Senate Bill 2548c1

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    Florida Senate - 2000                           CS for SB 2548

    By the Committee on Commerce and Economic Opportunities; and
    Senator Kirkpatrick




    310-1962A-00

  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 14.2015, F.S.; eliminating

  4         administrative responsibility of the Office of

  5         Tourism, Trade, and Economic Development for

  6         the sports franchise facility program, the

  7         professional golf hall of fame facility

  8         program, the Regional Rural Development Grants

  9         Program, the Certified Capital Company Act, and

10         the Florida State Rural Development Council;

11         eliminating authority for the Office of

12         Tourism, Trade, and Economic Development to

13         enter into contracts in connection with duties

14         relating to the Florida First Business Bond

15         Pool, the Certified Capital Company Act, and

16         foreign offices; conforming terminology;

17         requiring a report on activities funded under

18         the Economic Development Incentives Account and

19         the Economic Development Transportation Trust

20         Fund; amending s. 159.8083, F.S.; providing for

21         Enterprise Florida, Inc., to recommend Florida

22         First Business projects to the Office of

23         Tourism, Trade, and Economic Development;

24         providing for consultation; amending ss.

25         212.097, 212.098, F.S.; expanding the

26         definition of the term "eligible business"

27         under the Urban High-Crime Area Job Tax Credit

28         Program and Rural Job Tax Credit Program to

29         include certain businesses involved in motion

30         picture production and allied services;

31         amending s. 218.075, F.S.; expanding conditions

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    Florida Senate - 2000                           CS for SB 2548
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  1         under which the Department of Environmental

  2         Protection and water management districts shall

  3         reduce or waive certain fees for counties or

  4         municipalities; conforming to the definition of

  5         the term "rural community" used elsewhere in

  6         the Florida Statutes; amending s. 220.191,

  7         F.S.; redefining the term "qualifying project";

  8         limiting the application of the capital

  9         investment annual tax credit; revising

10         qualification standards for such credits;

11         revising certain application procedures;

12         establishing minimum standards for application

13         guidelines; amending s. 288.012, F.S.; revising

14         the authority of the Office of Tourism, Trade,

15         and Economic Development to establish foreign

16         offices; providing for the office to approve

17         the establishment and operation of such offices

18         by Enterprise Florida, Inc., and the Florida

19         Commission on Tourism; providing for foreign

20         offices to submit updated operating plans and

21         activity reports; amending s. 288.018, F.S.;

22         providing for Enterprise Florida, Inc., to

23         administer the Regional Rural Development

24         Grants Program and make recommendations for

25         approval by the Office of Tourism, Trade, and

26         Economic Development; creating s. 288.064,

27         F.S.; expressing the intent of the Legislature

28         to provide for efficient and effective delivery

29         of assistance to rural communities; amending s.

30         288.0656, F.S.; revising criteria for the Rural

31         Economic Development Initiative; requiring

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    Florida Senate - 2000                           CS for SB 2548
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  1         certain communities to apply for rural

  2         designation; amending s. 288.1088, F.S.;

  3         revising criteria and procedures related to the

  4         award of funds to certain target industries

  5         from the Quick Action Closing Fund; amending s.

  6         288.1162, F.S.; providing for a specified

  7         direct-support organization to administer the

  8         professional sports franchises and spring

  9         training franchises facilities programs;

10         providing for final approval of decisions under

11         such programs by the Office of Tourism, Trade,

12         and Economic Development; amending s. 288.1168,

13         F.S.; deleting obsolete provisions relating to

14         certification of the professional golf hall of

15         fame; providing for a specified direct-support

16         organization to administer that program;

17         amending s. 288.1169, F.S.; providing for a

18         specified direct-support organization to

19         administer the certification program for the

20         International Game Fish Association World

21         Center facility; providing for annual

22         verification of attendance and sales tax

23         revenue projections; transferring, renumbering,

24         and amending s. 288.1185, F.S.; assigning

25         administrative responsibility for the Recycling

26         Markets Advisory Committee to the Department of

27         Environmental Protection; amending s. 288.1223,

28         F.S.; authorizing the Governor to designate a

29         person to serve on the Florida Commission on

30         Tourism and as the chair of the commission;

31         amending s. 288.1226, F.S.; providing for the

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    Florida Senate - 2000                           CS for SB 2548
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  1         appointment of the president of the Florida

  2         Tourism Industry Marketing Corporation and

  3         specifying that the president serves at the

  4         pleasure of the Governor; limiting certain

  5         employee salaries unless such employees are

  6         covered by a performance contract; amending s.

  7         288.1229, F.S.; requiring an annual report on

  8         the status of specified sports projects;

  9         amending s. 288.1251, F.S.; renaming the Office

10         of the Film Commissioner the Governor's Office

11         of Film and Entertainment; renaming the Film

12         Commissioner as the Commissioner of Film and

13         Entertainment; authorizing receipt and

14         expenditure of certain grants and donations;

15         amending s. 288.1252, F.S.; renaming the

16         Florida Film Advisory Council the Florida Film

17         and Entertainment Advisory Council; amending s.

18         288.1253, F.S., relating to travel and

19         entertainment expenses; conforming terminology;

20         amending s. 288.901, F.S.; correcting a

21         cross-reference; providing that the Governor's

22         designee may serve as chairperson of the board

23         of directors of Enterprise Florida, Inc.;

24         specifying that at-large members of the board

25         of directors of Enterprise Florida, Inc., shall

26         not have voting authority; amending s.

27         288.9015, F.S.; requiring Enterprise Florida,

28         Inc., to use specified programs to facilitate

29         economic development; amending s. 288.980,

30         F.S.; providing for Enterprise Florida, Inc.,

31         to administer defense grant programs and make

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    Florida Senate - 2000                           CS for SB 2548
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  1         recommendations to the Office of Tourism,

  2         Trade, and Economic Development on approval of

  3         grant awards; amending s. 288.99, F.S.;

  4         assigning responsibility for ongoing

  5         administration of the Certified Capital Company

  6         Act to the Department of Banking and Finance;

  7         amending s. 290.004, F.S.; repealing certain

  8         definitions under the enterprise zone program;

  9         defining the term "rural enterprise zone";

10         amending s. 290.0056, F.S.; providing for a

11         reporting requirement for enterprise zone

12         development agencies to Enterprise Florida,

13         Inc.; amending s. 290.0058, F.S.; conforming to

14         administration of the enterprise zone program

15         by Enterprise Florida, Inc.; amending s.

16         290.0065, F.S.; providing for Enterprise

17         Florida, Inc., to administer the enterprise

18         zone program and make recommendations to the

19         Office of Tourism, Trade, and Economic

20         Development; conforming references; amending s.

21         290.0066, F.S.; providing for Enterprise

22         Florida, Inc., to make recommendations to the

23         Office of Tourism, Trade, and Economic

24         Development regarding revocations of enterprise

25         zone designations; amending s. 290.00675, F.S.;

26         providing for Enterprise Florida, Inc., to make

27         recommendations to the Office of Tourism,

28         Trade, and Economic Development regarding

29         amendment of enterprise zone boundaries;

30         creating s. 290.00676, F.S.; authorizing the

31         Office of Tourism, Trade, and Economic

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    Florida Senate - 2000                           CS for SB 2548
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  1         Development to amend the boundaries of a rural

  2         enterprise zone and providing requirements with

  3         respect thereto; creating s. 290.00677, F.S.;

  4         modifying the employee residency requirements

  5         for the enterprise zone job credit against the

  6         sales tax and corporate income tax if the

  7         business is located in a rural enterprise zone;

  8         modifying the employee residency requirements

  9         for maximum exemptions or credits with respect

10         to the sales tax credits for enterprise zone

11         job creation, for building materials used in

12         the rehabilitation of real property in an

13         enterprise zone, for business property used in

14         an enterprise zone, and for electrical energy

15         used in an enterprise zone, and the corporate

16         income tax enterprise zone job creation and

17         property tax credits if the business is located

18         in a rural enterprise zone; providing

19         application time limitations; providing an

20         extended application period for certain

21         businesses to claim tax incentives; amending s.

22         290.00689, F.S.; conforming a cross-reference;

23         revising the eligibility criteria for certain

24         tax credits to include a review and

25         recommendation by Enterprise Florida, Inc.;

26         creating s. 290.00694, F.S.; authorizing the

27         Office of Tourism, Trade, and Economic

28         Development to designate rural champion

29         communities as enterprise zones; providing

30         requirements with respect thereto; amending s.

31         290.009, F.S.; specifying that Enterprise

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    Florida Senate - 2000                           CS for SB 2548
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  1         Florida, Inc., shall serve as staff to the

  2         Enterprise Zone Interagency Coordinating

  3         Council; amending s. 290.014, F.S.; conforming

  4         cross-references; amending s. 290.046, F.S.;

  5         eliminating a limitation on the number of

  6         economic development grants that an eligible

  7         local government may receive under the Florida

  8         Small Cities Community Development Block Grant

  9         Program; specifying that cumulative grant

10         awards may not exceed certain ceilings;

11         amending s. 373.4149, F.S.; removing the

12         director of the Office of Tourism, Trade, and

13         Economic Development from the membership of the

14         Miami-Dade County Lake Belt Plan Implementation

15         Committee; authorizing the Institute of Food

16         and Agricultural Sciences to contract and

17         receive money to support the Florida State

18         Rural Development Council; requiring the

19         Workforce Development Board of Enterprise

20         Florida, Inc., to develop a policy authorizing

21         placement of certain workforce-training clients

22         in self-employment as a means of job placement;

23         directing the Office of Tourism, Trade, and

24         Economic Development and Enterprise Florida,

25         Inc., to establish a unit responsible for

26         forecasting and responding to certain economic

27         development events; creating an Economic

28         Development Leadership Council to provide

29         leadership related to such events; requiring a

30         report and recommendations; providing

31         legislative intent; providing for creation and

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    Florida Senate - 2000                           CS for SB 2548
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  1         purpose of the Toolkit for Economic

  2         Development; defining the term "economically

  3         distressed"; requiring the appointment of

  4         liaisons from agencies and organizations;

  5         providing for requirements and duties; creating

  6         coordinating partners to serve as the program's

  7         executive committee; providing for duties;

  8         providing for waivers of permit processing fees

  9         and state-required matching funds requirements;

10         requiring an inventory of programs that help

11         economically distressed communities; requiring

12         the inventory be categorized; creating the

13         Start-Up Initiative to promote the use of the

14         inventory; providing for identification of

15         communities; providing for solicitation of

16         proposals; providing for proposal content;

17         providing for review process and evaluation

18         criteria; providing for funding and budget

19         amendments; providing for the use of lifelines

20         by coordinating partners; providing an

21         appropriation to the coordinating partners;

22         providing for use of funds and certification;

23         providing for monitoring and reporting;

24         providing for expiration; amending s. 240.311,

25         F.S.; requiring the State Board of Community

26         Colleges to identify training programs for

27         broadband digital media specialists; requiring

28         that such programs be added to lists for demand

29         occupations under certain circumstances;

30         amending s. 240.3341, F.S.; encouraging

31         community colleges to establish incubator

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    Florida Senate - 2000                           CS for SB 2548
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  1         facilities for digital media content and

  2         technology development; creating s. 240.710,

  3         F.S.; requiring the Board of Regents to create

  4         a Digital Media Education Coordination Group;

  5         providing membership; providing purposes;

  6         requiring development of a plan; requiring

  7         submission of plans to the Legislature;

  8         requiring the Workforce Development Board to

  9         reserve funds for digital media industry

10         training; providing direction on training;

11         requiring the Workforce Development Board to

12         develop a plan for the use of certain funds to

13         enhance workforce of digital media related

14         industries; providing direction on plan

15         development; creating the Digital Media

16         Education Infrastructure Fund within the Office

17         of Tourism, Trade, and Economic Development for

18         the purpose of upgrading quality of media labs;

19         providing an appropriation; providing

20         requirements for contracting and use of funds;

21         requiring Enterprise Florida, Inc., to convene

22         a broadband digital media industries group;

23         requiring identification, designation, and

24         priority of digital media sector in sector

25         strategy; requiring Enterprise Florida, Inc.,

26         to contract for establishment of digital media

27         incubator; providing contract requirements;

28         providing an appropriation; requiring industry

29         participation in funding; providing direction

30         for incubator location; requiring ITFlorida, in

31         cooperation with Enterprise Florida, Inc., to

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    Florida Senate - 2000                           CS for SB 2548
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  1         prepare a marketing plan promoting the state to

  2         digital media industries; providing that

  3         certain provisions relating to digital media

  4         are subject to legislative appropriation;

  5         repealing s. 288.039, F.S., relating to the

  6         Employing and Training our Youths (ENTRY)

  7         program; repealing s. 288.095(3)(c), F.S.,

  8         relating to a required report on activities

  9         under the Economic Development Incentives

10         Account of the Economic Development Trust Fund;

11         providing an effective date.

12

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

14

15         Section 1.  Subsection (2) of section 14.2015, Florida

16  Statutes, is amended to read:

17         14.2015  Office of Tourism, Trade, and Economic

18  Development; creation; powers and duties.--

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

20  Economic Development is to assist the Governor in working with

21  the Legislature, state agencies, business leaders, and

22  economic development professionals to formulate and implement

23  coherent and consistent policies and strategies designed to

24  provide economic opportunities for all Floridians.  To

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

26  Economic Development shall:

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

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

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

30  industry in the state, to promote the participation of

31  Florida's citizens in amateur athletic competition, and to

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    Florida Senate - 2000                           CS for SB 2548
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  1  promote Florida as a host for national and international

  2  amateur athletic competitions.

  3         (b)  Monitor the activities of public-private

  4  partnerships and state agencies in order to avoid duplication

  5  and promote coordinated and consistent implementation of

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

  7  international trade and investment; business recruitment,

  8  creation, retention, and expansion; minority and small

  9  business development; and rural community development.

10         (c)  Facilitate the direct involvement of the Governor

11  and the Lieutenant Governor in economic development projects

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

13  to recruit worldwide business, as well as in other

14  job-creating efforts.

15         (d)  Assist the Governor, in cooperation with

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

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

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

19  of economic development in Florida which will include the

20  identification of problems and the recommendation of

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

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

23  Senate Minority Leader, and the House Minority Leader by

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

25  Governor's message to the Legislature under the State

26  Constitution and any other economic reports required by law.

27         (e)  Plan and conduct at least one meeting per calendar

28  year of leaders in business, government, and economic

29  development called by the Governor to address the business

30  climate in the state, develop a common vision for the economic

31

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    Florida Senate - 2000                           CS for SB 2548
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  1  future of the state, and identify economic development efforts

  2  to fulfill that vision.

  3         (f)1.  Administer the Florida Enterprise Zone Act under

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

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

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

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

  8  288.1045, contracts for transportation projects under s.

  9  288.063, the sports franchise facility program under s.

10  288.1162, the professional golf hall of fame facility program

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

12  403.973, the Rural Community Development Revolving Loan Fund

13  under s. 288.065, the Regional Rural Development Grants

14  Program under s. 288.018, the Certified Capital Company Act

15  under s. 288.99, the Florida State Rural Development Council,

16  the Rural Economic Development Initiative, and other programs

17  that are specifically assigned to the office by law, by the

18  appropriations process, or by the Governor. Notwithstanding

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

20  earned from the investment of program funds deposited in the

21  Economic Development Trust Fund, the Grants and Donations

22  Trust Fund, the Brownfield Property Ownership Clearance

23  Assistance Revolving Loan Trust Fund, and the Economic

24  Development Transportation Trust Fund to contract for the

25  administration of the programs, or portions of the programs,

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

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

28  expenditures shall be subject to review under chapter 216.

29         2.  The office may enter into contracts in connection

30  with the fulfillment of its duties concerning the Florida

31  First Business Bond Pool under chapter 159, tax incentives

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    Florida Senate - 2000                           CS for SB 2548
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  1  under chapters 212 and 220, tax incentives under the Certified

  2  Capital Company Act in chapter 288, foreign offices under

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

  4  the Seaport Employment Training program under chapter 311, the

  5  Florida Professional Sports Team License Plates under chapter

  6  320, Spaceport Florida under chapter 331, Expedited Permitting

  7  under chapter 403, and in carrying out other functions that

  8  are specifically assigned to the office by law, by the

  9  appropriations process, or by the Governor.

10         (g)  Serve as contract administrator for the state with

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

12  Florida Commission on Tourism, and all direct-support

13  organizations under this act, excluding those relating to

14  tourism.  To accomplish the provisions of this act and

15  applicable provisions of chapter 288, and notwithstanding the

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

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

18  Florida Commission on Tourism, and other appropriate

19  direct-support organizations. Such contracts may be multiyear

20  and shall include specific performance measures for each year.

