undertaken in this state

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

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

15  economic growth and employment in this state.

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

17  resulting from the project.

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

19  state or other states, including whether such business has

20  been subjected to criminal or civil fines and penalties.

21  Nothing in this subparagraph shall require the disclosure of

22  confidential information.

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

24  evaluation concerning each application meeting the

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

26  calendar days after receipt of a complete application. The

27  office shall notify each target industry business when its

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

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

30  office shall specifically address each of the factors

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


                                  43

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






    CS for CS for SB 1566                          First Engrossed



  1  assessment with respect to the minimum requirements

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

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

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

  5  the information submitted in the application.

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

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

  8  certification enter a final order that either approves or

  9  disapproves the application of the target industry business.

10  The decision must be in writing and must provide the

11  justifications for approval or disapproval.

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

13  written agreement with the qualified target industry business

14  pursuant to subsection (5).

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

16  that certifies any target industry business as a qualified

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

18  included in that letter of certification final order exceeds

19  the available amount of authority to certify new businesses

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

21  the commitments of local financial support represent less than

22  20 percent of the eligible tax refund payments, or to

23  otherwise preserve the viability and fiscal integrity of the

24  program, the director may certify a qualified target industry

25  business to receive tax refund payments of less than the

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

27  certification final order that approves an application must

28  specify the maximum amount of tax refund that will be

29  available to the qualified industry business in each fiscal

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

31  available to the business for all fiscal years.


                                  44

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






    CS for CS for SB 1566                          First Engrossed



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

  2  that an applicant will receive any tax refunds under this

  3  section. However, the office may issue nonbinding opinion

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

  5  applicants' eligibility and the potential amount of refunds.

  6         (5)  TAX REFUND AGREEMENT.--

  7         (a)  Each qualified target industry business must enter

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

  9  minimum:

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

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

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

13  measuring the achievement of these terms during the pendency

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

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

16  information must be the same as the information contained in

17  the application submitted by the business under subsection

18  (4).

19         2.  The maximum amount of tax refunds which the

20  qualified target industry business is eligible to receive on

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

22  qualified target industry business is eligible to receive in

23  each fiscal year.

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

25  and personnel records of the qualified target industry

26  business to ascertain whether that business is in compliance

27  with this section.

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

29  qualified target industry business may file an annual claim

30  under subsection (6).

31


                                  45

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






    CS for CS for SB 1566                          First Engrossed



  1         5.  That local financial support will be annually

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

  3  not enter into a written agreement with a qualified target

  4  industry business if the local financial support resolution is

  5  not passed by the local governing authority within 90 days

  6  after he has issued the letter of certification under

  7  subsection (4).

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

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

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

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

12  eligibility for receipt of all tax refunds previously

13  authorized under this section and the revocation by the

14  director of the certification of the business entity as a

15  qualified target industry business.

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

17  by an authorized officer of the qualified target industry

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

19  of certification entry of a final order certifying the

20  business entity as a qualified target industry business under

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

22  resolution of local financial support.

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

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

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

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

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

28  refunds are conditioned on and subject to specific annual

29  appropriations by the Florida Legislature of moneys sufficient

30  to pay amounts authorized in section 288.106, Florida

31  Statutes."


                                  46

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






    CS for CS for SB 1566                          First Engrossed



  1         (6)  ANNUAL CLAIM FOR REFUND.--

  2         (a)  A qualified target industry business that has

  3  entered into a tax refund agreement with the office under

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

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

  6  date specified in that agreement.

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

  8  industry business must include a copy of all receipts

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

10  sought and data related to achievement of each performance

11  item specified in the tax refund agreement. The amount

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

13  for that fiscal year in that agreement.

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

15  target industry business unless the required local financial

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

17  the local financial support provided is less than 20 percent

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

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

20  5 times the amount of the local financial support received.

21  Further, funding from local sources includes any tax abatement

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

23  market value of municipal or county land conveyed or provided

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

25  refund for such business approved under this section must be

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

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

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

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

30  listing all sources of the local financial support shall be

31


                                  47

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






    CS for CS for SB 1566                          First Engrossed



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

  2  account.

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

  4  shall be approved for a qualified target industry business

  5  provided all other applicable requirements have been satisfied

  6  and the business proves to the satisfaction of the director

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

  8  employment.

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

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

11  Department of Labor and Employment Security, shall specify by

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

13  authorized for the qualified target industry business for the

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

15  the annual tax refund is received by the office.

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

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

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

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

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

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

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

23  to the qualified target industry business until the conclusion

24  of all appeals of that order.

25         (7)  ADMINISTRATION.--

26         (a)  The office is authorized to verify information

27  provided in any claim submitted for tax credits under this

28  section with regard to employment and wage levels or the

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

30  including the Department of Revenue, the Department of Labor

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


                                  48

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






    CS for CS for SB 1566                          First Engrossed



  1         (b)  To facilitate the process of monitoring and

  2  auditing applications made under this program, the office may

  3  provide a list of qualified target industry businesses to the

  4  Department of Revenue, to the Department of Labor and

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

  6  The office may request the assistance of those entities with

  7  respect to monitoring the payment of the taxes listed in

  8  subsection (3).

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

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

11  section 288.816, Florida Statutes, are redesignated as

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

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

14         288.816  Intergovernmental relations.--

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

16  a sister city grants program to provide support and financial

17  assistance to those municipalities and counties in this state

18  which develop international affiliations with foreign

19  governments, or political subdivisions thereof, important to

20  the diplomatic, cultural, historic, and economic development

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

22  accept and administer moneys appropriated to it for providing

23  grants to municipalities and counties that have registered

24  sister city affiliations with the department under subsection

25  (3).

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

27  sister city affiliation with the department under subsection

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

29  under its sister city affiliation which benefit the

30  international relations of this state through the interchange

31


                                  49

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






    CS for CS for SB 1566                          First Engrossed



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

  2  or a political subdivision thereof, and this state.

  3         (c)  The Office of International Affairs within the

  4  Department of State shall review each application that is

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

  6  Secretary of State for approval lists of all applications that

  7  are recommended by the Office of International Affairs for the

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

  9  recommending applications, the Office of International Affairs

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

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

12  the use of sister city affiliations to enhance tourism,

13  international trade, and economic development in this state.

14  The Office of International Affairs may allocate grants only

15  for sister city affiliations that are approved or for which

16  funds are appropriated by the Legislature. Projects approved

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

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

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

20  shall be required to submit such information as may be

21  required by the department as of the established deadline date

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

23  most current status of the project.

24         (d)  The Department of State shall adopt rules

25  prescribing the criteria to be applied by the Office of

26  International Affairs in recommending applications for the

27  award of grants and rules providing for the administration of

28  the other provisions of this subsection. When adopting these

29  criteria, preference shall be given to a municipality or

30  county that has a sister city affiliation with a foreign

31  government, or a political subdivision thereof, within a


                                  50

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






    CS for CS for SB 1566                          First Engrossed



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

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

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

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

  5  Development or Enterprise Florida, Inc., has otherwise

  6  identified as being strategically important to the state's

  7  trade and reverse investment goals.

  8         Section 6.  Section 288.901, Florida Statutes, is

  9  amended to read:

10         288.901  Enterprise Florida, Inc.; creation;

11  membership; organization; meetings; disclosure.--

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

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

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

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

16  entity of state government. The Legislature determines,

17  however, that public policy dictates that Enterprise Florida,

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

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

20  Legislature specifically declares that Enterprise Florida,

21  Inc., and its boards and advisory committees or similar groups

22  created by Enterprise Florida, Inc., are subject to the

23  provisions of chapter 119, relating to public records and

24  those provisions of chapter 286 relating to public meetings

25  and records.

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

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

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

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

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

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


                                  51

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






    CS for CS for SB 1566                          First Engrossed



  1  located in Leon County. All available resources, including

  2  telecommuting, must be employed to minimize the negative

  3  impact on the Leon County economy caused by job losses

  4  associated with the privatization of the Department of

  5  Commerce. The Department of Management Services may establish

  6  a lease agreement program under which Enterprise Florida,

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

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

  9  1, 1997, is employed by the Executive Office of the Governor

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

11  Employment Security or the Department of Children and Family

12  Services and has responsibilities specifically in support of

13  the Workforce Development Board established under s. 288.9620.

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

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

16  supervision of Enterprise Florida, Inc. Retention of state

17  employee status shall include the right to participate in the

18  Florida Retirement System. The Department of Management

19  Services shall establish the terms and conditions of such

20  lease agreements.

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

22  board of directors.  The board of directors shall consist of

23  the following members:

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

25         (b)  The Commissioner of Education or the

26  commissioner's designee.

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

28  the secretary's designee.

29         (d)  A member of the Senate, who shall be appointed by

30  the President of the Senate as an ex officio member of the

31  board and serve at the pleasure of the President.


                                  52

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






    CS for CS for SB 1566                          First Engrossed



  1         (e)  A member of the House of Representatives, who

  2  shall be appointed by the Speaker of the House of

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

  4  at the pleasure of the Speaker.

  5         (f)  The chairperson of the board for international

  6  trade and economic development.

  7         (g)  The chairperson of the board for capital

  8  development.

  9         (h)  The chairperson of the board for technology

10  development.

11         (f)(i)  The chairperson of the board of directors of

12  the Workforce Development Board for workforce development.

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

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

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

16  shall be appointed by the Speaker of the House of

17  Representatives.  All appointees are subject to Senate

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

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

20  Representatives shall ensure that the composition of the board

21  is reflective of the diversity of Florida's business

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

23  but not be limited to, individuals representing large

24  companies, small companies, minority companies, and

25  individuals representing municipal, county, or regional

26  economic development organizations. Of the 12 members from the

27  private sector, 7 must have significant experience in

28  international business, with expertise in the areas of

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

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

31  Representatives shall also consider whether the current board


                                  53

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






    CS for CS for SB 1566                          First Engrossed



  1  members, together with potential appointees, reflect the

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

  3  geographic distribution, of the population of the state.

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

  5  designee.

  6         (4)(a)  Vacancies on the board shall be filled by

  7  appointment by the Governor, the President of the Senate, or

  8  the Speaker of the House of Representatives, respectively,

  9  depending on who appointed the member whose vacancy is to be

10  filled or whose term has expired. Members appointed to the

11  board before July 1, 1996, shall serve the remainder of their

12  unexpired terms. Vacancies occurring after July 1, 1996, as a

13  result of the annual expiration of terms, shall be filled  in

14  the following manner and sequence.

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

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

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

18  shall appoint one member.

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

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

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

22  shall appoint one member.

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

24  Senate shall appoint one member and the Governor shall appoint

25  two members.

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

27  House of Representatives shall appoint one member and the

28  Governor shall appoint two members.

29

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

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


                                  54

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






    CS for CS for SB 1566                          First Engrossed



  1  House of Representatives, respectively, depending on who

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

  3  term has expired.

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

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

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

  7  eligible for reappointment.

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

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

10  community development corporation meeting the requirements of

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

12  international business community.  Of the three members

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

14  House of Representatives, respectively, one each shall be

15  representative of the international business community, and

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

17  development council.

18         (5)  A vacancy on the board of directors shall be

19  filled for the remainder of the unexpired term.

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

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

22  submitted by the Enterprise Florida Nominating Council.

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

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

25  Representatives from a list of nominees submitted by the

26  remaining appointive members of the board of directors. The

27  board of directors shall take into consideration the current

28  membership of the board and shall select nominees who are

29  reflective of the diverse nature of Florida's business

30  community, including, but not limited to, individuals

31  representing large companies, small companies, minority


                                  55

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






    CS for CS for SB 1566                          First Engrossed



  1  companies, companies engaged in international business

  2  efforts, companies engaged in domestic business efforts, and

  3  individuals representing municipal, county, or regional

  4  economic development organizations. The board shall also

  5  consider whether the current board members, together with

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

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

  8  population of the state.

  9         (6)(7)  Appointive members may be removed by the

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

11  House of Representatives, respectively, for cause. Absence

12  from three consecutive meetings results in automatic removal.

13         (7)(8)  The Governor shall serve as chairperson of the

14  board of directors.  The board of directors shall biennially

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

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

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

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

19  board of directors, and the official seal of Enterprise

20  Florida, Inc.

21         (8)(9)  The board of directors shall meet at least four

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

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

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

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

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

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

28  quorum is present.

29         (9)(10)  Members of the board of directors shall serve

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

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


                                  56

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






    CS for CS for SB 1566                          First Engrossed



  1  expenses, as determined by the board of directors of

  2  Enterprise Florida, Inc.

  3         (10)(11)  Each member of the board of directors of

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

  5  1992, and who is not otherwise required to file financial

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

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

  8  pursuant to s. 112.3145.

  9         (11)(12)  Notwithstanding the provisions of subsection

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

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

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

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

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

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

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

17  vacancies occurring among private-sector private sector

18  appointees under subsection (3).

19         Section 7.  Section 288.9015, Florida Statutes, is

20  amended to read:

21         288.9015  Enterprise Florida, Inc.; purpose; duties.--

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

23  economic development organization for the state.  It shall be

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

25  leadership for business development in Florida by aggressively

26  establishing a unified approach to Florida's efforts of

27  international trade and reverse investment; by aggressively

28  marketing the state as a probusiness location for potential

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

30  retention, and expansion of existing businesses and the

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


                                  57

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






    CS for CS for SB 1566                          First Engrossed



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

  2  programs or strategies that address the creation, expansion,

  3  and retention of Florida business; the development of import

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

  5         (2)  It shall be the responsibility of Enterprise

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

  7  communities and distressed urban communities as locations for

  8  potential new investment, to aggressively assist in the

  9  retention and expansion of existing businesses in these

10  communities, and to aggressively assist these communities in

11  the identification and development of new economic development

12  opportunities for job creation promote and strengthen the

13  creation and growth of small and minority businesses and to

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

15  economic development.

16         (3)  It shall be the responsibility of Enterprise

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

18  develop a comprehensive approach to workforce development that

19  will result in better employment opportunities for the

20  residents of this state. Such comprehensive approach must

21  include:

22         (a)  Creating and maintaining a highly skilled

23  workforce that is capable of responding to rapidly changing

24  technology and diversified market opportunities.

25         (b)  Training, educating, and assisting target

26  populations, such as those who are economically disadvantaged

27  or who participate in the WAGES Program or otherwise receive

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

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

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

31  the need for public assistance.


                                  58

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






    CS for CS for SB 1566                          First Engrossed



  1         (4)  It shall be the responsibility of Enterprise

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

  3  economic development competitiveness as measured against other

  4  business locations, to identify and regularly reevaluate

  5  Florida's economic development strengths and weaknesses, and

  6  to incorporate such information into the strategic planning

  7  process under s. 288.904.

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

  9  needs of small and minority businesses into the

10  economic-development, international-trade and

11  reverse-investment, and workforce-development responsibilities

12  assigned to the organization by this section.

13         (6)(4)  Enterprise Florida, Inc., shall not endorse any

14  candidate for any elected public office, nor shall it

15  contribute moneys to the campaign of any such candidate.

16         (7)(5)  As part of its business development and

17  marketing responsibilities, Enterprise Florida, Inc., shall

18  prepare a business guide and checklist that contains basic

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

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

21  checklist must describe how additional information can be

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

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

24  of appropriate government agency representatives. The guide

25  and checklist must also contain information useful to persons

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

27  but not limited to, information on business structure,

28  financing, and planning.

29         Section 8.  Section 288.90151, Florida Statutes, is

30  amended to read:

31         (Substantial rewording of section. See


                                  59

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






    CS for CS for SB 1566                          First Engrossed



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

  2         288.90151  Return on Investment from Activities of

  3  Enterprise Florida, Inc.--

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

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

  6  public-private partnership to enhance international trade and

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

  8  create new employment opportunities for Floridians, and to

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

10  Legislature's priority consideration when reviewing the

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

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

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

14  economic-development organizations to maximize the state and

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

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

17  maximize private-sector support in operating Enterprise

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

19  enhancement of its efforts.

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

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

22  Tourism, Trade, and Economic Development to Enterprise

23  Florida, Inc., less funding that is directed by the

24  Legislature to be subcontracted to a specific recipient.

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

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

27  budget for the organization that specifies the intended uses

28  of the state's operating investment and a plan for securing

29  private sector support to Enterprise Florida, Inc. Each fiscal

30  year private sector support to Enterprise Florida, Inc., shall

31  equal no less than 100 percent of the state's operating


                                  60

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






    CS for CS for SB 1566                          First Engrossed



  1  investment, including at least $1 million in cash as defined

  2  in subsection (5)(a), and an additional $1 million in cash as

  3  defined in subsection (5)(a), (b), and (c).

  4         (5)  Private-sector support in operating Enterprise

  5  Florida, Inc., includes:

  6         (a)  Cash given directly to Enterprise Florida, Inc.,

  7  for its operating budget;

  8         (b)  Cash jointly raised by Enterprise Florida, Inc.,

  9  and a local economic development organization, a group of such

10  organizations or a statewide business organization that

11  supports collaborative projects;

12         (c)  Cash generated by products or services of

13  Enterprise Florida, Inc.; and

14         (d)  In-kind contributions directly to Enterprise

15  Florida, Inc., including: business expenditures; business

16  services provided; business support; or other business

17  contributions that augment the operations, program,

18  activities, or assets of Enterprise Florida, Inc., including,

19  but not limited to:  an individual's time and expertise;

20  sponsored publications; private-sector staff services; payment

21  for advertising placements; sponsorship of events; sponsored

22  or joint research; discounts on leases or purchases; mission

23  or program sponsorship; and co-payments, stock, warrants,

24  royalties, or other private resources dedicated to Enterprise

25  Florida, Inc.

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

27  the performance measures, standards, and sanctions in its

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

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

30  Office of Tourism, Trade, and Economic Development shall

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


                                  61

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






    CS for CS for SB 1566                          First Engrossed



  1  performance measures are consistent with performance measures

  2  that the office is required to develop and track under

  3  performance-based program budgeting.

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

  5  288.906, Enterprise Florida, Inc., shall provide the

  6  Legislature with information quantifying the public's

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

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

  9  report shall also include the results of a

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

11  the lead economic development staff person of each local

12  economic development organization that employs a full-time or

13  part-time staff person.

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

15  Office of Program Policy Analysis and Government

16  Accountability, shall hire a private accounting firm to

17  develop the methodology for establishing and reporting

18  return-on-investment and in-kind contributions as described in

19  this section and to develop, analyze, and report on the

20  results of the customer-satisfaction survey.  The Office of

21  Program Policy Analysis and Government Accountability shall

22  review and offer feedback on the methodology before it is

23  implemented.  The private accounting firm shall certify

24  whether the applicable statements in the annual report comply

25  with this subsection.

26         Section 9.  Section 288.903, Florida Statutes, is

27  amended to read:

28         288.903  Board of directors of Enterprise Florida,

29  Inc.; president; employees.--

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

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


                                  62

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






    CS for CS for SB 1566                          First Engrossed



  1  pleasure of the board of directors. The board of directors

  2  shall establish and adjust the compensation of the president.

  3  The president is the chief administrative and operational

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

  5  Inc., and shall direct and supervise the administrative

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

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

  8  to its president those powers and responsibilities it deems

  9  appropriate, except for the appointment of a president.

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

11  committee consisting of the chairperson or a designee, the

12  vice chairperson, chair and as many additional members of the

13  board of directors as the board deems appropriate, except that

14  such committee must have a minimum of five members. One member

15  of the executive committee shall be selected by each of the

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

17  Speaker of the House of Representatives. Remaining members of

18  the executive committee shall be selected by the board of

19  directors. The executive committee shall have such authority

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

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

22  president or the authority to establish or adjust the

23  compensation paid to the president.

24         (3)  The president:

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

26  experts and such other employees, both permanent and

27  temporary, as authorized by the board of directors.

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

29  board established within the Enterprise Florida, Inc.,

30  corporate structure and shall coordinate the activities of any

31  such boards.


                                  63

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






    CS for CS for SB 1566                          First Engrossed



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

  2  directors.

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

  4  other records and documents of the board of directors and

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

  6  dealing with the board of directors may rely upon such

  7  certifications.

  8         (e)  Shall be responsible for coordinating and

  9  advocating the interests of rural, minority, and small

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

11  all its economic development efforts.

12         (f)  Shall administer the finances of Enterprise

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

14  accountability and the prudent use of public and private

15  funds.

16         (g)  Shall be the chief spokesperson for Enterprise

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

18  state.

19         (h)  Shall coordinate all activities and

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

21  participants in the WAGES Program.

22         (i)  Shall supervise and coordinate the collection,

23  research, and analysis of information for Enterprise Florida,

24  Inc., and its boards.

25         (3)(4)  The board of directors of Enterprise Florida,

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

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

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

29  bylaws, or contractual requirements. No employee of Enterprise

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

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


                                  64

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






    CS for CS for SB 1566                          First Engrossed



  1  directors and the employee have executed a contract that

  2  prescribes specific, measurable performance outcomes for the

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

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

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

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

  7  Statutes, is amended to read:

  8         288.904  Powers of the board of directors of Enterprise

  9  Florida, Inc.--

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

11  Inc., shall have the power to:

12         (a)  Secure funding for programs and activities of

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

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

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

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

17  property and make expenditures consistent with the powers

18  granted to it.

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

20  instruments necessary or convenient for the exercise of its

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

22  organization represented on the nominating council or on the

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

24  the entire board of directors, and the board member

25  representing such organization shall abstain from voting. No

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

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

28  grant programs, shall be made with an organization represented

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

30  organization represented on the board or on the nominating

31  council may not enter into a contract to receive a


                                  65

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






    CS for CS for SB 1566                          First Engrossed



  1  state-funded economic development incentive or similar grant,

  2  unless such incentive award is specifically endorsed by a

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

  4  representing such organization, if applicable, shall abstain

  5  from voting and refrain from discussing the issue with other

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

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

  8  to businesses associated with board members.

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

10  with a person or organization under which such person or

11  organization agrees to perform economic-development services

12  or similar business-assistance services on behalf of

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

14  include provisions requiring that such person or organization

15  report on performance, account for proper use of funds

16  provided under the contract, coordinate with other components

17  of state and local economic development systems, and avoid

18  duplication of existing state and local services and

19  activities.

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

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

22  extent as a natural person.

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

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

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

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

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

28  affairs require and allow them reasonable compensation.

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

30  with the powers granted to it or the articles of

31  incorporation, for the administration of the affairs of


                                  66

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






    CS for CS for SB 1566                          First Engrossed



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

  2  powers.

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

  4  copyrights, and trademarks and any licenses, royalties, and

  5  other rights or interests thereunder or therein.

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

  7  carry out the powers granted to it.

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

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

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

11  development organization for the state, and for other standard

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

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

14  section.

15         (j)  Carry forward any unexpended state appropriations

16  into succeeding fiscal years.

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

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

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

20  necessary or desirable.

21         (l)  Create and dissolve advisory committees, working

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

23  carry out the mission of Enterprise Florida, Inc. By August 1,

24  1999, Enterprise Florida, Inc., shall establish an advisory

25  committee on international business issues, and an advisory

26  committee on small business issues. These committees shall be

27  comprised of individuals representing the private sector and

28  the public sector with expertise in the respective subject

29  areas. The purpose of the committees shall be to guide and

30  advise Enterprise Florida, Inc., on the development and

31  implementation of policies, strategies, programs, and


                                  67

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






    CS for CS for SB 1566                          First Engrossed



  1  activities affecting international business and small

  2  business. The advisory committee on international business and

  3  the advisory committee on small business shall meet at the

  4  call of the chairman or vice chairman of the board of

  5  directors of Enterprise Florida, Inc., but shall meet at least

  6  quarterly. Meetings of the advisory committee on international

  7  business and the advisory committee on small business may be

  8  held telephonically; however, meetings of the committees that

  9  are held in person shall be rotated at different locations

10  around the state to ensure participation of local and regional

11  economic development practitioners and other members of the

12  public. Members of advisory committees, working groups, task

13  forces, or similar organizations created by Enterprise

14  Florida, Inc., shall serve without compensation, but may be

15  reimbursed for reasonable, necessary, and actual expenses, as

16  determined by the board of directors of Enterprise Florida,

17  Inc.

18         Section 11.  Section 288.905, Florida Statutes, is

19  amended to read:

20         288.905  Duties of the board of directors of Enterprise

21  Florida, Inc.--

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

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

24  manage policies, strategies, and programs for Enterprise

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

26  programs shall promote business formation, expansion,

27  recruitment, and retention through aggressive marketing;

28  international development and export assistance; and workforce

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

30  higher wages for all geographic regions and communities of the

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


                                  68

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






    CS for CS for SB 1566                          First Engrossed



  1  residents, including minorities. In developing such policies,

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

  3  advice from and consider the recommendations of its boards,

  4  any advisory committees or similar groups created by

  5  Enterprise Florida, Inc., and local and regional partners.

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

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

  8  Office of Urban Opportunities, and local and regional economic

  9  development partners, develop a strategic plan for economic

10  development for the State of Florida.  Such plan shall be

11  submitted to the Governor, the President of the Senate, the

12  Speaker of the House of Representatives, the Senate Minority

13  Leader, and the House Minority Leader by January 1, 1997, and

14  shall be updated or modified before January 1 of each year,

15  1998, and annually thereafter.  The plan must be approved by

16  the board of directors prior to submission to the Governor and

17  Legislature.  The plan shall include, but is not limited to:

18         (3)(a)  The strategic plan required under this section

19  shall include, but is not limited to, strategies for the

20  promotion of business formation, expansion, recruitment, and

21  retention through aggressive marketing, international

22  development and export assistance, and workforce development

23  programs which lead to more and better jobs and higher wages

24  for all geographic regions and disadvantaged communities and

25  populations of the state, including rural areas, minority

26  businesses, and urban core areas. Further, the strategic plan

27  shall give consideration to the economic diversity of the

28  state and its regions and their associated industrial clusters

29  and develop realistic policies and programs to further their

30  development.

31


                                  69

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






    CS for CS for SB 1566                          First Engrossed



  1         (a)  Allocation of public and private resources to

  2  specific activities that will return the greatest benefit to

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

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

  5  plan.

  6         (b)  Identification of programs that will enhance the

  7  capabilities of small and minority businesses.  The plan

  8  should include ways to improve and increase the access to

  9  information, services, and assistance for small and minority

10  businesses.

11         (b)(c)1.  The strategic plan required under this

12  section shall include specific Specific provisions for the

13  stimulation of economic development and job creation in rural

14  areas and midsize cities and counties of the state. These

15  provisions shall include, but are not limited to, the

16  identification of all rural counties in the state and rural

17  cities located in nonrural counties; the identification of all

18  midsize cities and counties in the state; the identification

19  of the economic development and job creation goals of the

20  rural cities and counties and midsize cities; the

21  identification of rural areas of critical concern; the

22  identification of specific local, state, and federal financial

23  and technical assistance resources available to rural cities

24  and counties and midsize cities and counties for economic and

25  community development; the identification of private sector

26  resources available to rural cities and counties and midsize

27  cities and counties for economic and community development;

28  and specific methods for the use of the resources identified

29  in the plan to meet the goals identified in the plan.

30         2.  Enterprise Florida, Inc., shall involve the local

31  governments, local and regional economic development


                                  70

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






    CS for CS for SB 1566                          First Engrossed



  1  organizations, and of the cities and counties identified

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

  3  state, and federal economic, international, and workforce

  4  rural development entities, both public and private, in

  5  developing and carrying out policies, strategies, and

  6  programs, seeking to partner and collaborate to produce

  7  enhanced public benefit at a lesser cost any provisions.

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

  9  economic development and job creation in small businesses and

10  minority businesses. These provisions shall include, but are

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

12  local financial and technical resources available for small

13  businesses and minority businesses; and specific methods for

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

15  goal of job creation in small businesses and minority

16  businesses in the state.

17         3.2.  Enterprise Florida, Inc., shall involve rural,

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

19  federal small business and minority business development

20  agencies and organizations, both public and private, in

21  developing and carrying out policies, strategies, and programs

22  any provisions.

23         (c)(e)  The strategic plan required under this section

24  shall include the creation Creation of workforce training

25  programs that lead to better employment opportunities and

26  higher wages.

27         (f)  Promotion of business formation, expansion,

28  recruitment, and retention, including programs that enhance

29  access to appropriate forms of financing for businesses in

30  this state.

31


                                  71

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






    CS for CS for SB 1566                          First Engrossed



  1         (d)(g)  The strategic plan required under this section

  2  shall include the promotion Promotion of the successful

  3  long-term economic development of the state with increased

  4  emphasis in market research and information to local economic

  5  development entities and generation of foreign investment in

  6  the state that creates jobs with above-average wages,

  7  internationalization of this state, with strong emphasis in

  8  reverse investment that creates high wage jobs for the state

  9  and its many regions, including programs that establish viable

10  overseas markets, generate foreign investment, assist in

11  meeting the financing requirements of export-ready firms,

12  broaden opportunities for international joint venture

13  relationships, use the resources of academic and other

14  institutions, coordinate trade assistance and facilitation

15  services, and facilitate availability of and access to

16  education and training programs which will assure requisite

17  skills and competencies necessary to compete successfully in

18  the global marketplace.

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

20  other value-added industries and jobs.

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

22  communities that have unacceptable levels of unemployment and

23  economic disinvestment, with the ultimate goal of creating

24  jobs for the residents of such communities.

25         (e)(j)  Identifying business sectors that are of

26  current or future importance to the state's economy and to the

27  state's worldwide business image, and developing specific

28  strategies to promote the development of such sectors.

29         (4)(a)(3)(a)  The strategic plan shall also include

30  recommendations regarding specific performance standards and

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


                                  72

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






    CS for CS for SB 1566                          First Engrossed



  1  Inc., in consultation with the Office of Tourism, Trade, and

  2  Economic Development and the Office of Program Policy Analysis

  3  and Government Accountability, shall establish

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

  5  its boards and advisory committees. Enterprise Florida, Inc.,

  6  in consultation with the Office of Tourism, Trade, and

  7  Economic Development and the Office of Program Policy Analysis

  8  and Government Accountability, shall develop a plan for

  9  monitoring its operations to ensure that performance data are

10  maintained and supported by records of the organization. On a

11  biennial basis, By July 1, 1998, and biennially thereafter,

12  Enterprise Florida, Inc., in consultation with the Office of

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

14  Program Policy Analysis and Government Accountability, shall

15  review the performance-measure outcomes for Enterprise

16  Florida, Inc., and its boards, and make any appropriate

17  modifications to them. In developing measurable objectives and

18  performance outcomes, Enterprise Florida, Inc., shall consider

19  the effect of its programs, activities, and services on its

20  client population. Enterprise Florida, Inc., shall establish

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

22  number and strength of businesses within targeted sectors,

23  client satisfaction, including the satisfaction of its local

24  and regional economic development partners, venture capital

25  dollars invested in small and minority businesses, businesses

26  retained and recruited statewide and within rural and urban

27  core communities, employer wage growth, minority business

28  participation in technology assistance and development

29  programs, and increased export sales among client companies to

30  use in evaluating performance toward accomplishing the mission

31  of Enterprise Florida, Inc.


                                  73

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






    CS for CS for SB 1566                          First Engrossed



  1         (b)  The performance standards and measurable outcomes

  2  established and regularly reviewed by Enterprise Florida,

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

  4  goals to measure the impact of state economic development

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

  6  but are not limited to:

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

  8  to neighboring southern states and the United States as a

  9  whole.

10         2.  Unemployment rate in this state compared to

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

12         3.  Wage distribution based on the percentage of people

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

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

15  percent or more above the state average.

16         4.  Annual percentage of growth in the production of

17  goods and services within Florida compared to neighboring

18  southern states and the United States as a whole.

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

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

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

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

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

24  other countries.

25         8.  Capital investment for commercial and industrial

26  purposes, agricultural production and processing, and

27  international trade.

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

29  Legislature, the Office of Program Policy Analysis and

30  Government Accountability shall conduct a review of Enterprise

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


                                  74

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






    CS for CS for SB 1566                          First Engrossed



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

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

  3  and the House Minority Leader. The review shall be

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

  5  conducted in such a manner as to specifically determine:

  6         1.  The progress towards achieving the established

  7  outcomes.

  8         2.  The circumstances contributing to the

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

10  established outcomes.

11         3.  The progress towards achieving the established

12  goals of the Cypress Equity Fund and whether the strategy

13  underlying the fund is appropriate.

14         3.4.  Whether it would be sound public policy to

15  continue or discontinue funding the organization, and the

16  consequences of discontinuing the organization.  The report

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

18  Senate, the Speaker of the House of Representatives, the

19  Senate Minority Leader, and the House Minority Leader.

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

21  Legislature, the Office of Program Policy Analysis and

22  Government Accountability, shall conduct another review of

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

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

25  2003, to the President of the Senate, the Speaker of the House

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

27  Minority Leader.

28         (5)(4)  The board of directors shall coordinate and

29  collaborate the economic development activities and policies

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

31  regional economic development organizations, which shall be to


                                  75

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






    CS for CS for SB 1566                          First Engrossed



  1  establish and further develop the role of local economic

  2  development organizations as the state's primary

  3  service-delivery agents for the direct delivery of economic

  4  development and international development services. Where

  5  feasible, the board shall work with regional economic

  6  development organizations in the delivery of services of

  7  Enterprise Florida, Inc., and its boards.

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

  9  African-American-qualified public depositories and

10  Hispanic-American-qualified public depositories a portion of

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

12  boards from the state.

13         (6)  Any employee leased by Enterprise Florida, Inc.,

14  from the state, or any employee who derives his or her salary

15  from funds appropriated by the Legislature, may not receive a

16  pay raise or bonus in excess of a pay raise or bonus that is

17  received by similarly situated state employees.  However, this

18  subsection does not prohibit the payment of a pay raise or

19  bonus from funds received from sources other than the Florida

20  Legislature.

21         Section 12.  Section 288.906, Florida Statutes, is

22  amended to read:

23         288.906  Annual report of Enterprise Florida, Inc.;

24  audits; confidentiality.--

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

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

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

28  Senate Minority Leader, and the House Minority Leader a

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

30         (a)  A description of the operations and

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


                                  76

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






    CS for CS for SB 1566                          First Engrossed



  1  and advisory committees or similar groups created by

  2  Enterprise Florida, Inc., and an identification of any major

  3  trends, initiatives, or developments affecting the performance

  4  of any program or activity.

  5         (b)  An evaluation of progress towards achieving

  6  organizational goals and specific performance outcomes, both

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

  8         (c)  Methods for implementing and funding the

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

10         (d)  A description of the operations and

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

12  with respect to furthering the development and viability of

13  small and minority businesses, including any accomplishments

14  relating to capital access and technology and business

15  development programs.

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

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

18  with respect to aggressively marketing Florida's rural

19  communities and distressed urban communities as locations for

20  potential new investment and job creation, aggressively

21  assisting in the creation, retention, and expansion of

22  existing businesses and job growth in these communities, and

23  aggressively assisting these communities in the identification

24  and development of new economic-development opportunities

25  furthering the development and viability of rural cities and

26  counties, and midsize cities and counties in this state.

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

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

29  boards with respect to interaction with local and private

30  economic development organizations, including an

31  identification of any specific programs or activities which


                                  77

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






    CS for CS for SB 1566                          First Engrossed



  1  promoted the activities of such organizations and an

  2  identification of any specific programs or activities which

  3  promoted a comprehensive and coordinated approach to economic

  4  development in this state.

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

  6  creation that directly benefits participants in the WAGES

  7  Program.

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

  9  accounts and records by an independent certified public

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

11  in accordance with rules adopted by the Auditor General.

12

13  The detailed report required by this subsection shall also

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

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

16  corporate structure of Enterprise Florida, Inc.

17         (2)(a)  The Auditor General may, pursuant to his or her

18  own authority or at the direction of the Joint Legislative

19  Auditing Committee, conduct an audit of Enterprise Florida,

20  Inc., including any of its boards, advisory committees or

21  similar groups created by Enterprise Florida, Inc., and

22  programs.  The audit or report may not reveal the identity of

23  any person who has anonymously made a donation to Enterprise

24  Florida, Inc., pursuant to paragraph (b).

25         (b)  The identity of a donor or prospective donor to

26  Enterprise Florida, Inc., who desires to remain anonymous and

27  all information identifying such donor or prospective donor

28  are confidential and exempt from the provisions of s.

29  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

30  anonymity shall be maintained in the auditor's report.

31


                                  78

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






    CS for CS for SB 1566                          First Engrossed



  1         Section 13.  Subsection (3) of section 288.9415,

  2  Florida Statutes, is amended to read:

  3         288.9415  International Trade Grants.--

  4         (3)  The International Trade and Economic Development

  5  Board of Enterprise Florida, Inc., shall review each

  6  application for a grant to promote international trade and

  7  shall submit annually to the Office of Tourism, Trade, and

  8  Economic Development for approval lists of all recommended

  9  applications that are recommended by the International Trade

10  and Economic Development Board for the award of grants,

11  arranged in order of priority.  The Office of Tourism, Trade,

12  and Economic Development may allocate grants only for projects

13  that are approved or for which funds are appropriated by the

14  Legislature.  Projects approved and recommended by Enterprise

15  Florida, Inc., the International Trade and Economic

16  Development Board which are not funded by the Legislature

17  shall be retained on the project list for the following grant

18  cycle only.  All projects that are retained shall be required

19  to submit such information as may be required by the Office of

20  Tourism, Trade, and Economic Development as of the established

21  deadline date of the latest grant cycle in order to adequately

22  reflect the most current status of the project.

23         Section 14.  Section 288.9511, Florida Statutes, is

24  amended to read:

25         288.9511  Definitions.--As used in ss.

26  288.9511-288.9517, the term:

27         (1)  "Educational institutions" means Florida technical

28  institutes and vocational schools, and public and private

29  community colleges, colleges, and universities in the state.

30         (2)  "Enterprise" means a firm with its principal place

31  of business in this state which is engaged, or proposes to be


                                  79

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






    CS for CS for SB 1566                          First Engrossed



  1  engaged, in this state in agricultural industries,

  2  natural-resource-based or other manufacturing, research and

  3  development, or the provision of knowledge-based services.

  4         (3)  "Board" means the technology development board.

  5         (3)(4)  "Person" means any individual, partnership,

  6  corporation, or joint venture that carries on business, or

  7  proposes to carry on business, within the state.

  8         (4)(5)  "Product" means any product, device, technique,

  9  or process that is, or may be, developed or marketed

10  commercially; the term does not refer, however, to basic

11  research, but rather to products, devices, techniques, or

12  processes that have advanced beyond the theoretical stage and

13  are in a prototype or industry practice stage.

14         (5)(6)  "Qualified security" means a public or private

15  financial arrangement that involves any note, security,

16  debenture, evidence of indebtedness, certificate of interest

17  of participation in any profit-sharing agreement,

18  preorganization certificate or subscription, transferable

19  security, investment contract, certificate of deposit for a

20  security, certificate of interest or participation in a patent

21  or application thereof, or in royalty or other payments under

22  such a patent or application, or, in general, any interest or

23  instrument commonly known as a security or any certificate

24  for, receipt for, guarantee of, or option warrant or right to

25  subscribe to or purchase any of the foregoing to the extent

26  allowed by law.

27         (6)(7)  "Technology application" means the introduction

28  and adaptation of off-the-shelf technologies and

29  state-of-the-art management practices to the specific

30  circumstances of an individual firm.

31


                                  80

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






    CS for CS for SB 1566                          First Engrossed



  1         (7)(8)  "Technology commercialization" means the

  2  process of bringing an investment-grade technology out of an

  3  enterprise, university, or federal laboratory for first-run

  4  application in the marketplace.

  5         (8)(9)  "Technology development" means strategically

  6  focused research aimed at developing investment-grade

  7  technologies essential to market competitiveness.

  8         Section 15.  Section 288.9515, Florida Statutes, is

  9  amended to read:

10         288.9515  Authorized programs of technology development

11  programs board.--

12         (1)  Enterprise Florida, Inc., The board may create a

13  technology applications services service, and may to be called

14  the Florida Innovation Alliance. The Florida Innovation

15  Alliance shall serve as an umbrella organization for

16  technology applications service providers throughout the state

17  which provide critical, managerial, technological, scientific,

18  and related financial and business expertise essential for

19  international and domestic competitiveness to small-sized and

20  medium-sized manufacturing and knowledge-based service firms.

21  Enterprise Florida, Inc., The board is authorized the

22  following powers in order to carry out these the functions of

23  the Florida Innovation Alliance:

24         (a)  Providing communication and coordination services

25  among technology applications service providers throughout the

26  state.

27         (b)  Providing coordinated marketing services to

28  small-sized and medium-sized manufacturers in the state on

29  behalf of, and in partnership with, technology applications

30  service providers.

31


                                  81

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






    CS for CS for SB 1566                          First Engrossed



  1         (c)  Securing additional sources of funds on behalf of,

  2  and in partnership with, technology applications service

  3  providers.

  4         (d)  Developing plans and policies to assist

  5  small-sized and medium-sized manufacturing companies or other

  6  knowledge-based firms in Florida.

  7         (e)  Entering into contracts with technology

  8  applications service providers for expanded availability of

  9  high-quality assistance to small-sized and medium-sized

10  manufacturing companies or knowledge-based service firms,

11  including, but not limited to, technological, human resources

12  development, market planning, finance, and interfirm

13  collaboration.  Enterprise Florida, Inc., The board shall

14  ensure that all contracts in excess of $20,000 for the

15  delivery of such assistance to Florida firms shall be based on

16  competitive requests for proposals and.  The board shall

17  establish clear standards for the delivery of services under

18  such contracts.  Such standards include, but are not limited

19  to:

20         1.  The ability and capacity to deliver services in

21  sufficient quality and quantity.

22         2.  The ability and capacity to deliver services in a

23  timely manner.

24         3.  The ability and capacity to meet the needs of firms

25  in the proposed market area.

26         (f)  Assisting other educational institutions,

27  enterprises, or the entities providing business assistance to

28  small-sized and medium-sized manufacturing enterprises.

29         (g)  Establishing a system to evaluate the

30  effectiveness and efficiency of technology applications

31


                                  82

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






    CS for CS for SB 1566                          First Engrossed



  1  Florida Innovation Alliance services provided to small-sized

  2  and medium-sized enterprises.

  3         (h)  Establishing special education and informational

  4  programs for Florida enterprises and for educational

  5  institutions and enterprises providing business assistance to

  6  Florida enterprises.

  7         (i)  Evaluating and documenting the needs of firms in

  8  this state for technology application services, and developing

  9  means to ensure that these needs are met, consistent with the

10  powers provided for in this subsection.

11         (j)  Maintaining an office in such place or places as

12  the board recommends and the board of directors of Enterprise

13  Florida, Inc., approves.

14         (k)  Making and executing contracts with any person,

15  enterprise, educational institution, association, or any other

16  entity necessary or convenient for the performance of its

17  duties and the exercise of the board's powers and functions of

18  Enterprise Florida, Inc., under this subsection.

19         (l)  Receiving funds from any source to carry out the

20  purposes of providing technology applications services the

21  Florida Innovation Alliance, including, but not limited to,

22  gifts or grants from any department, agency, or

23  instrumentality of the United States or of the state, or any

24  enterprise or person, for any purpose consistent with the

25  provisions of this subsection the Florida Innovation Alliance.

26         (m)  Acquiring or selling, conveying, leasing,

27  exchanging, transferring, or otherwise disposing of the

28  alliance's property or interest therein.

29         (2)  When choosing contractors under this section,

30  preference shall be given to existing institutions,

31  organizations, and enterprises so long as these existing


                                  83

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






    CS for CS for SB 1566                          First Engrossed



  1  institutions, organizations, and enterprises demonstrate the

  2  ability to perform at standards established by Enterprise

  3  Florida, Inc., the board under paragraph (1)(e). Neither the

  4  provisions of ss. 288.9511-288.9517 nor the actions taken by

  5  Enterprise Florida, Inc., under this section of the alliance

  6  shall impair or hinder the operations, performance, or

  7  resources of any existing institution, organization, or

  8  enterprise.

  9         (3)  Enterprise Florida, Inc., The board may create a

10  technology development financing fund, to be called the

11  Florida Technology Research Investment Fund. The fund shall

12  increase technology development in this state by investing in

13  technology development projects that have the potential to

14  generate investment-grade technologies of importance to the

15  state's economy as evidenced by the willingness of private

16  businesses to coinvest in such projects. Enterprise Florida,

17  Inc., The board may also demonstrate and develop effective

18  approaches to, and benefits of, commercially oriented research

19  collaborations between businesses, universities, and state and

20  federal agencies and organizations.  Enterprise Florida, Inc.,

21  The board shall endeavor to maintain the fund as a

22  self-supporting fund once the fund is sufficiently capitalized

23  as reflected in the minimum funding report required in s.

24  288.9516.  The technology research investment projects may

25  include, but are not limited to:

26         (a)  Technology development projects expected to lead

27  to a specific investment-grade technology that is of

28  importance to industry in this state.

29         (b)  Technology development centers and facilities

30  expected to generate a stream of products and processes with

31


                                  84

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






    CS for CS for SB 1566                          First Engrossed



  1  commercial application of importance to industry in this

  2  state.

  3         (c)  Technology development projects that have, or are

  4  currently using, other federal or state funds such as federal

  5  Small Business Innovation Research awards.

  6         (4)  Enterprise Florida, Inc., The board shall invest

  7  moneys contained in the Florida Technology Research Investment

  8  Fund in technology application research or for technology

  9  development projects that have the potential for commercial

10  market application.  The partnership shall coordinate any

11  investment in any space-related technology projects with the

12  Spaceport Florida Authority and the Technological Research and

13  Development Authority.

14         (a)  The investment of moneys contained in the Florida

15  Technology Research Investment Fund is limited to investments

16  in qualified securities in which a private enterprise in this

17  state coinvests at least 40 percent of the total project

18  costs, in conjunction with other cash or noncash investments

19  from state educational institutions, state and federal

20  agencies, or other institutions.

21         (b)  For the purposes of this fund, qualified

22  securities include loans, loans convertible to equity, equity,

23  loans with warrants attached that are beneficially owned by

24  the board, royalty agreements, or any other contractual

25  arrangement in which the board is providing scientific and

26  technological services to any federal, state, county, or

27  municipal agency, or to any individual, corporation,

28  enterprise, association, or any other entity involving

29  technology development.

30         (c)  Not more than $175,000 or 5 percent of the

31  revenues generated by investment of moneys contained in the


                                  85

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






    CS for CS for SB 1566                          First Engrossed



  1  Florida Technology Research Investment Fund, whichever is

  2  greater, may be used to pay the partnership's operating

  3  expenses associated with operation of the Florida Technology

  4  Research Investment Fund.

  5         (d)  In the event of liquidation or dissolution of

  6  Enterprise Florida, Inc., or the Florida Technology Research

  7  Investment Fund, any rights or interests in a qualified

  8  security or portion of a qualified security purchased with

  9  moneys invested by the State of Florida shall vest in the

10  state, under the control of the State Board of Administration.

11  The state is entitled to, in proportion to the amount of

12  investment in the fund by the state, any balance of funds

13  remaining in the Florida Technology Research Investment Fund

14  after payment of all debts and obligations upon liquidation or

15  dissolution of Enterprise Florida, Inc., or the fund.

16         (e)  The investment of funds contained in the Florida

17  Technology Research Investment Fund does not constitute a

18  debt, liability, or obligation of the State of Florida or of

19  any political subdivision thereof, or a pledge of the faith

20  and credit of the state or of any such political subdivision.

21         (5)  Enterprise Florida, Inc., The board may create

22  technology commercialization programs in partnership with

23  private enterprises, educational institutions, and other

24  institutions to increase the rate at which technologies with

25  potential commercial application are moved from university,

26  public, and industry laboratories into the marketplace.  Such

27  programs shall be created based upon research to be conducted

28  by the board.

29         Section 16.  Section 288.95155, Florida Statutes, 1998

30  Supplement, is amended to read:

31


                                  86

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






    CS for CS for SB 1566                          First Engrossed



  1         288.95155  Florida Small Business Technology Growth

  2  Program.--

  3         (1)  The Florida Small Business Technology Growth

  4  Program is hereby established to provide financial assistance

  5  to businesses in this state having high job growth and

  6  emerging technology potential and fewer than 100 employees.

  7  The program shall be administered and managed by the

  8  technology development board of Enterprise Florida, Inc.

  9         (2)  Enterprise Florida, Inc., The board shall

10  establish a separate small business technology growth account

11  in the Florida Technology Research Investment Fund for

12  purposes of this section. Moneys in the account shall consist

13  of appropriations by the Legislature, proceeds of any

14  collateral used to secure such assistance, transfers, fees

15  assessed for providing or processing such financial

16  assistance, grants, interest earnings, earnings on financial

17  assistance, and any moneys transferred to the account by the

18  Department of Community Affairs from the Economic Opportunity

19  Trust Fund for use in qualifying energy projects.

20         (3)  Pursuant to s. 216.351, the amount of any moneys

21  appropriated to the account which are unused at the end of the

22  fiscal year shall not be subject to reversion under s.

23  216.301. All moneys in the account are continuously

24  appropriated to the account and may be used for loan

25  guarantees, letter of credit guarantees, cash reserves for

26  loan and letter of credit guarantees, payments of claims

27  pursuant to contracts for guarantees, subordinated loans,

28  loans with warrants, royalty investments, equity investments,

29  and operations of the program. Any claim against the program

30  shall be paid solely from the account. Neither the credit nor

31  the taxing power of the state shall be pledged to secure the


                                  87

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






    CS for CS for SB 1566                          First Engrossed



  1  account or moneys in the account, other than from moneys

  2  appropriated or assigned to the account, and the state shall

  3  not be liable or obligated in any way for any claims against

  4  the account or, against the technology development board, or

  5  against Enterprise Florida, Inc.

  6         (4)  Awards of assistance from the program shall be

  7  finalized at meetings of the technology development board and

  8  shall be subject to the policies and procedures of Enterprise

  9  Florida, Inc. Enterprise Florida, Inc., The board shall

10  leverage at least one dollar of matching investment for each

11  dollar awarded from the program. Enterprise Florida, Inc., The

12  board shall give the highest priority to moderate-risk and

13  high-risk ventures that offer the greatest opportunity for

14  compelling economic development impact. Enterprise Florida,

15  Inc., The board shall establish for each award a risk-reward

16  timetable that profiles the risks of the assistance, estimates

17  the potential economic development impact, and establishes a

18  timetable for reviewing the success or failure of the

19  assistance. By December 31 of each year, Enterprise Florida,

20  Inc., the board shall evaluate, on a portfolio basis, the

21  results of all awards of assistance made from the program

22  during the year.

23         (5)  By January 1 of each year, Enterprise Florida,

24  Inc., the board shall prepare a report on the financial status

25  of the program and the account and shall submit a copy of the

26  report to the board of directors of Enterprise Florida, Inc.,

27  the appropriate legislative committees responsible for

28  economic development oversight, and the appropriate

29  legislative appropriations subcommittees. The report shall

30  specify the assets and liabilities of the account within the

31  current fiscal year and shall include a portfolio update that


                                  88

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






    CS for CS for SB 1566                          First Engrossed



  1  lists all of the businesses assisted, the private dollars

  2  leveraged by each business assisted, and the growth in sales

  3  and in employment of each business assisted.

  4         Section 17.  Section 288.9519, Florida Statutes, is

  5  amended to read:

  6         288.9519  Not-for-profit corporation.--

  7         (1)  It is the intent of the Legislature to promote the

  8  development of the state economy and to authorize the

  9  establishment of a not-for-profit organization that shall

10  promote the competitiveness and profitability of

11  high-technology business and industry through technology

12  development projects of importance to specific manufacturing

13  sectors in this state.  This not-for-profit corporation shall

14  work cooperatively with Enterprise Florida, Inc., the

15  technology development board and shall avoid duplicating the

16  activities, programs, and functions of Enterprise Florida,

17  Inc. the board.

18         (2)  In addition to all other powers and authority, not

19  explicitly prohibited by statutes, this not-for-profit

20  organization has the following powers and duties:

21         (a)  To receive funds appropriated to the organization

22  by the Legislature.  Such funds may not duplicate funds

23  appropriated to Enterprise Florida, Inc. the technology

24  development board but shall serve to further the advancement

25  of the state economy, jointly and collaboratively with

26  Enterprise Florida, Inc. the board.

27         (b)  To submit a legislative budget request through a

28  state agency.

29         (c)  To accept gifts, grants, donations, expenses,

30  in-kind services, or other goods or services for carrying out

31  its purposes, and to expend such funds or assets in any legal


                                  89

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






    CS for CS for SB 1566                          First Engrossed



  1  manner according to the terms and conditions of acceptance and

  2  without interference, control, or restraint by the state.

  3         (d)  To carry forward any unexpended state

  4  appropriations into succeeding fiscal years.

  5         Section 18.  Section 288.9520, Florida Statutes, is

  6  amended to read:

  7         288.9520  Public records exemption.--Materials that

  8  relate to methods of manufacture or production, potential

  9  trade secrets, potentially patentable material, actual trade

10  secrets, business transactions, financial and proprietary

11  information, and agreements or proposals to receive funding

12  that are received, generated, ascertained, or discovered by

13  Enterprise Florida, Inc., the technology development board,

14  including its affiliates or subsidiaries and partnership

15  participants, such as private enterprises, educational

16  institutions, and other organizations, are confidential and

17  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

18  I of the State Constitution, except that a recipient of

19  Enterprise Florida, Inc., board research funds shall make

20  available, upon request, the title and description of the

21  research project, the name of the researcher, and the amount

22  and source of funding provided for the project.

23         Section 19.  Subsection (10) of section 288.9603,

24  Florida Statutes, is amended to read:

25         288.9603  Definitions.--

26         (10)  "Partnership" means the Enterprise Florida, Inc

27  capital development board created under s. 288.9611.

28         Section 20.  Subsections (2) and (3) of section

29  288.9604, Florida Statutes, are amended to read:

30         288.9604  Creation of the authority.--

31


                                  90

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






    CS for CS for SB 1566                          First Engrossed



  1         (2)  A city or county of Florida shall be selected by a

  2  search committee of Enterprise Florida, Inc the capital

  3  development board. This city or county shall be authorized to

  4  activate the corporation.  The search committee shall be

  5  composed of two commercial banking representatives, the Senate

  6  member of the partnership, the House of Representatives member

  7  of the partnership, and a member who is an industry or

  8  economic development professional.

  9         (3)  Upon activation of the corporation, the Governor,

10  subject to confirmation by the Senate, shall appoint the board

11  of directors of the corporation, who shall be five in number.

12  The terms of office for the directors shall be for 4 years,

13  except that three of the initial directors shall be designated

14  to serve terms of 1, 2, and 3 years, respectively, from the

15  date of their appointment, and all other directors shall be

16  designated to serve terms of 4 years from the date of their

17  appointment. A vacancy occurring during a term shall be filled

18  for the unexpired term. A director shall be eligible for

19  reappointment. At least three of the directors of the

20  corporation shall be bankers who have been selected by the

21  Governor from a list of bankers who were nominated by the

22  Enterprise Florida, Inc. capital development board, and one of

23  the directors shall be an economic development specialist. The

24  chairperson of the Florida Black Business Investment Board

25  shall be an ex officio member of the board of the corporation.

26         Section 21.  Section 288.9614, Florida Statutes, is

27  amended to read:

28         288.9614  Authorized programs.--Enterprise Florida,

29  Inc., The capital development board may take any action that

30  it deems necessary to achieve the purposes of this act in

31  partnership with private enterprises, public agencies, and


                                  91

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






    CS for CS for SB 1566                          First Engrossed



  1  other organizations, including, but not limited to, efforts to

  2  address the long-term debt needs of small-sized and

  3  medium-sized firms, to address the needs of microenterprises,

  4  to expand availability of venture capital, and to increase

  5  international trade and export finance opportunities for firms

  6  critical to achieving the purposes of this act.

  7         Section 22.  Subsection (1) of section 288.9618,

  8  Florida Statutes, is amended to read:

  9         288.9618  Microenterprises.--

10         (1)  Subject to specific appropriations in the General

11  Appropriations Act, the Office of Tourism, Trade, and Economic

12  Development may contract with the Enterprise Florida Capital

13  Development Board or some other appropriate not-for-profit or

14  governmental organization for any action that the office deems

15  necessary to foster the development of microenterprises in the

16  state.  As used within this section, microenterprises are

17  extremely small business enterprises which enable low and

18  moderate income individuals to achieve self-sufficiency

19  through self-employment.  Microenterprise programs are those

20  which provide at least one of the following:  small amounts of

21  capital, business training, and technical assistance.  Where

22  feasible, the office or organizations under contract with the

23  office shall work in cooperation with other organizations

24  active in the study and support of microenterprises.  Such

25  actions may include, but are not limited to:

26         (a)  Maintaining a network of communication and

27  coordination among existing microenterprise lending and

28  assistance programs throughout the state.

29         (b)  Providing information and technical help to

30  community-based or regional organizations attempting to

31  establish new microenterprise programs.


                                  92

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






    CS for CS for SB 1566                          First Engrossed



  1         (c)  Encouraging private sector investment in

  2  microenterprises and microenterprise lending programs.

  3         (d)  Fostering mentoring and networking relationships

  4  among microenterprises and other businesses and public bodies

  5  in order to give microenterprises access to management advice

  6  and business leads.

  7         (e)  Incorporating microenterprise components into the

  8  capital development programs and other business development

  9  programs operated by Enterprise Florida, Inc., and its

10  affiliates.

11         (f)  Providing organizational, financial, and marketing

12  support for conferences, workshops, or similar events that

13  focus on microenterprise development.

14         (g)  Establishing a program and guidelines for the

15  award of matching grants on a competitive basis to support the

16  operational expenses of not-for-profit organizations and

17  government agencies that are engaged in microenterprise

18  lending and other microenterprise assistance activities.

19         (h)  Coordinating with other organizations to ensure

20  that participants in the WAGES Program are given opportunities

21  to create microenterprises.

22         Section 23.  Sections 288.902, 288.9412, 288.9413,

23  288.9414, 288.942, 288.9510, 288.9512, 288.9513, 288.9514,

24  288.9516, 288.9611, 288.9612, 288.9613, and 288.9615, Florida

25  Statutes, are repealed.

26         Section 24.  (1)  Notwithstanding any other provision

27  of law, any contract or interagency agreement existing on or

28  before the effective date of this act between the

29  International Trade and Economic Development Board, the

30  Technology Development Board, or the Capital Development Board

31  of Enterprise Florida, Inc., or entities or agents of those


                                  93

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






    CS for CS for SB 1566                          First Engrossed



  1  boards, and other agencies, entities, or persons shall

  2  continue as binding contracts or agreements with Enterprise

  3  Florida, Inc., which is the successor entity responsible for

  4  the program, activity, or functions relative to the contract

  5  or agreement.

  6         (2)  Any tangible personal property of the

  7  International Trade and Economic Development Board, the

  8  Technology Development Board, or the Capital Development Board

  9  of Enterprise Florida, Inc., is transferred to Enterprise

10  Florida, Inc.

11         (3)  Enterprise Florida, Inc., may assume

12  responsibility for any programs or activities of the

13  International Trade and Economic Development Board, the

14  Technology Development Board, or the Capital Development Board

15  in existence as of the effective date of this act and may

16  determine the appropriate placement of such programs or

17  activities within the organization.

18         Section 25.  The Division of Statutory Revision is

19  directed to redesignate part VIII of chapter 288, Florida

20  Statutes, as "Technology Development" and to redesignate part

21  IX of that chapter as "Capital Development."

22         Section 26.  Subsection (1) of section 288.707, Florida

23  Statutes, is amended to read:

24         288.707  Florida Black Business Investment Board.--

25         (1)  The Legislature finds that the public interest of

26  Florida will be served by the creation and growth of black

27  business enterprises by:

28         (a)  Increasing opportunities for employment of blacks,

29  as well as the population in general;

30

31


                                  94

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






    CS for CS for SB 1566                          First Engrossed



  1         (b)  Providing role models and establishing business

  2  networks for the benefit of future generations of aspiring

  3  black entrepreneurs; and

  4         (c)  Strengthening the economy of the state by

  5  increasing the number of qualified black business enterprises,

  6  which in turn will increase competition in the marketplace and

  7  improve the welfare of economically depressed neighborhoods;

  8  and.

  9         (d)  Taking measures to increase access of black

10  businesses to both debt and equity capital.

11         Section 27.  Present subsection (17) of section

12  288.709, Florida Statutes, 1998 Supplement, is redesignated as

13  subsection (19), and new subsections (17) and (18) are added

14  to that section to read:

15         288.709  Powers of the Florida Black Business

16  Investment Board.--The board shall have all the powers

17  necessary or convenient to carry out and effectuate the

18  purposes and provisions of ss. 9-21, chapter 85-104, Laws of

19  Florida, including, but not limited to, the power to:

20         (17)  Promote black ownership of financial institutions

21  in Florida.

22         (18)  Take, hold, and improve property, including real

23  property.

24         Section 28.  Subsections (3), (6), and (11) of section

25  288.99, Florida Statutes, 1998 Supplement, are amended to

26  read:

27         288.99  Certified Capital Company Act.--

28         (3)  DEFINITIONS.--As used in this section, the term:

29         (a)  "Affiliate of an insurance company" means:

30         1.  Any person directly or indirectly beneficially

31  owning, whether through rights, options, convertible


                                  95

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






    CS for CS for SB 1566                          First Engrossed



  1  interests, or otherwise, controlling, or holding power to vote

  2  10 percent or more of the outstanding voting securities or

  3  other ownership interests of the insurance company;

  4         2.  Any person 10 percent or more of whose outstanding

  5  voting securities or other ownership interest is directly or

  6  indirectly beneficially owned, whether through rights,

  7  options, convertible interests, or otherwise, controlled, or

  8  held with power to vote by the insurance company;

  9         3.  Any person directly or indirectly controlling,

10  controlled by, or under common control with the insurance

11  company;

12         4.  A partnership in which the insurance company is a

13  general partner; or

14         5.  Any person who is a principal, director, employee,

15  or agent of the insurance company or an immediate family

16  member of the principal, director, employee, or agent.

17         (b)  "Certified capital" means an investment of cash by

18  a certified investor in a certified capital company which

19  fully funds the purchase price of either or both its equity

20  interest in the certified capital company or a qualified debt

21  instrument issued by the certified capital company.

22         (c)  "Certified capital company" means a corporation,

23  partnership, or limited liability company which:

24         1.  Is certified by the department in accordance with

25  this act.

26         2.  Receives investments of certified capital.

27         3.  Makes qualified investments as its primary

28  activity.

29         (d)  "Certified investor" means any insurance company

30  subject to premium tax liability pursuant to s. 624.509 that

31  contributes certified capital.


                                  96

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






    CS for CS for SB 1566                          First Engrossed



  1         (e)  "Department" means the Department of Banking and

  2  Finance.

  3         (f)  "Director" means the director of the Office of

  4  Tourism, Trade, and Economic Development.

  5         (g)  "Early stage technology business" means a

  6  qualified business that is involved, at the time of the

  7  certified capital company's initial investment in such

  8  business, in activities related to developing initial product

  9  or service offerings, such as prototype development or the

10  establishment of initial production or service processes. The

11  term includes a qualified business that is less than 2 years

12  old and has, together with its affiliates, less than $3

13  million in annual revenues for the fiscal year immediately

14  preceding the initial investment by the certified capital

15  company on a consolidated basis, as determined in accordance

16  with generally accepted accounting principles. The term also

17  includes the Florida Black Business Investment Board, any

18  entity majority owned by the Florida Black Business Investment

19  Board, or any entity in which the Florida Black Business

20  Investment Board holds a majority voting interest on the board

21  of directors.

22         (h)  "Office" means the Office of Tourism, Trade, and

23  Economic Development.

24         (i)  "Premium tax liability" means any liability

25  incurred by an insurance company under the provisions of s.

26  624.509.

27         (j)  "Principal" means an executive officer of a

28  corporation, partner of a partnership, manager of a limited

29  liability company, or any other person with equivalent

30  executive functions.

31


                                  97

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






    CS for CS for SB 1566                          First Engrossed



  1         (k)  "Qualified business" means a business that meets

  2  the following conditions:

  3         1.  The business is headquartered in this state and its

  4  principal business operations are located in this state.

  5         2.  At the time a certified capital company makes an

  6  initial investment in a business, the business is a small

  7  business concern as defined in 13 C.F.R. s. 121.201, "Size

  8  Standards Used to Define Small Business Concerns" of the

  9  United States Small Business Administration which is involved

10  in manufacturing, processing or assembling products,

11  conducting research and development, or providing services.

12         3.  At the time a certified capital company makes an

13  initial investment in a business, the business certifies in an

14  affidavit that:

15         a.  The business is unable to obtain conventional

16  financing, which means that the business has failed in an

17  attempt to obtain funding for a loan from a bank or other

18  commercial lender or that the business cannot reasonably be

19  expected to qualify for such financing under the standards of

20  commercial lending;

21         b.  The business plan for the business projects that

22  the business is reasonably expected to achieve in excess of

23  $25 million in sales revenue within 5 years after the initial

24  investment;

25         c.  The business will maintain its headquarters in this

26  state for the next 10 years and any new manufacturing facility

27  financed by a qualified investment will remain in this state

28  for the next 10 years; and

29         d.  The business has fewer than 200 employees and at

30  least 75 percent of the employees are employed in this state.

31


                                  98

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






    CS for CS for SB 1566                          First Engrossed



  1  For purposes of this subsection, the term "Qualified Business"

  2  also includes the Florida Black Business Investment Board, any

  3  entity majority owned by the Florida Black Business Investment

  4  Board, or any entity in which the Florida Black Business

  5  Investment Board holds a majority voting interest on the board

  6  of directors. A business predominantly engaged in retail

  7  sales, real estate development, insurance, banking, lending,

  8  oil and gas exploration, or engaged in professional services

  9  provided by accountants, lawyers, or physicians does not

10  constitute a qualified business.

11         (l)  "Qualified debt instrument" means a debt

12  instrument, or a hybrid of a debt instrument, issued by a

13  certified capital company, at par value or a premium, with an

14  original maturity date of at least 5 years after the date of

15  issuance, a repayment schedule which is no faster than a level

16  principal amortization over a 5-year period, and interest,

17  distribution, or payment features which are not related to the

18  profitability of the certified capital company or the

19  performance of the certified capital company's investment

20  portfolio.

21         (m)  "Qualified distribution" means any distribution or

22  payment to equity holders of a certified capital company for:

23         1.  Costs and expenses of forming, syndicating,

24  managing, and operating the certified capital company,

25  including an annual management fee in an amount that does not

26  exceed 2.5 percent of the certified capital of the certified

27  capital company, plus reasonable and necessary fees in

28  accordance with industry custom for professional services,

29  including, but not limited to, legal and accounting services,

30  related to the operation of the certified capital company.

31


                                  99

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






    CS for CS for SB 1566                          First Engrossed



  1         2.  Any projected increase in federal or state taxes,

  2  including penalties and interest related to state and federal

  3  income taxes, of the equity owners of a certified capital

  4  company resulting from the earnings or other tax liability of

  5  the certified capital company to the extent that the increase

  6  is related to the ownership, management, or operation of a

  7  certified capital company.

  8         (n)  "Qualified investment" means the investment of

  9  cash by a certified capital company in a qualified business

10  for the purchase of any debt, equity, or hybrid security of

11  any nature and description whatsoever, including a debt

12  instrument or security which has the characteristics of debt

13  but which provides for conversion into equity or equity

14  participation instruments such as options or warrants.

15         (6)  PREMIUM TAX CREDIT; AMOUNT; LIMITATIONS.--

16         (a)  Any certified investor who makes an investment of

17  certified capital shall earn a vested credit against premium

18  tax liability equal to 100 percent of the certified capital

19  invested by the certified investor. Certified investors shall

20  be entitled to use no more than 10 percentage points of the

21  vested premium tax credit, including any carryforward credits

22  under this act, per year beginning with premium tax filings

23  for calendar year 2000. Any premium tax credits not used by

24  certified investors in any single year may be carried forward

25  and applied against the premium tax liabilities of such

26  investors for subsequent calendar years.  The carryforward

27  credit may be applied against subsequent premium tax filings

28  through calendar year 2017.

29         (b)  The credit to be applied against premium tax

30  liability in any single year may not exceed the premium tax

31  liability of the certified investor for that taxable year.


                                 100

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






    CS for CS for SB 1566                          First Engrossed



  1         (c)  A certified investor claiming a credit against

  2  premium tax liability earned through an investment in a

  3  certified capital company shall not be required to pay any

  4  additional retaliatory tax levied pursuant to s. 624.5091 as a

  5  result of claiming such credit.  Because credits under this

  6  section are available to a certified investor, s. 624.5091

  7  does not limit such credit in any manner.

  8         (d)  The amount of tax credits vested under the

  9  Certified Capital Company Act shall not be considered in

10  ratemaking proceedings involving a certified investor.