21         (h)  Provide administrative oversight for the

22  Governor's Office of the Film and Entertainment Commissioner,

23  created under s. 288.1251, to develop, promote, and provide

24  services to the state's entertainment industry and to

25  administratively house the Florida Film and Entertainment

26  Advisory Council created under s. 288.1252.

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

28  unified budget request for tourism, trade, and economic

29  development in accordance with chapter 216 for, and in

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

31  the Florida Commission on Tourism and its direct-support

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    Florida Senate - 2000                           CS for SB 2548
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  1  organization, the Florida Black Business Investment Board, the

  2  Governor's Office of the Film and Entertainment Commissioner,

  3  and the direct-support organization created to promote the

  4  sports industry.

  5         (j)  Adopt rules, as necessary, to carry out its

  6  functions in connection with the administration of the

  7  Qualified Target Industry program, the Qualified Defense

  8  Contractor program, the Certified Capital Company Act, the

  9  Enterprise Zone program, and the Florida First Business Bond

10  pool.

11         (k)  By January 15 of each year, the Office of Tourism,

12  Trade, and Economic Development shall submit to the Governor,

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

14  Representatives a complete and detailed report of all

15  applications received and recommendations made or actions

16  taken during the previous fiscal year under all programs

17  funded out of the Economic Development Incentives Account or

18  the Economic Development Transportation Trust Fund. The Office

19  of Tourism, Trade, and Economic Development, with the

20  cooperation of Enterprise Florida, Inc., shall also include in

21  the report a detailed analysis of all final decisions issued;

22  agreements or other contracts executed; and tax refunds paid

23  or other payments made under all programs funded from the

24  above named sources, including analysis of benefits and costs,

25  types of projects supported, and employment and investment

26  created. The report shall also include a separate analysis of

27  the impact of such tax refunds and other payments approved for

28  rural cities or communities as defined in s. 288.106(2)(s) and

29  state enterprise zones designated pursuant to s. 290.0065.

30         Section 2.  Section 159.8083, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2000                           CS for SB 2548
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  1         159.8083  Florida First Business allocation pool.--The

  2  Florida First Business allocation pool is hereby established.

  3  The Florida First Business allocation pool shall be available

  4  solely to provide written confirmation for private activity

  5  bonds to finance Florida First Business projects recommended

  6  by Enterprise Florida, Inc., and certified by the Office of

  7  Tourism, Trade, and Economic Development as eligible to

  8  receive a written confirmation. Allocations from such pool

  9  shall be awarded statewide pursuant to procedures specified in

10  s. 159.805, except that the provisions of s. 159.805(2), (3),

11  and (6) do not apply. Florida First Business projects that are

12  eligible for a carryforward shall not lose their allocation on

13  November 16 if they have applied and have been granted a

14  carryforward.  In issuing written confirmations of allocations

15  for Florida First Business projects, the division shall use

16  the Florida First Business allocation pool. If allocation is

17  not available from the Florida First Business allocation pool,

18  the division shall issue written confirmations of allocations

19  for Florida First Business projects pursuant to s. 159.806 or

20  s. 159.807, in such order.  For the purpose of determining

21  priority within a regional allocation pool or the state

22  allocation pool, notices of intent to issue bonds for Florida

23  First Business projects to be issued from a regional

24  allocation pool or the state allocation pool shall be

25  considered to have been received by the division at the time

26  it is determined by the division that the Florida First

27  Business allocation pool is unavailable to issue confirmation

28  for such Florida First Business project.  If the total amount

29  requested in notices of intent to issue private activity bonds

30  for Florida First Business projects exceeds the total amount

31  of the Florida First Business allocation pool, the director

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  1  shall forward all timely notices of intent to issue, which are

  2  received by the division for such projects, to the Office of

  3  Tourism, Trade, and Economic Development which shall render a

  4  decision as to which notices of intent to issue are to receive

  5  written confirmations. The Office of Tourism, Trade, and

  6  Economic Development, in consultation with the division and

  7  Enterprise Florida, Inc., shall develop rules to ensure that

  8  the allocation provided in such pool is available solely to

  9  provide written confirmations for private activity bonds to

10  finance Florida First Business projects and that such projects

11  are feasible and financially solvent.

12         Section 3.  Subsection (2) of section 212.097, Florida

13  Statutes, is amended to read:

14         212.097  Urban High-Crime Area Job Tax Credit

15  Program.--

16         (2)  As used in this section, the term:

17         (a)  "Eligible business" means any sole proprietorship,

18  firm, partnership, or corporation that is located in a

19  qualified county and is predominantly engaged in, or is

20  headquarters for a business predominantly engaged in,

21  activities usually provided for consideration by firms

22  classified within the following standard industrial

23  classifications:  SIC 01 through SIC 09 (agriculture,

24  forestry, and fishing); SIC 20 through SIC 39 (manufacturing);

25  SIC 52 through SIC 57 and SIC 59 (retail); SIC 422 (public

26  warehousing and storage); SIC 70 (hotels and other lodging

27  places); SIC 7391 (research and development); SIC 781 (motion

28  picture production and allied services); SIC 7992 (public golf

29  courses); and SIC 7996 (amusement parks). A call center or

30  similar customer service operation that services a multistate

31  market or international market is also an eligible business.

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    Florida Senate - 2000                           CS for SB 2548
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  1  In addition, the Office of Tourism, Trade, and Economic

  2  Development may, as part of its final budget request submitted

  3  pursuant to s. 216.023, recommend additions to or deletions

  4  from the list of standard industrial classifications used to

  5  determine an eligible business, and the Legislature may

  6  implement such recommendations. Excluded from eligible

  7  receipts are receipts from retail sales, except such receipts

  8  for SIC 52 through SIC 57 and SIC 59 (retail) hotels and other

  9  lodging places classified in SIC 70, public golf courses in

10  SIC 7992, and amusement parks in SIC 7996.  For purposes of

11  this paragraph, the term "predominantly" means that more than

12  50 percent of the business's gross receipts from all sources

13  is generated by those activities usually provided for

14  consideration by firms in the specified standard industrial

15  classification. The determination of whether the business is

16  located in a qualified high-crime area and the tier ranking of

17  that area must be based on the date of application for the

18  credit under this section. Commonly owned and controlled

19  entities are to be considered a single business entity.

20         (b)  "Qualified employee" means any employee of an

21  eligible business who performs duties in connection with the

22  operations of the business on a regular, full-time basis for

23  an average of at least 36 hours per week for at least 3 months

24  within the qualified high-crime area in which the eligible

25  business is located. An owner or partner of the eligible

26  business is not a qualified employee. The term also includes

27  an employee leased from an employee leasing company licensed

28  under chapter 468, if such employee has been continuously

29  leased to the employer for an average of at least 36 hours per

30  week for more than 6 months.

31

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  1         (c)  "New business" means any eligible business first

  2  beginning operation on a site in a qualified high-crime area

  3  and clearly separate from any other commercial or business

  4  operation of the business entity within a qualified high-crime

  5  area. A business entity that operated an eligible business

  6  within a qualified high-crime area within the 48 months before

  7  the period provided for application by subsection (3) is not

  8  considered a new business.

  9         (d)  "Existing business" means any eligible business

10  that does not meet the criteria for a new business.

11         (e)  "Qualified high-crime area" means an area selected

12  by the Office of Tourism, Trade, and Economic Development in

13  the following manner: every third year, the office shall rank

14  and tier those areas nominated under subsection (8), according

15  to the following prioritized criteria:

16         1.  Highest arrest rates within the geographic area for

17  violent crime and for such other crimes as drug sale, drug

18  possession, prostitution, vandalism, and civil disturbances;

19         2.  Highest reported crime volume and rate of specific

20  property crimes such as business and residential burglary,

21  motor vehicle theft, and vandalism;

22         3.  Highest percentage of reported index crimes that

23  are violent in nature;

24         4.  Highest overall index crime volume for the area;

25  and

26         5.  Highest overall index crime rate for the geographic

27  area.

28

29  Tier-one areas are ranked 1 through 5 and represent the

30  highest crime areas according to this ranking.  Tier-two areas

31  are ranked 6 through 10 according to this ranking.  Tier-three

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  1  areas are ranked 11 through 15. Notwithstanding this

  2  definition, "qualified high-crime area" also means an area

  3  that has been designated as a federal Empowerment Zone

  4  pursuant to the Taxpayer Relief Act of 1997. Such a designated

  5  area is ranked in tier three until the areas are reevaluated

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

  7         Section 4.  Subsection (2) of section 212.098, Florida

  8  Statutes, is amended to read:

  9         212.098  Rural Job Tax Credit Program.--

10         (2)  As used in this section, the term:

11         (a)  "Eligible business" means any sole proprietorship,

12  firm, partnership, or corporation that is located in a

13  qualified county and is predominantly engaged in, or is

14  headquarters for a business predominantly engaged in,

15  activities usually provided for consideration by firms

16  classified within the following standard industrial

17  classifications:  SIC 01 through SIC 09 (agriculture,

18  forestry, and fishing); SIC 20 through SIC 39 (manufacturing);

19  SIC 422 (public warehousing and storage); SIC 70 (hotels and

20  other lodging places); SIC 7391 (research and development);

21  SIC 781 (motion picture production and allied services); SIC

22  7992 (public golf courses); and SIC 7996 (amusement parks). A

23  call center or similar customer service operation that

24  services a multistate market or an international market is

25  also an eligible business. In addition, the Office of Tourism,

26  Trade, and Economic Development may, as part of its final

27  budget request submitted pursuant to s. 216.023, recommend

28  additions to or deletions from the list of standard industrial

29  classifications used to determine an eligible business, and

30  the Legislature may implement such recommendations. Excluded

31  from eligible receipts are receipts from retail sales, except

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  1  such receipts for hotels and other lodging places classified

  2  in SIC 70, public golf courses in SIC 7992, and amusement

  3  parks in SIC 7996.  For purposes of this paragraph, the term

  4  "predominantly" means that more than 50 percent of the

  5  business's gross receipts from all sources is generated by

  6  those activities usually provided for consideration by firms

  7  in the specified standard industrial classification. The

  8  determination of whether the business is located in a

  9  qualified county and the tier ranking of that county must be

10  based on the date of application for the credit under this

11  section. Commonly owned and controlled entities are to be

12  considered a single business entity.

13         (b)  "Qualified employee" means any employee of an

14  eligible business who performs duties in connection with the

15  operations of the business on a regular, full-time basis for

16  an average of at least 36 hours per week for at least 3 months

17  within the qualified county in which the eligible business is

18  located. An owner or partner of the eligible business is not a

19  qualified employee.

20         (c)  "Qualified county" means a county that has a

21  population of fewer than 75,000 persons, or any county that

22  has a population of 100,000 or less and is contiguous to a

23  county that has a population of less than 75,000, selected in

24  the following manner:  every third year, the Office of

25  Tourism, Trade, and Economic Development shall rank and tier

26  the state's counties according to the following four factors:

27         1.  Highest unemployment rate for the most recent

28  36-month period.

29         2.  Lowest per capita income for the most recent

30  36-month period.

31

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  1         3.  Highest percentage of residents whose incomes are

  2  below the poverty level, based upon the most recent data

  3  available.

  4         4.  Average weekly manufacturing wage, based upon the

  5  most recent data available.

  6

  7  Tier-one qualified counties are those ranked 1 through 5 and

  8  represent the state's least-developed counties according to

  9  this ranking. Tier-two qualified counties are those ranked 6

10  through 10, and tier-three counties are those ranked 11

11  through 17. Notwithstanding this definition, "qualified

12  county" also means a county that contains an area that has

13  been designated as a federal Enterprise Community pursuant to

14  the 1999 Agricultural Appropriations Act. Such a designated

15  area shall be ranked in tier three until the areas are

16  reevaluated by the Office of Tourism, Trade, and Economic

17  Development.

18         (d)  "New business" means any eligible business first

19  beginning operation on a site in a qualified county and

20  clearly separate from any other commercial or business

21  operation of the business entity within a qualified county. A

22  business entity that operated an eligible business within a

23  qualified county within the 48 months before the period

24  provided for application by subsection (3) is not considered a

25  new business.

26         (e)  "Existing business" means any eligible business

27  that does not meet the criteria for a new business.

28         Section 5.  Section 218.075, Florida Statutes, is

29  amended to read:

30         218.075  Reduction or waiver of permit processing

31  fees.--Notwithstanding any other provision of law, the

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  1  Department of Environmental Protection and the water

  2  management districts shall reduce or waive permit processing

  3  fees for a county counties with a population of 75,000 50,000

  4  or less, or a county with a population of 100,000 or less

  5  which is contiguous to a county with a population of 75,000 or

  6  less, based upon the most current census data, on April 1,

  7  1994, until such counties exceed a population of 75,000 and a

  8  municipality municipalities with a population of 25,000 or

  9  less, or any county or municipality not included within a

10  metropolitan statistical area. Fee reductions or waivers shall

11  be approved on the basis of fiscal hardship or environmental

12  need for a particular project or activity. The governing body

13  must certify that the cost of the permit processing fee is a

14  fiscal hardship due to one of the following factors:

15         (1)  Per capita taxable value is less than the

16  statewide average for the current fiscal year;

17         (2)  Percentage of assessed property value that is

18  exempt from ad valorem taxation is higher than the statewide

19  average for the current fiscal year;

20         (3)  Any condition specified in s. 218.503, that

21  determines a state of financial emergency;

22         (4)  Ad valorem operating millage rate for the current

23  fiscal year is greater than 8 mills; or

24         (5)  A financial condition that is documented in annual

25  financial statements at the end of the current fiscal year and

26  indicates an inability to pay the permit processing fee during

27  that fiscal year.

28

29  The permit applicant must be the governing body of a county or

30  municipality or a third party under contract with a county or

31  municipality and the project for which the fee reduction or

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  1  waiver is sought must serve a public purpose. If a permit

  2  processing fee is reduced, the total fee shall not exceed

  3  $100.

  4         Section 6.  Paragraph (h) of subsection (1) and

  5  subsections (2), (3), (4), and (5) of section 220.191, Florida

  6  Statutes, are amended to read:

  7         220.191  Capital investment tax credit.--

  8         (1)  DEFINITIONS.--For purposes of this section:

  9         (h)  "Qualifying project" means a new or expanding

10  facility in this state which creates at least 100 new jobs in

11  this state and is in one of the target-industry high-impact

12  sectors identified by Enterprise Florida, Inc., and certified

13  by the office pursuant to s. 288.106(2)(o) s. 288.108(6),

14  including, but not limited to, aviation, aerospace,

15  automotive, and silicon technology industries.

16         (2)  An annual credit against the tax imposed by this

17  chapter shall be granted to any qualifying business in an

18  amount equal to 5 percent of the eligible capital costs

19  generated by a qualifying project, for a period not to exceed

20  20 years beginning with the commencement of operations of the

21  project. The tax credit shall be granted against only the

22  corporate income tax liability or the premium tax liability

23  generated by or arising out of the qualifying project, and the

24  sum of all tax credits provided pursuant to this section shall

25  not exceed 100 percent of the eligible capital costs of the

26  project. In no event may any credit granted under this section

27  be carried forward or backward by any qualifying business with

28  respect to a subsequent or prior year. The annual tax credit

29  granted under this section shall not exceed the following

30  percentages of the annual corporate income tax liability or

31

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  1  the premium tax liability generated by or arising out of a

  2  qualifying project:

  3         (a)  Fifty One hundred percent for a qualifying project

  4  which results in a cumulative capital investment of at least

  5  $100 million.

  6         (b)  Twenty-five Seventy-five percent for a qualifying

  7  project which results in a cumulative capital investment of at

  8  least $50 million but less than $100 million.

  9         (c)  Fifty percent for a qualifying project which

10  results in a cumulative capital investment of at least $25

11  million but less than $50 million.

12

13  A qualifying project that which results in a cumulative

14  capital investment of less than $50 $25 million is not

15  eligible to be considered for the capital investment tax

16  credit. An insurance company claiming a credit against premium

17  tax liability under this program shall not be required to pay

18  any additional retaliatory tax levied pursuant to s. 624.5091

19  as a result of claiming such credit. Because credits under

20  this section are available to an insurance company, s.

21  624.5091 does not limit such credit in any manner.

22         (3)  Prior to receiving tax credits for which it has

23  been certified pursuant to this section, a qualifying business

24  must achieve and maintain the employment target specified in

25  its application for certification, but not less than 100

26  additional employees, minimum employment goals beginning with

27  the commencement of operations at a qualifying project and

28  continuing each year thereafter during which tax credits are

29  available pursuant to this section.

30         (4)  The office, upon application by the business and

31  evaluation and recommendation a recommendation by Enterprise

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  1  Florida, Inc., may shall first certify a business as eligible

  2  to receive tax credits pursuant to this section prior to the

  3  business's final decision on and beginning investment in

  4  commencement of operations of a qualifying project, and such

  5  certification shall be transmitted to the Department of

  6  Revenue. Upon receipt of the certification, the Department of

  7  Revenue shall enter into a written agreement with the

  8  qualifying business specifying, at a minimum, the method by

  9  which income generated by or arising out of the qualifying

10  project will be determined.