11         (11)  TRANSFERABILITY.--The claim of a transferee of a

12  certified investor's unused premium tax credit shall be

13  permitted in the same manner and subject to the same

14  provisions and limitations of this act as the original

15  certified investor.  The term "transferee" means any person

16  who:

17         (a)  Through the voluntary sale, assignment, or other

18  transfer of the business or control of the business of the

19  certified investor, including the sale or other transfer of

20  stock or assets by merger, consolidation, or dissolution,

21  succeeds to all or substantially all of the business and

22  property of the certified investor;

23         (b)  Becomes by operation of law or otherwise the

24  parent company of the certified investor; or

25         (c)  Directly or indirectly owns, whether through

26  rights, options, convertible interests, or otherwise,

27  controls, or holds power to vote 10 percent or more of the

28  outstanding voting securities or other ownership interest of

29  the certified investor;.

30         (d)  Is a subsidiary of the certified investor or 10

31  percent or more of whose outstanding voting securities or


                                 101

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






    CS for CS for SB 1566                          First Engrossed



  1  other ownership interest are directly or indirectly owned,

  2  whether through rights, options, convertible interests, or

  3  otherwise, by the certified investor; or

  4         (e)  Directly or indirectly controls, is controlled by,

  5  or is under the common control with the certified investor.

  6         Section 29.  Sections 288.9950, 288.9951, 288.9952,

  7  288.9953, 288.9954, 288.9955, 288.9956, 288.9957, 288.9958,

  8  and 288.9959, Florida Statutes, are designated as part XI of

  9  chapter 288, Florida Statutes, and the Division of Statutory

10  Revision is requested to designate that part "Workforce

11  Development."

12         Section 30.  Section 446.601, Florida Statutes, is

13  transferred, renumbered as section 288.9950, Florida Statutes,

14  and amended to read:

15         288.9950 446.601  Workforce Florida Act of 1996 Short

16  title; legislative intent.--

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

18  Florida Act of 1996."

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

20  workforce development system to upgrade dramatically

21  Floridians' workplace skills, economically benefiting the

22  workforce, employers, and the state.

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

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

25  today's workplace.

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

27  competitive advantage.

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

29  job-creating incentive for business.

30

31


                                 102

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






    CS for CS for SB 1566                          First Engrossed



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

  2  accountability mandate the consolidation of program services

  3  and the elimination of unwarranted duplication.

  4         (e)  Streamlined state and local partnerships must

  5  focus on outcomes, not process.

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

  7  service delivery works best.

  8         (g)  Job training curricula must be developed in

  9  concert with the input and needs of existing employers and

10  businesses, and must consider the anticipated demand for

11  targeted job opportunities, as specified by the Occupational

12  Forecasting Conference under s. 216.136.

13         (h)  Job placement, job retention, and

14  return-on-investment should control workforce development

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

16  failure.

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

18  consequences.

19         (j)  Job placement success will be publicly measured

20  and reported to the Legislature.

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

22  which provide a valuable opportunity for preparing citizens

23  for productive employment, will be encouraged.

24         (l)  Self-employment and small business ownership will

25  be options that each worker can pursue.

26         (4)  The workforce development strategy shall be

27  designed by the Workforce Development Board Enterprise Florida

28  Jobs and Education Partnership pursuant to s. 288.9952 s.

29  288.0475, and shall be centered around the strategies four

30  integrated strategic components of First Jobs/First Wages

31


                                 103

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






    CS for CS for SB 1566                          First Engrossed



  1  One-Stop Career Centers, School-to-Work, Welfare-to-Work, and

  2  High Skills/High Wages Wage Jobs.

  3         (a)  First Jobs/First Wages is the state's strategy to

  4  promote successful entry into the workforce through education

  5  and workplace experience that lead to self-sufficency and

  6  career advancement.  The components of the strategy include

  7  efforts that enlist business, education, and community support

  8  for students to achieve long-term career goals, ensuring that

  9  young people have the academic and occupational skills

10  required to succeed in the workplace. The strategy also

11  includes the Work and Gain Economic Self-sufficency (WAGES)

12  effort that is the state's welfare-to-work program designed

13  and developed by the WAGES Program State Board of Directors.

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

15  customer-service contact strategy for offering every Floridian

16  access, through service sites, telephone, or computer

17  networks, to the following services:

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

19         2.  Career counseling and educational planning.

20         3.  Consumer reports on service providers.

21         4.  Recruitment and eligibility determination.

22         5.  Support services, including child care and

23  transportation.

24         6.  Employability skills training.

25         7.  Adult education and basic skills training.

26         8.  Technical training leading to a certification and

27  degree.

28         9.  Claim filing for unemployment compensation

29  services.

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

31  assistance.


                                 104

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






    CS for CS for SB 1566                          First Engrossed



  1         11.  Child care and transportation assistance to gain

  2  employment.

  3         12.  Other appropriate and available workforce

  4  development services.

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

  6  workforce education strategy for coordinating business,

  7  education, and the community to support students in achieving

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

  9  prepared with the academic and occupational skills required

10  for success.

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

12  encouraging self-sufficiency and minimizing dependence upon

13  public assistance by emphasizing job placement and transition

14  support services for welfare recipients.

15         (b)(d)  High Skills/High Wages Wage is the state's

16  strategy for aligning education and training programs with

17  high-paying, high-demand occupations that advance individuals'

18  careers, build a more skilled workforce, and enhance Florida's

19  efforts to attract and expand job-creating business the

20  Occupational Forecasting Conference under s. 216.136, for

21  meeting the job demands of the state's existing businesses,

22  and for providing a ready workforce which is integral to the

23  state's economic development goal of attracting new and

24  expanding businesses.

25         (5)  The workforce development system shall utilize a

26  charter process approach aimed at encouraging local design and

27  control of service delivery and targeted activities.  The

28  Workforce Development Board Enterprise Florida Jobs and

29  Education Partnership shall be responsible for granting

30  charters to regional workforce development boards that

31  Regional Workforce Development Boards which have a membership


                                 105

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






    CS for CS for SB 1566                          First Engrossed



  1  consistent with the requirements of federal and state law and

  2  that which have developed a plan consistent with the state's

  3  workforce development strategy and with the strategic

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

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

  6  specify methods for allocating the resources and programs in a

  7  manner that eliminates unwarranted duplication, minimizes

  8  administrative costs, meets the existing job market demands

  9  and the job market demands resulting from successful economic

10  development activities, ensures access to quality workforce

11  development services for all Floridians, and maximizes

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

13  Workforce Development Board Enterprise Florida Jobs and

14  Education Partnership shall establish incentives for effective

15  coordination of federal and state programs, outline rewards

16  for successful job placements, and institute collaborative

17  approaches among local service providers.  Local

18  decisionmaking and control shall be important components for

19  inclusion in this charter application.

20         Section 31.  Section 446.604, Florida Statutes, is

21  transferred, renumbered as section 288.9951, Florida Statutes,

22  and amended to read:

23         288.9951 446.604  One-Stop Career Centers.--

24         (1)  One-Stop Career Centers comprise the state's

25  initial customer-service delivery system for offering every

26  Floridian access, through service sites or telephone or

27  computer networks, to the following services:

28         (a)  Job search, referral, and placement assistance.

29         (b)  Career counseling and educational planning.

30         (c)  Consumer reports on service providers.

31         (d)  Recruitment and eligibility determination.


                                 106

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






    CS for CS for SB 1566                          First Engrossed



  1         (e)  Support services, including child care and

  2  transportation assistance to gain employment.

  3         (f)  Employability skills training.

  4         (g)  Adult education and basic skills training.

  5         (h)  Technical training leading to a certification and

  6  degree.

  7         (i)  Claim filing for unemployment compensation

  8  services.

  9         (j)  Temporary income, health, nutritional, and housing

10  assistance.

11         (k)  Other appropriate and available workforce

12  development services.

13         (2)  In addition to the mandatory partners identified

14  in Pub. L. No. 105-220, Food Stamp Employment and Training,

15  Food Stamp work programs, and WAGES/TANF programs shall

16  participate as partners in each One-Stop Career Center. Each

17  partner is prohibited from operating independently from a

18  One-Stop Career Center unless approved by the regional

19  workforce development board. Services provided by partners who

20  are not physically located in a One-Stop Career Center must be

21  approved by the regional workforce development board.

22         (3)  Subject to a process designed by the Workforce

23  Development Board, and in compliance with Pub. L. No. 105-220,

24  regional workforce development boards shall designate One-Stop

25  Career Center operators. A regional workforce development

26  board may retain its current One-Stop Career Center operator

27  without further procurement action where the board has

28  established a One-Stop Career Center that has complied with

29  federal and state law.

30         (4)  Notwithstanding any other provision of law,

31  effective July 1, 1999, regional workforce development boards


                                 107

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






    CS for CS for SB 1566                          First Engrossed



  1  shall assume responsibility for, and contract for the delivery

  2  of, employment services authorized by Wagner-Peyser, except

  3  that for fiscal year 1999-2000, the contract must be with the

  4  Department of Labor and Employment Security. Contracts must be

  5  performance-based, dedicating 15 percent of the funds to

  6  performance payments. Performance payments shall be based on

  7  performance measures developed by the Workforce Development

  8  Board. Prior to the execution of a contract for employment

  9  services with entities other than the Department of Labor and

10  Employment Security, the regional workforce development board

11  must develop a transition plan to be approved by the Workforce

12  Development Board. Such plan must include assurances, to be

13  affirmed by the Workforce Development Board through the

14  approval of the plan, that employment services will be

15  delivered in compliance with federal law.

16         (a)  The Workforce Development Board may direct the

17  Department of Labor and Employment Security to provide such

18  services and to assign or lease staff to the regional

19  workforce development boards' One-Stop Career Centers as are

20  necessary to maintain services and to comply with federal and

21  state workforce development requirements. Leased employees

22  from the department shall work under the management of a

23  One-Stop Career Center operator, but shall retain their state

24  employment status, including the right to participate in the

25  Florida Retirement System and the State Group Insurance

26  Program.

27         (b)  Unless otherwise required by federal law, at least

28  90 percent of the Wagner-Peyser funding must go into direct

29  customer service costs.

30

31


                                 108

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






    CS for CS for SB 1566                          First Engrossed



  1         (c) Employment services must be provided through

  2  One-Stop Career Centers, and managed by One-Stop Career Center

  3  operators.

  4         (d)  Career service employees of the Department of

  5  Labor and Employment Security who are subject to layoff due to

  6  the enactment of this act shall be given priority

  7  consideration for employment by the regional workforce

  8  development boards' One-Stop Career Center operators.

  9         (5)  One-Stop Career Center partners identified in

10  subsection (2) shall enter into a Memorandum of Understanding

11  pursuant to Pub. L. No. 105-220, Title I, s. 121, with the

12  regional workforce development board. Failure of a local

13  partner to participate cannot unilaterally block the majority

14  of partners from moving forward with their One-Stop Career

15  Centers, and the Workforce Development Board, pursuant to s.

16  288.9952(4)(d), may recommend sanction of a local partner that

17  fails to participate.

18         (6)  To the maximum extent possible, core services, as

19  defined by Pub. L. No. 105-220, shall be provided

20  electronically, utilizing existing systems and public

21  libraries. To expand electronic capabilities, the Workforce

22  Development Board, working with regional workforce development

23  boards, shall develop a centralized help center to assist

24  regional workforce development boards in fulfilling core

25  services, minimizing the need for fixed-site One-Stop Career

26  Centers.

27         (7)  Intensive services and training provided pursuant

28  to Pub. L. No. 105-220, shall be provided to individuals

29  through Intensive Service Accounts and Individual Training

30  Accounts. The Workforce Development Board shall develop, by

31  July 1, 1999, an implementation plan, including identification


                                 109

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






    CS for CS for SB 1566                          First Engrossed



  1  of initially eligible training providers, transition

  2  guidelines, and criteria for use of these accounts. Individual

  3  Training Accounts must be compatible with Individual

  4  Development Accounts for education allowed in federal and

  5  state welfare reform statutes.

  6         (8)(a)  Individual Training Accounts must be expended

  7  on programs that prepare people to enter high-wage occupations

  8  identified by the Occupational Forecasting Conference created

  9  by s. 216.136, and on other programs as approved by the

10  Workforce Development Board.

11         (b)  For each approved training program, regional

12  workforce development boards, in consultation with training

13  providers, shall establish a fair-market purchase price to be

14  paid through an Individual Training Account. The purchase

15  price must be based on prevailing costs and reflect local

16  economic factors, program complexity, and program benefits,

17  including time to beginning of training and time to

18  completion. The price shall ensure the fair participation of

19  public and nonpublic postsecondary educational institutions as

20  authorized service providers and shall prohibit the use of

21  unlawful remuneration to the student in return for attending

22  an institution. Unlawful remuneration does not include student

23  financial assistance programs.

24         (c)  The Workforce Development Board shall review

25  Individual Training Account pricing schedules developed by

26  regional workforce development boards and present findings and

27  recommendations for process improvement to the President of

28  the Senate and the Speaker of the House of Representatives by

29  January 1, 2000.

30         (d)  To the maximum extent possible, training providers

31  shall use funding sources other than the funding provided


                                 110

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






    CS for CS for SB 1566                          First Engrossed



  1  under Pub. L. No. 105-220. A performance outcome related to

  2  alternative financing obtained by the training provider shall

  3  be established by the Workforce Development Board and used for

  4  performance evaluation purposes. The performance evaluation

  5  must take into consideration the number of alternative funding

  6  sources.

  7         (e)  Training services provided through Individual

  8  Training Accounts must be performance-based, with successful

  9  job placement triggering full payment.

10         (f)  The accountability measures to be used in

11  documenting competencies acquired by the participant during

12  training shall be literacy completion points and occupational

13  completion points. Literacy completion points refers to the

14  academic or workforce readiness competencies that qualify a

15  person for further basic education, vocational education, or

16  for employment. Occupational completion points refers to the

17  vocational competencies that qualify a person to enter an

18  occupation that is linked to a vocational program.

19         (9)(a)(1)  The Department of Management Services,

20  working with the Workforce Development Board, shall coordinate

21  among the agencies a plan for a One-Stop Career Center

22  Electronic Network made up of One-Stop Career Centers that are

23  operated by the Department of Labor and Employment Security,

24  the Department of Health and Rehabilitative Services, the

25  Department of Education, and other authorized public or

26  private for-profit or not-for-profit agents.  The plan shall

27  identify resources within existing revenues to establish and

28  support this such electronic network for service delivery that

29  includes the Florida Communities Network.

30         (b)(2)  The network shall assure that a uniform method

31  is used to determine eligibility for and management of


                                 111

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






    CS for CS for SB 1566                          First Engrossed



  1  services provided by agencies that conduct workforce

  2  development activities.  The Department of Management Services

  3  shall develop strategies to allow access to the databases and

  4  information management systems of the following systems in

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

  6  Career Centers:

  7         1.(a)  The Unemployment Compensation System of the

  8  Department of Labor and Employment Security.

  9         2.(b)  The Job Service System of the Department of

10  Labor and Employment Security.

11         3.(c)  The FLORIDA System and the components related to

12  WAGES Aid to Families with Dependent Children, food stamps,

13  and Medicaid eligibility.

14         4.(d)  The Workers' Compensation System of the

15  Department of Labor and Employment Security.

16         5.(e)  The Student Financial Assistance System of the

17  Department of Education.

18         6.(f)  Enrollment in the public postsecondary education

19  system.

20

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

22  local levels by January 1, 2000 July 1, 1999.

23         Section 32.  Section 288.9620, Florida Statutes, is

24  transferred, renumbered as section 288.9952, Florida Statutes,

25  and amended to read:

26         (Substantial rewording of section. See

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

28         288.9952  Workforce Development Board.--

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

30  corporate structure of Enterprise Florida, Inc., a

31  not-for-profit public-private Workforce Development Board. The


                                 112

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






    CS for CS for SB 1566                          First Engrossed



  1  purpose of the Workforce Development Board is to design and

  2  implement strategies that help Floridians enter, remain in,

  3  and advance in the workplace, becoming more highly skilled and

  4  successful, benefiting these Floridians, Florida businesses,

  5  and the entire state.

  6         (2)(a)  The Workforce Development Board shall be

  7  governed by a 25-voting-member board of directors whose

  8  membership and appointment must be consistent with Pub. L. No.

  9  105-220, Title I, s. 111(b), and contain three representatives

10  of organized labor. Notwithstanding s. 114.05(f), the Governor

11  may appoint members of the current board to serve on the

12  reconstituted board as required by this section. By June 1,

13  1999, the Workforce Development Board will provide to the

14  Governor a transition plan to incorporate the changes required

15  by this act and Pub. L. No. 105-220, specifying the timeframe

16  and manner of changes to the board. This plan shall govern the

17  transition, unless otherwise notified by the Governor. The

18  importance of minority and gender representation shall be

19  considered when making appointments to the board.  Additional

20  members may be appointed when necessary to conform to the

21  requirements of Pub. L. No. 105-220.

22         (b)  The board of directors of the Workforce

23  Development Board shall be chaired by a board member

24  designated by the Governor pursuant to Pub. L. No. 105-220.

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

26  must be appointed for four-year, staggered terms.

27  Public-sector members appointed by the Governor must be

28  appointed to 4-year terms. Members appointed by the Governor

29  serve at the pleasure of the Governor.

30

31


                                 113

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






    CS for CS for SB 1566                          First Engrossed



  1         (d)  The Governor shall appoint members to the board of

  2  directors of the Workforce Development Board within 30 days

  3  after the receipt of nominations.

  4         (e)  A member of the board of directors of the

  5  Workforce Development Board may be removed by the Governor for

  6  cause. Absence from three consecutive meetings results in

  7  automatic removal. The chair of the Workforce Development

  8  Board shall notify the Governor of such absences.

  9         (3)(a)  The president of the Workforce Development

10  Board shall be hired by the president of Enterprise Florida,

11  Inc., and shall serve in the capacity of an executive director

12  and secretary of the Workforce Development Board.

13         (b)  The board of directors of the Workforce

14  Development Board shall meet at least quarterly and at other

15  times upon call of its chair.

16         (c)  A majority of the total current membership of the

17  board of directors of the Workforce Development Board

18  comprises a quorum of the board.

19         (d)  A majority of those voting is required to organize

20  and conduct the business of the Workforce Development Board,

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

22  Workforce Development Board is required to adopt or amend the

23  operational plan.

24         (e)  Except as delegated or authorized by the board of

25  directors of the Workforce Development Board, individual

26  members have no authority to control or direct the operations

27  of the Workforce Development Board or the actions of its

28  officers and employees, including the president.

29         (f)  The board of directors of the Workforce

30  Development Board may delegate to its president those powers

31  and responsibilities it deems appropriate.


                                 114

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






    CS for CS for SB 1566                          First Engrossed



  1         (g)  Members of the board of directors of the Workforce

  2  Development Board and its committees shall serve without

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

  4  employees of the Workforce Development Board may be reimbursed

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

  6  determined by the board of directors of Enterprise Florida,

  7  Inc.

  8         (h)  The board of directors of the Workforce

  9  Development Board may establish an executive committee

10  consisting of the chair and at least two additional board

11  members selected by the board of directors. The executive

12  committee shall have such authority as the board of directors

13  of the Workforce Development Board delegates to it, except

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

15  committee authority to take action that requires approval by a

16  majority of the entire board of directors.

17         (i)  The board of directors of the Workforce

18  Development Board may appoint committees to fulfill its

19  responsibilities, to comply with federal requirements, or to

20  obtain technical assistance, and must incorporate members of

21  regional workforce development boards into its structure.

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

23  Workforce Development Board who is not otherwise required to

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

25  State Constitution or s. 112.3144 must file disclosure of

26  financial interests pursuant to s. 112.3145.

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

28  powers and authority, not explicitly prohibited by statute,

29  necessary or convenient to carry out and effectuate the

30  purposes as determined by statute, Pub. L. No. 105-220, and

31  the Governor, as well as its functions, duties, and


                                 115

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






    CS for CS for SB 1566                          First Engrossed



  1  responsibilities, including, but not limited to, the

  2  following:

  3         (a)  Serving as the state's Workforce Investment Board

  4  pursuant to Pub. L. No. 105-220. Unless otherwise required by

  5  federal law, at least 90 percent of the workforce development

  6  funding must go into direct customer service costs. Of the

  7  allowable administrative overhead, appropriate amounts shall

  8  be expended to procure independent job-placement evaluations.

  9         (b)  Contracting with public and private entities as

10  necessary to further the directives of this section, except

11  that any contract made with an organization represented on the

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

13  board of directors of the Workforce Development Board must be

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

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

16  board member representing such organization shall abstain from

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

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

19  exclusive of grant programs, shall be made with an

20  organization represented on the board of directors of

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

22  Workforce Development Board. An organization represented on

23  the board of directors of the Workforce Development Board or

24  on the board of directors of Enterprise Florida, Inc., may not

25  enter into a contract to receive a state-funded economic

26  development incentive or similar grant unless such incentive

27  award is specifically endorsed by a two-thirds vote of the

28  entire board of directors of the Workforce Development Board.

29  The member of the board of directors of the Workforce

30  Development Board representing such organization, if

31  applicable, shall abstain from voting and refrain from


                                 116

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  discussing the issue with other members of the board. No more

  2  than 50 percent of the dollar value of grants issued by the

  3  board in any fiscal year may go to businesses associated with

  4  members of the board of directors of the Workforce Development

  5  Board.

  6         (c)  Providing an annual report to the board of

  7  directors of Enterprise Florida, Inc., by November 1 that

  8  includes a copy of an annual financial and compliance audit of

  9  its accounts and records conducted by an independent certified

10  public accountant and performed in accordance with rules

11  adopted by the Auditor General.

12         (d)  Notifying the Governor, the President of the

13  Senate, and the Speaker of the House of Representatives of

14  noncompliance by agencies or obstruction of the board's

15  efforts by agencies. For such actions, the board may recommend

16  sanctions to the Governor, the President of the Senate, and

17  the Speaker of House of Representatives, including but not

18  limited to: disqualification or suspension of an agency from

19  participation in workforce development programs; designating

20  an agency ineligible for workforce grants, awards, or funding;

21  and penalties. Through the Office of Planning and Budgeting,

22  the Office of the Governor shall enforce such sanctions as

23  approved by the Governor, the President of the Senate, and the

24  Speaker of the House of Representatives.

25         (e)  Ensuring that the state does not waste valuable

26  training resources. Thus, the board shall direct that all

27  resources, including equipment purchased for training

28  Workforce Investment Act clients, be available for use at all

29  times by eligible populations as first priority users. At

30  times when eligible populations are not available, such

31


                                 117

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  resources shall be used for any other state authorized

  2  education and training purpose.

  3         (5)  Notwithstanding s. 216.351, to allow time for

  4  documenting program performance, funds allocated for the

  5  incentives in s. 239.249 must be carried forward to the next

  6  fiscal year and must be awarded for the current year's

  7  performance, unless federal law requires the funds to revert

  8  at the year's end.

  9         (6)  The Workforce Development Board may take action

10  that it deems necessary to achieve the purposes of this

11  section and consistent with the policies of the board of

12  directors of Enterprise Florida, Inc., in partnership with

13  private enterprises, public agencies, and other organizations.

14  The Workforce Development Board shall advise and make

15  recommendations to the board of directors of Enterprise

16  Florida, Inc., and through that board of directors to the

17  State Board of Education and the Legislature concerning action

18  needed to bring about the following benefits to the state's

19  social and economic resources:

20         (a)  A state employment, education, and training policy

21  that ensures that programs to prepare workers are responsive

22  to present and future business and industry needs and

23  complement the initiatives of Enterprise Florida, Inc.

24         (b)  A funding system that provides incentives to

25  improve the outcomes of vocational education programs, and of

26  registered apprenticeship and work-based learning programs,

27  and that focuses resources on occupations related to new or

28  emerging industries that add greatly to the value of the

29  state's economy.

30         (c)  A comprehensive approach to the education and

31  training of target populations such as those who have


                                 118

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  disabilities, are economically disadvantaged, receive public

  2  assistance, are not proficient in English, or are dislocated

  3  workers. This approach should ensure the effective use of

  4  federal, state, local, and private resources in reducing the

  5  need for public assistance.

  6         (d)  The designation of Institutes of Applied

  7  Technology composed of public and private postsecondary

  8  institutions working together with business and industry to

  9  ensure that technical and vocational education programs use

10  the most advanced technology and instructional methods

11  available and respond to the changing needs of business and

12  industry. Of the funds reserved for activities of the

13  Workforce Investment Act at the state level, $500,000 shall be

14  reserved for an institute of applied technology in

15  construction excellence, which shall be a demonstration

16  project on the development of such institutes. The institute,

17  once established, shall contract with the Workforce

18  Development Board to provide a coordinated approach to

19  workforce development in this industry.

20         (e)  A system to project and evaluate labor market

21  supply and demand using the results of the Occupational

22  Forecasting Conference created in s. 216.136 and the career

23  education performance standards identified under s. 239.233.

24         (f)  A review of the performance of public programs

25  that are responsible for economic development, education,

26  employment, and training. The review must include an analysis

27  of the return on investment of these programs.

28         (7)  By December 1 of each year, Enterprise Florida,

29  Inc., shall submit to the Governor, the President of the

30  Senate, the Speaker of the House of Representatives, the

31  Senate Minority Leader, and the House Minority Leader a


                                 119

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  complete and detailed report by the Workforce Development

  2  Board setting forth:

  3         (a)  The audit in subsection (8), if conducted.

  4         (b)  The operations and accomplishments of the

  5  partnership including the programs or entities listed in

  6  subsection (6).

  7         (8)  The Auditor General may, pursuant to his or her

  8  own authority or at the direction of the Legislative Auditing

  9  Committee, conduct an audit of the Workforce Development Board

10  or the programs or entities created by the Workforce

11  Development Board.

12         (9)  The Workforce Development Board, in collaboration

13  with the regional workforce development boards and appropriate

14  state agencies and local public and private service providers,

15  and in consultation with the Office of Program Policy Analysis

16  and Government Accountability, shall establish uniform

17  measures and standards to gauge the performance of the

18  workforce development strategy. These measures and standards

19  must be organized into three outcome tiers.

20         (a)  The first tier of measures must be organized to

21  provide benchmarks for system-wide outcomes. The Workforce

22  Development Board must, in collaboration with the Office of

23  Program Policy Analysis and Government Accountability,

24  establish goals for the tier-one outcomes. System-wide

25  outcomes may include employment in occupations demonstrating

26  continued growth in wages; continued employment after 3, 6,

27  12, and 24 months; reduction in and elimination of public

28  assistance reliance; job placement; employer satisfaction; and

29  positive return on investment of public resources.

30         (b)  The second tier of measures must be organized to

31  provide a set of benchmark outcomes for One-Stop Career


                                 120

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Centers and each of the strategic components of the workforce

  2  development strategy. A set of standards and measures must be

  3  developed for One-Stop Career Centers, youth employment

  4  activities, WAGES, and High Skills/High Wages, targeting the

  5  specific goals of each particular strategic component. Cost

  6  per entered employment, earnings at placement, retention in

  7  employment, job placement, and entered employment rate must be

  8  included among the performance outcome measures.

  9         1.  Appropriate measures for One-Stop Career Centers

10  may include direct job placements at minimum wage, at a wage

11  level established by the Occupational Forecasting Conference,

12  and at a wage level above the level established by the

13  Occupational Forecasting Conference.

14         2.  Appropriate measures for youth employment

15  activities may include the number of students enrolling in and

16  completing work-based programs, including apprenticeship

17  programs; job placement rate; job retention rate; wage at

18  placement; and wage growth.

19         3.  WAGES measures may include job placement rate, job

20  retention rate, wage at placement, wage growth, reduction and

21  elimination of reliance on public assistance, and savings

22  resulting from reduced reliance on public assistance.

23         4.  High Skills/High Wages measures may include job

24  placement rate, job retention rate, wage at placement, and

25  wage growth.

26         (c)  The third tier of measures must be the operational

27  output measures to be used by the agency implementing

28  programs, and it may be specific to federal requirements. The

29  tier-three measures must be developed by the agencies

30  implementing programs, and the Workforce Development Board may

31  be consulted in this effort. Such measures must be reported to


                                 121

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  the Workforce Development Board by the appropriate

  2  implementing agency.

  3         (d)  Regional differences must be reflected in the

  4  establishment of performance goals and may include job

  5  availability, unemployment rates, average worker wage, and

  6  available employable population. All performance goals must be

  7  derived from the goals, principles, and strategies established

  8  in the Workforce Florida Act of 1996.

  9         (e)  Job placement must be reported pursuant to s.

10  229.8075. Positive outcomes for providers of education and

11  training must be consistent with ss. 239.233 and 239.245.

12         (f)  The uniform measures of success that are adopted

13  by the Workforce Development Board or the regional workforce

14  development boards must be developed in a manner that provides

15  for an equitable comparison of the relative success or failure

16  of any service provider in terms of positive outcomes.

17         (g)  By October 15 of each year, the Workforce

18  Development Board shall provide the Legislature with a report

19  detailing the performance of Florida's workforce development

20  system, as reflected in the three-tier measurement system.

21  Additionally, this report must benchmark Florida outcomes, at

22  all tiers, against other states that collect data similarly.

23         Section 33.  Section 446.602, Florida Statutes, is

24  transferred, renumbered as section 288.9953, Florida Statutes,

25  and amended to read:

26         288.9953 446.602  Regional Workforce Development

27  Boards.--

28         (1)  One regional workforce development board Regional

29  Workforce Development Board shall be appointed in each

30  designated service delivery area and shall serve as the local

31  workforce investment board pursuant to Pub. L. No. 105-220.


                                 122

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  The membership and responsibilities of the board shall be

  2  consistent with Pub. L. No. 105-220, Title I, s. 117(b), and

  3  contain three representatives of organized labor. A member of

  4  a regional workforce development board may not vote on a

  5  matter under consideration by the board regarding the

  6  provision of services by such member, or by an entity that

  7  such member represents; vote on a matter that would provide

  8  direct financial benefit to such member or the immediate

  9  family of such member; or engage in any other activity

10  determined by the Governor to constitute a conflict of

11  interest as specified in the state plan. 97-300, as amended.

12  The board shall be appointed by the chief elected official or

13  his or her designee of the local county or city governing

14  bodies or consortiums of county and/or city governmental units

15  that exist through interlocal agreements and shall include:

16         (a)  At least 51 percent of the members of each board

17  being from the private sector and being chief executives,

18  chief operating officers, owners of business concerns, or

19  other private sector executives with substantial management or

20  policy responsibility.

21         (b)  Representatives of organized labor and

22  community-based organizations, who shall constitute not less

23  than 15 percent of the board members.

24         (c)  Representatives of educational agencies, including

25  presidents of local community colleges, superintendents of

26  local school districts, licensed private postsecondary

27  educational institutions participating in vocational education

28  and job training in the state and conducting programs on the

29  Occupational Forecasting Conference list or a list validated

30  by the Regional Workforce Development Board; vocational

31  rehabilitation agencies; economic development agencies; public


                                 123

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  assistance agencies; and public employment service.  One of

  2  the representatives from licensed private postsecondary

  3  educational institutions shall be from a degree-granting

  4  institution, and one from an institution offering certificate

  5  or diploma programs.  One of these members shall be a

  6  nonprofit, community-based organization which provides direct

  7  job training and placement services to hard-to-serve

  8  individuals including the target population of people with

  9  disabilities.

10

11  The current Private Industry Council may be restructured, by

12  local agreement, to meet the criteria for a Regional Workforce

13  Development Board.

14         (2)  The Workforce Development Board will determine the

15  timeframe and manner of changes to the regional workforce

16  development boards as required by this act and Pub. L. No.

17  105-220.

18         (3)  The Workforce Development Board shall assign staff

19  to meet with each regional workforce development board

20  annually to review the board's performance and to certify that

21  the board is in compliance with applicable state and federal

22  law.

23         (4)(2)  In addition to the duties and functions

24  specified by the Workforce Development Board Enterprise

25  Florida Jobs and Education Partnership and by the interlocal

26  agreement approved by the local county or city governing

27  bodies, the regional workforce development board Regional

28  Workforce Development Board shall have the following

29  responsibilities:

30         (a)  Develop, submit, ratify, or amend Review, approve,

31  and ratify the local Job Training Partnership Act plan


                                 124

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  pursuant to Pub. L. No. 105-220, Title I, s. 118 which also

  2  must be signed by the chief elected officials.

  3         (b)  Conclude agreements necessary to designate the

  4  fiscal agent and administrative entity.

  5         (c)  Complete assurances required for the Workforce

  6  Development Board Enterprise Florida Jobs and Education

  7  Partnership charter process and provide ongoing oversight

  8  related to administrative costs, duplicated services, career

  9  counseling, economic development, equal access, compliance and

10  accountability, and performance outcomes.

11         (d)  Oversee One-Stop Career Centers in its local area.

12         (5)(3)  The Workforce Development Board Enterprise

13  Florida Jobs and Education Partnership shall, by January 1,

14  1997, design and implement a training program for the regional

15  workforce development boards Regional Workforce Development

16  Boards to familiarize board members with the state's workforce

17  development goals and strategies.

18

19  The regional workforce development board Regional Workforce

20  Development Board shall designate all local service providers

21  and shall not transfer this authority to a third party.  In

22  order to exercise independent oversight, the regional

23  workforce development board Regional Workforce Development

24  Board shall not be a direct provider of intake, assessment,

25  eligibility determinations, or other direct provider services.

26         (6)  Regional workforce development boards may appoint

27  local committees to obtain technical assistance on issues of

28  importance, including those issues affecting older workers.

29         (7)  Each regional workforce development board shall

30  establish a high skills/high wages committee consisting of

31  five private-sector business representatives, including the


                                 125

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  regional workforce development board chair; the presidents of

  2  all community colleges within the board's region; those

  3  district school superintendents with authority for conducting

  4  postsecondary educational programs within the region; and a

  5  representative from a nonpublic postsecondary educational

  6  institution that is an authorized individual training account

  7  provider within the region. The business representatives other

  8  than the board chair need not be members of the regional

  9  workforce development board.

10         (a)  During fiscal year 1999-2000, each high

11  skills/high wages committee shall submit, quarterly,

12  recommendations to the Workforce Development Board related to:

13         1.  Policies to enhance the responsiveness of high

14  skills/high wages programs in its region to business and

15  economic development opportunities.

16         2.  Integrated use of state education and federal

17  workforce development funds to enhance the training and

18  placement of designated population individuals with local

19  businesses and industries.

20         (b)  After fiscal year 1999-2000, the Workforce

21  Development Board has the discretion to decrease the frequency

22  of reporting by the high skills/high wages committees, but the

23  committees shall meet and submit any recommendations at least

24  annually.

25         (c)  Annually, the Workforce Development Board shall

26  compile all the recommendations of the high skills/high wages

27  committees, research their feasibility, and make

28  recommendations to the Governor, the President of the Senate,

29  and the Speaker of the House of Representatives.

30

31


                                 126

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         Section 34.  Section 446.607, Florida Statutes, is

  2  transferred, renumbered as section 288.9954, Florida Statutes,

  3  and amended to read:

  4         288.9954 446.607  Consultation, consolidation, and

  5  coordination.--The Workforce Development Board Enterprise

  6  Florida Jobs and Education Partnership and the WAGES Program

  7  State Board of Directors any state public assistance policy

  8  board established pursuant to law shall consult with each

  9  other in developing each of their statewide implementation

10  plans and strategies. The regional workforce development

11  boards Regional Workforce Development Boards and local WAGES

12  coalitions any local public assistance policy boards

13  established pursuant to law may elect to consolidate into one

14  board provided that the consolidated board membership complies

15  with the requirements of Pub. L. No. 105-220, Title I, s.

16  117(b) 97-300, as amended, and with any other law delineating

17  the membership requirements for either of the separate boards.

18  The regional workforce development boards Regional Workforce

19  Development Boards and local WAGES coalitions any respective

20  local public assistance policy board established pursuant to

21  law shall collaboratively coordinate, to the maximum extent

22  possible, the local services and activities provided by and

23  through each of these boards and coalitions and their

24  designated local service providers.

25         Section 35.  Section 446.603, Florida Statutes, is

26  transferred, renumbered as section 288.9955, Florida Statutes,

27  and amended to read:

28         288.9955 446.603  Untried Worker Placement and

29  Employment Incentive Act.--

30         (1)  This section may be cited as the "Untried Worker

31  Placement and Employment Incentive Act."


                                 127

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (2)  For purposes of this section, the term "untried

  2  worker" means a person who is a hard-to-place participant in

  3  the Work and Gain Economic Self-sufficiency Program (WAGES)

  4  welfare-to-work programs of the Department of Labor and

  5  Employment Security or the Department of Health and

  6  Rehabilitative Services because he or she has they have

  7  limitations associated with the long-term receipt of welfare

  8  and difficulty in sustaining employment, particularly because

  9  of physical or mental disabilities.

10         (3)  The Department of Labor and Employment Security

11  and the Department of Health and Rehabilitative Services,

12  working with the Enterprise Florida Jobs and Education

13  Partnership, shall develop five Untried Worker Placement and

14  Employment Incentive pilot projects in at least five different

15  counties.

16         (3)(4)  Incentive In these pilots, incentive payments

17  may will be made to for-profit or not-for-profit agents

18  selected by local WAGES coalitions the Regional Workforce

19  Development Boards who successfully place untried workers in

20  full-time employment for 6 months with an employer after the

21  employee successfully completes a probationary placement of no

22  more than 6 months with that employer.  Full-time employment

23  that includes health care benefits will receive an additional

24  incentive payment.

25         (4)(5)  The for-profit and not-for-profit agents shall

26  contract to provide services for no more than 1 year.

27  Contracts may be renewed upon successful review by the

28  contracting agent.

29         (5)(6)  Incentives must be paid according to the The

30  Department of Labor and Employment Security and the Department

31  of Health and Rehabilitative Services, working with the


                                 128

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Enterprise Florida Jobs and Education Partnership, shall

  2  develop an incentive schedule developed by the Department of

  3  Labor and Employment Security and the Department of Children

  4  and Family Services which that costs the state less per

  5  placement than the state's 12-month expenditure on a welfare

  6  recipient.

  7         (6)(7)  During an untried worker's probationary

  8  placement, the for-profit or not-for-profit agent shall be the

  9  employer of record of that untried worker, and shall provide

10  workers' compensation and unemployment compensation coverage

11  as provided by law.  The business employing the untried worker

12  through the agent may be eligible to apply for any tax

13  credits, wage supplementation, wage subsidy, or employer

14  payment for that employee that are authorized in law or by

15  agreement with the employer.  After satisfactory completion of

16  such a probationary period, an untried worker shall not be

17  considered an untried worker.

18         (7)(8)  This section shall not be used for the purpose

19  of displacing or replacing an employer's regular employees,

20  and shall not interfere with executed collective bargaining

21  agreements.  Untried workers shall be paid by the employer at

22  the same rate as similarly situated and assessed workers in

23  the same place of employment.

24         (8)(9)  An employer that demonstrates a pattern of

25  unsuccessful placements shall be disqualified from

26  participation in these pilots because of poor return on the

27  public's investment.

28         (9)(10)  The Department of Labor and Employment

29  Security and the Department of Health and Rehabilitative

30  Services, working with the Enterprise Florida Jobs and

31  Education Partnership, may offer to Any employer that chooses


                                 129

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  to employ untried workers is eligible to receive such

  2  incentives and benefits that are available and provided in

  3  law, as long as the long-term, cost savings can be quantified

  4  with each such additional inducement.

  5         (11)  Unless otherwise reenacted, this section shall be

  6  repealed on July 1, 1999.

  7         Section 36.  Section 288.9956, Florida Statutes, is

  8  created to read:

  9         288.9956  Implementation of the federal Workforce

10  Investment Act of 1998.--

11         (1)  WORKFORCE INVESTMENT ACT PRINCIPLES.--The state's

12  approach to implementing the federal Workforce Investment Act

13  of 1998, Pub. L. No. 105-220, should have six elements:

14         (a)  Streamlining Services--Florida's employment and

15  training programs must be coordinated and consolidated at

16  locally managed One-Stop Career Centers.

17         (b)  Empowering Individuals--Eligible participants will

18  make informed decisions, choosing the qualified training

19  program that best meets their needs.

20         (c)  Universal Access--Through One-Stop Career Centers,

21  every Floridian will have access to employment services.

22         (d)  Increased Accountability--The state, localities,

23  and training providers will be held accountable for their

24  performance.

25         (e)  Local Board and Private Sector Leadership--Local

26  boards will focus on strategic planning, policy development,

27  and oversight of the local system, choosing local managers to

28  direct the operational details of their One-Stop Career

29  Centers.

30         (f)  Local Flexibility and Integration--Localities will

31  have exceptional flexibility to build on existing reforms.


                                 130

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Unified planning will free local groups from conflicting

  2  micro-management, while waivers and WorkFlex will allow local

  3  innovations.

  4         (2)  FIVE-YEAR PLAN.--The Workforce Development Board

  5  shall prepare and submit a 5-year plan, which includes

  6  secondary vocational education, to fulfill the early

  7  implementation requirements of Pub. L. No. 105-220 and

  8  applicable state statutes. Mandatory federal partners and

  9  optional federal partners, including the WAGES Program State

10  Board of Directors, shall be fully involved in designing the

11  plan's One-Stop Career Center system strategy. The plan shall

12  detail a process to clearly define each program's statewide

13  duties and role relating to the system. Any optional federal

14  partner may immediately choose to fully integrate its

15  program's plan with this plan, which shall, notwithstanding

16  any other state provisions, fulfill all their state planning

17  and reporting requirements as they relate to One-Stop Career

18  Centers. The plan shall detail a process that would fully

19  integrate all federally mandated and optional partners by the

20  second year of the plan. All optional federal program partners

21  in the planning process shall be mandatory participants in the

22  second year of the plan.

23         (3)  FUNDING.--

24         (a)  Title I, Workforce Investment Act of 1998 funds;

25  Wagner-Peyser funds; and NAFTA/Trade Act funds will be

26  expended based on the Workforce Development Board's 5-year

27  plan. The plan shall outline and direct the method used to

28  administer and coordinate various funds and programs that are

29  operated by various agencies. The following provisions shall

30  also apply to these funds:

31


                                 131

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         1.  At least 50 percent of the Title I funds for Adults

  2  and Dislocated Workers that are passed through to regional

  3  workforce development boards shall be allocated to Individual

  4  Training Accounts unless a regional workforce development

  5  board obtains a waiver from the Workforce Development Board.

  6  Tuition, fees, and performance-based incentive awards paid in

  7  compliance with Florida's Performance-Based Incentive Fund

  8  Program qualify as an Individual Training Account expenditure,

  9  as do other programs developed by regional workforce

10  development boards in compliance with the Workforce

11  Development Board's policies.

12         2.  Twenty-five percent of Wagner-Peyser funds shall be

13  allocated to Intensive Services Accounts unless a regional

14  workforce development board obtains a waiver from the

15  Workforce Development Board. Except where prohibited by

16  federal law, or approved by the Workforce Development Board,

17  all core services provided pursuant to Pub. L. No. 105-220

18  shall be funded using Wagner-Peyser funds.

19         3.  Fifteen percent of Title I funding shall be

20  retained at the state level and shall be dedicated to state

21  administration and used to design, develop, induce, and fund

22  innovative Individual Training Account pilots, demonstrations,

23  and programs. Eligible state administration costs include the

24  costs of: funding of the Workforce Development Board and

25  Workforce Development Board's staff; operating fiscal,

26  compliance, and management accountability systems through the

27  Workforce Development Board; conducting evaluation and

28  research on workforce development activities; and providing

29  technical and capacity building assistance to regions at the

30  direction of the Workforce Development Board. Notwithstanding

31  s. 288.9952, such administrative costs shall not exceed 25


                                 132

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  percent of these funds. Seventy percent of these funds shall

  2  be allocated to Individual Training Accounts for: the Minority

  3  Teacher Education Scholars program, the Certified Teacher-Aide

  4  program, the Self-Employment Institute, and other Individual

  5  Training Accounts designed and tailored by the Workforce

  6  Development Board, including, but not limited to, programs for

  7  incumbent workers, displaced homemakers, nontraditional

  8  employment, empowerment zones, and enterprise zones. The

  9  Workforce Development Board shall design, adopt, and fund

10  Individual Training Accounts for distressed urban and rural

11  communities. The remaining 5 percent shall be reserved for the

12  Incumbent Worker Training Program.

13         4.  The Incumbent Worker Training Program is created

14  for the purpose of providing grant funding for continuing

15  education and training of incumbent employees at existing

16  Florida businesses. The program will provide reimbursement

17  grants to businesses that pay for preapproved, direct,

18  training-related costs.

19         a.  The Incumbent Worker Training Program will be

20  administered by a private business organization, known as the

21  grant administrator, under contract with the Workforce

22  Development Board.

23         b.  To be eligible for the program's grant funding, a

24  business must have been in operation in Florida for a minimum

25  of 1 year prior to the application for grant funding; have at

26  least one full-time employee; demonstrate financial viability;

27  and be current on all state tax obligations. Priority for

28  funding shall be given to businesses with 25 employees or

29  fewer, businesses in rural areas, businesses in distressed

30  inner-city areas, or businesses whose grant proposals

31  represent a significant upgrade in employee skills.


                                 133

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         c.  All costs reimbursed by the program must be

  2  preapproved by the grant administrator. The program will not

  3  reimburse businesses for trainee wages, the purchase of

  4  capital equipment, or the purchase of any item or service that

  5  may possibly be used outside the training project. A business

  6  approved for a grant may be reimbursed for preapproved,

  7  direct, training-related costs including tuition and fees;

  8  books and classroom materials; and administrative costs not to

  9  exceed 5 percent of the grant amount.

10         d.  A business that is selected to receive grant

11  funding must provide a matching contribution to the training

12  project, including but not limited to, wages paid to trainees

13  or the purchase of capital equipment used in the training

14  project; must sign an agreement with the grant administrator

15  to complete the training project as proposed in the

16  application; must keep accurate records of the project's

17  implementation process; and must submit monthly or quarterly

18  reimbursement requests with required documentation.

19         e.  All Incumbent Worker Training Program grant

20  projects shall be performance-based with specific measurable

21  performance outcomes, including completion of the training

22  project and job retention. The grant administrator shall

23  withhold the final payment to the grantee until a final grant

24  report is submitted and all performance criteria specified in

25  the grant contract have been achieved.

26         f.  The Workforce Development Board is authorized to

27  establish guidelines necessary to implement the Incumbent

28  Worker Training Program.

29         g.  No more than 10 percent of the Incumbent Worker

30  Training Program's appropriation may be used for

31  administrative purposes.


                                 134

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         h.  The grant administrator is required to submit a

  2  report to the Workforce Development Board and the Legislature

  3  on the financial and general operations of the Incumbent

  4  Worker Training Program. Such report will be due before

  5  December 1 of any fiscal year for which the program is funded

  6  by the Legislature.

  7         5.  At least 50 percent of Rapid Response funding shall

  8  be dedicated to Intensive Services Accounts and Individual

  9  Training Accounts for dislocated workers and incumbent workers

10  who are at risk of dislocation. The Workforce Development

11  Board shall also maintain an Emergency Preparedness Fund from

12  Rapid Response funds which will immediately issue Intensive

13  Service Accounts and Individual Training Accounts as well as

14  other federally authorized assistance to eligible victims of

15  natural or other disasters. The state shall retain a limited

16  reserve of Rapid Response funds for rapid response activities

17  at the state level. All Rapid Response funds must be expended

18  based on a plan developed by the Workforce Development Board.

19         (b)  The administrative entity for Title I, Workforce

20  Investment Act of 1998 funds, Wagner Peyser, and Rapid

21  Response activities, will be determined by the Workforce

22  Development Board.  The administrative entity will provide

23  services through a contractual agreement with the Workforce

24  Development Board. The terms and conditions of the agreement

25  may include, but are not limited to, the following:

26         1.  All policy direction to regional workforce

27  development boards regarding Title I programs, Wagner Peyser,

28  and Rapid Response activities shall emanate from the Workforce

29  Development Board.

30         2.  Any policies by a state agency acting as an

31  administrative entity which may materially impact local


                                 135

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  workforce boards, local governments, or educational

  2  institutions must be promulgated under chapter 120.

  3         3.  The administrative entity will operate under a

  4  procedures manual, approved by the Workforce Development

  5  Board, addressing: financial services including cash

  6  management, accounting, and auditing; procurement; management

  7  information system services; and federal and state compliance

  8  monitoring, including quality control.

  9         4.  State Career Service employees in the Department of

10  Labor and Employment Security may be leased or assigned to the

11  administrative entity to provide administrative and

12  professional functions.

13         (4)  FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED

14  MODIFICATIONS.--

15         (a)  The Workforce Development Board may provide

16  indemnification from audit liabilities to regional workforce

17  development boards that act in full compliance with state law

18  and the board's policies.

19         (b)  The Workforce Development Board may negotiate and

20  settle all outstanding issues with the U.S. Department of

21  Labor relating to decisions made by the Workforce Development

22  Board and the Legislature with regard to the Job Training

23  Partnership Act, making settlements and closing out all JTPA

24  program year grants before the repeal of the act June 30,

25  2000.

26         (c)  The Workforce Development Board may make

27  modifications to the state's plan, policies, and procedures to

28  comply with federally mandated requirements that in its

29  judgment must be complied with to maintain funding provided

30  pursuant to Pub. L. No. 105-220. The board shall notify in

31  writing the Governor, the President of the Senate, and the


                                 136

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Speaker of the House of Representatives within 30 days of any

  2  such changes or modifications.

  3         (5)  The Department of Labor and Employment Security

  4  shall phase-down JTPA duties before the federal program is

  5  abolished July 1, 2000.  Outstanding accounts and issues shall

  6  be promptly closed out after this date.

  7         (6)  LONG-TERM CONSOLIDATION OF WORKFORCE

  8  DEVELOPMENT.--

  9         (a)  The Workforce Development Board may recommend

10  workforce-related divisions, bureaus, units, programs, duties,

11  commissions, boards, and councils that can be eliminated,

12  consolidated, or privatized.

13         (b)  By December 31, 1999, the Office of Program Policy

14  Analysis and Government Accountability shall review the

15  workforce development system, identifying divisions, bureaus,

16  units, programs, duties, commissions, boards, and councils

17  that could be eliminated, consolidated, or privatized. The

18  office shall submit preliminary findings by December 31, 1999,

19  and its final report and recommendations by January 31, 2000,

20  to the President of the Senate and the Speaker of the House of

21  Representatives.  As part of the report, the Office of Program

22  Policy Analysis and Government Accountability shall

23  specifically identify, by funding stream, indirect,

24  administrative, management information system, and overhead

25  costs of the Department of Labor and Employment Security.

26         (7)  TERMINATION OF STATE SET-ASIDE.--The Department of

27  Education and the Department of Elderly Affairs shall keep any

28  unexpended JTPA Section 123 (Education Coordination) or JTPA

29  IIA (Services for Older Adults) funds to closeout their

30  education and coordination activities. The Workforce

31  Development Board shall develop guidelines under which the


                                 137

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  departments may negotiate with the regional workforce

  2  development boards to provide continuation of activities and

  3  services currently conducted with the JTPA Section 123 or JTPA

  4  IIA funds.

  5         Section 37.  Section 288.9957, Florida Statutes, is

  6  created to read:

  7         288.9957  Florida Youth Workforce Council.--

  8         (1)  The chairman of the Workforce Development Board

  9  shall designate the Florida Youth Workforce Council from

10  representatives of distressed inner-city and rural communities

11  who have demonstrated experience working with at-risk youth,

12  and representatives of public and private groups, including,

13  but not limited to, School-to-Work Advisory Councils, the

14  National Guard, Childrens' Services Councils, Juvenile Welfare

15  Boards, the Apprenticeship Council, Juvenile Justice Advisory

16  Boards, and other federal and state programs that target

17  youth, to advise the board on youth programs and to implement

18  Workforce Development Board strategies for young people.

19         (2)  The Florida Youth Workforce Council shall oversee

20  the development of regional youth workforce councils, as a

21  subgroup of each regional workforce development board, which

22  will be responsible for developing required local plans

23  relating to youth, recommending providers of youth activities

24  to be awarded grants by the regional workforce development

25  board, conducting oversight of these providers, and

26  coordinating youth activities in the region.

27         (3)  Resources awarded to regions for youth activities

28  shall fund community activities including the Minority Teacher

29  Education Scholars program, the Certified Teacher-Aide

30  program, and the "About Face" program of the Department of

31  Military Affairs, as well as other programs designed and


                                 138

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  tailored by the regional youth workforce council and regional

  2  workforce development board.

  3         (4)  Regional youth workforce councils must leverage

  4  other program funds in order to enlist youth workforce program

  5  stakeholders in their community in upgrading each

  6  stakeholder's effectiveness through collaborative planning,

  7  implementation, and funding.

  8         (5)  The Florida Youth Workforce Council shall report

  9  annually by December 1 to the Workforce Development Board the

10  total aggregate funding impact of this effort, including the

11  inventory of collaborative funding partners in each region and

12  their contributions.

13         (6)  Ten percent of youth funds allocated under Pub. L.

14  No. 105-220 to the regional workforce development boards shall

15  be used to leverage public schools' dropout-prevention funds

16  through performance payments for outcomes specified by the

17  Workforce Development Board.

18         Section 38.  Section 288.9958, Florida Statutes, is

19  created to read:

20         288.9958  Employment, Occupation, and Performance

21  Information Coordinating Committee.--

22         (1)  By July 15, 1999, the chairman of the Workforce

23  Development Board shall appoint an Employment, Occupation, and

24  Performance Information Coordinating Committee, which shall

25  assemble all employment, occupational, and performance

26  information from workforce development partners into a single

27  integrated informational system. The committee shall include

28  representatives from the Bureau of Labor Market and

29  Performance Information, Florida Education and Training

30  Placement Information Program, and the State Occupational

31


                                 139

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Forecasting Conference, as well as other public or private

  2  members with information expertise.

  3         (2)  The committee shall initially focus on the timely

  4  provision of data necessary for planning, consumer reports,

  5  and performance accountability reports necessary for the

  6  selection of training service providers, as well as state and

  7  local board program assessment, completing these tasks no

  8  later than October 1, 1999.

  9         (3)  By December 1, 1999, the committee shall establish

10  outcome measures that enable an assessment of the Workforce

11  Development Board's coordinating and oversight

12  responsibilities.

13         (4)  By June 30, 2000, the committee shall develop an

14  integrated and comprehensive accountability system that can be

15  used to evaluate and report on the effectiveness of Florida's

16  workforce development system as required by state law.

17         (5)  To ensure the fulfillment of these requirements,

18  the Workforce Development Board may direct the Department of

19  Labor and Employment Security, the Department of Education,

20  and the Department of Children and Family Services to provide

21  such services and assign such staff to this committee as it

22  deems necessary until June 30, 2000.

23         Section 39.  Section 288.9959, Florida Statutes, is

24  created to read:

25         288.9959  Operational Design and Technology Procurement

26  Committee.--

27         (1)  The chairman of the Workforce Development Board

28  shall appoint an Operational Design and Technology Procurement

29  Committee, which shall assemble representatives from the

30  regional workforce development boards, board staff, and the

31  staff of the WAGES State Board of Directors to design and


                                 140

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  develop a model operational design and technology procurement

  2  strategy for One-Stop Career Centers to ensure that services

  3  from region to region are consistent for customers, that

  4  customer service technology is compatible, and that

  5  procurement expenditures, where possible, are aggregated to

  6  obtain economies and efficiencies.

  7         (2)  The committee shall initially focus on designing a

  8  uniform intake procedure for all One-Stop Career Centers; on

  9  the design and delivery of customer reports on eligible

10  training providers; on the design of Intensive Services

11  Accounts, Individual Training Accounts, and Individual

12  Development Accounts; on enhancing availability of electronic

13  One-Stop Career Center core services; and on the development

14  of One-Stop Career Center model operating procedures.

15         (3)  To ensure the fulfillment of these requirements,

16  the Workforce Development Board may direct the Department of

17  Labor and Employment Security, the Department of Education,

18  and the Department of Children and Family Services to provide

19  such services and assign such staff to this committee as it

20  deems necessary until June 30, 2000.

21         Section 40.  Paragraph (a) of subsection (2) of section

22  414.026, Florida Statutes, 1998 Supplement, is amended to

23  read:

24         414.026  WAGES Program State Board of Directors.--

25         (2)(a)  The board of directors shall be composed of the

26  following members:

27         1.  The Commissioner of Education, or the

28  commissioner's designee.

29         2.  The Secretary of Children and Family Services.

30         3.  The Secretary of Health.

31         4.  The Secretary of Labor and Employment Security.


                                 141

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         5.  The Secretary of Community Affairs.

  2         6.  The Secretary of Transportation, or the secretary's

  3  designee.

  4         7.  The director of the Office of Tourism, Trade, and

  5  Economic Development.

  6         8.  The president of the Enterprise Florida workforce

  7  development board, established under s. 288.9952 s. 288.9620.

  8         9.  The chief executive officer of the Florida Tourism

  9  Industry Marketing Corporation, established under s. 288.1226.

10         10.  Nine members appointed by the Governor, as

11  follows:

12         a.  Six members shall be appointed from a list of ten

13  nominees, of which five must be submitted by the President of

14  the Senate and five must be submitted by the Speaker of the

15  House of Representatives. The list of five nominees submitted

16  by the President of the Senate and the Speaker of the House of

17  Representatives must each contain at least three individuals

18  employed in the private sector, two of whom must have

19  management experience. One of the five nominees submitted by

20  the President of the Senate and one of the five nominees

21  submitted by the Speaker of the House of Representatives must

22  be an elected local government official who shall serve as an

23  ex officio nonvoting member.

24         b.  Three members shall be at-large members appointed

25  by the Governor.

26         c.  Of the nine members appointed by the Governor, at

27  least six must be employed in the private sector and of these,

28  at least five must have management experience.

29

30  The members appointed by the Governor shall be appointed to

31  4-year, staggered terms. Within 60 days after a vacancy occurs


                                 142

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  on the board, the Governor shall fill the vacancy of a member

  2  appointed from the nominees submitted by the President of the

  3  Senate and the Speaker of the House of Representatives for the

  4  remainder of the unexpired term from one nominee submitted by

  5  the President of the Senate and one nominee submitted by the

  6  Speaker of the House of Representatives. Within 60 days after

  7  a vacancy of a member appointed at-large by the Governor

  8  occurs on the board, the Governor shall fill the vacancy for

  9  the remainder of the unexpired term. The composition of the

10  board must generally reflect the racial, gender, and ethnic

11  diversity of the state as a whole.

12         Section 41.  Sections 446.20, 446.205, 446.605, and

13  446.606, Florida Statutes, are repealed effective June 30,

14  2000.

15         Section 42.  If any provision of sections 29 through 41

16  of this act or the application thereof to any person or

17  circumstance is held invalid, the invalidity does not affect

18  other provisions or applications of the act which can be given

19  effect without the invalid provision or application, and to

20  this end the provisions of this act are declared severable.

21         Section 43.  Subsection (2) of section 220.191, Florida

22  Statutes, 1998 Supplement, is amended to read:

23         220.191  Capital investment tax credit.--

24         (2)  An annual credit against the tax imposed by this

25  chapter shall be granted to any qualifying business in an

26  amount equal to 5 percent of the eligible capital costs

27  generated by a qualifying project, for a period not to exceed

28  20 years beginning with the commencement of operations of the

29  project. The tax credit shall be granted against only the

30  corporate income tax liability or the premium tax liability

31  generated by or arising out of the qualifying project, and the


                                 143

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  sum of all tax credits provided pursuant to this section shall

  2  not exceed 100 percent of the eligible capital costs of the

  3  project. In no event may any credit granted under this section

  4  be carried forward or backward by any qualifying business with

  5  respect to a subsequent or prior year. The annual tax credit

  6  granted under this section shall not exceed the following

  7  percentages of the annual corporate income tax liability or

  8  the premium tax liability generated by or arising out of a

  9  qualifying project:

10         (a)  One hundred percent for a qualifying project which

11  results in a cumulative capital investment of at least $100

12  million.

13         (b)  Seventy-five percent for a qualifying project

14  which results in a cumulative capital investment of at least

15  $50 million but less than $100 million.

16         (c)  Fifty percent for a qualifying project which

17  results in a cumulative capital investment of at least $25

18  million but less than $50 million.

19

20  A qualifying project which results in a cumulative capital

21  investment of less than $25 million is not eligible for the

22  capital investment tax credit. An insurance company claiming a

23  credit against premium tax liability under this program shall

24  not be required to pay any additional retaliatory tax levied

25  pursuant to s. 624.5091 as a result of claiming such credit.

26  Because credits under this section are available to an

27  insurance company, s. 624.5091 does not limit such credit in

28  any manner.

29         Section 44.  Subsection (7) of section 163.3178,

30  Florida Statutes, is amended to read:

31         163.3178  Coastal management.--


                                 144

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (7)  Each port listed in s. 311.09(1) and each local

  2  government in the coastal area which has spoil disposal

  3  responsibilities shall provide for or identify disposal sites

  4  for dredged materials in the future land use and port elements

  5  of the local comprehensive plan as needed to assure proper

  6  long-term management of material dredged from navigation

  7  channels, sufficient long-range disposal capacity,

  8  environmental sensitivity and compatibility, and reasonable

  9  cost and transportation.  The disposal site selection criteria

10  shall be developed in consultation with navigation and inlet

11  districts and other appropriate state and federal agencies and

12  the public. For areas owned or controlled by ports listed in

13  s. 311.09(1) and proposed port expansion areas, compliance

14  with the provisions of this subsection shall be achieved

15  through comprehensive master plans prepared by each port and

16  integrated with the appropriate local plan pursuant to

17  paragraph (2)(k).

18         Section 45.  Paragraph (h) is added to subsection (1)

19  of section 163.3187, Florida Statutes, 1998 Supplement, and

20  paragraph (a) of subsection (6) of that section is amended, to

21  read:

22         163.3187  Amendment of adopted comprehensive plan.--

23         (1)  Amendments to comprehensive plans adopted pursuant

24  to this part may be made not more than two times during any

25  calendar year, except:

26         (h)  Any comprehensive plan amendments for port

27  transportation facilities and projects that are eligible for

28  funding by the Florida Seaport Transportation and Economic

29  Development Council pursuant to s. 311.07.

30         (6)(a)  No local government may amend its comprehensive

31  plan after the date established by the state land planning


                                 145

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  agency for adoption of its evaluation and appraisal report

  2  unless it has submitted its report or addendum to the state

  3  land planning agency as prescribed by s. 163.3191, except for

  4  plan amendments described in paragraph (1)(b) or paragraph

  5  (1)(h).

  6         Section 46.  Subsection (4) is added to section 253.77,

  7  Florida Statutes, to read:

  8         253.77  State lands; state agency authorization for use

  9  prohibited without consent of agency in which title vested;

10  concurrent processing requirements.--

11         (4)  Notwithstanding any other provision of this

12  chapter, chapter 373, or chapter 403, for activities

13  authorized by a permit or exemption pursuant to chapter 373 or

14  chapter 403, ports listed in s. 403.021(9)(b) and inland

15  navigation districts created pursuant to s. 374.975(3) shall

16  not be required to pay any fees for activities involving the

17  use of sovereign lands, including leases, easements, or

18  consents of use.

19         Section 47.  Section 288.8155, Florida Statutes, is

20  amended to read:

21         (Substantial rewording of section. See

22         s. 288.8155, F.S., for present text.)

23         288.8155  International Trade Data Resource and

24  Research Center.--Enterprise Florida, Inc., and the Florida

25  Seaport Transportation and Economic Development Council shall

26  establish a comprehensive trade data resource and research

27  center to be known as the "International Trade Data Resource

28  and Research Center."  The center shall be incorporated as a

29  private nonprofit corporation operated in compliance with

30  chapter 617, and shall not be a unit or entity of state

31  government.


                                 146

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (1)  The center shall be governed by a board of

  2  directors composed of the following members: one

  3  representative appointed by Enterprise Florida, Inc., one

  4  representative appointed by the Florida Seaport Transportation

  5  and Economic Development Council, and one representative

  6  appointed by the Office of Tourism, Trade, and Economic

  7  Development.

  8         (2)  In addition to all powers authorized pursuant to

  9  chapter 617, the center shall have the power to:

10         (a)  Develop a state-wide trade information system that

11  may include, but is not limited to, timely import and export

12  information; trade opportunities; intermodal transportation

13  information that measures cargo flow by transportation mode;

14  commodity trends; trade activity between Florida and specific

15  countries; and other information as determined by the board of

16  directors.

17         (b)  Develop an Internet based electronic commerce

18  system designed to facilitate international trade in the

19  Americas.

20         (c)  Provide research on trade opportunities in

21  specific countries.

22         (d)  Provide any other terms and conditions required to

23  effect the intent of the Legislature to ensure the general

24  availability of trade data and research to Florida users and

25  to promote the development of a center for the purposes

26  enumerated in this section.

27         (e)  Make and enter into contracts and other

28  instruments with public or private-sector entities, domestic

29  or foreign, necessary or convenient for the purpose of

30  exercising or performing its powers and functions.

31


                                 147

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (f)  Secure funding for the programs and activities of

  2  the center from federal, state, local, or private sources, and

  3  enter into contracts that provide terms and conditions to

  4  secure such funding.

  5         (g)  Charge fees for services, programs, and activities

  6  developed pursuant to this section and for published

  7  materials.

  8         (h)  Solicit, receive, hold, invest, and administer any

  9  grant, payment, or gift of funds or property and make

10  expenditures consistent with the powers granted to it.

11         (i)  Acquire, enjoy, use, and dispose of patents,

12  copyrights, and trademarks and any licenses, royalties, and

13  other rights or interests thereunder or therein.

14         (3)  Information produced by the center will be made

15  available to Enterprise Florida, Inc., the Florida Seaport

16  Transportation and Economic Development Council, the Office of

17  Tourism, Trade, and Economic Development, and state agencies

18  under such terms as decided by the board of directors.

19         Section 48.  Section 311.07, Florida Statutes, is

20  amended to read:

21         311.07  Florida seaport transportation and economic

22  development funding.--

23         (1)  There is created the Florida Seaport

24  Transportation and Economic Development Program within the

25  Department of Transportation to finance port transportation or

26  port facilities and projects that will improve the movement

27  and intermodal transportation of cargo or passengers in

28  commerce and trade and that will support the interests,

29  purposes, and requirements of ports located in this state.

30         (2)  A minimum of $8 million per year shall be made

31  available from the State Transportation Trust Fund to fund the


                                 148

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Florida Seaport Transportation and Economic Development

  2  Program.

  3         (3)(a)  Program funds shall be used to fund approved

  4  projects on a 50-50 matching basis with any of the deepwater

  5  ports, as listed in s. 403.021(9)(b), which is governed by a

  6  public body or any other deepwater port which is governed by a

  7  public body and which complies with the water quality

  8  provisions of s. 403.061, the comprehensive master plan

  9  requirements of s. 163.3178(2)(k), the local financial

10  management and reporting provisions of part III of chapter

11  218, and the auditing provisions of s. 11.45(3)(a)4. Program

12  funds also may be used by the Seaport Transportation and

13  Economic Development Council to develop with the Florida Trade

14  Data Center such trade data, trade market, and shipping

15  information products that which will assist Florida's seaports

16  and international trade.

17         (b)  Projects eligible for funding by grants under the

18  program are limited to the following port transportation

19  facilities and or port transportation projects that

20  accommodate freight movement and storage capacity or cruise

21  capacity excluding transient lodging facilities:

22         1.  Transportation facilities within the jurisdiction

23  of the port.

24         2.  The dredging or deepening of channels, turning

25  basins, or harbors.

26         3.  The construction or rehabilitation of wharves,

27  docks, structures, jetties, piers, storage facilities, cruise

28  terminals, automated people mover systems, or any facilities

29  necessary or useful in connection with any of the foregoing.

30

31


                                 149

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         4.  The acquisition of container cranes or other

  2  mechanized equipment used in the movement of cargo or

  3  passengers in international commerce.

  4         5.  The acquisition of land to be used for port

  5  purposes, consistent with port master plans in compliance with

  6  s. 163.3178.

  7         6.  The acquisition, improvement, enlargement, or

  8  extension of existing port facilities, consistent with port

  9  master plans in compliance with s. 163.3178.

10         7.  Environmental protection projects which are

11  necessary because of requirements imposed by a state agency as

12  a condition of a permit or other form of state approval; which

13  are necessary for environmental mitigation required as a

14  condition of a state, federal, or local environmental permit;

15  which are necessary for the acquisition of spoil disposal

16  sites and improvements to existing and future spoil sites; or

17  which result from the funding of eligible projects listed

18  herein.

19         8.  Transportation facilities as defined in s.

20  334.03(31) which are not otherwise part of the Department of

21  Transportation's adopted work program.

22         9.  Seaport intermodal access projects identified in

23  the 5-year Florida Seaport Mission Plan as provided in s.

24  311.09(3).