11         (5)  The office, in consultation with Enterprise

12  Florida, Inc., is authorized to develop the necessary

13  guidelines and application materials for the certification

14  process described in subsection (4). The guidelines at a

15  minimum shall consider the number of jobs the project will

16  create, the wages paid by those jobs, the location of the

17  project and conditions in the area, the anticipated benefits

18  of the project, and the role the credit is expected to play in

19  the business's investment decision.

20         Section 7.  Section 288.012, Florida Statutes, is

21  amended to read:

22         288.012  State of Florida foreign offices.--The

23  Legislature finds that the expansion of international trade

24  and tourism is vital to the overall health and growth of the

25  economy of this state. This expansion is hampered by the lack

26  of technical and business assistance, financial assistance,

27  and information services for businesses in this state. The

28  Legislature finds that these businesses could be assisted by

29  providing these services at State of Florida foreign offices.

30  The Legislature further finds that the accessibility and

31  provision of services at these offices can be enhanced through

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  1  cooperative agreements or strategic alliances between state

  2  entities, local entities, foreign entities, and private

  3  businesses.

  4         (1)(a)  The Office of Tourism, Trade, and Economic

  5  Development is authorized to:

  6         (a)  approve the establishment and operation by

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

  8  Tourism of Establish and operate offices in foreign countries

  9  for the purpose of promoting the trade and economic

10  development of the state, and promoting the gathering of trade

11  data information and research on trade opportunities in

12  specific countries.

13         (b)  Enterprise Florida, Inc., and the Florida

14  Commission on Tourism, as agents for the Office of Tourism,

15  Trade, and Economic Development, may enter into agreements

16  with governmental and private sector entities to establish and

17  operate offices in foreign countries containing provisions

18  which may be in conflict with general laws of the state

19  pertaining to the purchase of office space, employment of

20  personnel, and contracts for services. When agreements

21  pursuant to this section are made which set compensation in

22  foreign currency, such agreements shall be subject to the

23  requirements of s. 215.425, but the purchase of foreign

24  currency by the Office of Tourism, Trade, and Economic

25  Development to meet such obligations shall be subject only to

26  s. 216.311.

27         (c)  By September 1, 1997, the Office of Tourism,

28  Trade, and Economic Development shall develop a plan for the

29  disposition of the current foreign offices and the development

30  and location of additional foreign offices.  The plan shall

31  include, but is not limited to, a determination of the level

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  1  of funding needed to operate the current offices and any

  2  additional offices and whether any of the current offices need

  3  to be closed or relocated. Enterprise Florida, Inc., the

  4  Florida Tourism Commission, the Florida Ports Council, the

  5  Department of State, the Department of Citrus, and the

  6  Department of Agriculture shall assist the Office of Tourism,

  7  Trade, and Economic Development in the preparation of the

  8  plan.  All parties shall cooperate on the disposition or

  9  establishment of the offices and ensure that needed space,

10  technical assistance, and support services are provided to

11  such entities at such foreign offices.

12         (2)  By June 30, 1998, each foreign office shall have

13  in place an operational plan approved by the participating

14  boards or other governing authority, a copy of which shall be

15  provided to the Office of Tourism, Trade, and Economic

16  Development.  These operating plans shall be reviewed and

17  updated each fiscal year and submitted annually thereafter to

18  Enterprise Florida, Inc., or the Florida Commission on Tourism

19  for review and approval. The plans shall include, at a

20  minimum, the following:

21         (a)  Specific policies and procedures encompassing the

22  entire scope of the operation and management of each office.

23         (b)  A comprehensive, commercial strategic plan

24  identifying marketing opportunities and industry sector

25  priorities for the foreign country or area in which a foreign

26  office is located.

27         (c)  Provisions for access to information for Florida

28  businesses through the Florida Trade Data Center.  Each

29  foreign office shall obtain and forward trade leads and

30  inquiries to the center on a regular basis as called for in

31  the plan pursuant to paragraph (1)(c).

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  1         (d)  Identification of new and emerging market

  2  opportunities for Florida businesses.  Each foreign office

  3  shall provide the Florida Trade Data Center with a compilation

  4  of foreign buyers and importers in industry sector priority

  5  areas annually on an annual basis. In return, the Florida

  6  Trade Data Center shall make available to each foreign office,

  7  and to the entities identified in paragraph (1)(c), trade

  8  industry, commodity, and opportunity information as specified

  9  in the plan required in that paragraph.  This information

10  shall be provided to the offices and the entities identified

11  in paragraph (1)(c) either free of charge or on a fee basis

12  with fees set only to recover the costs of providing the

13  information.

14         (e)  Provision of access for Florida businesses to the

15  services of the Florida Trade Data Center, international trade

16  assistance services provided by state and local entities,

17  seaport and airport information, and other services identified

18  in the plan pursuant to paragraph (1)(c).

19         (f)  Qualitative and quantitative performance measures

20  for each office including, but not limited to, the number of

21  businesses assisted, the number of trade leads and inquiries

22  generated, the number of foreign buyers and importers

23  contacted, and the amount and type of marketing conducted.

24         (3)  By October 1 of each year, each foreign office

25  shall submit to Enterprise Florida, Inc., or the Florida

26  Commission on Tourism the Office of Tourism, Trade, and

27  Economic Development a complete and detailed report on its

28  activities and accomplishments during the preceding fiscal

29  year. In a format provided by Enterprise Florida, Inc., the

30  report must set forth information on:

31         (a)  The number of Florida companies assisted.

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  1         (b)  The number of inquiries received about investment

  2  opportunities in this state.

  3         (c)  The number of trade leads generated.

  4         (d)  The number of investment projects announced.

  5         (e)  The estimated U.S. dollar value of sales

  6  confirmations.

  7         (f)  The number of representation agreements.

  8         (g)  The number of company consultations.

  9         (h)  Barriers or other issues affecting the effective

10  operation of the office.

11         (i)  Changes in office operations which are planned for

12  the current fiscal year.

13         (j)  Marketing activities conducted.

14         (k)  Strategic alliances formed with organizations in

15  the country in which the office is located.

16         (l)  Activities conducted with other Florida foreign

17  offices.

18         (m)  Any other information that the office believes

19  would contribute to an understanding of its activities.

20         (4)  The Office of Tourism, Trade, and Economic

21  Development, in connection with the establishment, operation,

22  and management of any of the its offices located in a foreign

23  country, is exempt from the provisions of ss. 255.21, 255.25,

24  and 255.254 relating to leasing of buildings; ss. 283.33 and

25  283.35 relating to bids for printing; ss. 287.001-287.20

26  relating to purchasing and motor vehicles; and ss.

27  282.003-282.111 relating to communications, and from all

28  statutory provisions relating to state employment.

29         (a)  Such exemptions The Office of Tourism, Trade, and

30  Economic Development may be exercised exercise such exemptions

31  only upon prior approval of the Governor.

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  1         (b)  If approval for an exemption under this section is

  2  granted as an integral part of a plan of operation for a

  3  specified foreign office, such action shall constitute

  4  continuing authority for the Office of Tourism, Trade, and

  5  Economic Development to exercise of the exemption, but only in

  6  the context and upon the terms originally granted. Any

  7  modification of the approved plan of operation with respect to

  8  an exemption contained therein must be resubmitted to the

  9  Governor for his or her approval. An approval granted to

10  exercise an exemption in any other context shall be restricted

11  to the specific instance for which the exemption is to be

12  exercised.

13         (c)  As used in this subsection, the term "plan of

14  operation" means the plan developed pursuant to subsection

15  (2).

16         (d)  Upon final action by the Governor with respect to

17  a request to exercise the exemption authorized in this

18  subsection, the Office of Tourism, Trade, and Economic

19  Development shall report such action, along with the original

20  request and any modifications thereto, to the President of the

21  Senate and the Speaker of the House of Representatives within

22  30 days.

23         (5)  Where feasible and appropriate, and subject to s.

24  288.1224(10), foreign offices established and operated under

25  this section may provide one-stop access to the economic

26  development, trade, and tourism information, services, and

27  programs of the state.  Where feasible and appropriate, and

28  subject to s. 288.1224(10), such offices may also be

29  collocated with other foreign offices of the state.

30         (6)  The Office of Tourism, Trade, and Economic

31  Development is authorized to make and to enter into contracts

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  1  with Enterprise Florida, Inc., and the Florida Commission on

  2  Tourism to carry out the provisions of this section.  The

  3  authority, duties, and exemptions provided in this section

  4  apply to Enterprise Florida, Inc., and the Florida Commission

  5  on Tourism to the same degree and subject to the same

  6  conditions as applied to the Office of Tourism, Trade, and

  7  Economic Development. To the greatest extent possible, such

  8  contracts shall include provisions for cooperative agreements

  9  or strategic alliances between state entities, foreign

10  entities, local entities, and private businesses to operate

11  foreign offices.

12         Section 8.  Section 288.018, Florida Statutes, is

13  amended to read:

14         288.018  Regional Rural Development Grants Program.--

15         (1)  Enterprise Florida, Inc., shall administer The

16  Office of Tourism, Trade, and Economic Development shall

17  establish a matching grant program to provide funding to

18  regionally based economic development organizations

19  representing rural counties and communities for the purpose of

20  building the professional capacity of their organizations.

21  Upon recommendation by Enterprise Florida, Inc., the Office of

22  Tourism, Trade, and Economic Development is authorized to

23  approve, on an annual basis, grants to such regionally based

24  economic development organizations. The maximum amount an

25  organization may receive in any year will be $35,000, or

26  $100,000 in a rural area of critical economic concern

27  recommended by the Rural Economic Development Initiative and

28  designated by the Governor, and must be matched each year by

29  an equivalent amount of nonstate resources.

30         (2)  In recommending the awards for funding, Enterprise

31  Florida, Inc., approving the participants, the Office of

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  1  Tourism, Trade, and Economic Development shall consider the

  2  demonstrated need of the applicant for assistance and require

  3  the following:

  4         (a)  Documentation of official commitments of support

  5  from each of the units of local government represented by the

  6  regional organization.

  7         (b)  Demonstration that each unit of local government

  8  has made a financial or in-kind commitment to the regional

  9  organization.

10         (c)  Demonstration that the private sector has made

11  financial or in-kind commitments to the regional organization.

12         (d)  Demonstration that the organization is in

13  existence and actively involved in economic development

14  activities serving the region.

15         (e)  Demonstration of the manner in which the

16  organization is or will coordinate its efforts with those of

17  other local and state organizations.

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

19  Development may approve awards expend up to a total of

20  $600,000 each fiscal year from funds appropriated to the Rural

21  Community Development Revolving Loan Fund for the purposes

22  outlined in this section.

23         Section 9.  Section 288.064, Florida Statutes, is

24  created to read:

25         288.064  Legislative intent on rural economic

26  development.--

27         (1)  The Legislature finds and declares that, because

28  of climate, tourism, industrialization, technological

29  advances, federal and state government policies,

30  transportation, and migration, Florida's urban communities

31  have grown rapidly over the past 40 years. This growth and

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  1  prosperity, however, have not been shared by Florida's rural

  2  communities, although these communities are the stewards of

  3  the vast majority of the land and natural resources. Without

  4  this land and these resources, the state's growth and

  5  prosperity cannot continue. In short, successful rural

  6  communities are essential to the overall success of the

  7  state's economy.

  8         (2)  The Legislature further finds and declares that

  9  many rural areas of the state are experiencing not only a lack

10  of growth but severe and sustained economic distress. Median

11  household incomes are significantly less than the state's

12  median household income level. Job creation rates trail those

13  in more urbanized areas. In many cases, rural counties have

14  lost jobs, which handicaps local economies and drains wealth

15  from these communities. These and other factors, including

16  government policies, amplify and compound social, health, and

17  community problems, making job creation and economic

18  development even more difficult. Moreover, the Legislature

19  finds that traditional program and service delivery is often

20  hampered by the necessarily rigid structure of the programs

21  themselves and the lack of local resources.

22         (3)  It is the intent of the Legislature to provide for

23  the most efficient and effective delivery of programs of

24  assistance and support to rural communities, including the

25  use, where appropriate, of regulatory flexibility through

26  multiagency coordination and adequate funding. The Legislature

27  determines and declares that the provision of such assistance

28  and support in this manner fulfills an important state

29  interest.

30

31

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  1         Section 10.  Subsection (2) of section 288.0656,

  2  Florida Statutes, is amended and subsection (9) is added to

  3  that section to read:

  4         288.0656  Rural Economic Development Initiative.--

  5         (2)  As used in this section, the term:

  6         (a)  "Economic distress" means conditions affecting the

  7  fiscal and economic viability of a rural community, including

  8  such factors as low per capita income, low per capita taxable

  9  values, high unemployment, high underemployment, low weekly

10  earned wages compared to the state average, low housing values

11  compared to the state average, high percentages of the

12  population receiving public assistance, high poverty levels

13  compared to the state average, and a lack of year-round stable

14  employment opportunities.

15         (b)  "Rural community" means:

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

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

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

19         3.  A municipality within a county described in

20  subparagraph 1. or subparagraph 2.

21         4.  An unincorporated federal enterprise community or

22  an incorporated rural city with a population of 25,000 or less

23  and an employment base focused on traditional agricultural or

24  resource-based industries, located in a county not described

25  in subparagraph 1. or subparagraph 2. which meets the criteria

26  established in subsection (9). defined as rural, which has at

27  least three or more of the economic distress factors

28  identified in paragraph (a) and verified by the Office of

29  Tourism, Trade, and Economic Development.

30

31

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  1  For purposes of this paragraph, population shall be determined

  2  in accordance with the most recent official estimate pursuant

  3  to s. 186.901.

  4         (9)(a)  An unincorporated federal enterprise community

  5  or an incorporated rural city as described in subparagraph

  6  (2)(b)4. must apply to REDI for designation as rural by

  7  resolution of the municipal governing body and demonstrate

  8  that three or more of the factors of economic distress as

  9  provided in paragraph (2)(a) exist within the community.  REDI

10  shall verify such factors prior to approving the designation.

11         (b)  Upon receiving such designation, an unincorporated

12  federal enterprise community or an incorporated rural city in

13  a nonrural county shall be eligible to apply for any program

14  specifically identified in statute as a rural program,

15  provided that it demonstrates that the county of jurisdiction

16  for such unincorporated federal enterprise community or rural

17  city is also providing support for each program application.

18  REDI may recommend criteria for the evaluation of such county

19  support to the administrative agency of each program.  Such

20  communities shall also be eligible for any preferential

21  criteria or waivers of any program requirements specifically

22  identified in statute as available for rural counties, cities,

23  or communities when necessary to encourage and facilitate

24  long-term private capital investment and job creation.

25         Section 11.  Section 288.1088, Florida Statutes, is

26  amended to read:

27         288.1088  Quick Action Closing Fund.--

28         (1)(a)  The Legislature finds that attracting,

29  retaining, and providing favorable conditions for the growth

30  of certain target industries provides high-quality employment

31  opportunities for residents of this state and enhances the

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  1  economic foundations of the state high-impact business

  2  facilities provides widespread economic benefits to the public

  3  through high-quality employment opportunities in such

  4  facilities and in related facilities attracted to the state,

  5  through the increased tax base provided by the high-impact

  6  facility and businesses in related sectors, through an

  7  enhanced entrepreneurial climate in the state and the

  8  resulting business and employment opportunities, and through

  9  the stimulation and enhancement of the state's universities

10  and community colleges. In the global economy, there exists

11  serious and fierce international competition for these

12  facilities, and in most instances, when all available

13  resources for economic development have been used, the state

14  continues to encounter severe competitive disadvantages in

15  vying for these high-impact business facilities.

16         (b)  The Legislature therefore declares that sufficient

17  resources shall be available to respond to extraordinary

18  economic opportunities, and to compete effectively for these

19  high-value-added employment opportunities, and to enhance the

20  state's economic base by providing incentives to qualifying

21  businesses that require inducement beyond that available

22  through other sources to invest, grow, and create new

23  high-wage employment opportunities in this state and its

24  communities high-impact business facilities.

25         (2)  There is created within the Office of Tourism,

26  Trade, and Economic Development the Quick Action Closing Fund,

27  also known as the 21st Century Fund.

28         (3)(a)  Enterprise Florida, Inc., shall evaluate

29  individual proposals for target-industry businesses

30  high-impact business facilities and forward recommendations

31  regarding the use of moneys in the fund for such projects

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  1  facilities to the director of the Office of Tourism, Trade,

  2  and Economic Development. Such evaluation and recommendation

  3  must include, but need not be limited to:

  4         1.  A description of the type of facility, its business

  5  operation, and the product or service associated with the

  6  project facility.

  7         2.  The number of full-time-equivalent jobs that will

  8  be created by the project facility and the total estimated

  9  average annual wages of those jobs.

10         3.  The cumulative amount of investment to be dedicated

11  to the project facility within a specified period.