25         (c)  To be eligible for consideration by the council

26  pursuant to this section, a project must be consistent with

27  the port comprehensive master plan which is incorporated as

28  part of the approved local government comprehensive plan as

29  required by s. 163.3178(2)(k) or other provisions of the Local

30  Government Comprehensive Planning and Land Development

31  Regulation Act, part II of chapter 163.


                                 150

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (4)  Program funds may also be used to fund:

  2         (a)  Construction or rehabilitation of port facilities,

  3  as defined in s. 315.02, in ports listed in s. 311.09(1) with

  4  operating revenues of $5 million or less, if such projects

  5  create economic development opportunities, capital

  6  improvements, and positive financial returns to the port.

  7         (b)  Trade corridor or systemwide freight mobility

  8  plans.

  9         (4)  A port eligible for matching funds under the

10  program may receive a distribution of not more than $7 million

11  during any 1 calendar year and a distribution of not more than

12  $30 million during any 5-calendar-year period.

13         (5)  Any port which receives funding under the program

14  shall institute procedures to ensure that jobs created as a

15  result of the state funding shall be subject to equal

16  opportunity hiring practices in the manner provided in s.

17  110.112.

18         (6)  The Department of Transportation shall ensure that

19  subject any project that receives funds pursuant to this

20  section and s. 320.20 is audited to a final audit.  The

21  department may adopt rules and perform such other acts as are

22  necessary or convenient to ensure that the final audits are

23  conducted and that any deficiency or questioned costs noted by

24  the audit are resolved.

25         Section 49.  Subsections (1), (4), (9), (11), and (12)

26  of section 311.09, Florida Statutes, are amended to read:

27         311.09  Florida Seaport Transportation and Economic

28  Development Council.--

29         (1)  The Florida Seaport Transportation and Economic

30  Development Council is created within the Department of

31  Transportation.  The council consists of the following 17


                                 151

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  members: the port director, or the port director's designee,

  2  of each of the ports of Jacksonville, Port Canaveral, Fort

  3  Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, St.

  4  Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key

  5  West, and Fernandina; the secretary of the Department of

  6  Transportation or his or her designee as an ex officio

  7  nonvoting member; the director of the Office of Tourism,

  8  Trade, and Economic Development or his or her designee as an

  9  ex officio nonvoting member; and the secretary of the

10  Department of Community Affairs or his or her designee as an

11  ex officio nonvoting member.

12         (4)  The council shall adopt rules for evaluating

13  projects that which may be funded under s. 311.07. The rules

14  shall provide criteria for evaluating the economic benefit of

15  the project, measured by the potential for the proposed

16  project to maintain or increase cargo flow, cruise passenger

17  movement, international commerce, port revenues, and the

18  number of jobs for the port's local community.

19         (9)  The council shall review the findings of the

20  Department of Community Affairs; the Office of Tourism, Trade,

21  and Economic Development; and the Department of

22  Transportation.  Projects found to be inconsistent pursuant to

23  subsections (6), (7), and (8) and projects which have been

24  determined not to offer an economic benefit to the state

25  pursuant to subsection (8) shall not be included in the list

26  of projects to be funded. Projects that are found to be

27  consistent, pursuant to subsections (6), (7), and (8), are

28  presumed to be in the public interest.

29         (11)  The council shall create a committee composed of

30  a representative from the Department of Community Affairs, a

31  representative from the Department of Transportation, a


                                 152

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  representative from the Office of Tourism, Trade, and Economic

  2  Development, and a representative from the council selected by

  3  the voting membership to review a project modification. The

  4  committee shall establish criteria to be used in the review of

  5  a project modification. The committee, acting for the council,

  6  shall determine the impact of such modification and whether it

  7  requires that the project be resubmitted to the council for

  8  approval or disapproval pursuant to subsection (5).

  9         (12)(11)  The council shall meet at the call of its

10  chairperson, at the request of a majority of its membership,

11  or at such times as may be prescribed in its bylaws.  However,

12  the council must meet at least semiannually.  A majority of

13  voting members of the council constitutes a quorum for the

14  purpose of transacting the business of the council.  All

15  members of the council are voting members except for members

16  representing the Department of Transportation; the Department

17  of Community Affairs; and the Office of Tourism, Trade, and

18  Economic Development.  A vote of the majority of the voting

19  members present is sufficient for any action of the council,

20  except that a member representing the Department of

21  Transportation, the Department of Community Affairs, or the

22  Office of Tourism, Trade, and Economic Development may vote to

23  overrule any action of the council approving a project

24  pursuant to subsection (5). The unless the bylaws of the

25  council require a greater vote for a particular action.

26         (13)(12)  Members of the council shall serve without

27  compensation but are entitled to receive reimbursement for per

28  diem and travel expenses as provided in s. 112.061.  The

29  council may elect to provide an administrative staff to

30  provide services to the council on matters relating to the

31  Florida Seaport Transportation and Economic Development


                                 153

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Program and the council.  The cost for such administrative

  2  services shall be paid by all ports that receive funding from

  3  the Florida Seaport Transportation and Economic Development

  4  Program, based upon a pro rata formula measured by each

  5  recipient's share of the funds as compared to the total funds

  6  disbursed to all recipients during the year.  The share of

  7  costs for administrative services shall be paid in its total

  8  amount by the recipient port upon execution by the port and

  9  the Department of Transportation of a joint participation

10  agreement for each council-approved project, or as otherwise

11  directed by the council, and such payment is in addition to

12  the matching funds required to be paid by the recipient port.

13         Section 50.  Section 311.101, Florida Statutes, is

14  created to read:

15         311.101  Department of Transportation; Seaport and

16  Intermodal Development.--

17         (1)  There is created, within the Office of the State

18  Public Transportation Administrator of the Department of

19  Transportation, the Office of Seaport and Intermodal

20  Development, to enhance this state's global competitiveness,

21  productivity, and efficiency in international trade and the

22  movement of people and goods to and from its intermodal

23  facilities. The Office of Seaport Development and Intermodal

24  Development shall:

25         (a)  Advise and assist the State Public Transportation

26  Administrator and the Secretary of Transportation in all

27  seaport and intermodal matters.

28         (b)  Coordinate the activities of the department and

29  its district offices regarding seaport and intermodal matters.

30         (c)  Review candidate projects approved by the Florida

31  Seaport Transportation and Economic Development Council to


                                 154

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  determine consistency with the Florida Transportation Plan and

  2  the department's adopted work program pursuant to s.

  3  311.09(7).

  4         (d)  Review, for consistency pursuant to s. 311.09(7),

  5  seaport intermodal access projects, as described in s.

  6  341.053(5) and funded pursuant to s. 320.20(4) and (5).

  7         (e)  Review any proposed project scope modification

  8  made to eligible projects approved by the Florida Seaport

  9  Transportation and Economic Development Council, pursuant to

10  s. 311.09(11).

11         (f)  Direct required audit reviews pursuant to s.

12  311.07(6) of any project that receives funds pursuant to this

13  chapter.

14         (g)  Administer seaport and intermodal development

15  activities of the department, pursuant to ss. 311.14, 320.20,

16  and 341.053.

17         (h)  Carry out any other seaport and intermodal

18  activities assigned to it by the Secretary of Transportation

19  to work cooperatively with the Florida Seaport Transportation

20  and Economic Development Council and others in administering

21  provisions pursuant to chapter 311 and ss. 320.20 and 341.053.

22         (2)  By February 1 of each year, the Department of

23  Transportation shall submit to the Governor, the President of

24  the Senate, and the Speaker of the House of Representatives a

25  detailed report on state seaport development efforts conducted

26  during the year.

27         Section 51.  Section 311.102, Florida Statutes, is

28  created to read:

29         311.102  Department of Community Affairs; Seaport and

30  Freight Mobility Planning.--There is created, within the

31  Department of Community Affairs, the Office of Seaport and


                                 155

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Freight Mobility Planning to enhance this state's global

  2  competitiveness, productivity, and efficiency in international

  3  trade and the movement of people and cargo to and from its

  4  seaports. The Office of Seaport and Freight Mobility Planning

  5  shall:

  6         (1)  Review port comprehensive master plans and provide

  7  technical assistance to ports as necessary to maintain

  8  compliance with s. 163.3178(2)(k).

  9         (2)  Review eligible projects approved by the Florida

10  Seaport Transportation and Economic Development Council to

11  determine consistency with local government comprehensive

12  plans and consistency with port master plans, pursuant to s.

13  311.09(6).

14         (3)  Coordinate coastal consistency review, pursuant to

15  the provisions of s. 380.23(3), of activities, uses, and

16  projects potentially affecting ports listed in s. 311.09(1).

17         (4)  Review and recommend actions required to achieve

18  consistency between the intermodal transportation components

19  of port master plans, local comprehensive plans, the 5-year

20  Florida Seaport Mission Plan developed pursuant to s.

21  311.09(3), the Florida Transportation Plan developed pursuant

22  to s. 339.155, and M.P.O. plans and programs as provided in s.

23  339.175.

24         (5)  Ensure, to the greatest extent possible, that the

25  actions and review functions of the department, with respect

26  to ports listed in s. 311.09(1), do not duplicate the actions

27  and review functions of federal agencies, other state

28  agencies, water management districts, and the Fish and

29  Wildlife Conservation Commission.

30         Section 52.  Section 311.20, Florida Statutes, is

31  created to read:


                                 156

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         311.20  Northwest Florida Seaport Transportation and

  2  Economic Development Council.--

  3         (1)  There is created the Northwest Florida Seaport

  4  Transportation and Economic Development Council as a

  5  corporation not-for-profit pursuant to chapter 617. The

  6  purpose of the council is to enhance economic development in

  7  the northwest Florida region by creating jobs and increasing

  8  cargo flow and port revenues at the three ports in the region

  9  and the regional communities.

10         (2)(a)  The council shall consist of the following

11  members: the port director of the port of Panama City or his

12  or her designee; the port director of the port of Pensacola or

13  his or her designee; the port director of the port of Port St.

14  Joe or his or her designee; the director of the Office of

15  Tourism, Trade, and Economic Development or his or her

16  designee; and a representative from Enterprise Florida, Inc.

17  The members of the council may appoint up to four ex-officio

18  nonvoting members.

19         (b)  Members of the council shall serve without

20  compensation but may receive reimbursement for per diem and

21  travel expenses as provided in s. 112.061.

22         (3)  The council shall develop a comprehensive

23  strategic regional development plan that includes:

24         (a)  A marketing strategy for development at the three

25  ports and their respective communities;

26         (b)  A review of multi-modal transportation

27  requirements for the region; and

28         (c)  An identification of specific transportation and

29  economic development projects that create jobs and increase

30  cargo flow and port revenues at the three ports and the

31  regional communities. Subject to specific appropriation by the


                                 157

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Legislature, the council may grant funds for the development

  2  of such projects.

  3         (4)  The council shall have all the powers necessary

  4  and convenient to administer this section, including the power

  5  to:

  6         (a)  Solicit, receive, hold, invest, and administer any

  7  grant, payment, or gift of funds or property.

  8         (b)  Purchase, receive, hold, lease, or otherwise

  9  acquire, and sell, convey, transfer, lease, or otherwise

10  dispose of, real property and personal property together with

11  rights and privileges as are incidental and appurtenant

12  thereto.

13         (c)  Contract with public-sector or private-sector

14  entities for the purpose of exercising or performing its

15  powers and functions.

16         (5)  The council may appoint an executive director, and

17  the executive director may employ staff authorized by the

18  council. The compensation of the executive director and staff

19  shall be set by the council.

20         Section 53.  Section 311.11, Florida Statutes, is

21  amended to read:

22         (Substantial rewording of section. See

23         s. 311.11, F.S., for present text.)

24         311.11  Seaport Training and Employment Program.--The

25  Florida Seaport Transportation and Economic Development

26  Council shall develop and implement a Seaport Training and

27  Employment Program.  The purpose of the program shall be to

28  stimulate and support seaport training and employment programs

29  that foster employment opportunities in port, maritime, and

30  transportation industries, and for such other training,

31  educational, and information services as are required to


                                 158

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  stimulate jobs in the described industries.  Funds

  2  appropriated by the Legislature for the grant program may be

  3  used for the purchase of equipment to be used for training

  4  purposes, hiring instructors, and any other purpose associated

  5  with the training program.  Funds appropriated by the

  6  Legislature for such purposes may not exceed 50 percent of the

  7  total cost of any training program.

  8         Section 54.  Section 311.14, Florida Statutes, is

  9  created to read:

10         311.14  Seaport freight-mobility planning.--

11         (1)  The Florida Seaport Transportation and Economic

12  Development Council, in cooperation with the Office of the

13  State Public Transportation Administrator within the

14  Department of Transportation, shall develop freight-mobility

15  and trade-corridor plans to assist in making freight-mobility

16  investments that contribute to the economic growth of the

17  state. Such plans should enhance the integration and

18  connectivity of the transportation system across and between

19  transportation modes throughout Florida for people and

20  freight.

21         (2)  The Office of the State Public Transportation

22  Administrator shall act to integrate freight-mobility and

23  trade-corridor plans into the Florida Transportation Plan

24  developed pursuant to s. 339.155 and into the plans and

25  programs of metropolitan planning organizations as provided in

26  s. 339.175. The office may also provide assistance in

27  expediting the transportation permitting process relating to

28  the construction of seaport freight-mobility projects located

29  outside the physical borders of seaports. The Department of

30  Transportation may contract, as provided in s. 334.044, with

31  any port listed in s. 311.09(1) or any such other statutorily


                                 159

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  authorized seaport entity to act as an agent in the

  2  construction of seaport freight-mobility projects.

  3         Section 55.  Subsection (6) of section 315.02, Florida

  4  Statutes, is amended to read:

  5         315.02  Definitions.--As used in this law, the

  6  following words and terms shall have the following meanings:

  7         (6)  The term "port facilities" shall mean and shall

  8  include harbor, shipping, and port facilities, and

  9  improvements of every kind, nature, and description,

10  including, but without limitation, channels, turning basins,

11  jetties, breakwaters, public landings, wharves, docks,

12  markets, parks, recreational facilities, structures,

13  buildings, piers, storage facilities, including facilities

14  that may be used for warehouse, storage, and distribution of

15  cargo transported or to be transported through an airport or

16  port facility, public buildings and plazas, anchorages,

17  utilities, bridges, tunnels, roads, causeways, and any and all

18  property and facilities necessary or useful in connection with

19  the foregoing, and any one or more or any combination thereof

20  and any extension, addition, betterment or improvement of any

21  thereof.

22         Section 56.  Paragraph (h) is added to subsection (24)

23  of section 380.06, Florida Statutes, 1998 Supplement, to read:

24         380.06  Developments of regional impact.--

25         (24)  STATUTORY EXEMPTIONS.--

26         (h)  Expansion to port harbors, spoil disposal sites,

27  navigation channels, turning basins, harbor berths, and other

28  related inwater harbor facilities of ports listed in s.

29  403.021(9)(b), port transportation facilities and projects

30  listed in s. 311.07(3)(b), and intermodal transportation

31  facilities identified pursuant to s. 311.09(3) are exempt from


                                 160

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  the provisions of this section when such expansions, projects,

  2  or facilities are consistent with comprehensive master plans

  3  that are in compliance with the provisions of s. 163.3178.

  4         Section 57.  Americas Campaign.--

  5         (1)  FINDINGS.--The Legislature finds and declares that

  6  Latin America and the Caribbean have become the

  7  fastest-emerging market region in the world.  The region has

  8  been reducing and simplifying its tariff rates and eliminating

  9  most quotas, and, therefore, allowing greater import volumes.

10  Increased import competition is forcing local companies and

11  industries to modernize, which fuels the expansion of capital

12  goods and high-technology imports.  Demand for U.S. and

13  Florida consumer goods will also expand as Latin America's

14  middle class grows due to rising real wages and greater

15  employment opportunities.  Florida's Latin American trading

16  partners are rapidly making their economies more dynamic by

17  privatizing large state enterprises in telecommunications,

18  energy, and manufacturing. Florida is the leading state in

19  expanding U.S. trade relations with Latin America and the

20  Caribbean. One out of every three dollars worth of U.S.

21  exports to the region moves through the State of Florida. To

22  capture expected increases in trade over the next 7 years, the

23  trade infrastructure must be expanded and modernized to meet

24  growing competition from trade centers in the United States

25  and elsewhere. Florida's past international efforts have been

26  energetic but fragmented and diffused. The Legislature finds

27  that in order for Florida to maintain its lead and to win

28  expanding trade with Latin America and the Caribbean, each

29  existing element of Florida's international strategy must be

30  assembled into a deliberate and coordinated Americas Campaign.

31


                                 161

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (2)  AMERICAS CAMPAIGN ELEMENTS.--The Americas Campaign

  2  shall have the following elements:

  3         (a)  Strategic Targeting.--By September 1, 1999, the

  4  Governor, after consultation with the Legislature, the

  5  Secretary of State, Enterprise Florida, Inc., and

  6  representatives of Florida's international business community

  7  and international organizations, shall, by executive order,

  8  designate three countries as the development targets of this

  9  campaign. These Latin American or Caribbean countries shall be

10  in the Governor's judgment the optimum targets for rapid

11  enhancement and expansion of international relations,

12  business, trade, and reverse investment over the next 4 years.

13         (b)  Intergovernmental Engagement and

14  Relationships.--The Secretary of State, working with

15  postsecondary institution linkage institutes, the Florida

16  Association of Voluntary Agencies for Caribbean Action, the

17  Sister Cities Program, Visit Florida, and other federal,

18  state, and local agencies, shall have lead responsibility for

19  Florida's intergovernmental engagements and relationships with

20  these targeted countries, building cultural and interpersonal

21  projects that facilitate broader reverse investment and trade

22  opportunities for both Florida and each country. The Secretary

23  of State will develop a targeted list of communities in the

24  targeted countries, inviting Florida communities, their local

25  governmental bodies, and their local chambers of commerce to

26  choose a community to engage and develop as a Sister City. The

27  Secretary of State will design a package of awards,

28  inducements, and assistance for communities that choose to

29  link with these targeted communities.

30         (c)  Trade Policy.--The director of the Office of

31  Tourism, Trade, and Economic Development shall have lead


                                 162

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  responsibility for Florida's efforts to review, profile, and

  2  improve the trade policy and trade relations with these

  3  countries, working with the Department of State, the

  4  Department of Agriculture and Consumer Affairs, the Department

  5  of Citrus, Enterprise Florida, Inc., and other federal, state,

  6  and local agencies to ensure that increased trade with these

  7  targeted countries can swiftly occur and any existing barriers

  8  are minimized or removed.

  9         (d)  Trade Information.--The director of the

10  International Trade Data Resource and Research Center shall

11  have the lead responsibility for upgrading Florida's trade

12  information capacity with these countries, providing import

13  and export data, trade opportunities, and intermodal

14  transportation profiles; commodity trends; and trade activity,

15  working with the Department of Agriculture and Consumer

16  Affairs, the Department of Citrus, Enterprise Florida, Inc.,

17  and other federal, state, and local agencies.

18         (e)  Finance and Capital.--The director of the Florida

19  Export Finance Corporation shall have the lead responsibility

20  for the campaign's international finance strategy with these

21  targeted countries, working with the Comptroller and other

22  federal, state, and local agencies to provide technical

23  assistance and financing options to the businesses and

24  communities, working with these targeted countries.

25         (f)  Intermodal Transportation.--The director of the

26  Florida Seaport Transportation and Economic Development

27  Council, working with the Florida Airports Managers

28  Association, the Department of Transportation, the Florida

29  Chamber Foundation, and other federal, state, and local

30  agencies shall have the lead responsibility to devise a

31  strategy to prepare and enhance Florida intermodal


                                 163

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  infrastructure that relates and links with these countries to

  2  ensure that the state's trade transportation infrastructure

  3  can effectively handle increasing trade with them and that the

  4  trade transportation infrastructure of the targeted countries

  5  is compatible with the trade transportation infrastructure in

  6  Florida.

  7         (g)  International Reverse Investment and Trade

  8  Expansion.--The president of the International Trade and

  9  Economic Development Board of Enterprise Florida, Inc.,

10  working with local economic development organizations and

11  other federal, state, and local agencies, shall have the lead

12  responsibility for providing reverse investment and trade

13  expansion assistance to local businesses through local

14  economic development organizations or local chambers of

15  commerce in each community that has a Sister Cities

16  relationship in a targeted country, and for providing

17  necessary assistance in each of the targeted countries through

18  foreign office or development agents.

19         (h)  Campaign Coordination.--The Governor, acting

20  through the director of the Office of Tourism, Trade and

21  Economic Development, shall ensure that the elements of this

22  campaign are coordinated.  The director may enlist or assign

23  the staff or resources of any agency under the direction of

24  the Governor to assemble research and information or to

25  provide assistance in this campaign.

26         (3)  CAMPAIGN COUNCIL.--The lead agents for the

27  Americas Campaign designated in paragraphs (2)(a)-(g) shall

28  comprise the Americas Campaign Planning Council.  Funding

29  collected but not currently dedicated to a trust fund under

30  section 212.0606, Florida Statutes, shall be deposited in the

31  Florida International Trade and Promotion Trust Fund for use


                                 164

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  and distribution by the council, based on a budget amendment

  2  developed by the council and submitted by the director of the

  3  Office of Tourism, Trade, and Economic Development.  The

  4  Americas Campaign is not intended to divert or redirect

  5  existing trade or international development efforts or

  6  expenditures.  It is intended to provide new focus, new

  7  intensity, and new resources to the three most promising

  8  countries in Latin America and the Caribbean.

  9         Section 58.  Subsection (2) of section 117.01, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         117.01  Appointment, application, suspension,

12  revocation, application fee, bond, and oath.--

13         (2)  The application for appointment shall be signed

14  and sworn to by the applicant and shall be accompanied by an

15  application a fee of $25, together with the $10 commission fee

16  required by s. 113.01, and a surcharge of $4, which $4 is

17  appropriated to the Executive Office of the Governor to be

18  used to educate and assist notaries public. The Executive

19  Office of the Governor may contract with private vendors to

20  provide the services set forth in this section. Effective July

21  1, 2000, the funds collected from the $25 application fee and

22  the $10 commission fee shall be deposited into the Grants and

23  Donations Trust Fund within the Department of State. The

24  unencumbered balance from these funds at the close of each

25  fiscal year may not exceed $300,000. Any funds in excess of

26  this amount shall be transferred unallocated to the General

27  Revenue Fund. However, no commission fee shall be required for

28  the issuance of a commission as a notary public to a veteran

29  who served during a period of wartime service, as defined in

30  s. 1.01(14), and who has been rated by the United States

31  Government or the United States Department of Veterans Affairs


                                 165

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  or its predecessor to have a disability rating of 50 percent

  2  or more; such a disability is subject to verification by the

  3  Secretary of State, who has authority to adopt reasonable

  4  procedures to implement this act. The oath of office and

  5  notary bond required by this section shall also accompany the

  6  application and shall be in a form prescribed by the

  7  Department of State which shall require, but not be limited

  8  to, the following information: full name, residence address

  9  and telephone number, business address and telephone number,

10  date of birth, race, sex, social security number, citizenship

11  status, driver's license number or the number of other

12  official state-issued identification, affidavit of good

13  character from someone unrelated to the applicant who has

14  known the applicant for 1 year or more, a list of all

15  professional licenses and commissions issued by the state

16  during the previous 10 years and a statement as to whether or

17  not the applicant has had such license or commission revoked

18  or suspended, and a statement as to whether or not the

19  applicant has been convicted of a felony, and, if there has

20  been a conviction, a statement of the nature of the felony and

21  restoration of civil rights.  The applicant may not use a

22  fictitious or assumed name other than a nickname on an

23  application for commission.  The application shall be

24  maintained by the Department of State for the full term of a

25  notary commission.  A notary public shall notify, in writing,

26  the Department of State of any change in his or her business

27  address, home telephone number, business telephone number,

28  home address, or criminal record within 60 days after such

29  change.  The Governor may require any other information he or

30  she deems necessary for determining whether an applicant is

31  eligible for a notary public commission.  Each applicant must


                                 166

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  swear or affirm on the application that the information on the

  2  application is true and correct.

  3         Section 59.  Implementation of section 117.01(2),

  4  Florida Statutes, as amended by this act, is contingent upon a

  5  Specific Appropriation for Fiscal Year 1999-2000.

  6         Section 60.  Subsection (6) is added to section 15.16,

  7  Florida Statutes, to read:

  8         15.16  Reproduction of records; admissibility in

  9  evidence; electronic receipt and transmission of records;

10  certification; acknowledgment.--

11         (6)  The Secretary of State is authorized to issue

12  apostilles. The Secretary of State shall have the sole

13  authority to establish, in conformity with the laws of the

14  United States, the requirements and procedures for the

15  issuance of apostilles and may charge a fee for the issuance

16  of an apostille not to exceed $10 per apostille.

17         Section 61.  Section 117.103, Florida Statutes, is

18  amended to read:

19         117.103  Certification of notary's authority by

20  Secretary of State.--A notary public is not required to record

21  his or her notary public commission in an office of a clerk of

22  the circuit court. If certification of the notary public's

23  commission is required, it must be obtained from the Secretary

24  of State. Upon the receipt of a written request, the notarized

25  document, and a fee of $10 payable to the Secretary of State,

26  the Secretary of State shall provide a certified copy of the

27  notary public's original certificate of commission which shall

28  be legally sufficient to establish the notary public's

29  authority to provide the services specifically authorized for

30  a notary public by the Florida Statutes, and shall issue a

31  certificate of notarial authority, the contents of which shall


                                 167

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  be determined by the Secretary of State and shall establish

  2  for third parties the extent of the legal authority of the

  3  notary public. certificate of notarial authority.  Documents

  4  destined for countries participating in an International

  5  Treaty called the Hague Convention require an Apostille, and

  6  that requirement shall be determined by the Secretary of

  7  State.

  8         Section 62.  Section 118.10, Florida Statutes, is

  9  amended to read:

10         118.10  Civil-law notary.--

11         (1)  As used in this section, the term:

12         (a)  "Authentic act" means an instrument executed by a

13  civil-law notary referencing this section, which includes the

14  particulars and capacities to act of the transacting party or

15  parties, a confirmation of the full text of the instrument,

16  the signatures of the party or parties or legal equivalent

17  thereof, and the signature and seal of a civil-law notary as

18  prescribed by the Florida Secretary of State.

19         (b)  "Civil-law notary" means a person who is a member

20  in good standing of The Florida Bar, who has practiced law for

21  at least 5 years, and who is appointed by the Secretary of

22  State as a civil-law notary.

23         (c)  "Protocol" means a registry maintained by a

24  civil-law notary in which the acts of the civil-law notary are

25  archived.

26         (2)  The Secretary of State shall have the power to

27  appoint civil-law notaries and administer this section.

28         (3)  A civil-law notary is authorized to issue

29  authentic acts and thereby may authenticate or certify any

30  document, transaction, event, condition or occurrence.  The

31  contents of an authentic act and matters incorporated therein


                                 168

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  shall be presumed correct. A civil-law notary may also

  2  administer an oath and make a certificate thereof when it is

  3  necessary for execution of any writing or document to be

  4  attested, protested, or published under the seal of a notary

  5  public. A civil-law notary may also take acknowledgements of

  6  deeds and other instruments of writing for record, and

  7  solemnize the rites of matrimony, as fully as other officers

  8  of this state.  A civil-law notary is not authorized to issue

  9  authentic acts for use in a jurisdiction if the United States

10  Department of State has determined that the jurisdiction does

11  not have diplomatic relations with the United States or is a

12  terrorist country, or if trade with the jurisdiction is

13  prohibited under the Trading With the Enemy Act of 1917, as

14  amended, 50 U.S.C. ss. 1, et seq.

15         (4)  The authentic acts, oaths and acknowledgements,

16  and solemnizations of a civil-law notary shall be recorded in

17  the civil-law notary's protocol in a manner prescribed by the

18  Secretary of State.

19         (5)  The Secretary of State may adopt rules

20  prescribing:

21         (a)  The form and content of authentic acts, oaths,

22  acknowledgments, solemnizations and signatures and seals or

23  their legal equivalents. for authentic acts;

24         (b)  Procedures for the permanent archiving of

25  authentic acts, maintaining records of acknowledgments, oaths

26  and solemnizations, and procedures for the administration of

27  oaths and taking of acknowledgments and for solemnizations;

28         (c)  The charging of reasonable fees to be retained by

29  the Secretary of State for the purpose of administering this

30  section;

31


                                 169

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (d)  Educational requirements and procedures for

  2  testing applicants' knowledge of all matters relevant to the

  3  appointment, authority, duties or legal or ethical

  4  responsibilities of a civil-law notary the effects and

  5  consequences associated with authentic acts;

  6         (e)  Procedures for the disciplining of civil-law

  7  notaries, including but not limited to the suspension and

  8  revocation of appointments for failure to comply with the

  9  requirements of Chapter 118 or the rules of the Department of

10  State, for misrepresentation or fraud regarding the civil-law

11  notary's authority, the effect of the civil-law notary's

12  authentic acts, or the identities or acts of the parties to a

13  transaction; and

14         (f)  Bonding or errors and omissions insurance

15  requirements, or both, for civil-law notaries.

16         (g)(f)  Other matters necessary for administering this

17  section.

18         (6)  The Secretary of State shall not regulate,

19  discipline or attempt to discipline, or establish any

20  educational requirements for any civil-law notary for, or with

21  regard to, any action or conduct that would constitute the

22  practice of law in this state, except by agreement with The

23  Florida Bar.  The Secretary of State shall not establish as a

24  prerequisite to the appointment of a civil-law notary any test

25  containing any question that inquires of the applicant's

26  knowledge regarding the practice of law in the United States,

27  unless such test is offered in connection with an educational

28  program approved by the Florida Bar for continuing legal

29  education credit except by agreement with The Florida Bar.

30

31


                                 170

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (7)  The powers of civil-law notaries include, but are

  2  not limited to, all of the powers of a notary public under any

  3  law of this state.

  4         (8)  This section shall not be construed as abrogating

  5  the provisions of any other act relating to notaries public,

  6  attorneys, or the practice of law in this state.

  7         Section 63.  Section 118.42, Florida Statutes, is

  8  created to read:

  9         118.12  Certification of civil-law notary's authority;

10  apostilles.--If certification of a civil-law notary's

11  authority is necessary for a particular document or

12  transaction, it must be obtained from the Secretary of State.

13  Upon the receipt of a written request from a civil-law notary,

14  a copy of the document, and a fee of $10 payable to the

15  Secretary of State, the Secretary of State shall provide a

16  certification of the civil-law notary's authority which may be

17  used in support of the document submitted and any related

18  transaction.  Documents destined for countries participating

19  in an International Treaty called the Hague Convention may

20  require an Apostille and the Secretary of State shall upon

21  receiving a written request from a civil-law notary, a copy of

22  the document, and a fee of $10 payable to the Secretary of

23  State, provide an apostille conforming to the requirements of

24  the Hague Convention and including such other matters as the

25  Secretary of State may establish by rule.

26         Section 64.  Section 15.18, Florida Statutes, is

27  amended to read:

28         15.18  International and cultural relations.--The

29  Divisions of Cultural Affairs, Historical Resources, and

30  Library and Information Services of the Department of State

31  promote programs having substantial cultural, artistic, and


                                 171

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  indirect economic significance that emphasize American

  2  creativity. The Secretary of State, as the head administrator

  3  of these divisions, shall hereafter be known as "Florida's

  4  Chief Cultural Officer."  As this officer, the Secretary of

  5  State is encouraged to initiate and develop relationships

  6  between the state and foreign cultural officers, their

  7  representatives, and other foreign governmental officials in

  8  order to promote Florida as the center of American creativity.

  9  The Secretary of State shall coordinate international

10  activities pursuant to this section with Enterprise Florida,

11  Inc., and any other organization the secretary deems

12  appropriate the Florida International Affairs Commission.  For

13  the accomplishment of this purpose, the Secretary of State

14  shall have the power and authority to:

15         (1)  Disseminate any information pertaining to the

16  State of Florida which promotes the state's cultural assets.

17         (2)  Plan and carry out activities designed to cause

18  improved cultural and governmental programs and exchanges with

19  foreign countries.

20         (3)  Plan and implement cultural and social activities

21  for visiting foreign heads of state, diplomats, dignitaries,

22  and exchange groups.

23         (4)  Encourage and cooperate with other public and

24  private organizations or groups in their efforts to promote

25  the cultural advantages of Florida.

26         (5)  Establish and maintain the list prescribed in s.

27  55.605(2)(g), relating to recognition of foreign money

28  judgments.

29         (6)(5)  Serve as the liaison with all foreign consular

30  and ambassadorial corps, as well as international

31


                                 172

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  organizations, that are consistent with the purposes of this

  2  section.

  3         (7)(6)  Provide, arrange, and make expenditures for the

  4  achievement of any or all of the purposes specified in this

  5  section.

  6         (8)(7)  Notwithstanding the provisions of part I of

  7  chapter 287, promulgate rules for entering into contracts

  8  which are primarily for promotional services and events, which

  9  may include commodities involving a service.  Such rules shall

10  include the authority to negotiate costs with the offerors of

11  such services and commodities who have been determined to be

12  qualified on the basis of technical merit, creative ability,

13  and professional competency. The rules shall only apply to the

14  expenditure of funds donated for promotional services and

15  events. Expenditures of appropriated funds shall be made only

16  in accordance with part I of chapter 287.

17         Section 65.  Subsections (1) and (6) of section 55.604,

18  Florida Statutes, are amended to read:

19         55.604  Recognition and enforcement.--Except as

20  provided in s. 55.605, a foreign judgment meeting the

21  requirements of s. 55.603 is conclusive between the parties to

22  the extent that it grants or denies recovery of a sum of

23  money. Procedures for recognition and enforceability of a

24  foreign judgment shall be as follows:

25         (1)  The foreign judgment shall be filed with the

26  Department of State and the clerk of the court and recorded in

27  the public records in the county or counties where enforcement

28  is sought. The filing with the Department of State shall not

29  create a lien on any property.

30         (a)  At the time of the recording of a foreign

31  judgment, the judgment creditor shall make and record with the


                                 173

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  clerk of the circuit court an affidavit setting forth the

  2  name, social security number, if known, and last known

  3  post-office address of the judgment debtor and of the judgment

  4  creditor.