12         4.  A statement of any special impacts the project

13  facility is expected to stimulate in a particular business

14  sector in the state or regional economy, or in the state's

15  universities and community colleges, or in a distressed

16  Florida community.

17         5.  A statement of the role the incentive is expected

18  to play in the decision of the applicant business to locate or

19  expand in this state, an analysis of all other state and local

20  incentives that have been offered in this state, and an

21  analysis of the conditions and incentives offered by other

22  states and their communities.

23         (b)  Upon receipt of the evaluation and recommendation

24  from Enterprise Florida, Inc., the director shall recommend

25  approval or disapproval of a project for receipt of funds from

26  the Quick Action Closing Fund to the Governor. In recommending

27  a target-industry business for this incentive high-impact

28  business facility, the director shall include proposed

29  performance conditions that the business facility must meet to

30  obtain incentive funds. The Governor shall consult with the

31  President of the Senate and the Speaker of the House of

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  1  Representatives before giving final approval for a project.

  2  The Executive Office of the Governor shall recommend approval

  3  of a project and release of funds pursuant to the legislative

  4  consultation and review requirements set forth in s. 216.177.

  5  The recommendation must include proposed performance

  6  conditions the project must meet to obtain funds.

  7         (c)  If a project is approved for the receipt of funds

  8  Upon the approval of the Governor, the director of the Office

  9  of Tourism, Trade, and Economic Development and the

10  high-impact business shall enter into a contract that sets

11  forth the conditions for payment of moneys from the fund. The

12  contract must include the total amount of funds awarded; the

13  performance conditions that must be met to obtain the award,

14  including, but not limited to, net new employment in the

15  state, average salary, and total capital investment; the

16  methodology for validating performance; the schedule of

17  payments from the fund; and sanctions for failure to meet

18  performance conditions.

19         (d)  Enterprise Florida, Inc., shall validate

20  contractor performance. Such validation shall be reported

21  within 6 months after completion of the contract to the

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

23  House of Representatives.

24         Section 12.  Subsections (1), (2), (4), (6), (8), and

25  (10) of section 288.1162, Florida Statutes, are amended to

26  read:

27         288.1162  Professional sports franchises; spring

28  training franchises; duties.--

29         (1)  The direct-support organization authorized under

30  s. 288.1229 Office of Tourism, Trade, and Economic Development

31  shall serve as the state agency for screening applicants and

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  1  shall make recommendations to the Office of Tourism, Trade,

  2  and Economic Development for state funding pursuant to s.

  3  212.20 and for certifying an applicant as a "facility for a

  4  new professional sports franchise," a "facility for a retained

  5  professional sports franchise," or a "new spring training

  6  franchise facility." The Office of Tourism, Trade, and

  7  Economic Development shall have the final approval for any

  8  decision under this section.

  9         (2)  The direct-support organization authorized under

10  s. 288.1229 Office of Tourism, Trade, and Economic Development

11  shall develop guidelines rules for the receipt and processing

12  of applications for funding pursuant to s. 212.20.

13         (4)  Prior to certifying an applicant as a "facility

14  for a new professional sports franchise" or a "facility for a

15  retained professional sports franchise," the direct-support

16  organization authorized under s. 288.1229 Office of Tourism,

17  Trade, and Economic Development must determine that:

18         (a)  A "unit of local government" as defined in s.

19  218.369 is responsible for the construction, management, or

20  operation of the professional sports franchise facility or

21  holds title to the property on which the professional sports

22  franchise facility is located.

23         (b)  The applicant has a verified copy of a signed

24  agreement with a new professional sports franchise for the use

25  of the facility for a term of at least 10 years, or in the

26  case of a retained professional sports franchise, an agreement

27  for use of the facility for a term of at least 20 years.

28         (c)  The applicant has a verified copy of the approval

29  from the governing authority of the league in which the new

30  professional sports franchise exists authorizing the location

31  of the professional sports franchise in this state after April

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  1  1, 1987, or in the case of a retained professional sports

  2  franchise, verified evidence that it has had a

  3  league-authorized location in this state on or before December

  4  31, 1976. The term "league" means the National League or the

  5  American League of Major League Baseball, the National

  6  Basketball Association, the National Football League, or the

  7  National Hockey League.

  8         (d)  The applicant has projections, verified by the

  9  direct-support organization Office of Tourism, Trade, and

10  Economic Development, which demonstrate that the new or

11  retained professional sports franchise will attract a paid

12  attendance of more than 300,000 annually.

13         (e)  The applicant has an independent analysis or

14  study, verified by the direct-support organization Office of

15  Tourism, Trade, and Economic Development, which demonstrates

16  that the amount of the revenues generated by the taxes imposed

17  under chapter 212 with respect to the use and operation of the

18  professional sports franchise facility will equal or exceed $2

19  million annually.

20         (f)  The municipality in which the facility for a new

21  or retained professional sports franchise is located, or the

22  county if the facility for a new or retained professional

23  sports franchise is located in an unincorporated area, has

24  certified by resolution after a public hearing that the

25  application serves a public purpose.

26         (g)  The applicant has demonstrated that it has

27  provided, is capable of providing, or has financial or other

28  commitments to provide more than one-half of the costs

29  incurred or related to the improvement and development of the

30  facility.

31

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  1         (h)  No applicant previously certified under any

  2  provision of this section who has received funding under such

  3  certification shall be eligible for an additional

  4  certification.

  5         (6)  Prior to certifying an applicant as a "new spring

  6  training franchise facility," the direct-support organization

  7  authorized under s. 288.1229 Office of Tourism, Trade, and

  8  Economic Development must determine that:

  9         (a)  A "unit of local government" as defined in s.

10  218.369 is responsible for the construction, management, or

11  operation of the new spring training franchise facility or

12  holds title to the property on which the new spring training

13  franchise facility is located.

14         (b)  The applicant has a verified copy of a signed

15  agreement with a new spring training franchise for the use of

16  the facility for a term of at least 15 years.

17         (c)  The applicant has a financial commitment to

18  provide 50 percent or more of the funds required by an

19  agreement for the use of the facility by the new spring

20  training franchise.

21         (d)  The proposed facility for the new spring training

22  franchise is located within 20 miles of an interstate or other

23  limited-access highway system.

24         (e)  The applicant has projections, verified by the

25  direct-support organization Office of Tourism, Trade, and

26  Economic Development, which demonstrate that the new spring

27  training franchise facility will attract a paid attendance of

28  at least 50,000 annually.

29         (f)  The new spring training franchise facility is

30  located in a county that is levying a tourist development tax

31  pursuant to s. 125.0104(3)(b), (c), (d), and (l), at the rate

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  1  of 4 percent by March 1, 1992, and, 87.5 percent of the

  2  proceeds from such tax are dedicated for the construction of a

  3  spring training complex.

  4         (8)  The direct-support organization authorized under

  5  s. 288.1229 Office of Tourism, Trade, and Economic Development

  6  shall notify the Department of Revenue of any facility

  7  certified as a facility for a new professional sports

  8  franchise or a facility for a retained professional sports

  9  franchise or as a new spring training franchise facility.  The

10  direct-support organization Office of Tourism, Trade, and

11  Economic Development may certify no more than eight facilities

12  as facilities for a new professional sports franchise, as

13  facilities for a retained professional sports franchise, or as

14  new spring training franchise facilities, including in such

15  total any facilities certified by the Department of Commerce

16  before July 1, 1996, and by the Office of Tourism, Trade, and

17  Economic Development before July 1, 2000. The office may make

18  No more than one certification may be made for any facility.

19         (10)  An applicant shall not be qualified for

20  certification under this section if the franchise formed the

21  basis for a previous certification, unless the previous

22  certification was withdrawn by the facility or invalidated by

23  the direct-support organization authorized under s. 288.1229,

24  the Office of Tourism, Trade, and Economic Development, or the

25  Department of Commerce before any funds were distributed

26  pursuant to s. 212.20. This subsection does not disqualify an

27  applicant if the previous certification occurred between May

28  23, 1993, and May 25, 1993; however, any funds to be

29  distributed pursuant to s. 212.20 for the second certification

30  shall be offset by the amount distributed to the previous

31  certified facility. Distribution of funds for the second

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  1  certification shall not be made until all amounts payable for

  2  the first certification have been distributed.

  3         Section 13.  Section 288.1168, Florida Statutes, is

  4  amended to read:

  5         288.1168  Professional golf hall of fame facility;

  6  duties.--

  7         (1)  The Department of Commerce shall serve as the

  8  state agency for screening applicants for state funding

  9  pursuant to s. 212.20 and for certifying one applicant as the

10  professional golf hall of fame facility in the state.

11         (2)  Prior to certifying the professional golf hall of

12  fame facility, the Department of Commerce must determine that:

13         (a)  The professional golf hall of fame facility is the

14  only professional golf hall of fame in the United States

15  recognized by the PGA Tour, Inc.

16         (b)  The applicant is a unit of local government as

17  defined in s. 218.369 or a private sector group that has

18  contracted to construct or operate the professional golf hall

19  of fame facility on land owned by a unit of local government.

20         (c)  The municipality in which the professional golf

21  hall of fame facility is located, or the county if the

22  facility is located in an unincorporated area, has certified

23  by resolution after a public hearing that the application

24  serves a public purpose.

25         (d)  There are existing projections that the

26  professional golf hall of fame facility will attract a paid

27  attendance of more than 300,000 annually.

28         (e)  There is an independent analysis or study, using

29  methodology approved by the department, which demonstrates

30  that the amount of the revenues generated by the taxes imposed

31  under chapter 212 with respect to the use and operation of the

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  1  professional golf hall of fame facility will equal or exceed

  2  $2 million annually.

  3         (1)(f)  Prior to certification, the applicant for the

  4  certified professional golf hall of fame facility must submit

  5  The applicant has submitted an agreement to provide $2 million

  6  annually in national and international media promotion of the

  7  professional golf hall of fame facility, Florida, and Florida

  8  tourism, through the PGA Tour, Inc., or its affiliates, at the

  9  then-current commercial rate, during the period of time that

10  the facility receives funds pursuant to s. 212.20. The

11  direct-support organization authorized under s. 288.1229

12  Office of Tourism, Trade, and Economic Development and the PGA

13  Tour, Inc., or its affiliates, must agree annually on a

14  reasonable percentage of advertising specifically allocated

15  for generic Florida advertising. The direct-support

16  organization authorized under s. 288.1229 Office of Tourism,

17  Trade, and Economic Development shall have final approval of

18  all generic advertising. Failure on the part of the PGA Tour,

19  Inc., or its affiliates to annually provide the advertising as

20  provided in this subsection paragraph or subsection (4) (6)

21  shall result in the termination of funding as provided in s.

22  212.20.

23         (g)  Documentation exists that demonstrates that the

24  applicant has provided, is capable of providing, or has

25  financial or other commitments to provide more than one-half

26  of the costs incurred or related to the improvement and

27  development of the facility.

28         (h)  The application is signed by an official senior

29  executive of the applicant and is notarized according to

30  Florida law providing for penalties for falsification.

31

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  1         (2)(3)  The certified professional golf hall of fame

  2  facility applicant may use funds provided pursuant to s.

  3  212.20 for the public purpose of paying for the construction,

  4  reconstruction, renovation, or operation of the professional

  5  golf hall of fame facility, or to pay or pledge for payment of

  6  debt service on, or to fund debt service reserve funds,

  7  arbitrage rebate obligations, or other amounts payable with

  8  respect to, bonds issued for the construction, reconstruction,

  9  or renovation of the facility or for the reimbursement of such

10  costs or the refinancing of bonds issued for such purpose.

11         (4)  Upon determining that an applicant is or is not

12  certifiable, the Secretary of Commerce shall notify the

13  applicant of his or her status by means of an official letter.

14  If certifiable, the secretary shall notify the executive

15  director of the Department of Revenue and the applicant of

16  such certification by means of an official letter granting

17  certification.  From the date of such certification, the

18  applicant shall have 5 years to open the professional golf

19  hall of fame facility to the public and notify the Office of

20  Tourism, Trade, and Economic Development of such opening.  The

21  Department of Revenue shall not begin distributing funds until

22  30 days following notice by the Office of Tourism, Trade, and

23  Economic Development that the professional golf hall of fame

24  facility is open to the public.

25         (3)(5)  The Department of Revenue may audit as provided

26  in s. 213.34 to verify that the distributions under this

27  section have been expended as required by this section.

28         (4)(6)  The direct-support organization authorized

29  under s. 288.1229 Office of Tourism, Trade, and Economic

30  Development must recertify every 10 years that the facility is

31  open, continues to be the only professional golf hall of fame

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  1  in the United States recognized by the PGA Tour, Inc., and is

  2  meeting the minimum projections for attendance or sales tax

  3  revenue as required at the time of original certification.  If

  4  the facility is not certified as meeting the minimum

  5  projections, the PGA Tour, Inc., shall increase its required

  6  advertising contribution of $2 million annually to $2.5

  7  million annually in lieu of reduction of any funds as provided

  8  by s. 212.20. The additional $500,000 must be allocated in its

  9  entirety for the use and promotion of generic Florida

10  advertising as determined by the direct-support organization

11  authorized under s. 288.1229 Office of Tourism, Trade, and

12  Economic Development. If the facility is not open to the

13  public or is no longer in use as the only professional golf

14  hall of fame in the United States recognized by the PGA Tour,

15  Inc., the entire $2.5 million for advertising must be used for

16  generic Florida advertising as determined by the

17  direct-support organization authorized under s. 288.1229

18  Office of Tourism, Trade, and Economic Development.

19         Section 14.  Section 288.1169, Florida Statutes, is

20  amended to read:

21         288.1169  International Game Fish Association World

22  Center facility; department duties.--

23         (1)  The direct-support organization authorized under

24  s. 288.1229 Department of Commerce shall serve as the state

25  agency approving applicants for funding pursuant to s. 212.20

26  and for certifying the applicant as the International Game

27  Fish Association World Center facility. For purposes of this

28  section, "facility" means the International Game Fish

29  Association World Center, and "project" means the

30  International Game Fish Association World Center and new

31  colocated improvements by private sector concerns who have

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  1  made cash or in-kind contributions to the facility of $1

  2  million or more.

  3         (2)  Prior to certifying this facility, the

  4  direct-support organization authorized under s. 288.1229

  5  department must determine that:

  6         (a)  The International Game Fish Association World

  7  Center is the only fishing museum, Hall of Fame, and

  8  international administrative headquarters in the United States

  9  recognized by the International Game Fish Association, and

10  that one or more private sector concerns have committed to

11  donate to the International Game Fish Association land upon

12  which the International Game Fish Association World Center

13  will operate.

14         (b)  International Game Fish Association is a

15  not-for-profit Florida corporation that has contracted to

16  construct and operate the facility.

17         (c)  The municipality in which the facility is located,

18  or the county if the facility is located in an unincorporated

19  area, has certified by resolution after a public hearing that

20  the facility serves a public purpose.

21         (d)  There are existing projections that the

22  International Game Fish Association World Center facility and

23  the colocated facilities of private sector concerns will

24  attract an attendance of more than 1.8 million annually.

25         (e)  There is an independent analysis or study, using

26  methodology approved by the direct-support organization

27  department, which demonstrates that the amount of the revenues

28  generated by the taxes imposed under chapter 212 with respect

29  to the use and operation of the project will exceed $1 million

30  annually.

31

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  1         (f)  There are existing projections that the project

  2  will attract more than 300,000 persons annually who are not

  3  residents of the state.

  4         (g)  The applicant has submitted an agreement to

  5  provide $500,000 annually in national and international media

  6  promotion of the facility, at the then-current commercial

  7  rates, during the period of time that the facility receives

  8  funds pursuant to s. 212.20. Failure on the part of the

  9  applicant to annually provide the advertising as provided in

10  this paragraph shall result in the termination of the funding

11  as provided in s. 212.20. The applicant can discharge its

12  obligation under this paragraph by contracting with other

13  persons, including private sector concerns who participate in

14  the project.

15         (h)  Documentation exists that demonstrates that the

16  applicant has provided, and is capable of providing, or has

17  financial or other commitments to provide, more than one-half

18  of the cost incurred or related to the improvements and the

19  development of the facility.

20         (i)  The application is signed by senior officials of

21  the International Game Fish Association and is notarized

22  according to Florida law providing for penalties for

23  falsification.

24         (3)  The applicant may use funds provided pursuant to

25  s. 212.20 for the purpose of paying for the construction,

26  reconstruction, renovation, promotion, or operation of the

27  facility, or to pay or pledge for payment of debt service on,

28  or to fund debt service reserve funds, arbitrage rebate

29  obligations, or other amounts payable with respect to, bonds

30  issued for the construction, reconstruction, or renovation of

31

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  1  the facility or for the reimbursement of such costs or by

  2  refinancing of bonds issued for such purposes.

  3         (4)  Upon determining that an applicant is or is not

  4  certifiable, the direct-support organization authorized under

  5  s. 288.1229 Department of Commerce shall notify the applicant

  6  of its status by means of an official letter.  If certifiable,

  7  the direct-support organization Department of Commerce shall

  8  notify the executive director of the Department of Revenue and

  9  the applicant of such certification by means of an official

10  letter granting certification.  From the date of such

11  certification, the applicant shall have 5 years to open the

12  facility to the public and notify the direct-support

13  organization Department of Commerce of such opening. The

14  Department of Revenue shall not begin distributing funds until

15  30 days following notice by the direct-support organization

16  Department of Commerce that the facility is open to the

17  public.