  5         (b)  Promptly upon the recording of the foreign

  6  judgment and the affidavit, the clerk shall mail notice of the

  7  recording of the foreign judgment, by registered mail with

  8  return receipt requested, to the judgment debtor at the

  9  address given in the affidavit and shall make a note of the

10  mailing in the docket. The notice shall include the name and

11  address of the judgment creditor and of the judgment

12  creditor's attorney, if any, in this state. In addition, the

13  judgment creditor may mail a notice of the recording of the

14  judgment to the judgment debtor and may record proof of

15  mailing with the clerk. The failure of the clerk to mail

16  notice of recording will not affect the enforcement

17  proceedings if proof of mailing by the judgment creditor has

18  been recorded.

19         (6)  Once an order recognizing the foreign judgment has

20  been entered by a court of this state, the order and a copy of

21  the judgment shall be filed with the Department of State and

22  may be recorded in any other county of this state without

23  further notice or proceedings, and shall be enforceable in the

24  same manner as the judgment of a court of this state.

25         Section 66.  Paragraph (g) of subsection (2) of section

26  55.605, Florida Statutes, is amended to read:

27         55.605  Grounds for nonrecognition.--

28         (2)  A foreign judgment need not be recognized if:

29         (g)  The foreign jurisdiction where judgment was

30  rendered would not give recognition to a similar judgment

31  rendered in this state. For purposes of this paragraph, the


                                 174

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Secretary of State shall establish and maintain a list of

  2  foreign jurisdictions where the condition specified in this

  3  paragraph has been found to apply.

  4         Section 67.  Section 257.34, Florida Statutes, is

  5  created to read:

  6         257.34  Florida International Archive and Repository.--

  7         (1)  There is created within the Division of Library

  8  and Information Services of the Department of State the

  9  Florida International Archive and Repository for the

10  preservation of those public records, as defined in s.

11  119.011(1), manuscripts, international judgments involving

12  disputes between domestic and foreign businesses, and all

13  other public matters that the department or the Florida

14  Council of International Development deem relevant to

15  international issues. It is the duty and responsibility of the

16  division to:

17         (a)  Organize and administer the Florida International

18  Archive and Repository;

19         (b)  Preserve and administer records that are

20  transferred to its custody; accept, arrange, and preserve

21  them, according to approved archival and repository practices;

22  and permit them, at reasonable times and under the supervision

23  of the division, to be inspected, examined, and copied. All

24  public records transferred to the custody of the division are

25  subject to the provisions of s. 119.07(1).

26         (c)  Assist the records and information management

27  program in the determination of retention values for records;

28         (d)  Cooperate with and assist insofar as practicable

29  state institutions, departments, agencies, counties,

30  municipalities, and individuals engaged in internationally

31  related activities;


                                 175

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (e)  Provide a public research room where, under rules

  2  established by the division, the materials in the

  3  international archive and repository may be studied;

  4         (f)  Conduct, promote, and encourage research in

  5  international trade, government, and culture and maintain a

  6  program of information, assistance, coordination, and guidance

  7  for public officials, educational institutions, libraries, the

  8  scholarly community, and the general public engaged in such

  9  research;

10         (g)  Cooperate with and, insofar as practicable, assist

11  agencies, libraries, institutions, and individuals in projects

12  concerned with internationally related issues and preserve

13  original materials relating to internationally related issues;

14  and

15         (h)  Assist and cooperate with the records and

16  information management program in the training and information

17  program described in s. 257.36(1)(g).

18         (2)  Any agency is authorized and empowered to turn

19  over to the division any record no longer in current official

20  use. The division may accept such record and provide for its

21  administration and preservation as provided in this section

22  and, upon acceptance, be considered the legal custodian of

23  such record. The division may direct and effect the transfer

24  to the archives of any records that are determined by the

25  division to have such historical or other value to warrant

26  their continued preservation or protection, unless the head of

27  the agency that has custody of the records certifies in

28  writing to the division that the records must be retained in

29  the agency's custody for use in the conduct of the regular

30  current business of the agency.

31


                                 176

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (3)  Title to any record transferred to the Florida

  2  International Archive and Repository, as authorized in this

  3  chapter, is vested in the division.

  4         (4)  The division shall make certified copies under

  5  seal of any record transferred to it upon the application of

  6  any person, and the certificates shall have the same force and

  7  effect as if made by the agency from which the record was

  8  received. The division may charge a fee for this service based

  9  upon the cost of service.

10         (5)  The division may establish and maintain a schedule

11  of fees for services that may include, but need not be limited

12  to, restoration of materials, storage of materials, special

13  research services, and publications.

14         (6)  The division shall establish and maintain a

15  mechanism by which the information contained within the

16  Florida International Archive and Repository may be accessed

17  by computer via the World Wide Web. In doing so, the division

18  shall take whatever measures it deems appropriate to ensure

19  the validity, quality, and safety of the information being

20  accessed.

21         (7)  The division shall adopt rules necessary to

22  implement this section.

23         (8)  The Florida Council of International Development

24  may select materials for inclusion in the Florida

25  International Archive and Repository and shall be consulted

26  closely by the division in all matters relating to its

27  establishment and maintenance.

28         Section 68.  Notwithstanding section 3 of chapter

29  89-150, section 112 of chapter 90-201, and section 53 of

30  chapter 91-5, Laws of Florida, section 288.012, Florida

31


                                 177

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Statutes, is not repealed but is revived, reenacted, and

  2  amended to read:

  3         288.012  State of Florida foreign offices.--The

  4  Legislature finds that the expansion of international trade

  5  and tourism is vital to the overall health and growth of the

  6  economy of this state. This expansion is hampered by the lack

  7  of technical and business assistance, financial assistance,

  8  and information services for businesses in this state. The

  9  Legislature finds that these businesses could be assisted by

10  providing these services at State of Florida foreign offices.

11  The Legislature further finds that the accessibility and

12  provision of services at these offices can be enhanced through

13  cooperative agreements or strategic alliances between state

14  entities, local entities, foreign entities, and private

15  businesses.

16         (1)  The Office of Tourism, Trade, and Economic

17  Development is authorized to:

18         (a)  Establish and operate offices in foreign countries

19  for the purpose of promoting the trade and economic

20  development of the state, and promoting the gathering of trade

21  data information and research on trade opportunities in

22  specific countries.

23         (b)  Enter into agreements with governmental and

24  private sector entities to establish and operate offices in

25  foreign countries containing provisions which may be in

26  conflict with general laws of the state pertaining to the

27  purchase of office space, employment of personnel, and

28  contracts for services. When agreements pursuant to this

29  section are made which set compensation in foreign currency,

30  such agreements shall be subject to the requirements of s.

31  215.425, but the purchase of foreign currency by the Office of


                                 178

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Tourism, Trade, and Economic Development to meet such

  2  obligations shall be subject only to s. 216.311.

  3         (c)  By September 1, 1997, the Office of Tourism,

  4  Trade, and Economic Development shall develop a plan for the

  5  disposition of the current foreign offices and the development

  6  and location of additional foreign offices.  The plan shall

  7  include, but is not limited to, a determination of the level

  8  of funding needed to operate the current offices and any

  9  additional offices and whether any of the current offices need

10  to be closed or relocated. Enterprise Florida, Inc., the

11  Florida Tourism Commission, the Florida Ports Council, the

12  Department of State, the Department of Citrus, and the

13  Department of Agriculture shall assist the Office of Tourism,

14  Trade, and Economic Development in the preparation of the

15  plan.  All parties shall cooperate on the disposition or

16  establishment of the offices and ensure that needed space,

17  technical assistance, and support services are provided to

18  such entities at such foreign offices.

19         (2)  By June 30, 1998, each foreign office shall have

20  in place an operational plan approved by the participating

21  boards or other governing authority, a copy of which shall be

22  provided to the Office of Tourism, Trade, and Economic

23  Development.  These operating plans shall be reviewed and

24  updated each fiscal year and shall include, at a minimum, the

25  following:

26         (a)  Specific policies and procedures encompassing the

27  entire scope of the operation and management of each office.

28         (b)  A comprehensive, commercial strategic plan

29  identifying marketing opportunities and industry sector

30  priorities for the foreign country or area in which a foreign

31  office is located.


                                 179

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (c)  Provisions for access to information for Florida

  2  businesses through the Florida Trade Data Center.  Each

  3  foreign office shall obtain and forward trade leads and

  4  inquiries to the center on a regular basis as called for in

  5  the plan pursuant to paragraph (1)(c).

  6         (d)  Identification of new and emerging market

  7  opportunities for Florida businesses.  Each foreign office

  8  shall provide the Florida Trade Data Center with a compilation

  9  of foreign buyers and importers in industry sector priority

10  areas on an annual basis.  In return, the Florida Trade Data

11  Center shall make available to each foreign office, and to the

12  entities identified in paragraph (1)(c), trade industry,

13  commodity, and opportunity information as specified in the

14  plan required in that paragraph.  This information shall be

15  provided to the offices and the entities identified in

16  paragraph (1)(c) either free of charge or on a fee basis with

17  fees set only to recover the costs of providing the

18  information.

19         (e)  Provision of access for Florida businesses to the

20  services of the Florida Trade Data Center, international trade

21  assistance services provided by state and local entities,

22  seaport and airport information, and other services identified

23  in the plan pursuant to paragraph (1)(c).

24         (f)  Qualitative and quantitative performance measures

25  for each office including, but not limited to, the number of

26  businesses assisted, the number of trade leads and inquiries

27  generated, the number of foreign buyers and importers

28  contacted, and the amount and type of marketing conducted.

29         (3)  By October 1 of each year, each foreign office

30  shall submit to the Office of Tourism, Trade, and Economic

31  Development a complete and detailed report on its activities


                                 180

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  and accomplishments during the preceding fiscal year. In a

  2  format provided by Enterprise Florida, Inc., the report must

  3  set forth information on:

  4         (a)  The number of Florida companies assisted.

  5         (b)  The number of inquiries received about investment

  6  opportunities in this state.

  7         (c)  The number of trade leads generated.

  8         (d)  The number of investment projects announced.

  9         (e)  The estimated U.S. dollar value of sales

10  confirmations.

11         (f)  The number of representation agreements.

12         (g)  The number of company consultations.

13         (h)  Barriers or other issues affecting the effective

14  operation of the office.

15         (i)  Changes in office operations which are planned for

16  the current fiscal year.

17         (j)  Marketing activities conducted.

18         (k)  Strategic alliances formed with organizations in

19  the country in which the office is located.

20         (l)  Activities conducted with other Florida foreign

21  offices.

22         (m)  Any other information that the office believes

23  would contribute to an understanding of its activities.

24         (4)(3)  The Office of Tourism, Trade, and Economic

25  Development, in connection with the establishment, operation,

26  and management of any of its offices located in a foreign

27  country, is exempt from the provisions of ss. 255.21, 255.25,

28  and 255.254 relating to leasing of buildings; ss. 283.33 and

29  283.35 relating to bids for printing; ss. 287.001-287.20

30  relating to purchasing and motor vehicles; and ss.

31


                                 181

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  282.003-282.111 relating to communications, and from all

  2  statutory provisions relating to state employment.

  3         (a)  The Office of Tourism, Trade, and Economic

  4  Development may exercise such exemptions only upon prior

  5  approval of the Governor.

  6         (b)  If approval for an exemption under this section is

  7  granted as an integral part of a plan of operation for a

  8  specified foreign office, such action shall constitute

  9  continuing authority for the Office of Tourism, Trade, and

10  Economic Development to exercise the exemption, but only in

11  the context and upon the terms originally granted. Any

12  modification of the approved plan of operation with respect to

13  an exemption contained therein must be resubmitted to the

14  Governor for his or her approval. An approval granted to

15  exercise an exemption in any other context shall be restricted

16  to the specific instance for which the exemption is to be

17  exercised.

18         (c)  As used in this subsection, the term "plan of

19  operation" means the plan developed pursuant to subsection

20  (2).

21         (d)  Upon final action by the Governor with respect to

22  a request to exercise the exemption authorized in this

23  subsection, the Office of Tourism, Trade, and Economic

24  Development shall report such action, along with the original

25  request and any modifications thereto, to the President of the

26  Senate and the Speaker of the House of Representatives within

27  30 days.

28         (5)(4)  Where feasible and appropriate, and subject to

29  s. 288.1224(10), foreign offices established and operated

30  under this section may provide one-stop access to the economic

31  development, trade, and tourism information, services, and


                                 182

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  programs of the state.  Where feasible and appropriate, and

  2  subject to s. 288.1224(10), such offices may also be

  3  collocated with other foreign offices of the state.

  4         (6)(5)  The Office of Tourism, Trade, and Economic

  5  Development is authorized to make and to enter into contracts

  6  with Enterprise Florida, Inc., and the Florida Commission on

  7  Tourism to carry out the provisions of this section.  The

  8  authority, duties, and exemptions provided in this section

  9  apply to Enterprise Florida, Inc., and the Florida Commission

10  on Tourism to the same degree and subject to the same

11  conditions as applied to the Office of Tourism, Trade, and

12  Economic Development. To the greatest extent possible, such

13  contracts shall include provisions for cooperative agreements

14  or strategic alliances between state entities, foreign

15  entities, local entities, and private businesses to operate

16  foreign offices.

17         Section 69.  By December 31, 2001, the Legislature

18  shall review Florida's foreign offices, including, but not

19  limited to, those offices established and operated under

20  sections 288.012 and 288.1224, Florida Statutes, to determine

21  whether the state is experiencing effective international

22  trade, investment, and tourism representation through such

23  offices.

24         Section 70.  Enterprise Florida, Inc., shall develop a

25  master plan for integrating public-sector and private-sector

26  international-trade and reverse-investment resources, in order

27  that businesses may obtain comprehensive assistance and

28  information in the most productive and efficient manner. The

29  scope of this plan shall include, but need not be limited to,

30  resources related to the provision of trade information, such

31  as trade leads and reverse investment opportunities, trade


                                 183

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  counseling, and trade financing services. In developing the

  2  master plan, Enterprise Florida, Inc., shall solicit the

  3  participation and input of organizations providing these

  4  resources, the consumers of these resources, and others who

  5  have expertise and experience in international trade and

  6  reverse investment. The master plan may include

  7  recommendations for legislative action designed to enhance the

  8  delivery of international-trade and reverse-investment

  9  assistance. The master plan, which Enterprise Florida, Inc.,

10  may include within the annual update or modification to the

11  strategic plan required under section 288.905, Florida

12  Statutes, must be submitted to the Legislature and the

13  Governor before January 1, 2000.

14         Section 71.  Enterprise Florida, Inc., in conjunction

15  with the Office of Tourism, Trade, and Economic Development,

16  shall prepare a plan for promoting direct investment in

17  Florida by foreign businesses. This plan must assess and

18  inventory Florida's strengths as a location for foreign direct

19  investment and must include a detailed strategy for

20  capitalizing upon those strengths. In developing the plan,

21  Enterprise Florida, Inc., shall focus on businesses with

22  site-election criteria that are consistent with Florida's

23  business climate, businesses likely to facilitate the

24  trans-shipment of goods through Florida or to export

25  Florida-produced goods from the state, and businesses that

26  complement or correspond to those industries identified as

27  part of the sector-strategy approach to economic development

28  required under section 288.905, Florida Statutes. The plan

29  must also identify weaknesses in Florida's ability to attract

30  foreign direct investment and must include a detailed strategy

31  for addressing those weaknesses. The plan may include


                                 184

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  recommendations for legislative action designed to enhance

  2  Florida's ability to attract foreign direct investment. In

  3  developing the plan, Enterprise Florida, Inc., shall solicit

  4  the participation and input of entities that have expertise

  5  and experience in foreign direct investment. The plan, which

  6  Enterprise Florida, Inc., may include within the annual update

  7  or modification to the strategic plan required under section

  8  288.905, Florida Statutes, must be submitted to the

  9  Legislature and the Governor before January 1, 2000.

10         Section 72.  In anticipation of the day when the people

11  of Cuba are no longer denied the inalienable rights and

12  freedom that all men and women should be guaranteed,

13  Enterprise Florida, Inc., shall prepare a strategic plan

14  designed to allow Florida to capitalize on the economic

15  opportunities associated with a free Cuba. The plan should

16  recognize the historical and cultural ties between this state

17  and Cuba and should focus on building a long-term economic

18  relationship between these communities. The plan should also

19  recognize existing economic infrastructure in Florida that

20  could be applied toward trade and other business activities

21  with Cuba. The plan should identify specific preparatory steps

22  to be taken in advance of a lifting of the trade embargo with

23  Cuba. In developing this plan, Enterprise Florida, Inc., shall

24  solicit the participation and input of individuals who have

25  expertise concerning Cuba and its economy, including, but not

26  limited to, business leaders in Florida who have had previous

27  business experience in Cuba. The plan may include

28  recommendations for legislative action necessary to implement

29  the strategic plan. The plan must be submitted to the Governor

30  and Legislature before January 1, 2000.

31


                                 185

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         Section 73.  Section 288.1045, Florida Statutes, is

  2  amended to read:

  3         288.1045  Qualified defense contractor tax refund

  4  program.--

  5         (1)  DEFINITIONS.--As used in this section:

  6         (a)  "Consolidation of a Department of Defense

  7  contract" means the consolidation of one or more of an

  8  applicant's facilities under one or more Department of Defense

  9  contracts either from outside this state or from inside and

10  outside this state, into one or more of the applicant's

11  facilities inside this state.

12         (b)  "Average wage in the area" means the average of

13  all wages and salaries in the state, the county, or in the

14  standard metropolitan area in which the business unit is

15  located.

16         (c)  "Applicant" means any business entity that holds a

17  valid Department of Defense contract or any business entity

18  that is a subcontractor under a valid Department of Defense

19  contract or any business entity that holds a valid contract

20  for the reuse of a defense-related facility, including all

21  members of an affiliated group of corporations as defined in

22  s. 220.03(1)(b).

23         (d)  "Office" "Division" means the Office of Tourism,

24  Trade, and Economic Development Division of Economic

25  Development of the Department of Commerce.

26         (e)  "Department of Defense contract" means a

27  competitively bid Department of Defense contract or a

28  competitively bid federal agency contract issued on behalf of

29  the Department of Defense for manufacturing, assembling,

30  fabricating, research, development, or design with a duration

31  of 2 or more years, but excluding any contract to provide


                                 186

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  goods, improvements to real or tangible property, or services

  2  directly to or for any particular military base or

  3  installation in this state.

  4         (f)  "New Department of Defense contract" means a

  5  Department of Defense contract entered into after the date

  6  application for certification as a qualified applicant is made

  7  and after January 1, 1994.

  8         (g)  "Jobs" means full-time equivalent positions,

  9  consistent with the use of such terms by the Department of

10  Labor and Employment Security for the purpose of unemployment

11  compensation tax, resulting directly from a project in this

12  state. This number does not include temporary construction

13  jobs involved with the construction of facilities for the

14  project.

15         (h)  "Nondefense production jobs" means employment

16  exclusively for activities that, directly or indirectly, are

17  unrelated to the Department of Defense.

18         (i)  "Project" means any business undertaking in this

19  state under a new Department of Defense contract,

20  consolidation of a Department of Defense contract, or

21  conversion of defense production jobs over to nondefense

22  production jobs or reuse of defense-related facilities.

23         (j)  "Qualified applicant" means an applicant that has

24  been approved by the director secretary to be eligible for tax

25  refunds pursuant to this section.

26         (k)  "Director" "Secretary" means the director of the

27  Office of Tourism, Trade, and Economic Development Secretary

28  of Commerce.

29         (l)  "Taxable year" means the same as in s.

30  220.03(1)(z).

31         (m)  "Fiscal year" means the fiscal year of the state.


                                 187

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (n)  "Business unit" means an employing unit, as

  2  defined in s. 443.036, that is registered with the Department

  3  of Labor and Employment Security for unemployment compensation

  4  purposes or means a subcategory or division of an employing

  5  unit that is accepted by the Department of Labor and

  6  Employment Security as a reporting unit.

  7         (o)  "Local financial support" means funding from local

  8  sources, public or private, which is paid to the Economic

  9  Development Trust Fund and which is equal to 20 percent of the

10  annual tax refund for a qualified applicant. Local financial

11  support may include excess payments made to a utility company

12  under a designated program to allow decreases in service by

13  the utility company under conditions, regardless of when

14  application is made. A qualified applicant may not provide,

15  directly or indirectly, more than 5 percent of such funding in

16  any fiscal year. The sources of such funding may not include,

17  directly or indirectly, state funds appropriated from the

18  General Revenue Fund or any state trust fund, excluding tax

19  revenues shared with local governments pursuant to law.

20         (p)  "Contract for reuse of a defense-related facility"

21  means a contract with a duration of 2 or more years for the

22  use of a facility for manufacturing, assembling, fabricating,

23  research, development, or design of tangible personal

24  property, but excluding any contract to provide goods,

25  improvements to real or tangible property, or services

26  directly to or for any particular military base or

27  installation in this state. Such facility must be located

28  within a port, as defined in s. 313.21, and have been occupied

29  by a business entity that held a valid Department of Defense

30  contract or occupied by any branch of the Armed Forces of the

31  United States, within 1 year of any contract being executed


                                 188

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  for the reuse of such facility. A contract for reuse of a

  2  defense-related facility may not include any contract for

  3  reuse of such facility for any Department of Defense contract

  4  for manufacturing, assembling, fabricating, research,

  5  development, or design.

  6         (q)  "Local financial support exemption option" means

  7  the option to exercise an exemption from the local financial

  8  support requirement available to any applicant whose project

  9  is located in a county designated by the Rural Economic

10  Development Initiative, if the county commissioners of the

11  county in which the project will be located adopt a resolution

12  requesting that the applicant's project be exempt from the

13  local financial support requirement. Any applicant that

14  exercises this option is not eligible for more than 80 percent

15  of the total tax refunds allowed such applicant under this

16  section.

17         (2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--

18         (a)  There shall be allowed, from the Economic

19  Development Trust Fund, a refund to a qualified applicant for

20  the amount of eligible taxes certified by the director

21  secretary which were paid by such qualified applicant. The

22  total amount of refunds for all fiscal years for each

23  qualified applicant shall be determined pursuant to subsection

24  (3). The annual amount of a refund to a qualified applicant

25  shall be determined pursuant to subsection (5).

26         (b)  A qualified applicant may not be qualified for any

27  project to receive more than $5,000 times the number of jobs

28  provided in the tax refund agreement pursuant to subparagraph

29  (4)(a)1. A qualified applicant may not receive refunds of more

30  than 25 percent of the total tax refunds provided in the tax

31  refund agreement pursuant to subparagraph (4)(a)1. in any


                                 189

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  fiscal year, provided that no qualified applicant may receive

  2  more than $2.5 million in tax refunds pursuant to this section

  3  in any fiscal year.

  4         (c)  A qualified applicant may not receive more than

  5  $7.5 million in tax refunds pursuant to this section in all

  6  fiscal years.

  7         (d)  Contingent upon an annual appropriation by the

  8  Legislature, the director secretary may approve not more than

  9  the lesser of $25 million in tax refunds than or the amount

10  appropriated to the Economic Development Trust Fund for tax

11  refunds, for a fiscal year pursuant to subsection (5) and s.

12  288.095.

13         (e)  For the first 6 months of each fiscal year, the

14  director secretary shall set aside 30 percent of the amount

15  appropriated for refunds pursuant to this section by the

16  Legislature to provide tax refunds only to qualified

17  applicants who employ 500 or fewer full-time employees in this

18  state. Any unencumbered funds remaining undisbursed from this

19  set-aside at the end of the 6-month period may be used to

20  provide tax refunds for any qualified applicants pursuant to

21  this section.

22         (f)  After entering into a tax refund agreement

23  pursuant to subsection (4), a qualified applicant may receive

24  refunds from the Economic Development Trust Fund for the

25  following taxes due and paid by the qualified applicant

26  beginning with the applicant's first taxable year that begins

27  after entering into the agreement:

28         1.  Taxes on sales, use, and other transactions paid

29  pursuant to chapter 212.

30         2.  Corporate income taxes paid pursuant to chapter

31  220.


                                 190

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         3.  Intangible personal property taxes paid pursuant to

  2  chapter 199.

  3         4.  Emergency excise taxes paid pursuant to chapter

  4  221.

  5         5.  Excise taxes paid on documents pursuant to chapter

  6  201.

  7         6.  Ad valorem taxes paid, as defined in s.

  8  220.03(1)(a) on June 1, 1996.

  9

10  However, a qualified applicant may not receive a tax refund

11  pursuant to this section for any amount of credit, refund, or

12  exemption granted such contractor for any of such taxes. If a

13  refund for such taxes is provided by the office Department of

14  Commerce, which taxes are subsequently adjusted by the

15  application of any credit, refund, or exemption granted to the

16  qualified applicant other than that provided in this section,

17  the qualified applicant shall reimburse the Economic

18  Development Trust Fund for the amount of such credit, refund,

19  or exemption. A qualified applicant must notify and tender

20  payment to the office Department of Commerce within 20 days

21  after receiving a credit, refund, or exemption, other than

22  that provided in this section.

23         (g)  Any qualified applicant who fraudulently claims

24  this refund is liable for repayment of the refund to the

25  Economic Development Trust Fund plus a mandatory penalty of

26  200 percent of the tax refund which shall be deposited into

27  the General Revenue Fund. Any qualified applicant who

28  fraudulently claims this refund commits a felony of the third

29  degree, punishable as provided in s. 775.082, s. 775.083, or

30  s. 775.084.

31


                                 191

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (h)  Funds made available pursuant to this section may

  2  not be expended in connection with the relocation of a

  3  business from one community to another community in this state

  4  unless the Office of Tourism, Trade, and Economic Development

  5  determines that without such relocation the business will move

  6  outside this state or determines that the business has a

  7  compelling economic rationale for the relocation which creates

  8  additional jobs.

  9         (3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY

10  DETERMINATION.--

11         (a)  To apply for certification as a qualified

12  applicant pursuant to this section, an applicant must file an

13  application with the office division which satisfies the

14  requirements of paragraphs (b) and (e), paragraphs (c) and

15  (e), or paragraphs (d) and (e). An applicant may not apply for

16  certification pursuant to this section after a proposal has

17  been submitted for a new Department of Defense contract, after

18  the applicant has made the decision to consolidate an existing

19  Department of Defense contract in this state for which such

20  applicant is seeking certification, or after the applicant has

21  made the decision to convert defense production jobs to

22  nondefense production jobs for which such applicant is seeking

23  certification.

24         (b)  Applications for certification based on the

25  consolidation of a Department of Defense contract or a new

26  Department of Defense contract must be submitted to the office

27  division as prescribed by the office Department of Commerce

28  and must include, but are not limited to, the following

29  information:

30

31


                                 192

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         1.  The applicant's federal employer identification

  2  number, the applicant's Florida sales tax registration number,

  3  and a notarized signature of an officer of the applicant.

  4         2.  The permanent location of the manufacturing,

  5  assembling, fabricating, research, development, or design

  6  facility in this state at which the project is or is to be

  7  located.

  8         3.  The Department of Defense contract numbers of the

  9  contract to be consolidated, the new Department of Defense

10  contract number, or the "RFP" number of a proposed Department

11  of Defense contract.

12         4.  The date the contract was executed or is expected

13  to be executed, and the date the contract is due to expire or

14  is expected to expire.

15         5.  The commencement date for project operations under

16  the contract in this state.

17         6.  The number of full-time equivalent jobs in this

18  state which are or will be dedicated to the project during the

19  year and the average wage of such jobs.

20         7.  The total number of full-time equivalent employees

21  employed by the applicant in this state.

22         8.  The percentage of the applicant's gross receipts

23  derived from Department of Defense contracts during the 5

24  taxable years immediately preceding the date the application

25  is submitted.

26         9.  The amount of:

27         a.  Taxes on sales, use, and other transactions paid

28  pursuant to chapter 212;

29         b.  Corporate income taxes paid pursuant to chapter

30  220;

31


                                 193

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         c.  Intangible personal property taxes paid pursuant to

  2  chapter 199;

  3         d.  Emergency excise taxes paid pursuant to chapter

  4  221;

  5         e.  Excise taxes paid on documents pursuant to chapter

  6  201; and

  7         f.  Ad valorem taxes paid

  8

  9  during the 5 fiscal years immediately preceding the date of

10  the application, and the projected amounts of such taxes to be

11  due in the 3 fiscal years immediately following the date of

12  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.


                                 194

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         13.  Any additional information requested by the office

  2  division.

  3         (c)  Applications for certification based on the

  4  conversion of defense production jobs to nondefense production

  5  jobs must be submitted to the office division as prescribed by

  6  the office Department of Commerce and must include, but are

  7  not limited to, the following information:

  8         1.  The applicant's federal employer identification

  9  number, the applicant's Florida sales tax registration number,

10  and a notarized signature of an officer of the applicant.

11         2.  The permanent location of the manufacturing,

12  assembling, fabricating, research, development, or design

13  facility in this state at which the project is or is to be

14  located.

15         3.  The Department of Defense contract numbers of the

16  contract under which the defense production jobs will be

17  converted to nondefense production jobs.

18         4.  The date the contract was executed, and the date

19  the contract is due to expire or is expected to expire, or was

20  canceled.

21         5.  The commencement date for the nondefense production

22  operations in this state.

23         6.  The number of full-time equivalent jobs in this

24  state which are or will be dedicated to the nondefense

25  production project during the year and the average wage of

26  such jobs.

27         7.  The total number of full-time equivalent employees

28  employed by the applicant in this state.

29         8.  The percentage of the applicant's gross receipts

30  derived from Department of Defense contracts during the 5

31


                                 195

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  taxable years immediately preceding the date the application

  2  is submitted.

  3         9.  The amount of:

  4         a.  Taxes on sales, use, and other transactions paid

  5  pursuant to chapter 212;

  6         b.  Corporate income taxes paid pursuant to chapter

  7  220;

  8         c.  Intangible personal property taxes paid pursuant to

  9  chapter 199;

10         d.  Emergency excise taxes paid pursuant to chapter

11  221;

12         e.  Excise taxes paid on documents pursuant to chapter

13  201; and

14         f.  Ad valorem taxes paid

15

16  during the 5 fiscal years immediately preceding the date of

17  the application, and the projected amounts of such taxes to be

18  due in the 3 fiscal years immediately following the date of

19  the application.

20         10.  The estimated amount of tax refunds to be claimed

21  in each fiscal year.

22         11.  A brief statement concerning the applicant's need

23  for tax refunds, and the proposed uses of such refunds by the

24  applicant.

25         12.  A resolution adopted by the county commissioners

26  of the county in which the project will be located, which

27  recommends the applicant be approved as a qualified applicant,

28  and which indicates that the necessary commitments of local

29  financial support for the applicant exist. Prior to the

30  adoption of the resolution, the county commission may review

31  the proposed public or private sources of such support and


                                 196

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  determine whether the proposed sources of local financial

  2  support can be provided or, for any applicant whose project is

  3  located in a county designated by the Rural Economic

  4  Development Initiative, a resolution adopted by the county

  5  commissioners of such county requesting that the applicant's

  6  project be exempt from the local financial support

  7  requirement.

  8         13.  Any additional information requested by the office

  9  division.

10         (d)  Applications for certification based on a contract

11  for reuse of a defense-related facility must be submitted to

12  the office division as prescribed by the office Department of

13  Commerce and must include, but are not limited to, the

14  following information:

15         1.  The applicant's Florida sales tax registration

16  number and a notarized signature of an officer of the

17  applicant.

18         2.  The permanent location of the manufacturing,

19  assembling, fabricating, research, development, or design

20  facility in this state at which the project is or is to be

21  located.

22         3.  The business entity holding a valid Department of

23  Defense contract or branch of the Armed Forces of the United

24  States that previously occupied the facility, and the date

25  such entity last occupied the facility.

26         4.  A copy of the contract to reuse the facility, or

27  such alternative proof as may be prescribed by the office

28  department that the applicant is seeking to contract for the

29  reuse of such facility.

30

31


                                 197

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         5.  The date the contract to reuse the facility was

  2  executed or is expected to be executed, and the date the

  3  contract is due to expire or is expected to expire.

  4         6.  The commencement date for project operations under

  5  the contract in this state.

  6         7.  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         8.  The total number of full-time equivalent employees

10  employed by the applicant in this state.

11         9.  The amount of:

12         a.  Taxes on sales, use, and other transactions paid

13  pursuant to chapter 212.

14         b.  Corporate income taxes paid pursuant to chapter

15  220.

16         c.  Intangible personal property taxes paid pursuant to

17  chapter 199.

18         d.  Emergency excise taxes paid pursuant to chapter

19  221.

20         e.  Excise taxes paid on documents pursuant to chapter

21  201.

22         f.  Ad valorem taxes paid during the 5 fiscal years

23  immediately preceding the date of the application, and the

24  projected amounts of such taxes to be due in the 3 fiscal

25  years immediately following the date of the application.

26         10.  The estimated amount of tax refunds to be claimed

27  in each fiscal year.

28         11.  A brief statement concerning the applicant's need

29  for tax refunds, and the proposed uses of such refunds by the

30  applicant.

31


                                 198

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         12.  A resolution adopted by the county commissioners

  2  of the county in which the project will be located, which

  3  recommends the applicant be approved as a qualified applicant,

  4  and which indicates that the necessary commitments of local

  5  financial support for the applicant exist. Prior to the

  6  adoption of the resolution, the county commission may review

  7  the proposed public or private sources of such support and

  8  determine whether the proposed sources of local financial

  9  support can be provided or, for any applicant whose project is

10  located in a county designated by the Rural Economic

11  Development Initiative, a resolution adopted by the county

12  commissioners of such county requesting that the applicant's

13  project be exempt from the local financial support

14  requirement.

15         13.  Any additional information requested by the office

16  division.

17         (e)  To qualify for review by the office division, the

18  application of an applicant must, at a minimum, establish the

19  following to the satisfaction of the office division:

20         1.  The jobs proposed to be provided under the

21  application, pursuant to subparagraph (b)6. or subparagraph

22  (c)6., must pay an estimated annual average wage equaling at

23  least 115 percent of the average wage in the area where the

24  project is to be located.

25         2.  The consolidation of a Department of Defense

26  contract must result in a net increase of at least 25 percent

27  in the number of jobs at the applicant's facilities in this

28  state or the addition of at least 80 jobs at the applicant's

29  facilities in this state.

30         3.  The conversion of defense production jobs to

31  nondefense production jobs must result in net increases in


                                 199

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  nondefense employment at the applicant's facilities in this

  2  state.

  3         4.  The Department of Defense contract cannot allow the

  4  business to include the costs of relocation or retooling in

  5  its base as allowable costs under a cost-plus, or similar,

  6  contract.

  7         5.  A business unit of the applicant must have derived

  8  not less than 70 percent of its gross receipts in this state

  9  from Department of Defense contracts over the applicant's last

10  fiscal year, and must have derived not less than 80 percent of

11  its gross receipts in this state from Department of Defense

12  contracts over the 5 years preceding the date an application

13  is submitted pursuant to this section. This subparagraph does

14  not apply to any application for certification based on a

15  contract for reuse of a defense-related facility.

16         6.  The reuse of a defense-related facility must result

17  in the creation of at least 100 jobs at such facility.

18         (f)  Each application meeting the requirements of

19  paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs

20  (d) and (e) must be submitted to the office division for a

21  determination of eligibility. The office division shall

22  review, evaluate, and score each application based on, but not

23  limited to, the following criteria:

24         1.  Expected contributions to the state strategic

25  economic development plan adopted by Enterprise Florida, Inc.,

26  taking into account the extent to which the project

27  contributes to the state's high-technology base, and the

28  long-term impact of the project and the applicant on the

29  state's economy.

30         2.  The economic benefit of the jobs created or

31  retained by the project in this state, taking into account the


                                 200

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  cost and average wage of each job created or retained, and the

  2  potential risk to existing jobs.

  3         3.  The amount of capital investment to be made by the

  4  applicant in this state.

  5         4.  The local commitment and support for the project

  6  and applicant.

  7         5.  The impact of the project on the local community,

  8  taking into account the unemployment rate for the county where

  9  the project will be located.

10         6.  The dependence of the local community on the

11  defense industry.

12         7.  The impact of any tax refunds granted pursuant to

13  this section on the viability of the project and the

14  probability that the project will occur in this state if such

15  tax refunds are granted to the applicant, taking into account

16  the expected long-term commitment of the applicant to economic

17  growth and employment in this state.

18         8.  The length of the project, or the expected

19  long-term commitment to this state resulting from the project.

20         (g)  The office division shall forward its written

21  findings and evaluation on each application meeting the

22  requirements of paragraphs (b) and (e), paragraphs (c) and

23  (e), or paragraphs (d) and (e) to the director secretary

24  within 60 calendar days of receipt of a complete application.

25  The office division shall notify each applicant when its

26  application is complete, and when the 60-day period begins. In

27  its written report to the director secretary, the office

28  division shall specifically address each of the factors

29  specified in paragraph (f), and shall make a specific

30  assessment with respect to the minimum requirements

31  established in paragraph (e). The office division shall


                                 201

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  include in its report projections of the tax refund claims

  2  that will be sought by the applicant in each fiscal year based

  3  on the information submitted in the application.

  4         (h)  Within 30 days after receipt of the office's

  5  division's findings and evaluation, the director secretary

  6  shall enter a final order that either approves or disapproves

  7  an application. The decision must be in writing and provide

  8  the justifications for either approval or disapproval. If

  9  appropriate, the director secretary shall enter into a written

10  agreement with the qualified applicant pursuant to subsection

11  (4).

12         (i)  The director secretary may not enter any final

13  order that certifies any applicant as a qualified applicant

14  when the value of tax refunds to be included in that final

15  order exceeds the available amount of authority to enter final

16  orders as determined in s. 288.095(3) aggregate amount of tax

17  refunds for all qualified applicants projected by the division

18  in any fiscal year exceeds the lesser of $25 million or the

19  amount appropriated for tax refunds for that fiscal year. A

20  final order that approves an application must specify the

21  maximum amount of a tax refund that is to be available to the

22  contractor in each fiscal year and the total amount of tax

23  refunds for all fiscal years.

24         (j)  This section does not create a presumption that an

25  applicant should receive any tax refunds under this section.

26         (4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND

27  AGREEMENT.--

28         (a)  A qualified applicant shall enter into a written

29  agreement with the office department containing, but not

30  limited to, the following:

31


                                 202

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         1.  The total number of full-time equivalent jobs in

  2  this state that are or will be dedicated to the qualified

  3  applicant's project, the average wage of such jobs, the

  4  definitions that will apply for measuring the achievement of

  5  these terms during the pendency of the agreement, and a time

  6  schedule or plan for when such jobs will be in place and

  7  active in this state. This information must be the same as the

  8  information contained in the application submitted by the

  9  contractor pursuant to subsection (3).

10         2.  The maximum amount of a refund that the qualified

11  applicant is eligible to receive in each fiscal year.

12         3.  An agreement with the office department allowing

13  the office department to review and verify the financial and

14  personnel records of the qualified applicant to ascertain

15  whether the qualified applicant is complying with the

16  requirements of this section.

17         4.  The date after which, each fiscal year, the

18  qualified applicant may file an annual claim pursuant to

19  subsection (5).

20         5.  That local financial support shall be annually

21  available and will be paid to the Economic Development Trust

22  Fund.

23         (b)  Compliance with the terms and conditions of the

24  agreement is a condition precedent for receipt of tax refunds

25  each year. The failure to comply with the terms and conditions

26  of the agreement shall result in the loss of eligibility for

27  receipt of all tax refunds previously authorized pursuant to

28  this section, and the revocation of the certification as a

29  qualified applicant by the director secretary.

30

31


                                 203

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (c)  The agreement shall be signed by the director

  2  secretary and the authorized officer of the qualified

  3  applicant.

  4         (d)  The agreement must contain the following legend,

  5  clearly printed on its face in bold type of not less than 10

  6  points:

  7

  8         "This agreement is neither a general obligation

  9         of the State of Florida, nor is it backed by

10         the full faith and credit of the State of

11         Florida. Payment of tax refunds are conditioned

12         on and subject to specific annual

13         appropriations by the Florida Legislature of

14         funds sufficient to pay amounts authorized in

15         s. 288.1045 s. 288.104, Florida Statutes."

16

17         (5)  ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE

18  CONTRACTOR.--

19         (a)  Qualified applicants who have entered into a

20  written agreement with the office department pursuant to

21  subsection (4) and who have entered into a valid new

22  Department of Defense contract, commenced the consolidation of

23  a Department of Defense contract, commenced the conversion of

24  defense production jobs to nondefense production jobs or who

25  have entered into a valid contract for reuse of a

26  defense-related facility may apply once each fiscal year to

27  the office Department of Commerce for tax refunds. The

28  application must be made on or after the date contained in the

29  agreement entered into pursuant to subsection (4) and must

30  include a notarized signature of an officer of the applicant.

31


                                 204

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (b)  The claim for refund by the qualified applicant

  2  must include a copy of all receipts pertaining to the payment

  3  of taxes for which a refund is sought, and data related to

  4  achieving each performance item contained in the tax refund

  5  agreement pursuant to subsection (4). The amount requested as

  6  a tax refund may not exceed the amount for the fiscal year in

  7  the written agreement entered pursuant to subsection (4).

  8         (c)  A tax refund may not be approved for any qualified

  9  applicant unless local financial support has been paid to the

10  Economic Development Trust Fund in that fiscal year. If the

11  local financial support is less than 20 percent of the

12  approved tax refund, the tax refund shall be reduced. The tax

13  refund paid may not exceed 5 times the local financial support

14  received. Funding from local sources includes tax abatement

15  under s. 196.1995 provided to a qualified applicant. The

16  amount of any tax refund for an applicant approved under this

17  section shall be reduced by the amount of any such tax

18  abatement, and the limitations in subsection (2) and paragraph

19  (3)(h) shall be reduced by the amount of any such tax

20  abatement. A report listing all sources of the local financial

21  support shall be provided to the office division when such

22  support is paid to the Economic Development Trust Fund.

23         (d)  The director secretary, with assistance from the

24  office division, the Department of Revenue, and the Department

25  of Labor and Employment Security, shall determine the amount

26  of the tax refund that is authorized for the qualified

27  applicant for the fiscal year in a written final order within

28  30 days after the date the claim for the annual tax refund is

29  received by the office Department of Commerce.

30         (e)  The total amount of tax refunds approved by the

31  director secretary under this section in any fiscal year may


                                 205

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  not exceed the amount appropriated to the Economic Development

  2  Trust Fund for such purposes for the fiscal year. If the

  3  Legislature does not appropriate an amount sufficient to

  4  satisfy projections by the office division for tax refunds in

  5  a fiscal year, the director secretary shall, not later than

  6  July 15 of such year, determine the proportion of each refund

  7  claim which shall be paid by dividing the amount appropriated

  8  for tax refunds for the fiscal year by the projected total

  9  amount of refund claims for the fiscal year. The amount of

10  each claim for a tax refund shall be multiplied by the

11  resulting quotient. If, after the payment of all such refund

12  claims, funds remain in the Economic Development Trust Fund

13  for tax refunds, the director secretary shall recalculate the

14  proportion for each refund claim and adjust the amount of each

15  claim accordingly.

16         (f)  Upon approval of the tax refund pursuant to

17  paragraphs (c) and (d), the Comptroller shall issue a warrant

18  for the amount included in the final order. In the event of

19  any appeal of the final order, the Comptroller may not issue a

20  warrant for a refund to the qualified applicant until the

21  conclusion of all appeals of the final order.

22         (g)  A prorated tax refund, less a 5 percent penalty,

23  shall be approved for a qualified applicant provided all other

24  applicable requirements have been satisfied and the applicant

25  proves to the satisfaction of the director that it has

26  achieved at least 80 percent of its projected employment.

27         (6)  ADMINISTRATION.--

28         (a)  The office may department shall adopt rules

29  pursuant to chapter 120 for the administration of this

30  section.

31


                                 206

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (b)  The office department may verify information

  2  provided in any claim submitted for tax credits under this

  3  section with regard to employment and wage levels or the

  4  payment of the taxes with the appropriate agency or authority

  5  including the Department of Revenue, the Department of Labor

  6  and Employment Security, or any local government or authority.

  7         (c)  To facilitate the process of monitoring and

  8  auditing applications made under this program, the office

  9  department may provide a list of qualified applicants to the

10  Department of Revenue, the Department of Labor and Employment

11  Security, or to any local government or authority. The office

12  department may request the assistance of said entities with

13  respect to monitoring the payment of the taxes listed in

14  subsection (2).

15         (d)  By December 1 of each year, the office department

16  shall submit a complete and detailed report to the Governor,

17  the President of the Senate, and the Speaker of the House of

18  Representatives of all tax refunds paid under this section,

19  including analyses of benefits and costs, types of projects

20  supported, employment and investment created, geographic

21  distribution of tax refunds granted, and minority business

22  participation.  The report must indicate whether the moneys

23  appropriated by the Legislature to the qualified applicant tax

24  refund program were expended in a prudent, fiducially sound

25  manner.

26         (7)  EXPIRATION.--An applicant may not be certified as

27  qualified under this section after June 30, 2004 1999.

28         Section 74.  Subsection (2) of section 212.097, Florida

29  Statutes, 1998 Supplement, is amended to read:

30         212.097  Urban High-Crime Area Job Tax Credit

31  Program.--


                                 207

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (2)  As used in this section, the term:

  2         (a)  "Eligible business" means any sole proprietorship,

  3  firm, partnership, or corporation that is located in a

  4  qualified county and is predominantly engaged in, or is

  5  headquarters for a business predominantly engaged in,

  6  activities usually provided for consideration by firms

  7  classified within the following standard industrial

  8  classifications:  SIC 01 through SIC 09 (agriculture,

  9  forestry, and fishing); SIC 20 through SIC 39 (manufacturing);

10  SIC 52 through SIC 57 and SIC 59 (retail); SIC 422 (public

11  warehousing and storage); SIC 70 (hotels and other lodging

12  places); SIC 7391 (research and development); SIC 7992 (public

13  golf courses); and SIC 7996 (amusement parks). A call center

14  or similar customer service operation that services a

15  multistate market or international market is also an eligible

16  business. In addition, the Office of Tourism, Trade, and

17  Economic Development may, as part of its final budget request

18  submitted pursuant to s. 216.023, recommend additions to or

19  deletions from the list of standard industrial classifications

20  used to determine an eligible business, and the Legislature

21  may implement such recommendations. Excluded from eligible

22  receipts are receipts from retail sales, except such receipts

23  for SIC 52 through SIC 57 and SIC 59 (retail) hotels and other

24  lodging places classified in SIC 70, public golf courses in

25  SIC 7992, and amusement parks in SIC 7996.  For purposes of

26  this paragraph, the term "predominantly" means that more than

27  50 percent of the business's gross receipts from all sources

28  is generated by those activities usually provided for

29  consideration by firms in the specified standard industrial

30  classification. The determination of whether the business is

31  located in a qualified high-crime area and the tier ranking of


                                 208

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  that area must be based on the date of application for the

  2  credit under this section. Commonly owned and controlled

  3  entities are to be considered a single business entity.

  4         (b)  "Qualified employee" means any employee of an

  5  eligible business who performs duties in connection with the

  6  operations of the business on a regular, full-time basis for

  7  an average of at least 36 hours per week for at least 3 months

  8  within the qualified high-crime area in which the eligible

  9  business is located. An owner or partner of the eligible

10  business is not a qualified employee. The term also includes

11  an employee leased from an employee leasing company licensed

12  under chapter 468, if such employee has been continuously

13  leased to the employer for an average of at least 36 hours per

14  week for more than 6 months.

15         (c)  "New business" means any eligible business first

16  beginning operation on a site in a qualified high-crime area

17  and clearly separate from any other commercial or business

18  operation of the business entity within a qualified high-crime

19  area. A business entity that operated an eligible business

20  within a qualified high-crime area within the 48 months before

21  the period provided for application by subsection (3) is not

22  considered a new business.

23         (d)  "Existing business" means any eligible business

24  that does not meet the criteria for a new business.

25         (e)  "Qualified high-crime area" means an area selected

26  by the Office of Tourism, Trade, and Economic Development in

27  the following manner: every third year, the office shall rank

28  and tier those areas nominated under subsection (8), according

29  to the following prioritized criteria:

30

31


                                 209

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         1.  Highest arrest rates within the geographic area for

  2  violent crime and for such other crimes as drug sale, drug

  3  possession, prostitution, vandalism, and civil disturbances;

  4         2.  Highest reported crime volume and rate of specific

  5  property crimes such as business and residential burglary,

  6  motor vehicle theft, and vandalism;

  7         3.  Highest percentage of reported index crimes that

  8  are violent in nature;

  9         4.  Highest overall index crime volume for the area;

10  and

11         5.  Highest overall index crime rate for the geographic

12  area.

13

14  Tier-one areas are ranked 1 through 5 and represent the

15  highest crime areas according to this ranking.  Tier-two areas

16  are ranked 6 through 10 according to this ranking.  Tier-three

17  areas are ranked 11 through 15.

18         Section 75.  Paragraph (a) of subsection (2) of section

19  212.098, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         212.098  Rural Job Tax Credit Program.--

22         (2)  As used in this section, the term:

23         (a)  "Eligible business" means any sole proprietorship,

24  firm, partnership, or corporation that is located in a

25  qualified county and is predominantly engaged in, or is

26  headquarters for a business predominantly engaged in,

27  activities usually provided for consideration by firms

28  classified within the following standard industrial

29  classifications:  SIC 01 through SIC 09 (agriculture,

30  forestry, and fishing); SIC 20 through SIC 39 (manufacturing);

31  SIC 422 (public warehousing and storage); SIC 70 (hotels and


                                 210

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  other lodging places); SIC 7391 (research and development);

  2  SIC 7992 (public golf courses); and SIC 7996 (amusement

  3  parks). A call center or similar customer service operation

  4  that services a multistate market or an international market

  5  is also an eligible business. In addition, the Office of

  6  Tourism, Trade, and Economic Development may, as part of its

  7  final budget request submitted pursuant to s. 216.023,

  8  recommend additions to or deletions from the list of standard

  9  industrial classifications used to determine an eligible

10  business, and the Legislature may implement such

11  recommendations. Excluded from eligible receipts are receipts

12  from retail sales, except such receipts for hotels and other

13  lodging places classified in SIC 70, public golf courses in

14  SIC 7992, and amusement parks in SIC 7996.  For purposes of

15  this paragraph, the term "predominantly" means that more than

16  50 percent of the business's gross receipts from all sources

17  is generated by those activities usually provided for

18  consideration by firms in the specified standard industrial

19  classification. The determination of whether the business is

20  located in a qualified county and the tier ranking of that

21  county must be based on the date of application for the credit

22  under this section. Commonly owned and controlled entities are

23  to be considered a single business entity.

24         Section 76.  (1)  There is created the Institute on

25  Urban Policy and Commerce as a Type I Institute under the

26  Board of Regents at Florida Agricultural and Mechanical

27  University to improve the quality of life in urban communities

28  through research, teaching, and outreach activities.

29         (2)  The major purposes of the institute are to pursue

30  basic and applied research on urban policy issues confronting

31  the inner-city areas and neighborhoods in the state; to


                                 211

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  influence the equitable allocation and stewardship of federal,

  2  state, and local financial resources; to train a new

  3  generation of civic leaders and university students interested

  4  in approaches to community planning and design; to assist with

  5  the planning, development, and capacity building of urban area

  6  nonprofit organizations and government agencies; to develop

  7  and maintain a database relating to inner-city areas; and to

  8  support the community development efforts of inner-city areas,

  9  neighborhood-based organizations, and municipal agencies.

10         (3)  The institute shall research and recommend

11  strategies concerning critical issues facing the underserved

12  population in urban communities, including, but not limited

13  to, transportation and physical infrastructure; affordable

14  housing; tourism and commerce; environmental restoration; job

15  development and retention; child care; public health;

16  life-long learning; family intervention; public safety; and

17  community relations.

18         (4)  The institute may establish regional urban centers

19  to be located in the inner cities of St. Petersburg, Tampa,

20  Jacksonville, Orlando, West Palm Beach, Fort Lauderdale,

21  Miami, Daytona Beach, and Pensacola to assist urban

22  communities on critical economic, social, and educational

23  problems affecting the underserved population.

24         (5)  Before January 1 of each year, the institute shall

25  submit a report of its critical findings and recommendations

26  for the prior year to the President of the Senate, the Speaker

27  of the House of Representatives, and the appropriate

28  committees of the Legislature. The report shall be titled "The

29  State of Unmet Needs in Florida's Urban Communities" and shall

30  include, but is not limited to, a recommended list of

31  resources that could be made available for revitalizing urban


                                 212

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  communities; significant accomplishments and activities of the

  2  institute; and recommendations concerning the expansion,

  3  improvement, or termination of the institute.

  4         (6)  The Governor shall submit an annual report to the

  5  Legislature on the unmet needs in the state's urban

  6  communities.

  7         Section 77.  Section 339.081, Florida Statutes, is

  8  created to read:

  9         339.081  Workforce and Economic Development

10  Transportation Program; program funding; funding

11  eligibility.--

12         (1)  There is created within the Department of

13  Transportation the Workforce and Economic Development

14  Transportation Program.

15         (2)  Program funding shall be as follows:

16         (a)  For Fiscal Year 1999-2000, up to $50 million.

17         1.  Of such funds, 50 percent will be allocated to

18  projects of regional significance which promote economic

19  development.

20         2.  The remaining 50 percent shall be allocated for the

21  purpose of economic development and creating jobs for WAGES

22  participants.

23         (b)  For Fiscal Year 2000-2001, up to $75 million.

24         1.  Of such funds, 60 percent will be allocated to

25  projects of regional significance which promote economic

26  development.

27         2.  The remaining 40 percent shall be allocated for the

28  purpose of economic development and creating jobs for WAGES

29  participants.

30         (c)  For Fiscal Year 2001-2002, and for each year

31  thereafter, up to $100 million adjusted annually by the change


                                 213

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  in the Consumer Price Index as compared to the previous fiscal

  2  year.

  3         1.  Of such funds, 60 percent will be allocated to

  4  projects of regional significance which promote economic

  5  development.

  6         2.  The remaining 40 percent shall be allocated for the

  7  purpose of economic development and creating jobs for WAGES

  8  participants.

  9         (3)  Project selection shall be in accordance with s.

10  288.063 or s. 414.030, and funds shall be transferred from the

11  Department of Transportation to the Office of Tourism, Trade,

12  and Economic Development as needed to finance selected

13  projects.

14         Section 78.  The sum of $50 million is hereby

15  appropriated for Fiscal Year 1999-2000 from the State

16  Transportation Trust Fund to the Department of Transportation

17  for the Workforce and Economic Development Transportation

18  Program under section 339.081, Florida Statutes.

19         Section 79.  Legislative intent.--

20         (1)  The Legislature finds and declares that because of

21  climate, tourism, industrialization, technological advances,

22  federal and state government policies, transportation, and

23  migration, Florida's urban communities have grown rapidly over

24  the past 40 years. This growth and prosperity, however, have

25  not been shared by Florida's rural communities, although they

26  are the stewards of the vast majority of the land and natural

27  resources. Without this land and these resources, the state's

28  growth and prosperity cannot continue. In short, successful

29  rural communities are essential to the overall success of the

30  state's economy.

31


                                 214

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (2)  The Legislature further finds and declares that

  2  many rural areas of the state are experiencing not only a lack

  3  of growth, but severe and sustained economic distress. Median

  4  household incomes are significantly less than the state's

  5  median household income level. Job creation rates trail those

  6  in more urbanized areas. In many cases, rural counties have

  7  lost jobs, which handicaps local economies and drains wealth

  8  from these communities. These and other factors, including

  9  government policies, amplify and compound social, health, and

10  community problems, making job creation and economic

11  development even more difficult. Moreover, the Legislature

12  finds that traditional program and service delivery is often

13  hampered by the necessarily rigid structure of the programs

14  themselves and the lack of local resources.

15         (3)  It is the intent of the Legislature to provide for

16  the most efficient and effective delivery of programs of

17  assistance and support to rural communities, including the

18  use, where appropriate, of regulatory flexibility through

19  multiagency coordination and adequate funding. Therefore, the

20  Legislature determines and declares that the provisions of

21  this act fulfill an important state interest.

22         Section 80.  Paragraph (a) of subsection (6) of section

23  163.3177, Florida Statutes, 1998 Supplement, is amended to

24  read:

25         163.3177  Required and optional elements of

26  comprehensive plan; studies and surveys.--

27         (6)  In addition to the requirements of subsections

28  (1)-(5), the comprehensive plan shall include the following

29  elements:

30         (a)  A future land use plan element designating

31  proposed future general distribution, location, and extent of


                                 215

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  the uses of land for residential uses, commercial uses,

  2  industry, agriculture, recreation, conservation, education,

  3  public buildings and grounds, other public facilities, and

  4  other categories of the public and private uses of land.  The

  5  future land use plan shall include standards to be followed in

  6  the control and distribution of population densities and

  7  building and structure intensities.  The proposed

  8  distribution, location, and extent of the various categories

  9  of land use shall be shown on a land use map or map series

10  which shall be supplemented by goals, policies, and measurable

11  objectives.  Each land use category shall be defined in terms

12  of the types of uses included and specific standards for the

13  density or intensity of use.  The future land use plan shall

14  be based upon surveys, studies, and data regarding the area,

15  including the amount of land required to accommodate

16  anticipated growth; the projected population of the area; the

17  character of undeveloped land; the availability of public

18  services; and the need for redevelopment, including the

19  renewal of blighted areas and the elimination of nonconforming

20  uses which are inconsistent with the character of the

21  community; and, in rural communities, the need for job

22  creation, capital investment, and economic development that

23  will strengthen and diversify the community's economy. The

24  future land use plan may designate areas for future planned

25  development use involving combinations of types of uses for

26  which special regulations may be necessary to ensure

27  development in accord with the principles and standards of the

28  comprehensive plan and this act. In addition, for rural

29  communities, the amount of land designated for future planned

30  industrial use shall be based upon surveys and studies that

31  reflect the need for job creation, capital investment, and the


                                 216

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  necessity to strengthen and diversify the local economies, and

  2  shall not be limited solely by the projected population of the

  3  rural community. The future land use plan of a county may also

  4  designate areas for possible future municipal incorporation.

  5  The land use maps or map series shall generally identify and

  6  depict historic district boundaries and shall designate

  7  historically significant properties meriting protection.  The

  8  future land use element must clearly identify the land use

  9  categories in which public schools are an allowable use.  When

10  delineating the land use categories in which public schools

11  are an allowable use, a local government shall include in the

12  categories sufficient land proximate to residential

13  development to meet the projected needs for schools in

14  coordination with public school boards and may establish

15  differing criteria for schools of different type or size.

16  Each local government shall include lands contiguous to

17  existing school sites, to the maximum extent possible, within

18  the land use categories in which public schools are an

19  allowable use. All comprehensive plans must comply with this

20  paragraph no later than October 1, 1999, or the deadline for

21  the local government evaluation and appraisal report,

22  whichever occurs first. The failure by a local government to

23  comply with this requirement will result in the prohibition of

24  the local government's ability to amend the local

25  comprehensive plan as provided by s. 163.3187(6). An amendment

26  proposed by a local government for purposes of identifying the

27  land use categories in which public schools are an allowable

28  use is exempt from the limitation on the frequency of plan

29  amendments contained in s. 163.3187. The future land use

30  element shall include criteria which encourage the location of

31  schools proximate to urban residential areas to the extent


                                 217

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  possible and shall require that the local government seek to

  2  collocate public facilities, such as parks, libraries, and

  3  community centers, with schools to the extent possible.

  4         Section 81.  Subsection (5) is added to section

  5  186.502, Florida Statutes, to read:

  6         186.502  Legislative findings; public purpose.--

  7         (5)  The regional planning council shall have a duty to

  8  assist local governments with activities designed to promote

  9  and facilitate economic development in the geographic area

10  covered by the council.

11         Section 82.  Subsection (4) of section 186.504, Florida

12  Statutes, is amended to read:

13         186.504  Regional planning councils; creation;

14  membership.--

15         (4)  In addition to voting members appointed pursuant

16  to paragraph (2)(c), the Governor shall appoint the following

17  ex officio nonvoting members to each regional planning

18  council:

19         (a)  A representative of the Department of

20  Transportation.

21         (b)  A representative of the Department of

22  Environmental Protection.

23         (c)  A representative nominated by Enterprise Florida,

24  Inc., and the Office of Tourism, Trade, and Economic

25  Development of the Department of Commerce.

26         (d)  A representative of the appropriate water

27  management district or districts.

28

29  The Governor may also appoint ex officio nonvoting members

30  representing appropriate metropolitan planning organizations

31  and regional water supply authorities.


                                 218

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         Section 83.  Subsection (25) is added to section

  2  186.505, Florida Statutes, to read:

  3         186.505  Regional planning councils; powers and

  4  duties.--Any regional planning council created hereunder shall

  5  have the following powers:

  6         (25)  To use personnel, consultants, or technical or

  7  professional assistants of the council to help local

  8  governments within the geographic area covered by the council

  9  conduct economic development activities.

10         Section 84.  Subsections (1) and (3) of section

11  288.018, Florida Statutes, are amended to read:

12         288.018  Regional Rural Development Grants Program.--

13         (1)  The Office of Tourism, Trade, and Economic

14  Development shall establish a matching grant program to

15  provide funding to regionally based economic development

16  organizations representing rural counties and communities for

17  the purpose of building the professional capacity of their

18  organizations. The Office of Tourism, Trade, and Economic

19  Development is authorized to approve, on an annual basis,

20  grants to such regionally based economic development

21  organizations. The maximum amount an organization may receive

22  in any year will be $35,000, or $100,000 in a rural area of

23  critical economic concern recommended by the Rural Economic

24  Development Initiative and designated by the Governor, $20,000

25  and must be matched each year by an equivalent amount of

26  nonstate resources.

27         (3)  The Office of Tourism, Trade, and Economic

28  Development may expend up to $600,000 $100,000 each fiscal

29  year from funds appropriated to the Rural Community

30  Development Revolving Loan Fund for the purposes outlined in

31  this section.


                                 219

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         Section 85.  Subsection (2) of section 288.065, Florida

  2  Statutes, is amended to read:

  3         288.065  Rural Community Development Revolving Loan

  4  Fund.--

  5         (2)  The program shall provide for long-term loans,

  6  loan guarantees, and loan loss reserves to units of local

  7  governments within counties with populations of 75,000 or less

  8  than 50,000, or any county that has a population of 100,000 or

  9  less and is contiguous to a county with a population of 75,000

10  or less than 50,000, as determined by the most recent official

11  estimate pursuant to s. 186.901, residing in incorporated and

12  unincorporated areas of the county. Requests for loans shall

13  be made by application to the Office of Tourism, Trade, and

14  Economic Development. Loans shall be made pursuant to

15  agreements specifying the terms and conditions agreed to

16  between the local government and the Office of Tourism, Trade,

17  and Economic Development. The loans shall be the legal

18  obligations of the local government. All repayments of

19  principal and interest shall be returned to the loan fund and

20  made available for loans to other applicants. However, in a

21  rural area of critical economic concern designated by the

22  Governor, and upon approval by the Office of Tourism, Trade,

23  and Economic Development, repayments of principal and interest

24  may be retained by a unit of local government if such

25  repayments are dedicated and matched to fund regionally based

26  economic development organizations representing the rural area

27  of critical economic concern.

28         Section 86.  Section 288.0655, Florida Statutes, is

29  created to read:

30         288.0655  Rural Infrastructure Fund.--

31


                                 220

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (1)  There is created within the Office of Tourism,

  2  Trade, and Economic Development the Rural Infrastructure Fund

  3  to facilitate the planning, preparing, and financing of

  4  infrastructure projects in rural communities which will

  5  encourage job creation, capital investment, and the

  6  strengthening and diversification of rural economies by

  7  promoting tourism, trade, and economic development.

  8         (2)  On July 1, 1999, and annually thereafter, $8

  9  million shall be deposited in the Economic Development Trust

10  Fund, as provided in s. 320.20(5), solely for the purpose of

11  funding the Rural Infrastructure Fund.

12         (3)(a)  Funds under this section shall be distributed

13  by the office through a grant program that maximizes the use

14  of federal, local, and private resources, including, but not

15  limited to, those available under the Small Cities Community

16  Development Block Grant Program.

17         (b)  To facilitate access of rural communities and

18  rural areas of critical economic concern as defined by the

19  Rural Economic Development Initiative to infrastructure

20  funding programs of the Federal Government, such as those

21  offered by the U.S. Department of Agriculture and the U.S.

22  Department of Commerce, the office may award grants to

23  applicants for such federal programs for up to 30 percent of

24  the total infrastructure project cost. Eligible projects must

25  be related to specific job-creating opportunities. Eligible

26  uses of funds shall include improvements to public

27  infrastructure for industrial or commercial sites and upgrades

28  to or development of public tourism infrastructure. Authorized

29  infrastructure may include the following public or

30  public-private partnership facilities: storm water systems;

31  telecommunications facilities; roads or other remedies to


                                 221

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  transportation impediments; nature-based tourism facilities;

  2  or other physical requirements necessary to facilitate

  3  tourism, trade, and economic development activities in the

  4  community. Authorized infrastructure may also include

  5  publicly-owned self-powered nature-based tourism facilities

  6  and additions to the distribution facilities of the existing

  7  natural gas utility as defined in s. 366.04(3)(c), the

  8  existing electric utility as defined in s. 366.02, or the

  9  existing water or wastewater utility as defined in s.

10  367.021(12), or any other existing water or wastewater

11  facility, which owns a gas or electric distribution system or

12  a water or wastewater system in this state where:

13         1.  A contribution-in-aid of construction is required

14  to serve public or public-private partnership facilities under

15  the tariffs of any natural gas, electric, water or wastewater

16  utility as defined herein; and

17         2.  Such utilities as defined herein are willing and

18  able to provide such service.

19         (c)  To facilitate timely response and induce the

20  location or expansion of specific job creating opportunities,

21  the office may award grants for infrastructure feasibility

22  studies, design and engineering activities, or other

23  infrastructure planning and preparation activities. Authorized

24  grants shall be up to $50,000 for an employment project with a

25  business committed to create at least 100 jobs, up to $150,000

26  for an employment project with a business committed to create

27  at least 300 jobs, and up to $300,000 for a project in a rural

28  area of critical economic concern. Grants awarded under this

29  paragraph may be used in conjunction with grants awarded under

30  paragraph (b), provided that the total amount of both grants

31  does not exceed 30 percent of the total project cost. In


                                 222

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  evaluating applications under this paragraph, the office shall

  2  consider the extent to which the application seeks to minimize

  3  administrative and consultant expenses.

  4         (d)  By September 1, 1999, the office shall pursue

  5  execution of a memorandum of agreement with the U.S.

  6  Department of Agriculture under which state funds available

  7  through the Rural Infrastructure Fund may be advanced, in

  8  excess of the prescribed state share, for a project that has

  9  received from the department a preliminary determination of

10  eligibility for federal financial support. State funds in

11  excess of the prescribed state share which are advanced

12  pursuant to this paragraph and the memorandum of agreement

13  shall be reimbursed when funds are awarded under an

14  application for federal funding.

15         (e)  To enable local governments to access the

16  resources available pursuant to s. 403.973(16), the office may

17  award grants for surveys, feasibility studies, and other

18  activities related to the identification and preclearance

19  review of land which is suitable for preclearance review.

20  Authorized grants under this paragraph shall not exceed

21  $75,000 each, except in the case of a project in a rural area

22  of critical economic concern, in which case the grant shall

23  not exceed $300,000. Any funds awarded under this paragraph

24  must be matched at a level of 50 percent with local funds,

25  except that any funds awarded for a project in a rural area of

26  critical economic concern must be matched at a level of 33

27  percent with local funds. In evaluating applications under

28  this paragraph, the office shall consider the extent to which

29  the application seeks to minimize administrative and

30  consultant expenses.

31


                                 223

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (4)  The office, in consultation with Enterprise

  2  Florida, Inc., VISIT Florida, the Department of Environmental

  3  Protection, and the Florida Fish and Wildlife Conservation

  4  Commission, as appropriate, shall review applications and

  5  evaluate the economic benefit of the projects and their

  6  long-term viability. The office shall have final approval for

  7  any grant under this section and must make a grant decision

  8  within 30 days of receiving a completed application.

  9         (5)  By September 1, 1999, the office shall, in

10  consultation with the organizations listed in subsection (4),

11  and other organizations, develop guidelines and criteria

12  governing submission of applications for funding, review and

13  evaluation of such applications, and approval of funding under

14  this section. The office shall consider factors including, but

15  not limited to, the project's potential for enhanced job

16  creation or increased capital investment, the demonstration of

17  local public and private commitment, the location of the

18  project in an enterprise zone, the location of the project in

19  a community development corporation service area as defined in

20  s. 290.035(2), the location of the project in a county

21  designated under s. 212.097, the unemployment rate of the

22  surrounding area, and the poverty rate of the community.

23         (6)  Notwithstanding the provisions of s. 216.301,

24  funds appropriated for the purposes of this section shall not

25  be subject to reversion.