18         (5)  The Department of Revenue may audit as provided in

19  s. 213.34 to verify that the contributions pursuant to this

20  section have been expended as required by this section.

21         (6)  The direct-support organization authorized under

22  s. 288.1229 Department of Commerce must recertify every 10

23  years that the facility is open, that the International Game

24  Fish Association World Center continues to be the only

25  international administrative headquarters, fishing museum, and

26  Hall of Fame in the United States recognized by the

27  International Game Fish Association, and must verify annually

28  that the project is meeting the minimum projections for

29  attendance or sales tax revenues as required at the time of

30  original certification.  If the facility is not recertified

31  during this 10-year review as meeting the minimum projections,

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  1  then funding will be abated until certification criteria are

  2  met.  If the project fails to generate $1 million of annual

  3  revenues pursuant to paragraph (2)(e), the distribution of

  4  revenues pursuant to s. 212.20(6)(f)5.c. shall be reduced to

  5  an amount equal to $83,333 multiplied by a fraction, the

  6  numerator of which is the actual revenues generated and the

  7  denominator of which is $1 million.  Such reduction shall

  8  remain in effect until revenues generated by the project in a

  9  12-month period equal or exceed $1 million.

10         Section 15.  Section 288.1185, Florida Statutes, is

11  transferred, renumbered as section 403.7155, Florida Statutes,

12  and amended to read:

13         403.7155 288.1185  Recycling Markets Advisory

14  Committee.--

15         (1)  There is created the Recycling Markets Advisory

16  Committee, hereinafter referred to as the "committee," to be

17  administratively housed in the Department of Environmental

18  Protection Office of Tourism, Trade, and Economic Development.

19  The purpose of the committee shall be to serve as the

20  mechanism for coordination among state agencies and the

21  private sector to coordinate policy and overall strategic

22  planning for developing new markets and expanding and

23  enhancing existing markets for recovered materials. The

24  committee may not duplicate or replace agency programs, but

25  shall enhance, coordinate, and recommend priorities for those

26  programs.

27         (2)(a)  The committee shall consist of 12 members, 10

28  of whom shall be appointed by the Governor, each of whom is or

29  has been actively engaged in the recycling industry or a

30  related business area, including the use of product packaging

31  materials, or is a local government official with a

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  1  demonstrated knowledge of recycling; a member of the House of

  2  Representatives to be appointed by the Speaker of the House of

  3  Representatives, who shall serve without voting rights as an

  4  ex officio member of the committee; and a member of the Senate

  5  to be appointed by the President of the Senate, who shall

  6  serve without voting rights as an ex officio member of the

  7  committee.

  8         (b)  Members of the committee shall be appointed within

  9  60 days after this section takes effect.

10         (c)  A chairperson shall be appointed by the Governor

11  from among the members of the committee.

12         (d)  The committee shall meet at the call of its

13  chairperson or at the request of a majority of its membership,

14  but at least biannually. A majority of the members shall

15  constitute a quorum, and the affirmative vote of a majority of

16  a quorum is necessary to take official action.

17         (e)  Members of the committee shall serve without

18  compensation but are entitled to receive reimbursement for per

19  diem and travel expenses as provided in s. 112.061.

20         (f)  The committee may appoint ad hoc committees, which

21  may include persons who are not members of the committee, to

22  study recycled materials market development problems and

23  issues and advise the committee on these subjects.  Ad hoc

24  committee members may be reimbursed for per diem and travel

25  expenses as provided in s. 112.061.

26         (g)  The Department of Environmental Protection Office

27  of Tourism, Trade, and Economic Development shall coordinate

28  with agencies listed in paragraph (3)(a) to provide support as

29  necessary to enable the committee to adequately carry out its

30  functions.

31

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  1         (3)(a)  The heads of the Department of Transportation,

  2  the Department of Environmental Protection, the Department of

  3  Management Services, the Department of Agriculture and

  4  Consumer Services, the Florida Energy Office, and the Governor

  5  shall each designate a staff member from within the agency to

  6  serve as the recycling market development liaison for the

  7  agency. This person shall have knowledge of recycling and the

  8  issues and problems related to recycling and recycled

  9  materials market development. This person shall be the primary

10  point of contact for the agency on issues related to recycled

11  materials market development. These liaisons shall be

12  available for committee meetings and shall work closely with

13  the committee and other recycling market development liaisons

14  to further the goals of the committee, as appropriate.

15         (b)  Whenever it is necessary to change the designee,

16  the head of each agency shall notify the Governor in writing

17  of the person designated as the recycling market development

18  liaison for such agency.

19         (4)(a)  By October 1, 1993, the committee shall develop

20  a plan to set goals and provide direction for developing new

21  markets and expanding and enhancing existing markets for

22  recovered materials.

23         (b)  In developing the plan and any needed legislation,

24  the committee shall consider:

25         1.  Developing new markets and expanding and enhancing

26  existing markets for recovered materials.

27         2.  Pursuing expanded end uses for recycled materials.

28         3.  Targeting materials for concentrated market

29  development efforts.

30         4.  Developing proposals for new incentives for market

31  development, particularly focusing on targeted materials.

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  1         5.  Providing guidance on issues such as permitting,

  2  finance options for recycling market development, site

  3  location, research and development, grant program criteria for

  4  recycled materials markets, recycling markets education and

  5  information, and minimum content.

  6         6.  Coordinating the efforts of various government

  7  entities with market development responsibilities.

  8         7.  Evaluating the need for competitively solicited,

  9  cooperative ventures in rural areas for collecting,

10  processing, marketing, and procuring collected materials.

11         8.  Evaluating source-reduced products as they relate

12  to state procurement policy.  The evaluation shall include,

13  but is not limited to, the environmental and economic impact

14  of source-reduced product purchases on the state.  For the

15  purposes of this section, "source-reduced" means any method,

16  process, product, or technology which significantly or

17  substantially reduces the volume or weight of a product while

18  providing, at a minimum, equivalent or generally similar

19  performance and service to and for the users of such

20  materials.

21         (5)  By November 1 of each year, beginning in 1994, the

22  committee shall submit to the Governor, the President of the

23  Senate, and the Speaker of the House of Representatives a

24  complete and detailed report setting forth in appropriate

25  detail the operations and accomplishments of the committee and

26  the activities of existing agencies and programs in support of

27  the goals established by the committee, including any

28  recommendations for statutory changes.

29         (6)  In order to support the functions of the

30  committee, the Department of Environmental Protection Office

31  of Tourism, Trade, and Economic Development may hire staff or

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  1  contract with other agencies for staff support and enter into

  2  contracts for support, research, planning, evaluation, and

  3  communication and promotion services.

  4         Section 16.  Paragraphs (a) and (g) of subsection (2)

  5  of section 288.1223, Florida Statutes, are amended to read:

  6         288.1223  Florida Commission on Tourism; creation;

  7  purpose; membership.--

  8         (2)(a)  The commission shall consist of the Governor or

  9  the Governor's designee, who must be from the public sector,

10  and 17 general tourism-industry-related members appointed by

11  the Governor, subject to confirmation by the Senate, and 11

12  additional tourism-industry-related members, appointed by the

13  Governor no later than July 31, 1996, including 3

14  representatives from the statewide rental car industry, 3

15  representatives from tourist-related statewide associations,

16  including those that represent hotels, campgrounds, and

17  attractions, 3 representatives from county destination

18  marketing organizations, 1 representative from the cruise

19  industry, and 1 representative from the airline industry, who

20  will each serve for a term of 2 years, the Governor, and 2

21  additional ex officio members, who will serve for a term of 2

22  years, appointed no later than July 31, 1996, including a

23  member of the Senate appointed by the President of the Senate

24  and a member of the House of Representatives appointed by the

25  Speaker of the House of Representatives.

26         (g)  The Governor or the Governor's designee, who must

27  be from the public sector, shall serve as chair of the

28  commission. The commission shall annually elect one of its

29  tourism-industry-related members as vice chair, who shall

30  preside in the absence of the chair.

31

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  1         Section 17.  Paragraph (f) of subsection (5) of section

  2  288.1226, Florida Statutes, is amended to read:

  3         288.1226  Florida Tourism Industry Marketing

  4  Corporation; use of property; board of directors; duties;

  5  audit.--

  6         (5)  POWERS AND DUTIES.--The corporation, in the

  7  performance of its duties:

  8         (f)  Shall appoint the president of the Florida Tourism

  9  Industry Marketing Corporation, who shall serve at the

10  pleasure of the Governor. The president is the chief executive

11  officer of the board of directors and of the corporation and

12  shall direct and supervise the affairs of the corporation. The

13  corporation shall elect or appoint such other officers and

14  agents as its affairs shall require and allow them reasonable

15  compensation. No employee of the Florida Tourism Industry

16  Marketing Corporation may receive compensation for employment

17  which exceeds the salary paid to the Governor, unless the

18  board of directors and the employee have executed a contract

19  that prescribes specific, measurable performance outcomes for

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

21  the award of incentive payments that increase the employee's

22  total compensation to a level above the salary paid to the

23  Governor.

24         Section 18.  Subsection (10) is added to section

25  288.1229, Florida Statutes, to read:

26         288.1229  Promotion and development of sports-related

27  industries and amateur athletics; direct-support organization;

28  powers and duties.--

29         (10)  The direct-support organization authorized under

30  this section shall provide an annual report to the Office of

31  Tourism, Trade, and Economic Development on the status of the

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  1  professional golf hall of fame facility certified under s.

  2  288.1168 and the level of attendance and sales tax revenue

  3  associated with the facility as compared to the minimum

  4  projections established at the time the facility was

  5  certified. This report is due within 30 days after the annual

  6  agreement required under s. 288.1168(1). The direct-support

  7  organization also shall provide by October 1 of each year a

  8  report to the Office of Tourism, Trade, and Economic

  9  Development on the status of the International Game Fish

10  Association World Center facility certified under s. 288.1169.

11         Section 19.  Section 288.1251, Florida Statutes, is

12  amended to read:

13         288.1251  Promotion and development of entertainment

14  industry; Governor's Office of the Film and Entertainment

15  Commissioner; creation; purpose; powers and duties.--

16         (1)  CREATION.--

17         (a)  There is hereby created within the Office of

18  Tourism, Trade, and Economic Development the Governor's Office

19  of the Film and Entertainment Commissioner for the purpose of

20  developing, marketing, promoting, and providing services to

21  the state's entertainment industry.

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

23  Development shall conduct a national search for a qualified

24  person to fill the position of Film Commissioner of Film and

25  Entertainment, and the Executive Director of the Office of

26  Tourism, Trade, and Economic Development shall hire the Film

27  commissioner. Guidelines for selection of the Film

28  commissioner shall include, but not be limited to, the Film

29  commissioner having the following:

30

31

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  1         1.  A working knowledge of the equipment, personnel,

  2  financial, and day-to-day production operations of the

  3  industries to be served by the office;

  4         2.  Marketing and promotion experience related to the

  5  industries to be served by the office;

  6         3.  Experience working with a variety of individuals

  7  representing large and small entertainment-related businesses,

  8  industry associations, local community entertainment industry

  9  liaisons, and labor organizations; and

10         4.  Experience working with a variety of state and

11  local governmental agencies.

12         (2)  POWERS AND DUTIES.--

13         (a)  The Governor's Office of the Film and

14  Entertainment Commissioner, in performance of its duties,

15  shall:

16         1.  In consultation with the Florida Film and

17  Entertainment Advisory Council, develop and implement a 5-year

18  strategic plan to guide the activities of the Governor's

19  Office of the Film and Entertainment Commissioner in the areas

20  of entertainment industry development, marketing, promotion,

21  liaison services, field office administration, and

22  information.  The plan, to be developed by no later than June

23  30, 2000, shall:

24         a.  Be annual in construction and ongoing in nature.

25         b.  Include recommendations relating to the

26  organizational structure of the office.

27         c.  Include an annual budget projection for the office

28  for each year of the plan.

29         d.  Include an operational model for the office to use

30  in implementing programs for rural and urban areas designed

31  to:

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  1         (I)  Develop and promote the state's entertainment

  2  industry.

  3         (II)  Have the office serve as a liaison between the

  4  entertainment industry and other state and local governmental

  5  agencies, local film commissions, and labor organizations.

  6         (III)  Gather statistical information related to the

  7  state's entertainment industry.

  8         (IV)  Provide information and service to businesses,

  9  communities, organizations, and individuals engaged in

10  entertainment industry activities.

11         (V)  Administer field offices outside the state and

12  coordinate with regional offices maintained by counties and

13  regions of the state, as described in sub-sub-subparagraph

14  (II), as necessary.

15         e.  Include performance standards and measurable

16  outcomes for the programs to be implemented by the office.

17         f.  Include an assessment of, and make recommendations

18  on, the feasibility of creating an alternative public-private

19  partnership for the purpose of contracting with such a

20  partnership for the administration of the state's

21  entertainment industry promotion, development, marketing, and

22  service programs.

23         2.  Develop, market, and facilitate a smooth working

24  relationship between state agencies and local governments in

25  cooperation with local film commission offices for

26  out-of-state and indigenous entertainment industry production

27  entities.

28         3.  Implement a structured methodology prescribed for

29  coordinating activities of local offices with each other and

30  the commissioner's office.

31

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  1         4.  Represent the state's indigenous entertainment

  2  industry to key decisionmakers within the national and

  3  international entertainment industry, and to state and local

  4  officials.

  5         5.  Prepare an inventory and analysis of the state's

  6  entertainment industry, including, but not limited to,

  7  information on crew, related businesses, support services, job

  8  creation, talent, and economic impact and coordinate with

  9  local offices to develop an information tool for common use.

10         6.  Represent key decisionmakers within the national

11  and international entertainment industry to the indigenous

12  entertainment industry and to state and local officials.

13         7.  Serve as liaison between entertainment industry

14  producers and labor organizations.

15         8.  Identify, solicit, and recruit entertainment

16  production opportunities for the state.

17         9.  Assist rural communities and other small

18  communities in the state in developing the expertise and

19  capacity necessary for such communities to develop, market,

20  promote, and provide services to the state's entertainment

21  industry.

22         (b)  The Governor's Office of the Film and

23  Entertainment Commissioner, in the performance of its duties,

24  may:

25         1.  Conduct or contract for specific promotion and

26  marketing functions, including, but not limited to, production

27  of a statewide directory, production and maintenance of an

28  Internet web site, establishment and maintenance of a

29  toll-free number, organization of trade show participation,

30  and appropriate cooperative marketing opportunities.

31

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  1         2.  Conduct its affairs, carry on its operations,

  2  establish offices, and exercise the powers granted by this act

  3  in any state, territory, district, or possession of the United

  4  States.

  5         3.  Carry out any program of information, special

  6  events, or publicity designed to attract entertainment

  7  industry to Florida.

  8         4.  Develop relationships and leverage resources with

  9  other public and private organizations or groups in their

10  efforts to publicize to the entertainment industry in this

11  state, other states, and other countries the depth of

12  Florida's entertainment industry talent, crew, production

13  companies, production equipment resources, related businesses,

14  and support services, including the establishment of and

15  expenditure for a program of cooperative advertising with

16  these public and private organizations and groups in

17  accordance with the provisions of chapter 120.

18         5.  Provide and arrange for reasonable and necessary

19  promotional items and services for such persons as the office

20  deems proper in connection with the performance of the

21  promotional and other duties of the office.

22         6.  Prepare an annual economic impact analysis on

23  entertainment industry-related activities in the state.

24         7.  Request or accept any grant or gift of funds or

25  property made by this state or by the United States, or any

26  department or agency thereof, or by any individual, firm,

27  corporation, municipality, county, or organization for any or

28  all of the purposes of the Governor's Office of Film and

29  Entertainment which are consistent with this or any other

30  provision of law. The office may expend such funds in

31  accordance with the terms and conditions of any such grant or

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  1  gift, in the pursuit of its administration, or in support of

  2  the programs it administers.

  3         Section 20.  Section 288.1252, Florida Statutes, is

  4  amended to read:

  5         288.1252  Florida Film and Entertainment Advisory

  6  Council; creation; purpose; membership; powers and duties.--

  7         (1)  CREATION.--There is hereby created within the

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

  9  Executive Office of the Governor, for administrative purposes

10  only, the Florida Film and Entertainment Advisory Council.

11         (2)  PURPOSE.--The purpose of the council shall be to

12  serve as an advisory body to the Office of Tourism, Trade, and

13  Economic Development and to the Governor's Office of the Film

14  and Entertainment Commissioner to provide these offices with

15  industry insight and expertise related to developing,

16  marketing, promoting, and providing service to the state's

17  entertainment industry.

18         (3)  MEMBERSHIP.--

19         (a)  The council shall consist of 17 members, seven to

20  be appointed by the Governor, five to be appointed by the

21  President of the Senate, and five to be appointed by the

22  Speaker of the House of Representatives, with the initial

23  appointments being made no later than August 1, 1999.

24         (b)  When making appointments to the council, the

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

26  House of Representatives shall appoint persons who are

27  residents of the state and who are highly knowledgeable of,

28  active in, and recognized leaders in Florida's motion picture,

29  television, video, sound recording, or other entertainment

30  industries. These persons shall include, but not be limited

31  to, representatives of local film commissions, representatives

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  1  of entertainment associations, a representative of the

  2  broadcast industry, representatives of labor organizations in

  3  the entertainment industry, and board chairs, presidents,

  4  chief executive officers, chief operating officers, or persons

  5  of comparable executive position or stature of leading or

  6  otherwise important entertainment industry businesses and

  7  offices.  Council members shall be appointed in such a manner

  8  as to equitably represent the broadest spectrum of the

  9  entertainment industry and geographic areas of the state.

10         (c)  Council members shall serve for 4-year terms,

11  except that the initial terms shall be staggered:

12         1.  The Governor shall appoint one member for a 1-year

13  term, two members for 2-year terms, two members for 3-year

14  terms, and two members for 4-year terms.

15         2.  The President of the Senate shall appoint one

16  member for a 1-year term, one member for a 2-year term, two

17  members for 3-year terms, and one member for a 4-year term.

18         3.  The Speaker of the House of Representatives shall

19  appoint one member for a 1-year term, one member for a 2-year

20  term, two members for 3-year terms, and one member for a

21  4-year term.

22         (d)  Subsequent appointments shall be made by the

23  official who appointed the council member whose expired term

24  is to be filled.

25         (e)  The Film Commissioner of Film and Entertainment, a

26  representative of Enterprise Florida, Inc., and a

27  representative of the Florida Tourism Industry Marketing

28  Corporation shall serve as ex officio, nonvoting members of

29  the council, and shall be in addition to the 17 appointed

30  members of the council.

31

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  1         (f)  Absence from three consecutive meetings shall

  2  result in automatic removal from the council.

  3         (g)  A vacancy on the council shall be filled for the

  4  remainder of the unexpired term by the official who appointed

  5  the vacating member.

  6         (h)  No more than one member of the council may be an

  7  employee of any one company, organization, or association.

  8         (i)  Any member shall be eligible for reappointment but

  9  may not serve more than two consecutive terms.

10         (4)  MEETINGS; ORGANIZATION.--

11         (a)  The council shall meet no less frequently than

12  once each quarter of the calendar year, but may meet more

13  often as set by the council.

14         (b)  The council shall annually elect one member to

15  serve as chair of the council and one member to serve as vice

16  chair.  The Governor's Office of the Film and Entertainment

17  Commissioner shall provide staff assistance to the council,

18  which shall include, but not be limited to, keeping records of

19  the proceedings of the council, and serving as custodian of

20  all books, documents, and papers filed with the council.

21         (c)  A majority of the members of the council shall

22  constitute a quorum.

23         (d)  Members of the council shall serve without

24  compensation, but shall be entitled to reimbursement for per

25  diem and travel expenses in accordance with s. 112.061 while

26  in performance of their duties.

27         (5)  POWERS AND DUTIES.--The Florida Film and

28  Entertainment Advisory Council shall have all the powers

29  necessary or convenient to carry out and effectuate the

30  purposes and provisions of this act, including, but not

31  limited to, the power to:

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  1         (a)  Adopt bylaws for the governance of its affairs and

  2  the conduct of its business.

  3         (b)  Advise and consult with the Governor's Office of

  4  the Film and Entertainment Commissioner on the content,

  5  development, and implementation of the 5-year strategic plan

  6  to guide the activities of the office.

  7         (c)  Review the Film Commissioner's administration by

  8  the Commissioner of Film and Entertainment of the programs

  9  related to the strategic plan, and advise the commissioner on

10  the programs and any changes that might be made to better meet

11  the strategic plan.

12         (d)  Consider and study the needs of the entertainment

13  industry for the purpose of advising the commissioner and the

14  Office of Tourism, Trade, and Economic Development.

15         (e)  Identify and make recommendations on state agency

16  and local government actions that may have an impact on the

17  entertainment industry or that may appear to industry

18  representatives as an official state or local action affecting

19  production in the state.

20         (f)  Consider all matters submitted to it by the

21  commissioner and the Office of Tourism, Trade, and Economic

22  Development.

23         (g)  Advise and consult with the commissioner and the

24  Office of Tourism, Trade, and Economic Development, at their

25  request or upon its own initiative, regarding the

26  promulgation, administration, and enforcement of all laws and

27  rules relating to the entertainment industry.

28         (h)  Suggest policies and practices for the conduct of

29  business by the Governor's Office of the Film and

30  Entertainment Commissioner or by the Office of Tourism, Trade,

31  and Economic Development that will improve internal operations

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  1  affecting the entertainment industry and will enhance the

  2  economic development initiatives of the state for the

  3  industry.

  4         (i)  Appear on its own behalf before boards,

  5  commissions, departments, or other agencies of municipal,

  6  county, or state government, or the Federal Government.

  7         Section 21.  Section 288.1253, Florida Statutes, is

  8  amended to read:

  9         288.1253  Travel and entertainment expenses.--

10         (1)  As used in this section:

11         (a)  "Business client" means any person, other than a

12  state official or state employee, who receives the services of

13  representatives of the Governor's Office of the Film and

14  Entertainment Commissioner in connection with the performance

15  of its statutory duties, including persons or representatives

16  of entertainment industry companies considering location,

17  relocation, or expansion of an entertainment industry business

18  within the state.

19         (b)  "Entertainment expenses" means the actual,

20  necessary, and reasonable costs of providing hospitality for

21  business clients or guests, which costs are defined and

22  prescribed by rules adopted by the Office of Tourism, Trade,

23  and Economic Development, subject to approval by the

24  Comptroller.

25         (c)  "Guest" means a person, other than a state

26  official or state employee, authorized by the Office of

27  Tourism, Trade, and Economic Development to receive the

28  hospitality of the Governor's Office of the Film and

29  Entertainment Commissioner in connection with the performance

30  of its statutory duties.

31

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  1         (d)  "Travel expenses" means the actual, necessary, and

  2  reasonable costs of transportation, meals, lodging, and

  3  incidental expenses normally incurred by a traveler, which

  4  costs are defined and prescribed by rules adopted by the

  5  Office of Tourism, Trade, and Economic Development, subject to

  6  approval by the Comptroller.

  7         (2)  Notwithstanding the provisions of s. 112.061, the

  8  Office of Tourism, Trade, and Economic Development shall adopt

  9  rules by which it may make expenditures by advancement or

10  reimbursement, or a combination thereof, to:

11         (a)  The Governor, the Lieutenant Governor, security

12  staff of the Governor or Lieutenant Governor, the Film

13  Commissioner of Film and Entertainment, or staff of the

14  Governor's Office of the Film and Entertainment Commissioner

15  for travel expenses or entertainment expenses incurred by such

16  individuals solely and exclusively in connection with the

17  performance of the statutory duties of the Governor's Office

18  of the Film and Entertainment Commissioner.

19         (b)  The Governor, the Lieutenant Governor, security

20  staff of the Governor or Lieutenant Governor, the Film

21  Commissioner of Film and Entertainment, or staff of the

22  Governor's Office of the Film and Entertainment Commissioner

23  for travel expenses or entertainment expenses incurred by such

24  individuals on behalf of guests, business clients, or

25  authorized persons as defined in s. 112.061(2)(e) solely and

26  exclusively in connection with the performance of the

27  statutory duties of the Governor's Office of the Film and

28  Entertainment Commissioner.

29         (c)  Third-party vendors for the travel or

30  entertainment expenses of guests, business clients, or

31  authorized persons as defined in s. 112.061(2)(e) incurred

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  1  solely and exclusively while such persons are participating in

  2  activities or events carried out by the Governor's Office of

  3  the Film and Entertainment Commissioner in connection with

  4  that office's statutory duties.

  5

  6  The rules shall be subject to approval by the Comptroller

  7  prior to promulgation.  The rules shall require the submission

  8  of paid receipts, or other proof of expenditure prescribed by

  9  the Comptroller, with any claim for reimbursement and shall

10  require, as a condition for any advancement of funds, an

11  agreement to submit paid receipts or other proof of

12  expenditure and to refund any unused portion of the

13  advancement within 15 days after the expense is incurred or,

14  if the advancement is made in connection with travel, within

15  10 working days after the traveler's return to headquarters.

16  However, with respect to an advancement of funds made solely

17  for travel expenses, the rules may allow paid receipts or

18  other proof of expenditure to be submitted, and any unused

19  portion of the advancement to be refunded, within 10 working

20  days after the traveler's return to headquarters. Operational

21  or promotional advancements, as defined in s. 288.35(4),

22  obtained pursuant to this section shall not be commingled with

23  any other state funds.

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

25  Development shall prepare an annual report of the expenditures

26  of the Governor's Office of the Film and Entertainment

27  Commissioner and provide such report to the Legislature no

28  later than December 30 of each year for the expenditures of

29  the previous fiscal year. The report shall consist of a

30  summary of all travel, entertainment, and incidental expenses

31  incurred within the United States and all travel,

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  1  entertainment, and incidental expenses incurred outside the

  2  United States, as well as a summary of all successful projects

  3  that developed from such travel.

  4         (4)  The Governor's Office of the Film and

  5  Entertainment Commissioner and its employees and

  6  representatives, when authorized, may accept and use

  7  complimentary travel, accommodations, meeting space, meals,

  8  equipment, transportation, and any other goods or services

  9  necessary for or beneficial to the performance of the office's

10  duties and purposes, so long as such acceptance or use is not

11  in conflict with part III of chapter 112.  The Office of

12  Tourism, Trade, and Economic Development shall, by rule,

13  develop internal controls to ensure that such goods or

14  services accepted or used pursuant to this subsection are

15  limited to those that will assist solely and exclusively in

16  the furtherance of the office's goals and are in compliance

17  with part III of chapter 112.

18         (5)  Any claim submitted under this section shall not

19  be required to be sworn to before a notary public or other

20  officer authorized to administer oaths, but any claim

21  authorized or required to be made under any provision of this

22  section shall contain a statement that the expenses were

23  actually incurred as necessary travel or entertainment

24  expenses in the performance of official duties of the

25  Governor's Office of the Film and Entertainment Commissioner

26  and shall be verified by written declaration that it is true

27  and correct as to every material matter.  Any person who

28  willfully makes and subscribes to any claim which he or she

29  does not believe to be true and correct as to every material

30  matter or who willfully aids or assists in, procures, or

31  counsels or advises with respect to, the preparation or

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  1  presentation of a claim pursuant to this section that is

  2  fraudulent or false as to any material matter, whether or not

  3  such falsity or fraud is with the knowledge or consent of the

  4  person authorized or required to present the claim, commits a

  5  misdemeanor of the second degree, punishable as provided in s.

  6  775.082 or s. 775.083. Whoever receives an advancement or

  7  reimbursement by means of a false claim is civilly liable, in

  8  the amount of the overpayment, for the reimbursement of the

  9  public fund from which the claim was paid.

10         Section 22.  Subsections (2), (7), and (11) of section

11  288.901, Florida Statutes, are amended to read:

12         288.901  Enterprise Florida, Inc.; creation;

13  membership; organization; meetings; disclosure.--

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

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

16  in Leon County. The Department of Management Services may

17  establish a lease agreement program under which Enterprise

18  Florida, Inc., may hire any individual who, as of June 30,

19  1996, is employed by the Department of Commerce or who, as of

20  January 1, 1997, is employed by the Executive Office of the

21  Governor and has responsibilities specifically in support of

22  the Workforce Development Board established under s. 288.9952

23  s. 288.9620. Under such agreement, the employee shall retain

24  his or her status as a state employee but shall work under the

25  direct supervision of Enterprise Florida, Inc. Retention of

26  state employee status shall include the right to participate

27  in the Florida Retirement System. The Department of Management

28  Services shall establish the terms and conditions of such

29  lease agreements.

30         (7)  The Governor or the Governor's designee, who must

31  be from the public sector, shall serve as chairperson of the

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  1  board of directors.  The board of directors shall biennially

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

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

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

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

  6  board of directors, and the official seal of Enterprise

  7  Florida, Inc.

  8         (11)  Notwithstanding the provisions of subsection (3),

  9  the board of directors may by resolution appoint at-large

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

11  serve a 1-year term.  At-large members shall not have voting

12  authority, nor may they have the powers and duties of other

13  members of the board, except that they may not serve on an

14  executive committee.  An at-large member is eligible for

15  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 appointees under

18  subsection (3).

19         Section 23.  Subsection (2) of section 288.9015,

20  Florida Statutes, is amended to read:

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

22         (2)  It shall be the responsibility of Enterprise

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

24  communities and distressed urban communities as locations for

25  potential new investment, to aggressively assist in the

26  retention and expansion of existing businesses in these

27  communities, and to aggressively assist these communities in

28  the identification and development of new economic development

29  opportunities for job creation. Enterprise Florida, Inc.,

30  shall use and promote existing state programs to facilitate

31  the location of new investment, the retention and expansion of

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  1  existing businesses, and the identification and development of

  2  new economic development opportunities for job creation. Such

  3  programs include, but are not limited to: the Community

  4  Contribution Tax Credit Program, as provided in ss. 220.183

  5  and 624.5105; the Urban High-Crime Area Job Tax Credit Program

  6  as provided in ss. 212.097 and 220.1895; the Rural Job Tax

  7  Credit Program as provided in ss. 212.098 and 220.1895; and

  8  the state incentives available in enterprise zones as provided

  9  in s. 290.007.

10         Section 24.  Section 288.980, Florida Statutes, is

11  amended to read:

12         288.980  Military base retention; legislative intent;

13  grants program.--

14         (1)(a)  It is the intent of this state to provide the

15  necessary means to assist communities with military

16  installations that would be adversely affected by federal base

17  realignment or closure actions. It is further the intent to

18  encourage communities to initiate a coordinated program of

19  response and plan of action in advance of future actions of

20  the federal Base Realignment and Closure Commission. It is

21  critical that closure-vulnerable communities develop such a

22  program to preserve affected military installations. The

23  Legislature hereby recognizes that the state needs to

24  coordinate all efforts that can facilitate the retention of

25  all remaining military installations in the state. The

26  Legislature, therefore, declares that providing such

27  assistance to support the defense-related initiatives within

28  this section is a public purpose for which public money may be

29  used.

30         (b)  The Florida Defense Alliance, an organization

31  within Enterprise Florida, is designated as the organization

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  1  to ensure that Florida, its resident military bases and

  2  missions, and its military host communities are in competitive

  3  positions as the United States continues its defense

  4  realignment and downsizing. The defense alliance shall serve

  5  as an overall advisory body for Enterprise Florida

  6  defense-related activity. The Florida Defense Alliance may

  7  receive funding from appropriations made for that purpose to

  8  administered by the Office of Tourism, Trade, and Economic

  9  Development and administered by Enterprise Florida, Inc.

10         (2)(a)  The Office of Tourism, Trade, and Economic

11  Development is authorized to award grants based upon the

12  recommendation of Enterprise Florida, Inc., and for

13  administration by Enterprise Florida, Inc., from any funds

14  available to it to support activities related to the retention

15  of military installations potentially affected by federal base

16  closure or realignment.

17         (b)  The term "activities" as used in this section

18  means studies, presentations, analyses, plans, and modeling.

19  Staff salaries are not considered an "activity" for which

20  grant funds may be awarded. Travel costs and costs incidental

21  thereto incurred by a grant recipient shall be considered an

22  "activity" for which grant funds may be awarded.

23         (c)  Except for grants issued pursuant to the Florida

24  Military Installation Reuse Planning and Marketing Grant

25  Program as described in paragraph (3)(c), the amount of any

26  grant provided to an applicant may not exceed $250,000. In

27  making recommendations to the Office of Tourism, Trade, and

28  Economic Development, Enterprise Florida, Inc., shall require

29  that an applicant:

30

31

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  1         1.  Represent a local government with a military

  2  installation or military installations that could be adversely

  3  affected by federal base realignment or closure.

  4         2.  Agree to match at least 30 percent of any grant

  5  awarded.

  6         3.  Prepare a coordinated program or plan of action

  7  delineating how the eligible project will be administered and

  8  accomplished.

  9         4.  Provide documentation describing the potential for

10  realignment or closure of a military installation located in

11  the applicant's community and the adverse impacts such

12  realignment or closure will have on the applicant's community.

13         (d)  In making recommendations for grant awards,

14  Enterprise Florida, Inc., the office shall consider, at a

15  minimum, the following factors:

16         1.  The relative value of the particular military

17  installation in terms of its importance to the local and state

18  economy relative to other military installations vulnerable to

19  closure.

20         2.  The potential job displacement within the local

21  community should the military installation be closed.