26         Section 87.  Present subsection (5) of section 320.20,

27  Florida Statutes, is redesignated as subsection (6) and a new

28  subsection (5) is added to that section to read:

29         320.20  Disposition of license tax moneys.--The revenue

30  derived from the registration of motor vehicles, including any

31  delinquent fees and excluding those revenues collected and


                                 224

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  distributed under the provisions of s. 320.081, must be

  2  distributed monthly, as collected, as follows:

  3         (5)  Notwithstanding any other provision of law except

  4  subsections (1), (2), (3), and (4), on July 1, 1999, and

  5  annually thereafter, $8 million shall be deposited in the

  6  Economic Development Trust Fund under s. 288.095, solely for

  7  the purposes of funding the Rural Infrastructure Fund under s.

  8  288.0655. Such revenues may be assigned, pledged, or set aside

  9  as a trust for the payment of principal or interest on bonds,

10  grant anticipation notes, variable rate demand obligations,

11  including, but not limited to, tax exempt commercial paper and

12  derivative instruments, or any other form of indebtedness, or

13  used to purchase credit support to permit such borrowings,

14  issued by a governing body under s. 163.01(7)(d), or

15  appropriate local government having jurisdiction thereof, or

16  collectively by interlocal agreement among any applicable

17  government; however, such debt shall not constitute a general

18  obligation of the State of Florida. The state does hereby

19  covenant with holders of such revenue bonds or other

20  instruments of indebtedness issued hereunder that it will not

21  repeal or impair or amend in any manner that will materially

22  and adversely affect the rights of such holders so long as

23  bonds authorized by this subsection are outstanding. Any

24  revenues which are not pledged to the repayment of bonds as

25  authorized by this subsection may be utilized for purposes

26  authorized under the Rural Infrastructure Fund. The Office of

27  Tourism, Trade, and Economic Development shall approve

28  distribution of funds for rural infrastructure related to

29  tourism, trade, and economic development. The office and the

30  Department of Transportation are authorized to perform such

31  acts as are required to facilitate and implement the


                                 225

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  provisions of this subsection. To better enable the counties

  2  and the Office of Tourism, Trade, and Economic Development to

  3  cooperate to their mutual advantage, the governing body of

  4  each government may exercise powers provided to municipalities

  5  or counties in s. 163.01(7)(d). The use of funds provided

  6  under this subsection is limited to eligible projects listed

  7  in s. 288.0655. Unexpended proceeds derived from a project

  8  completed with the use of program funds, beyond operating

  9  costs and debt service, shall be restricted to further capital

10  improvements consistent with tourism, trade, and economic

11  development infrastructure purposes and for no other purpose.

12  Use of such unexpended proceeds for purposes other than

13  tourism, trade, and economic development infrastructure is

14  prohibited. Any funds deposited in the Economic Development

15  Trust Fund for the purposes of the Rural Infrastructure Fund

16  under s. 288.0655 shall not be diverted to any other purpose.

17  Any such diversion shall trigger immediate repayment to the

18  Economic Development Trust Fund from the Working Capital Trust

19  Fund.

20         Section 88.  Rural Economic Development Initiative.--

21         (1)  The Rural Economic Development Initiative, known

22  as "REDI," is created within the Office of Tourism, Trade, and

23  Economic Development, and the participation of state and

24  regional agencies in this initiative is authorized.

25         (2)  As used in this section, the term:

26         (a)  "Economic distress" means conditions affecting the

27  fiscal and economic viability of a rural community, including

28  such factors as low per capita income, low per capita taxable

29  values, high unemployment, high underemployment, low weekly

30  earned wages compared to the state average, low housing values

31  compared to the state average, high percentages of the


                                 226

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  population receiving public assistance, high poverty levels

  2  compared to the state average, and a lack of year-round stable

  3  employment opportunities.

  4         (b)  "Rural community" means:

  5         1.  A county with a population of 75,000 or less.

  6         2.  A county with a population of 100,000 or less that

  7  is contiguous to a county with a population of 75,000 or less.

  8         3.  A municipality within a county described in

  9  subparagraph 1. or subparagraph 2.

10         4.  An unincorporated federal enterprise community or

11  an incorporated rural city with a population of 25,000 or less

12  and an employment base focused on traditional agricultural or

13  resource-based industries, located in a county not defined as

14  rural, which has at least three or more of the economic

15  distress factors identified in paragraph (2)(a) and verified

16  by the Office of Tourism, Trade, and Economic Development.

17

18  For purposes of this paragraph, population shall be determined

19  in accordance with the most recent official estimate pursuant

20  to section 186.901, Florida Statutes.

21         (3)  REDI shall be responsible for coordinating and

22  focusing the efforts and resources of state and regional

23  agencies on the problems which affect the fiscal, economic,

24  and community viability of Florida's economically distressed

25  rural communities, working with local governments,

26  community-based organizations, and private organizations that

27  have an interest in the growth and development of these

28  communities to find ways to balance environmental and growth

29  management issues with local needs.

30

31


                                 227

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (4)  REDI shall review and evaluate the impact of

  2  statutes and rules on rural communities and shall work to

  3  minimize any adverse impact.

  4         (5)  REDI shall facilitate better access to state

  5  resources by promoting direct access and referrals to

  6  appropriate state and regional agencies and statewide

  7  organizations. REDI may undertake outreach, capacity-building,

  8  and other advocacy efforts to improve conditions in rural

  9  communities. These activities may include sponsorship of

10  conferences and achievement awards.

11         (6)(a)  No later than August 1, 1999, the head of each

12  of the following agencies and organizations shall designate a

13  high-level staff person from within the agency or organization

14  to serve as the REDI representative for the agency or

15  organization:

16         1.  The Department of Community Affairs.

17         2.  The Department of Transportation.

18         3.  The Department of Environmental Protection.

19         4.  The Department of Agriculture and Consumer

20  Services.

21         5.  The Department of State.

22         6.  The Department of Health.

23         7.  The Department of Children and Family Services.

24         8.  The Department of Corrections.

25         9.  The Department of Labor and Employment Security.

26         10.  The Department of Education.

27         11.  The Fish and Wildlife Conservation Commission.

28         12.  Each water management district.

29         13.  Enterprise Florida, Inc.

30         14.  The Florida Commission on Tourism or VISIT

31  Florida.


                                 228

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         15.  The Florida Regional Planning Council Association.

  2         16.  The Florida State Rural Development Council.

  3         17.  The Institute of Food and Agricultural Sciences

  4  (IFAS).

  5

  6  An alternate for each designee shall also be chosen, and the

  7  names of the designees and alternates shall be sent to the

  8  director of the Office of Tourism, Trade, and Economic

  9  Development.

10         (b)  Each REDI representative must have comprehensive

11  knowledge of his or her agency's functions, both regulatory

12  and service in nature, and of the state's economic goals,

13  policies, and programs. This person shall be the primary point

14  of contact for his or her agency with REDI on issues and

15  projects relating to economically distressed rural communities

16  and with regard to expediting project review, shall ensure a

17  prompt effective response to problems arising with regard to

18  rural issues, and shall work closely with the other REDI

19  representatives in the identification of opportunities for

20  preferential awards of program funds and allowances and waiver

21  of program requirements when necessary to encourage and

22  facilitate long-term private capital investment and job

23  creation.

24         (c)  The REDI representatives shall work with REDI in

25  the review and evaluation of statutes and rules for adverse

26  impact on rural communities and the development of alternative

27  proposals to mitigate that impact.

28         (d)  Each REDI representative shall be responsible for

29  ensuring that each district office or facility of his or her

30  agency is informed about the Rural Economic Development

31


                                 229

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Initiative and for providing assistance throughout the agency

  2  in the implementation of REDI activities.

  3         (7)  REDI may recommend to the Governor up to three

  4  rural areas of critical economic concern. A rural area of

  5  critical economic concern must be a rural community, or a

  6  region composed of such, that has been adversely affected by

  7  an extraordinary economic event or a natural disaster or that

  8  presents a unique economic development opportunity of regional

  9  impact that will create more than 1,000 jobs over a 5-year

10  period. The Governor may by executive order designate up to

11  three rural areas of critical economic concern which will

12  establish these areas as priority assignments for REDI as well

13  as to allow the Governor, acting through REDI, to:

14         (a)  Waive criteria, requirements, or similar

15  provisions of any economic development incentive. Such

16  incentives shall include, but not be limited to: the Qualified

17  Target Industry Tax Refund Program under section 288.106,

18  Florida Statutes, the Quick Response Training Program under

19  section 288.047, Florida Statutes, the WAGES Quick Response

20  Training Program under section 288.047(10), Florida Statutes,

21  transportation projects under section 288.063, Florida

22  Statutes, the brownfield redevelopment bonus refund under

23  section 288.107, Florida Statutes, and the rural job tax

24  credit program under sections 212.098 and 220.1895, Florida

25  Statutes.

26         (b)  Waive agency rules to empower the agency to commit

27  and coordinate their resources, staff, or assistance to these

28  rural communities, as well as to suspend procedural

29  requirements of law that do not compromise the public's

30  health, safety, or welfare.

31


                                 230

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (c)  Provide rapid response assistance, training

  2  services, and educational opportunities for employees; develop

  3  training programs; and pay tuition or training expenses for

  4  employees from resources coordinated by the Workforce

  5  Development Board.

  6         (d)  Commit the resources or benefits of the Rural

  7  Community Development Revolving Loan Fund under section

  8  288.065, Florida Statutes, the Regional Rural Grants Program

  9  under section 288.018, Florida Statutes, the rural job tax

10  credit program under sections 212.098 and 220.1895, Florida

11  Statutes, and the federal Community Development Block Grant

12  Program.

13         (e)  Direct the assignment of staffing and resources

14  from Enterprise Florida, Inc.

15

16  Designation as a rural area of critical economic concern under

17  this subsection shall be contingent upon the execution of a

18  memorandum of agreement among the Office of Tourism, Trade,

19  and Economic Development, the governing body of the county,

20  and the governing bodies of any municipalities to be included

21  within a rural area of critical economic concern. Such

22  agreement shall specify the terms and conditions of the

23  designation, including, but not limited to, the duties and

24  responsibilities of the county and any participating

25  municipalities to take actions designed to facilitate the

26  retention and expansion of existing businesses in the area, as

27  well as the recruitment of new businesses to the area.

28         (8)  REDI shall submit a report to the Governor, the

29  President of the Senate, and the Speaker of the House of

30  Representatives each year on or before February 1 on all REDI

31  activities. This report shall include a status report on all


                                 231

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  projects currently being coordinated through REDI, the number

  2  of preferential awards and allowances made pursuant to this

  3  section, the dollar amount of such awards, and the names of

  4  the recipients. The report shall also include a description of

  5  all waivers of program requirements granted. The report shall

  6  also include information as to the economic impact of the

  7  projects coordinated by REDI.

  8         Section 89.  Florida rural economic development

  9  strategy grants.--

10         (1)  As used in this section, the term "rural

11  community" means:

12         (a)  A county with a population of 75,000 or less.

13         (b)  A county with a population of 100,000 or less that

14  is contiguous to a county with a population of 75,000 or less.

15         (c)  A municipality within a county described in

16  paragraph (a) or paragraph (b).

17

18  For purposes of this subsection, population shall be

19  determined in accordance with the most recent official

20  estimate pursuant to section 186.901, Florida Statutes.

21         (2)  The Office of Tourism, Trade, and Economic

22  Development may accept and administer moneys appropriated to

23  the office for providing grants to assist rural communities to

24  develop and implement strategic economic development plans.

25         (3)  A rural community, an economic development

26  organization in a rural area, or a regional organization

27  representing at least one rural community or such economic

28  development organizations may apply for such grants.

29         (4)  Enterprise Florida, Inc., and VISIT Florida, shall

30  establish criteria for reviewing grant applications. These

31  criteria shall include, but are not limited to, the degree of


                                 232

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  participation and commitment by the local community and the

  2  application's consistency with local comprehensive plans or

  3  the application's proposal to ensure such consistency. The

  4  International Trade and Economic Development Board of

  5  Enterprise Florida, Inc., and VISIT Florida, shall review each

  6  application for a grant and shall submit annually to the

  7  office for approval a list of all applications that are

  8  recommended by the board and VISIT Florida, arranged in order

  9  of priority. The office may approve grants only to the extent

10  that funds are appropriated for such grants by the

11  Legislature.

12         Section 90.  Establishment of municipal service taxing

13  or benefit units; grants to rural counties.--

14         (1)  As used in this section, the term "rural county"

15  means a county with a population of 75,000 or fewer persons,

16  determined pursuant to section 186.901, Florida Statutes.

17         (2)  Subject to legislative appropriation, the

18  Department of Community Affairs shall establish a grant

19  program to assist any rural county in making a determination

20  whether to establish a municipal service taxing or benefit

21  unit as authorized by section 125.01, Florida Statutes.  Under

22  this program, any rural county that is considering the

23  establishment of a municipal service taxing or benefit unit

24  and that wishes to conduct a study to determine the necessity

25  for and advisability of establishing such a unit may apply to

26  the department for a grant to assist in financing the study.

27  If the application is approved by the department, the

28  department may award a grant to the county in an amount equal

29  to 75 percent of the cost of the study, if the county agrees

30  to finance 25 percent of the cost of the study itself.  A copy

31


                                 233

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  of the study shall be submitted to the department within 30

  2  days after it is completed.

  3         (3)  The department shall establish an application form

  4  and application procedures and requirements by rule pursuant

  5  to chapter 120, Florida Statutes.

  6         Section 91.  There is appropriated from the General

  7  Revenue Fund to the Department of Community Affairs for Fiscal

  8  Year 1999-2000 the sum of $1 million to carry out the purposes

  9  of a grant program for rural county municipal service taxing

10  or benefit unit feasibility studies.

11         Section 92.  Paragraph (d) of subsection (4) of section

12  236.081, Florida Statutes, 1998 Supplement, is amended to

13  read:

14         236.081  Funds for operation of schools.--If the annual

15  allocation from the Florida Education Finance Program to each

16  district for operation of schools is not determined in the

17  annual appropriations act or the substantive bill implementing

18  the annual appropriations act, it shall be determined as

19  follows:

20         (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL

21  EFFORT.--The Legislature shall prescribe the aggregate

22  required local effort for all school districts collectively as

23  an item in the General Appropriations Act for each fiscal

24  year. The amount that each district shall provide annually

25  toward the cost of the Florida Education Finance Program for

26  kindergarten through grade 12 programs shall be calculated as

27  follows:

28         (d)  Exclusions Exclusion.--

29         1.  In those instances in which:

30         a.1.  There is litigation either attacking the

31  authority of the property appraiser to include certain


                                 234

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  property on the tax assessment roll as taxable property or

  2  contesting the assessed value of certain property on the tax

  3  assessment roll, and

  4         b.2.  The assessed value of the property in contest

  5  involves more than 6 percent of the total nonexempt assessment

  6  roll,

  7

  8  the assessed value of the property in contest shall be

  9  excluded from the taxable value for school purposes for

10  purposes of computing the district required local effort.

11         2.  In those instances in which there is a nonpayment

12  of property taxes in a community designated as a rural area of

13  critical economic concern that exceeds 6 percent of the total

14  nonexempt assessment roll, the assessed value of the property

15  that is the subject of the nonpayment shall be excluded from

16  the taxable value for school purposes for purposes of

17  computing the district required local effort.

18         Section 93.  Subsection (5) of section 378.601, Florida

19  Statutes, is amended to read:

20         378.601  Heavy minerals.--

21         (5)  Any heavy mineral mining operation which annually

22  mines less than 500 acres and whose proposed consumption of

23  water is 3 million gallons per day or less shall not be

24  required to undergo development of regional impact review

25  pursuant to s. 380.06, provided permits and plan approvals

26  pursuant to either this section and part IV of chapter 373, or

27  s. 378.901, are issued.  This subsection applies only in the

28  following circumstances:

29         (a)  Mining is conducted in counties where the operator

30  has conducted heavy mineral mining activities prior to March

31  1, 1997; and


                                 235

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (b)  The operator of the heavy mineral mining operation

  2  has executed a developer agreement pursuant to s. 380.032 or

  3  has received a development order under s. 380.06(15) as of

  4  March 1, 1997. Lands mined pursuant to this section need not

  5  be the subject of the developer agreement or development

  6  order.

  7         Section 94.  The Florida Fish and Wildlife Conservation

  8  Commission is directed to assist the Florida Commission on

  9  Tourism; the Florida Tourism Industry Marketing Corporation,

10  doing business as VISIT Florida; convention and visitor

11  bureaus; tourist development councils; economic development

12  organizations; and local governments through the provision of

13  marketing advice, technical expertise, promotional support,

14  and product development related to nature-based recreation and

15  sustainable use of natural resources. In carrying out this

16  responsibility, the Florida Fish and Wildlife Conservation

17  Commission shall focus its efforts on fostering nature-based

18  recreation in rural communities and regions encompassing rural

19  communities. As used in this section, the term "nature-based

20  recreation" means leisure activities related to the state's

21  lands, waters, and fish and wildlife resources, including, but

22  not limited to, wildlife viewing, fishing, hiking, canoeing,

23  kayaking, camping, hunting, backpacking, and nature

24  photography.

25         Section 95.  Notwithstanding the provisions of section

26  290.044(4), Florida Statutes, regarding the distribution of

27  funds to categories under the Florida Small Cities Community

28  Development Block Grant Program, in no case shall the

29  percentage of funds for the economic development category be

30  less than 40 percent.

31


                                 236

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         Section 96.  Section 288.980, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         288.980  Military base retention; legislative intent;

  4  grants program.--

  5         (1)(a)  It is the intent of this state to provide the

  6  necessary means to assist communities with military

  7  installations that would be adversely affected by federal base

  8  realignment or closure actions. It is further the intent to

  9  encourage communities to initiate a coordinated program of

10  response and plan of action in advance of future actions of

11  the federal Base Realignment and Closure Commission. It is

12  critical that closure-vulnerable communities develop such a

13  program to preserve affected military installations. The

14  Legislature hereby recognizes that the state needs to

15  coordinate all efforts that can facilitate the retention of

16  all remaining military installations in the state. The

17  Legislature, therefore, declares that providing such

18  assistance to support the defense-related initiatives within

19  this section is a public purpose for which public money may be

20  used.

21         (b)  The Florida Defense Alliance, an organization

22  within Enterprise Florida, is designated as the organization

23  to ensure that Florida, its resident military bases and

24  missions, and its military host communities are in competitive

25  positions as the United States continues its defense

26  realignment and downsizing. The defense alliance shall serve

27  as an overall advisory body for Enterprise Florida

28  defense-related activity. The Florida Defense Alliance shall

29  receive funding from appropriations made for that purpose

30  administered by the Office of Tourism, Trade, and Economic

31  Development.


                                 237

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (2)(a)  The Office of Tourism, Trade, and Economic

  2  Development is authorized to award grants from any funds

  3  available to it to support activities related to the retention

  4  of military installations potentially affected by federal base

  5  closure or realignment.

  6         (b)  The term "activities" as used in this section

  7  means studies, presentations, analyses, plans, and modeling.

  8  Travel and costs incidental thereto, and Staff salaries, are

  9  not considered an "activity" for which grant funds may be

10  awarded. Travel costs and costs incidental thereto incurred by

11  a grant recipient shall be considered an "activity" for which

12  grant funds may be awarded.

13         (c)  Except for grants issued pursuant to the Florida

14  Military Installation Reuse Planning and Marketing Grant

15  Program as described in (3)(c), the amount of any grant

16  provided to an applicant may not exceed $250,000. The Office

17  of Tourism, Trade, and Economic Development shall require that

18  an applicant:

19         1.  Represent a local government with a military

20  installation or military installations that could be adversely

21  affected by federal base realignment or closure.

22         2.  Agree to match at least 30 50 percent of any grant

23  awarded.

24         3.  Prepare a coordinated program or plan of action

25  delineating how the eligible project will be administered and

26  accomplished.

27         4.  Provide documentation describing the potential for

28  realignment or closure of a military installation located in

29  the applicant's community and the adverse impacts such

30  realignment or closure will have on the applicant's community.

31


                                 238

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (d)  In making grant awards the office shall consider,

  2  at a minimum, the following factors:

  3         1.  The relative value of the particular military

  4  installation in terms of its importance to the local and state

  5  economy relative to other military installations vulnerable to

  6  closure.

  7         2.  The potential job displacement within the local

  8  community should the military installation be closed.

  9         3.  The potential adverse impact on industries and

10  technologies which service the military installation.

11         (3)  The Florida Economic Reinvestment Initiative is

12  established to respond to the need for this state and

13  defense-dependent communities in this state to develop

14  alternative economic diversification strategies to lessen

15  reliance on national defense dollars in the wake of base

16  closures and reduced federal defense expenditures and the need

17  to formulate specific base reuse plans and identify any

18  specific infrastructure needed to facilitate reuse. The

19  initiative shall consist of the following three distinct grant

20  programs to be administered by the Office of Tourism, Trade,

21  and Economic Development:

22         (a)  The Florida Defense Planning Grant Program,

23  through which funds shall be used to analyze the extent to

24  which the state is dependent on defense dollars and defense

25  infrastructure and prepare alternative economic development

26  strategies.  The state shall work in conjunction with

27  defense-dependent communities in developing strategies and

28  approaches that will help communities make the transition from

29  a defense economy to a nondefense economy. Grant awards may

30  not exceed $250,000 $100,000 per applicant and shall be

31  available on a competitive basis.


                                 239

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1         (b)  The Florida Defense Implementation Grant Program,

  2  through which funds shall be made available to

  3  defense-dependent communities to implement the diversification

  4  strategies developed pursuant to paragraph (a). Eligible

  5  applicants include defense-dependent counties and cities, and

  6  local economic development councils located within such

  7  communities.  Grant awards may not exceed $100,000 per

  8  applicant and shall be available on a competitive basis.

  9  Awards shall be matched on a one-to-one basis.

10         (c)  The Florida Military Installation Reuse Planning

11  and Marketing Grant Program, through which funds shall be used

12  to help counties, cities, and local economic development

13  councils develop and implement plans for the reuse of closed

14  or realigned military installations, including any necessary

15  infrastructure improvements needed to facilitate reuse and

16  related marketing activities. Grant awards are limited to not

17  more than $100,000 per eligible applicant and made available

18  through a competitive process.  Awards shall be matched on a

19  one-to-one basis.

20

21  Applications for grants under this subsection must include a

22  coordinated program of work or plan of action delineating how

23  the eligible project will be administered and accomplished,

24  which must include a plan for ensuring close cooperation

25  between civilian and military authorities in the conduct of

26  the funded activities and a plan for public involvement.

27         (4)(a)  The Defense-Related Business Adjustment Program

28  is hereby created.  The Director of the Office of Tourism,

29  Trade, and Economic Development shall coordinate the

30  development of the Defense-Related Business Adjustment

31  Program.  Funds shall be available to assist defense-related


                                 240

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  companies in the creation of increased commercial technology

  2  development through investments in technology.  Such

  3  technology must have a direct impact on critical state needs

  4  for the purpose of generating investment-grade technologies

  5  and encouraging the partnership of the private sector and

  6  government defense-related business adjustment.  The following

  7  areas shall receive precedence in consideration for funding

  8  commercial technology development:  law enforcement or

  9  corrections, environmental protection, transportation,

10  education, and health care.  Travel and costs incidental

11  thereto, and staff salaries, are not considered an "activity"

12  for which grant funds may be awarded.

13         (b)  The office shall require that an applicant:

14         1.  Be a defense-related business that could be

15  adversely affected by federal base realignment or closure or

16  reduced defense expenditures.

17         2.  Agree to match at least 50 percent of any funds

18  awarded by the department in cash or in-kind services.  Such

19  match shall be directly related to activities for which the

20  funds are being sought.

21         3.  Prepare a coordinated program or plan delineating

22  how the funds will be administered.

23         4.  Provide documentation describing how

24  defense-related realignment or closure will adversely impact

25  defense-related companies.

26         (5)  The Retention of Military Installations Program is

27  created. The Director of the Office of Tourism, Trade, and

28  Economic Development shall coordinate and implement this

29  program for military installations located in counties with a

30  population greater than 824,000. Notwithstanding subsection

31  (2), the program shall provide up to $1.2 million to assist


                                 241

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  military installations potentially affected by federal base

  2  closure or realignment in covering current operating costs in

  3  an effort to retain the installation in this state. An

  4  eligible military installation for this program shall include

  5  a provider of simulation solutions for warfighting

  6  experimentation, testing, and training which employs at least

  7  500 civilian and military employees and has been operating in

  8  the state for a period of more than 10 years or a joint

  9  military command in a constitutional charter county as defined

10  in s. 125.001(1).

11         (6)(5)  The director may award nonfederal matching

12  funds specifically appropriated for construction, maintenance,

13  and analysis of a Florida defense workforce database. Such

14  funds will be used to create a registry of worker skills that

15  can be used to match the worker needs of companies that are

16  relocating to this state or to assist workers in relocating to

17  other areas within this state where similar or related

18  employment is available.

19         (7)  Payment of administrative expenses shall be

20  limited to no more than 10 percent of any grants issued

21  pursuant to this section.

22         (8)(6)  The Office of Tourism, Trade, and Economic

23  Development shall establish guidelines to implement and carry

24  out the purpose and intent of this section.

25         Section 97.  There is appropriated from the General

26  Revenue Fund to the Office of Tourism, Trade, and Economic

27  Development the sum of $800,000 to implement the programs

28  described in section 288.980, Florida Statutes. The funding

29  provided pursuant to this section is critical in assisting

30  with the improvement or upgrade of infrastructure (roads,

31  water supply, power grids, communication nets, etc.) around


                                 242

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  the state's military bases which will be measured in the next

  2  round of military base closures. It is the specific intent of

  3  the Legislature that a portion of this appropriation be

  4  expended to employ a consultant to evaluate the infrastructure

  5  needs of Florida military bases in order to provide a baseline

  6  and order of priority for the disbursement of funds. This

  7  appropriation is in addition to any funds currently available

  8  for grants to help local communities.

  9         Section 98.  Section 230.23027, Florida Statutes, is

10  created to read:

11         230.23027  Small School District Stabilization

12  Program.--

13         (1)  There is created the Small School District

14  Stabilization Program to assist school districts in rural

15  communities that document economic conditions or other

16  significant community influences that negatively impact the

17  school district. The purpose of the program is to provide

18  technical assistance and financial support to maintain the

19  stability of the educational program in the school district. A

20  rural community means a county with a population of 75,000 or

21  less; or a county with a population of 100,000 or less that is

22  contiguous to a county with a population of 75,000 or less.

23         (2)  In order to participate in this program, a school

24  district must be located in a rural area of critical economic

25  concern designated by the Executive Office of the Governor,

26  and the school board must submit a resolution to the Office of

27  Tourism, Trade, and Economic Development requesting

28  participation in the program. A rural area of critical

29  economic concern must be a rural community, or a region

30  composed of such, that has been adversely affected by an

31  extraordinary economic event or a natural disaster or that


                                 243

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  presents a unique economic development concern or opportunity

  2  of regional impact. The resolution must be accompanied with

  3  documentation of the economic conditions in the community,

  4  provide information indicating the negative impact of these

  5  conditions on the school district's financial stability, and

  6  the school district must participate in a best financial

  7  management practices review to determine potential

  8  efficiencies that could be implemented to reduce program costs

  9  in the district.

10         (3)  The Office of Tourism, Trade, and Economic

11  Development, in consultation with the Department of Education,

12  shall review the resolution and other information required by

13  subsection (2) and determine whether the school district is

14  eligible to participate in the program. Factors influencing

15  the office's determination may include, but are not limited

16  to, reductions in the county tax roll resulting from business

17  closures or other causes, or a reduction in student enrollment

18  due to business closures or impacts in the local economy.

19         (4)  Effective July 1, 2000, and thereafter, when the

20  Office of Tourism, Trade, and Economic Development authorizes

21  a school district to participate in the program, the

22  Legislature may give priority to that district for a best

23  financial management practices review in the school district,

24  as authorized in s. 11.515, to the extent that funding is

25  provided annually for such purpose in the General

26  Appropriations Act. The scope of the review shall be as set

27  forth in s. 11.515.

28         (5)  Effective July 1, 2000, and thereafter, the

29  Department of Education may award the school district a

30  stabilization grant intended to protect the district from

31  continued financial reductions. The amount of the grant will


                                 244

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  be determined by the Department of Education and may be

  2  equivalent to the amount of the decline in revenues projected

  3  for the next fiscal year. In addition, the Office of Tourism,

  4  Trade, and Economic Development may implement a rural economic

  5  development initiative to identify the economic factors that

  6  are negatively impacting the community and may consult with

  7  Enterprise Florida, Inc., in developing a plan to assist the

  8  county with its economic transition. The grant will be

  9  available to the school district for a period of up to 5 years

10  to the extent that funding is provided for such purpose in the

11  General Appropriations Act.

12         (6)  Based on the availability of funds the Office of

13  Tourism, Trade, and Economic Development or the Department of

14  Education may enter into contracts or issue grants necessary

15  to implement the program.

16         Section 99.  Section 290.0069, Florida Statutes, is

17  created to read:

18         290.0069  Designation of enterprise zone pilot project

19  area.--

20         (1)  The Office of Tourism, Trade, and Economic

21  Development shall designate one pilot project area within one

22  state enterprise zone. The Office of Tourism, Trade, and

23  Economic Development shall select a pilot project area by July

24  1, 1999, which meets the following qualifications:

25         (a)  The area is contained within an enterprise zone

26  that is composed of one contiguous area and is placed in the

27  category delineated in s. 290.0065(3)(a)1.

28         (b)  The local government having jurisdiction over the

29  enterprise zone grants economic development ad valorem tax

30  exemptions in the enterprise zone pursuant to s. 196.1995, and

31


                                 245

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  electrical energy public service tax exemptions pursuant to s.

  2  166.231(8).

  3         (c)  The local government having jurisdiction over the

  4  enterprise zone has developed a plan for revitalizing the

  5  pilot project area or for revitalizing an area within the

  6  enterprise zone that contains the pilot project area, and has

  7  committed at least $5 million to redevelop an area including

  8  the pilot project area.

  9         (d)  The pilot project area is contiguous and is

10  limited to no more than 70 acres, or equivalent square miles,

11  to avoid a dilution of additional state assistance and

12  effectively concentrate these additional resources on

13  revitalizing the acute area of economic distress.

14         (e)  The pilot project area contains a diverse cluster

15  or grouping of facilities or space for a mix of retail,

16  restaurant, or service related businesses necessary to an

17  overall revitalization of surrounding neighborhoods through

18  community involvement, investment, and enhancement of

19  employment markets.

20         (2)(a)  Beginning December 1, 1999, no more than four

21  businesses located within the pilot project area are eligible

22  for a credit against any tax due for a taxable year under

23  chapters 212 and 220.

24         (b)  The credit shall be computed as $5,000 times the

25  number of full-time employees of the business and $2,500 times

26  the number of part-time employees of the business. For

27  purposes of this section, a person shall be deemed to be

28  employed by such a business on a full-time basis if the person

29  performs duties in connection with the operations of the

30  business for an average of at least 36 hours per week each

31  month, or on a part-time basis if the person is performing


                                 246

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  such duties for an average of at least 20 hours per week each

  2  month throughout the year. The person must be performing such

  3  duties at a business site located in the pilot project area.

  4         (c)  The total amount of tax credits that may be

  5  granted under this section is $1 million annually. In the

  6  event the Office of Tourism, Trade, and Economic Development

  7  receives applications that total more than $1 million in any

  8  year, the director shall prorate the amount of tax credit each

  9  applicant is eligible to receive to ensure that all eligible

10  applicants receive a tax credit.

11         (d)  In order to be eligible to apply to the Office of

12  Tourism, Trade, and Economic Development for tax credits under

13  this section a business must:

14         1.  Have entered into a contract with the developer of

15  the diverse cluster or grouping of facilities or space located

16  in the pilot project area, governing lease of commercial space

17  in a facility.

18         2.  Have commenced operations in the facility after

19  July 1, 1999, and before July 1, 2000.

20         3.  Be a business predominantly engaged in activities

21  usually provided for consideration by firms classified under

22  the Standard Industrial Classification Manual Industry Number

23  5311, Industry Number 5399, or Industry Number 7832.

24         (e)  All applications for the granting of the tax

25  credits allowed under this section shall require the prior

26  approval of the director of the Office of Tourism, Trade, and

27  Economic Development. The director shall establish one

28  submittal date each year for the receipt of applications for

29  such tax credits.

30         (f)  Any business wishing to receive tax credits

31  pursuant to this section must submit an application to the


                                 247

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  Office of Tourism, Trade, and Economic Development which sets

  2  forth the business name and address and the number of

  3  employees of the business.

  4         (g)  The decision of the director shall be in writing,

  5  and, if approved, the application shall state the maximum

  6  credits allowable to the business. A copy of the decision

  7  shall be transmitted to the executive director of the

  8  Department of Revenue, who shall apply such credits to the tax

  9  liabilities of the business firm.

10         (h)  If any credit granted pursuant to this section is

11  not fully used in any one year because of insufficient tax

12  liability on the part of the business, the unused amount may

13  be carried forward for a period not to exceed 5 years.

14         (4)  The Office of Tourism, Trade, and Economic

15  Development is authorized to adopt all rules necessary to

16  administer this section, including rules for the approval or

17  disapproval of applications for tax incentives by businesses.

18         (5)  The Department of Revenue shall adopt any rules

19  necessary to ensure the orderly implementation and

20  administration of this section.

21         (6)  For purposes of this section, "business" and

22  "taxable year" shall have the same meaning as in s. 220.03.

23         (7)  Prior to the 2004 Regular Session of the

24  Legislature, the Office of Program Policy Analysis and

25  Government Accountability shall review and evaluate the

26  effectiveness and viability of the pilot project area created

27  under this section, using the research design prescribed

28  pursuant to s. 290.015. The office shall specifically evaluate

29  whether relief from certain taxes induced new investment and

30  development in the area, increased the number of jobs created

31  or retained in the area, induced the renovation,


                                 248

CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1566                          First Engrossed



  1  rehabilitation, restoration, improvement, or new construction

  2  of businesses or housing within the area, and contributed to

  3  the economic viability and profitability of business and

  4  commerce located within the area. The office shall submit a

  5  report of its findings and recommendations to the Speaker of

  6  the House of Representatives and the President of the Senate

  7  no later than January 15, 2004.

  8         (8)  This section shall stand repealed on June 30,

  9  2015, and any designation made pursuant to this section shall

10  be revoked on that date.

11         Section 100.  The implementation of section 57, created

12  by this act, which creates Americas Campaign is contingent

13  upon a specific appropriation for Fiscal Year 1999-2000.

14         Section 101.  This act shall take effect July 1, 1999.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                 249