22         3.  The potential adverse impact on industries and

23  technologies which service the military installation.

24         (3)  The Florida Economic Reinvestment Initiative is

25  established to respond to the need for this state and

26  defense-dependent communities in this state to develop

27  alternative economic diversification strategies to lessen

28  reliance on national defense dollars in the wake of base

29  closures and reduced federal defense expenditures and the need

30  to formulate specific base reuse plans and identify any

31  specific infrastructure needed to facilitate reuse. The

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  1  initiative shall consist of the following three distinct grant

  2  programs to be administered by Enterprise Florida, Inc. the

  3  Office of Tourism, Trade, and Economic Development:

  4         (a)  The Florida Defense Planning Grant Program,

  5  through which funds shall be used to analyze the extent to

  6  which the state is dependent on defense dollars and defense

  7  infrastructure and prepare alternative economic development

  8  strategies.  The state shall work in conjunction with

  9  defense-dependent communities in developing strategies and

10  approaches that will help communities make the transition from

11  a defense economy to a nondefense economy. Grant awards may

12  not exceed $250,000 per applicant and shall be available on a

13  competitive basis.

14         (b)  The Florida Defense Implementation Grant Program,

15  through which funds shall be made available to

16  defense-dependent communities to implement the diversification

17  strategies developed pursuant to paragraph (a). Eligible

18  applicants include defense-dependent counties and cities, and

19  local economic development councils located within such

20  communities.  Grant awards may not exceed $100,000 per

21  applicant and shall be available on a competitive basis.

22  Awards shall be matched on a one-to-one basis.

23         (c)  The Florida Military Installation Reuse Planning

24  and Marketing Grant Program, through which funds shall be used

25  to help counties, cities, and local economic development

26  councils develop and implement plans for the reuse of closed

27  or realigned military installations, including any necessary

28  infrastructure improvements needed to facilitate reuse and

29  related marketing activities.

30

31

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  1  Applications for grants under this subsection must include a

  2  coordinated program of work or plan of action delineating how

  3  the eligible project will be administered and accomplished,

  4  which must include a plan for ensuring close cooperation

  5  between civilian and military authorities in the conduct of

  6  the funded activities and a plan for public involvement. The

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

  8  Development shall make the final decision on all grant awards.

  9         (4)(a)  The Defense-Related Business Adjustment Program

10  is hereby created.  Enterprise Florida, Inc., The Director of

11  the Office of Tourism, Trade, and Economic Development shall

12  coordinate the development of the Defense-Related Business

13  Adjustment Program.  Funds shall be available to assist

14  defense-related companies in the creation of increased

15  commercial technology development through investments in

16  technology.  Such technology must have a direct impact on

17  critical state needs for the purpose of generating

18  investment-grade technologies and encouraging the partnership

19  of the private sector and government defense-related business

20  adjustment.  The following areas shall receive precedence in

21  consideration for funding commercial technology development:

22  law enforcement or corrections, environmental protection,

23  transportation, education, and health care.  Travel and costs

24  incidental thereto, and staff salaries, are not considered an

25  "activity" for which grant funds may be awarded.

26         (b)  In making recommendations to the Office of

27  Tourism, Trade, and Economic Development for grant awards,

28  Enterprise Florida, Inc., The office shall require that an

29  applicant:

30

31

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  1         1.  Be a defense-related business that could be

  2  adversely affected by federal base realignment or closure or

  3  reduced defense expenditures.

  4         2.  Agree to match at least 50 percent of any funds

  5  awarded by the department in cash or in-kind services.  Such

  6  match shall be directly related to activities for which the

  7  funds are being sought.

  8         3.  Prepare a coordinated program or plan delineating

  9  how the funds will be administered.

10         4.  Provide documentation describing how

11  defense-related realignment or closure will adversely impact

12  defense-related companies.

13         (5)  The Retention of Military Installations Program is

14  created. The Director of the Office of Tourism, Trade, and

15  Economic Development shall coordinate and implement this

16  program. The sum of $1.2 million is appropriated from the

17  General Revenue Fund for fiscal year 1999-2000 to the Office

18  of Tourism, Trade, and Economic Development to implement this

19  program for military installations located in counties with a

20  population greater than 824,000. The funds shall be used to

21  assist military installations potentially affected by federal

22  base closure or realignment in covering current operating

23  costs in an effort to retain the installation in this state.

24  An eligible military installation for this program shall

25  include a provider of simulation solutions for war-fighting

26  experimentation, testing, and training which employs at least

27  500 civilian and military employees and has been operating in

28  the state for a period of more than 10 years.

29         (6)  The director of the Office of Tourism, Trade, and

30  Economic Development may award nonfederal matching funds

31  specifically appropriated for construction, maintenance, and

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  1  analysis of a Florida defense workforce database. Such funds

  2  will be used to create a registry of worker skills that can be

  3  used to match the worker needs of companies that are

  4  relocating to this state or to assist workers in relocating to

  5  other areas within this state where similar or related

  6  employment is available.

  7         (7)  Payment of administrative expenses shall be

  8  limited to no more than 10 percent of any grants issued

  9  pursuant to this section.

10         (8)  Enterprise Florida, Inc., The Office of Tourism,

11  Trade, and Economic Development shall develop establish

12  guidelines to implement and carry out the purpose and intent

13  of this section. The Office of Tourism, Trade, and Economic

14  Development must approve the guidelines before their

15  implementation.

16         Section 25.  Subsections (7), (8), and (12), paragraph

17  (h) of subsection (10), and paragraph (b) of subsection (14)

18  of section 288.99, Florida Statutes, are amended to read:

19         288.99  Certified Capital Company Act.--

20         (7)  ANNUAL TAX CREDIT; MAXIMUM AMOUNT; ALLOCATION

21  PROCESS.--

22         (a)  The total amount of tax credits which may be

23  allocated by the office or the department shall not exceed

24  $150 million. The total amount of tax credits which may be

25  used by certified investors under this act shall not exceed

26  $15 million annually.

27         (b)  The office shall be responsible for allocating

28  premium tax credits as provided for in this act to certified

29  capital companies.

30         (c)  Each certified capital company must apply to the

31  office for an allocation of premium tax credits for potential

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  1  certified investors by March 15, 1999, on a form developed by

  2  the office with the cooperation of the Department of Revenue.

  3  The form shall be accompanied by an affidavit from each

  4  potential certified investor confirming that the potential

  5  certified investor has agreed to make an investment of

  6  certified capital in a certified capital company up to a

  7  specified amount, subject only to the receipt of a premium tax

  8  credit allocation pursuant to this subsection. No allocation

  9  shall be made to the potential investors of a certified

10  capital company unless such certified capital company has

11  filed premium tax allocation claims that would result in an

12  allocation to the potential investors in such certified

13  capital company of not less than $15 million in the aggregate.

14         (d)  On or before April 1, 1999, the office shall

15  inform each certified capital company of its share of total

16  premium tax credits available for allocation to each of its

17  potential investors.

18         (e)  If a certified capital company does not receive

19  certified capital equaling the amount of premium tax credits

20  allocated to a potential certified investor for which the

21  investor filed a premium tax allocation claim within 10

22  business days after the investor received a notice of

23  allocation, the certified capital company shall notify the

24  department office by overnight common carrier delivery service

25  of the company's failure to receive the capital.  That portion

26  of the premium tax credits allocated to the certified capital

27  company shall be forfeited.  If the department office must

28  make a pro rata allocation under paragraph (f), the department

29  office shall reallocate such available credits among the other

30  certified capital companies on the same pro rata basis as the

31  initial allocation.

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  1         (f)  If the total amount of capital committed by all

  2  certified investors to certified capital companies in premium

  3  tax allocation claims exceeds the aggregate cap on the amount

  4  of credits that may be awarded, the premium tax credits that

  5  may be allowed to any one certified investor shall be

  6  allocated using the following ratio:

  7

  8                       A/B = X/$150,000,000

  9

10  where the letter "A" represents the total amount of certified

11  capital certified investors have agreed to invest in any one

12  certified capital company, the letter "B" represents the

13  aggregate amount of certified capital that all certified

14  investors have agreed to invest in all certified capital

15  companies, the letter "X" is the numerator and represents the

16  total amount of premium tax credits and certified capital that

17  may be allocated to a certified capital company in calendar

18  year 1999, and $150 million is the denominator and represents

19  the total amount of premium tax credits and certified capital

20  that may be allocated to all certified investors in calendar

21  year 1999. Any such premium tax credits are not first

22  available for utilization until annual filings are made in

23  2001 for calendar year 2000, and the tax credits may be used

24  at a rate not to exceed 10 percent annually.

25         (g)  The maximum amount of certified capital for which

26  premium tax allocation claims may be filed on behalf of any

27  certified investor and its affiliates by one or more certified

28  companies may not exceed $15 million.

29         (h)  To the extent that less than $150 million in

30  certified capital is raised in connection with the procedure

31  set forth in paragraphs (c)-(g), the department may adopt

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  1  rules to allow a subsequent allocation of the remaining

  2  premium tax credits authorized under this section.

  3         (8)  ANNUAL TAX CREDIT; CLAIM PROCESS.--

  4         (a)  On an annual basis, on or before December 31, each

  5  certified capital company shall file with the department and

  6  the office, in consultation with the department, on a form

  7  prescribed by the department office, for each calendar year:

  8         1.  The total dollar amount the certified capital

  9  company received from certified investors, the identity of the

10  certified investors, and the amount received from each

11  certified investor during the calendar year.

12         2.  The total dollar amount the certified capital

13  company invested and the amount invested in qualified

14  businesses, together with the identity and location of those

15  businesses and the amount invested in each qualified business.

16         3.  For informational purposes only, the total number

17  of permanent, full-time jobs either created or retained by the

18  qualified business during the calendar year, the average wage

19  of the jobs created or retained, the industry sectors in which

20  the qualified businesses operate, and any additional capital

21  invested in qualified businesses from sources other than

22  certified capital companies.

23         (b)  The form shall be verified by one or more

24  principals of the certified capital company submitting the

25  form.  Verification shall be accomplished as provided in s.

26  92.525(1)(b) and subject to the provisions of s. 92.525(3).

27         (c)  The department office shall review the form, and

28  any supplemental documentation, submitted by each certified

29  capital company for the purpose of verifying:

30         1.  That the businesses in which certified capital has

31  been invested by the certified capital company are in fact

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  1  qualified businesses, and that the amount of certified capital

  2  invested by the certified capital company is as represented in

  3  the form.

  4         2.  The amount of certified capital invested in the

  5  certified capital company by the certified investors.

  6         3.  The amount of premium tax credit available to

  7  certified investors.

  8         (d)  The Department of Revenue is authorized to audit

  9  and examine the accounts, books, or records of certified

10  capital companies and certified investors for the purpose of

11  ascertaining the correctness of any report and financial

12  return which has been filed, and to ascertain a certified

13  capital company's compliance with the tax-related provisions

14  of this act.

15         (e)  This subsection shall take effect January 1, 1999.

16         (10)  DECERTIFICATION.--

17         (h)  The department office shall send written notice to

18  the address of each certified investor whose premium tax

19  credit has been subject to recapture or forfeiture, using the

20  address last shown on the last premium tax filing.

21         (12)  REPORTING REQUIREMENTS.--The department office

22  shall report annually on an annual basis to the Governor, the

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

24  Representatives on or before April 1:

25         (a)  The total dollar amount each certified capital

26  company received from all certified investors and any other

27  investor, the identity of the certified investors, and the

28  total amount of premium tax credit used by each certified

29  investor for the previous calendar year.

30         (b)  The total dollar amount invested by each certified

31  capital company and that portion invested in qualified

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  1  businesses, the identity and location of those businesses, the

  2  amount invested in each qualified business, and the total

  3  number of permanent, full-time jobs created or retained by

  4  each qualified business.

  5         (c)  The return for the state as a result of the

  6  certified capital company investments, including the extent to

  7  which:

  8         1.  Certified capital company investments have

  9  contributed to employment growth.

10         2.  The wage level of businesses in which certified

11  capital companies have invested exceed the average wage for

12  the county in which the jobs are located.

13         3.  The investments of the certified capital companies

14  in qualified businesses have contributed to expanding or

15  diversifying the economic base of the state.

16         (14)  RULEMAKING AUTHORITY.--

17         (b)  The department office may adopt any rules

18  necessary to carry out its duties, obligations, and powers

19  related to the administration, review, and reporting

20  provisions of this section and may perform any other acts

21  necessary for the proper administration and enforcement of

22  such duties, obligations, and powers.

23         Section 26.  Section 290.004, Florida Statutes, is

24  amended to read:

25         290.004  Definitions.--As used in ss. 290.001-290.016:

26         (1)  "Community investment corporation" means a black

27  business investment corporation, a certified development

28  corporation, a small business investment corporation, or other

29  similar entity incorporated under Florida law that has limited

30  its investment policy to making investments solely in minority

31  business enterprises.

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  1         (2)  "Department" means the Department of Commerce.

  2         (2)(3)  "Director" means the director of the Office of

  3  Tourism, Trade, and Economic Development.

  4         (3)(4)  "Governing body" means the council or other

  5  legislative body charged with governing the county or

  6  municipality.

  7         (4)(5)  "Interagency coordinating council" means the

  8  Enterprise Zone Interagency Coordinating Council created

  9  pursuant to s. 290.009.

10         (5)(6)  "Minority business enterprise" has the same

11  meaning as in s. 288.703.

12         (6)(7)  "Office" means the Office of Tourism, Trade,

13  and Economic Development.

14         (7)  "Rural enterprise zone" means an enterprise zone

15  that is nominated by a county having a population of 75,000 or

16  fewer, or a county having a population of 100,000 or fewer

17  which is contiguous to a county having a population of 75,000

18  or fewer, or by a municipality in such a county, or by such a

19  county and one or more municipalities. An enterprise zone

20  designated in accordance with s. 370.28 shall be considered a

21  rural enterprise zone.

22         (8)  "Secretary" means the Secretary of Commerce.

23         (8)(9)  "Small business" has the same meaning as in s.

24  288.703.

25         Section 27.  Subsections (11) and (12) of section

26  290.0056, Florida Statutes, are amended to read:

27         290.0056  Enterprise zone development agency.--

28         (11)  Prior to December 1 of each year, the agency

29  shall submit to Enterprise Florida, Inc., the Office of

30  Tourism, Trade, and Economic Development a complete and

31  detailed written report setting forth:

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  1         (a)  Its operations and accomplishments during the

  2  fiscal year.

  3         (b)  The accomplishments and progress concerning the

  4  implementation of the strategic plan.

  5         (c)  The number and type of businesses assisted by the

  6  agency during the fiscal year.

  7         (d)  The number of jobs created within the enterprise

  8  zone during the fiscal year.

  9         (e)  The usage and revenue impact of state and local

10  incentives granted during the calendar year.

11         (f)  Any other information required by Enterprise

12  Florida, Inc. the office.

13         (12)  In the event that the nominated area selected by

14  the governing body is not designated a state enterprise zone,

15  the governing body may dissolve the agency after receiving

16  notification from the department or the office that the area

17  was not designated as an enterprise zone.

18         Section 28.  Subsection (5) of section 290.0058,

19  Florida Statutes, is amended to read:

20         290.0058  Tests of pervasive poverty, unemployment, and

21  general distress.--

22         (5)  In making the calculations required by this

23  section, the local government and Enterprise Florida, Inc.,

24  the department shall round all fractional percentages of

25  one-half percent or more up to the next highest whole

26  percentage figure.

27         Section 29.  Subsections (1), (4), (5), (6), (7), and

28  (9) of section 290.0065, Florida Statutes, are amended to

29  read:

30         290.0065  State designation of enterprise zones.--

31

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  1         (1)  Upon application to Enterprise Florida, Inc., of

  2  the governing body of a county or municipality or of a county

  3  and one or more municipalities jointly pursuant to s.

  4  290.0055, Enterprise Florida, Inc. the department, in

  5  consultation with the interagency coordinating council, shall

  6  determine which areas nominated by such governing bodies meet

  7  the criteria outlined in s. 290.0055 and are the most

  8  appropriate for recommendation to the director of the Office

  9  of Tourism, Trade, and Economic Development for designation as

10  state enterprise zones. The office department is authorized to

11  designate up to 5 areas within each of the categories

12  established in subparagraphs (3)(a)1., 2., 3., 4., and 5.,

13  except that the office department may only designate a total

14  of 20 areas as enterprise zones. The office department shall

15  not designate more than three enterprise zones in any one

16  county. All designations, including any provision for

17  redesignations, of state enterprise zones pursuant to this

18  section shall be effective July 1, 1995.

19         (4)(a)  Notwithstanding s. 290.0055, any area existing

20  as a state enterprise zone as of the effective date of this

21  section and originally approved through a joint application

22  from a county and municipality, or through an application from

23  a county as defined in s. 125.011(1), shall be redesignated as

24  a state enterprise zone upon the creation of an enterprise

25  zone development agency pursuant to s. 290.0056 and the

26  completion of a strategic plan pursuant to s. 290.0057.  Any

27  area redesignated pursuant to this subsection, other than an

28  area located in a county defined in s. 125.011(1), may be

29  relocated or modified by the appropriate governmental bodies.

30  Such relocation or modification shall be identified in the

31  strategic plan and shall meet the requirements for designation

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  1  as established by s. 290.005. Any relocation or modification

  2  shall be submitted on or before June 1, 1996.

  3         (b)  The office department shall place any area

  4  designated as a state enterprise zone pursuant to this

  5  subsection in the appropriate category established in

  6  subsection (3), and include such designations within the

  7  limitations on state enterprise zone designations set out in

  8  subsection (1).

  9         (c)  Any county or municipality having jurisdiction

10  over an area designated as a state enterprise zone pursuant to

11  this subsection, other than a county defined by s. 125.011(1),

12  may not apply for designation of another area.

13         (5)  Notwithstanding s. 290.0055, an area designated as

14  a federal empowerment zone or enterprise community pursuant to

15  Title XIII of the Omnibus Budget Reconciliation Act of 1993,

16  the Taxpayer Relief Act of 1997, or the 1999 Agricultural

17  Appropriations Act shall be designated a state enterprise zone

18  as follows:

19         (a)  An area designated as an urban empowerment zone or

20  urban enterprise community pursuant to Title XIII of the

21  Omnibus Budget Reconciliation Act of 1993 or the Taxpayer

22  Relief Act of 1997 shall be designated a state enterprise zone

23  by the office department upon completion of the requirements

24  set out in paragraph (d), except in the case of a county as

25  defined in s. 125.011(1) which, notwithstanding s. 290.0055,

26  may incorporate and include such designated urban empowerment

27  zone or urban enterprise community areas within the boundaries

28  of its state enterprise zones without any limitation as to

29  size.

30         (b)  An area designated as a rural empowerment zone or

31  rural enterprise community pursuant to Title XIII of the

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  1  Omnibus Budget Reconciliation Act of 1993 or the 1999

  2  Agricultural Appropriations Act shall be designated a state

  3  enterprise zone by the office department upon completion of

  4  the requirements set out in paragraph (d).

  5         (c)  Any county or municipality having jurisdiction

  6  over an area designated as a state enterprise zone pursuant to

  7  this subsection, other than a county defined in s. 125.011(1),

  8  may not apply for designation of another area.

  9         (d)  Prior to recommending that the office designate

10  designating such areas as state enterprise zones, Enterprise

11  Florida, Inc., the department shall ensure that the governing

12  body having jurisdiction over the zone submits the strategic

13  plan required pursuant to 7 C.F.R. part 25 or 24 C.F.R. part

14  597 to Enterprise Florida, Inc. the department, and creates an

15  enterprise zone development agency pursuant to s. 290.0056.

16         (e)  The office department shall place any area

17  designated as a state enterprise zone pursuant to this

18  subsection in the appropriate category established in

19  subsection (3), and include such designations within the

20  limitations on state enterprise zone designations set out in

21  subsection (1).

22         (6)(a)  The office department, in consultation with

23  Enterprise Florida, Inc., and the interagency coordinating

24  council, may develop guidelines shall promulgate any rules

25  necessary for the approval of areas under this section by the

26  director secretary.

27         (b)  Such guidelines may rules shall provide for the

28  measurement of pervasive poverty, unemployment, and general

29  distress using the criteria outlined by s. 290.0058.

30         (c)  Such guidelines may rules shall provide for the

31  evaluation of the strategic plan and local fiscal and

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  1  regulatory incentives for effectiveness, including how the

  2  following key principles will be implemented by the governing

  3  body or bodies:

  4         1.  Economic opportunity, including job creation within

  5  the community and throughout the region, as well as

  6  entrepreneurial initiatives, small business expansion, and

  7  training for jobs that offer upward mobility.

  8         2.  Sustainable community development that advances the

  9  creation of livable and vibrant communities through

10  comprehensive approaches that coordinate economic, physical,

11  community, and human development.

12         3.  Community-based partnerships involving the

13  participation of all segments of the community.

14         4.  Strategic vision for change that identifies how the

15  community will be revitalized. This vision should include

16  methods for building on community assets and coordinate a

17  response to community needs in a comprehensive fashion. This

18  vision should provide goals and performance benchmarks for

19  measuring progress and establish a framework for evaluating

20  and adjusting the strategic plan.

21         5.  Local fiscal and regulatory incentives enacted

22  pursuant to s. 290.0057(1)(e). These incentives should induce

23  economic revitalization, including job creation and small

24  business expansion.

25         (d)  Such guidelines may rules shall provide methods

26  for evaluating the prospects for new investment and economic

27  development in the area, including a review and evaluation of

28  any previous state enterprise zones located in the area.

29         (7)  Upon approval by the director secretary of a

30  resolution authorizing an area to be an enterprise zone

31  pursuant to this section, the office department shall assign a

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  1  unique identifying number to that resolution. The office

  2  department shall provide the Department of Revenue and

  3  Enterprise Florida, Inc., with a copy of each resolution

  4  approved, together with its identifying number.

  5         (9)  Upon recommendation by Enterprise Florida, Inc.,

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

  7  amend the boundaries of any enterprise zone designated by the

  8  state pursuant to this section, consistent with the

  9  categories, criteria, and limitations imposed in this section

10  upon the establishment of such enterprise zone and only if

11  consistent with the determinations made in s. 290.0058(2).

12         Section 30.  Subsection (1) of section 290.0066,

13  Florida Statutes, is amended to read:

14         290.0066  Revocation of enterprise zone designation.--

15         (1)  Upon recommendation by Enterprise Florida, Inc.,

16  the director may revoke the designation of an enterprise zone

17  if Enterprise Florida, Inc., the director determines that the

18  governing body or bodies:

19         (a)  Have failed to make progress in achieving the

20  benchmarks set forth in the strategic plan; or

21         (b)  Have not complied substantially with the strategic

22  plan.

23         Section 31.  Section 290.00675, Florida Statutes, is

24  amended to read:

25         290.00675  Amendment of certain enterprise zone

26  boundaries.--Notwithstanding any other provisions of law, upon

27  recommendation by Enterprise Florida, Inc., the Office of

28  Tourism, Trade, and Economic Development may amend the

29  boundaries of an area designated as an enterprise zone in a

30  community having a population of 235,000 persons but less than

31  245,000, so long as the area does not increase the overall

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  1  size of the zone by greater than 25 acres and the increased

  2  area is contiguous to the existing enterprise zone. The

  3  amendment must also be consistent with the limitations imposed

  4  by s. 290.0055 upon establishment of the enterprise zone.

  5         Section 32.  Section 290.00676, Florida Statutes, is

  6  created to read:

  7         290.00676  Amendment of rural enterprise zone

  8  boundaries.--Notwithstanding any other provision of law, upon

  9  recommendation by Enterprise Florida, Inc., the Office of

10  Tourism, Trade, and Economic Development may amend the

11  boundaries of a rural enterprise zone. For purposes of

12  boundary amendments, an enterprise zone designated under s.

13  370.28 shall be considered a rural enterprise zone and is

14  eligible for amendment of its boundaries. Boundary amendments

15  authorized by this section are subject to the following

16  requirements:

17         (1)  The amendment may increase the size of the rural

18  enterprise zone to 15 square miles.

19         (2)  The amendment may increase the number of

20  noncontiguous areas by one, if that noncontiguous area has

21  zero population. For purposes of this subsection, the

22  pervasive poverty criteria may be set aside for the addition

23  of a noncontiguous parcel.

24         (3)  The local enterprise zone development agency must

25  request the amendment from Enterprise Florida, Inc., prior to

26  December 30, 2000. The request must contain maps and

27  sufficient information to allow the office to determine the

28  number of noncontiguous areas and the total size of the rural

29  enterprise zone.

30         Section 33.  Section 290.00677, Florida Statutes, is

31  created to read:

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  1         290.00677  Rural enterprise zones; special

  2  qualifications.--

  3         (1)  Notwithstanding the enterprise zone residency

  4  requirements set out in ss. 212.096(1)(c) and 220.03(1)(q),

  5  businesses located in rural enterprise zones may receive the

  6  credit provided under s. 212.096 or s. 220.181 for hiring any

  7  person within the jurisdiction of a rural county, as defined

  8  by s. 288.106(2)(r). All other provisions of ss. 212.096,

  9  220.03(1)(q), and 220.181 apply to such businesses.

10         (2)  Notwithstanding the requirement specified in ss.

11  212.08(5)(g)5., (5)(h)5., and (15)(a), 212.096(2)(b)1.,

12  220.181(1)(a)1., and 220.182(1)(b) that no less than 20

13  percent of a business's employees, excluding temporary and

14  part-time employees, must be residents of an enterprise zone

15  for the business to qualify for the maximum exemption or

16  credit provided in ss. 212.08(5)(g) and (h) and (15),

17  212.096(2)(b)1., 220.181(1)(a)1., and 220.182, a business that

18  is located in a rural enterprise zone shall be qualified for

19  those maximum exemptions or credits if no less than 20 percent

20  of such employees of the business are residents of a rural

21  county, as defined by s. 288.106(2)(r). All other provisions

22  of ss. 212.08(5)(g) and (h) and (15), 212.096, 220.181, and

23  220.182 apply to such business.

24         (3)  Notwithstanding the time limitations contained in

25  chapters 212 and 220, a business eligible to receive tax

26  credits under this section from January 1, 2000, to June 1,

27  2000, must submit an application for the tax credits by

28  December 1, 2000. All other requirements of the enterprise

29  zone program apply to such a business.

30         Section 34.  Section 290.00689, Florida Statutes, is

31  amended to read:

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  1         290.00689  Designation of enterprise zone pilot project

  2  area.--

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

  4  Development shall designate one pilot project area within one

  5  state enterprise zone. The Office of Tourism, Trade, and

  6  Economic Development shall select a pilot project area by July

  7  1, 1999, which meets the following qualifications:

  8         (a)  The area is contained within an enterprise zone

  9  that is composed of one contiguous area and is placed in the

10  category delineated in s. 290.0065(3)(a)1.

11         (b)  The local government having jurisdiction over the

12  enterprise zone grants economic development ad valorem tax

13  exemptions in the enterprise zone pursuant to s. 196.1995, and

14  electrical energy public service tax exemptions pursuant to s.

15  166.231(8).

16         (c)  The local government having jurisdiction over the

17  enterprise zone has developed a plan for revitalizing the

18  pilot project area or for revitalizing an area within the

19  enterprise zone that contains the pilot project area, and has

20  committed at least $5 million to redevelop an area including

21  the pilot project area.

22         (d)  The pilot project area is contiguous and is

23  limited to no more than 70 acres, or equivalent square miles,

24  to avoid a dilution of additional state assistance and

25  effectively concentrate these additional resources on

26  revitalizing the acute area of economic distress.

27         (e)  The pilot project area contains a diverse cluster

28  or grouping of facilities or space for a mix of retail,

29  restaurant, or service related businesses necessary to an

30  overall revitalization of surrounding neighborhoods through

31

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  1  community involvement, investment, and enhancement of

  2  employment markets.

  3         (2)(a)  Beginning December 1, 1999, no more than four

  4  businesses located within the pilot project area are eligible

  5  for a credit against any tax due for a taxable year under

  6  chapters 212 and 220.

  7         (b)  The credit shall be computed as $5,000 times the

  8  number of full-time employees of the business and $2,500 times

  9  the number of part-time employees of the business. For

10  purposes of this section, a person shall be deemed to be

11  employed by such a business on a full-time basis if the person

12  performs duties in connection with the operations of the

13  business for an average of at least 36 hours per week each

14  month, or on a part-time basis if the person is performing

15  such duties for an average of at least 20 hours per week each

16  month throughout the year. The person must be performing such

17  duties at a business site located in the pilot project area.

18         (c)  The total amount of tax credits that may be

19  granted under this section is $1 million annually. In the

20  event Enterprise Florida, Inc., the Office of Tourism, Trade,

21  and Economic Development receives applications that total more

22  than $1 million in any year, the director shall prorate the

23  amount of tax credit each applicant is eligible to receive to

24  ensure that all eligible applicants receive a tax credit.

25         (d)  In order to be eligible to apply to Enterprise

26  Florida, Inc., the Office of Tourism, Trade, and Economic

27  Development for tax credits under this section a business

28  must:

29         1.  Have entered into a contract with the developer of

30  the diverse cluster or grouping of facilities or space located

31

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  1  in the pilot project area, governing lease of commercial space

  2  in a facility.

  3         2.  Have commenced operations in the facility after

  4  July 1, 1999, and before July 1, 2000.

  5         3.  Be a business predominantly engaged in activities

  6  usually provided for consideration by firms classified under

  7  the Standard Industrial Classification Manual Industry Number

  8  5311, Industry Number 5399, or Industry Number 7832.

  9         (e)  All applications for the granting of the tax

10  credits allowed under this section shall require the prior

11  review and recommendation of Enterprise Florida, Inc., and

12  approval of the director of the Office of Tourism, Trade, and

13  Economic Development. At the recommendation of Enterprise

14  Florida, Inc., the director shall establish one submittal date

15  each year for the receipt of applications for such tax

16  credits.

17         (f)  Any business wishing to receive tax credits

18  pursuant to this section must submit an application to

19  Enterprise Florida, Inc., the Office of Tourism, Trade, and

20  Economic Development which sets forth the business name and

21  address and the number of employees of the business.

22         (g)  Upon the recommendation of Enterprise Florida,

23  Inc., the decision of the director shall be in writing, and,

24  if approved, the application shall state the maximum credits

25  allowable to the business. A copy of the decision shall be

26  transmitted to Enterprise Florida, Inc., and to the executive

27  director of the Department of Revenue, who shall apply such

28  credits to the tax liabilities of the business firm.

29         (h)  If any credit granted pursuant to this section is

30  not fully used in any one year because of insufficient tax

31

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  1  liability on the part of the business, the unused amount may

  2  be carried forward for a period not to exceed 5 years.

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

  4  Development is authorized to adopt all rules necessary to

  5  administer this section, including rules for the approval or

  6  disapproval of applications for tax incentives by businesses.

  7         (3)(4)  The Department of Revenue shall adopt any rules

  8  necessary to ensure the orderly implementation and

  9  administration of this section.

10         (4)(5)  For purposes of this section, "business" and

11  "taxable year" shall have the same meaning as in s. 220.03.

12         (5)(6)  Prior to the 2004 Regular Session of the

13  Legislature, the Office of Program Policy Analysis and

14  Government Accountability shall review and evaluate the

15  effectiveness and viability of the pilot project area created

16  under this section, using the research design prescribed

17  pursuant to s. 290.015. The office shall specifically evaluate

18  whether relief from certain taxes induced new investment and

19  development in the area; increased the number of jobs created

20  or retained in the area; induced the renovation,

21  rehabilitation, restoration, improvement, or new construction

22  of businesses or housing within the area; and contributed to

23  the economic viability and profitability of business and

24  commerce located within the area. The office shall submit a

25  report of its findings and recommendations to the Speaker of

26  the House of Representatives and the President of the Senate

27  no later than January 15, 2004.

28         (6)(7)  This section shall stand repealed on June 30,

29  2010, and any designation made pursuant to this section shall

30  be revoked on that date.

31

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  1         Section 35.  Section 290.00694, Florida Statutes, is

  2  created to read:

  3         290.00694  Enterprise zone designation for rural

  4  champion communities.--An area designated as a rural champion

  5  community pursuant to the Taxpayer Relief Act of 1997 may

  6  apply to Enterprise Florida, Inc., for designation as an

  7  enterprise zone. The application must be submitted by December

  8  31, 2000, and must comply with the requirements of s.

  9  290.0055. Notwithstanding the provisions of s. 290.0065

10  limiting the total number of enterprise zones designated and

11  the number of enterprise zones within a population category,

12  the Office of Tourism, Trade, and Economic Development upon

13  recommendation of Enterprise  Florida, Inc., may designate

14  enterprise zones under this section. The Office of Tourism,

15  Trade, and Economic Development shall establish the initial

16  effective date of the enterprise zones designated pursuant to

17  this section.

18         Section 36.  Section 290.009, Florida Statutes, is

19  amended to read:

20         290.009  Enterprise Zone Interagency Coordinating

21  Council.--

22         (1)  There is created within the Office of Tourism,

23  Trade, and Economic Development the Enterprise Zone

24  Interagency Coordinating Council. The council shall be

25  composed of the secretaries or executive directors, or their

26  designees, of the Department of Community Affairs, the Office

27  of Tourism, Trade, and Economic Development, the Department of

28  Children and Family Services, the Department of Health, the

29  Department of Juvenile Justice, the Department of Labor and

30  Employment Security, the Department of State, the Department

31  of Transportation, the Department of Environmental Protection,

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  1  the Department of Law Enforcement, and the Department of

  2  Revenue; the Attorney General or his or her designee; and the

  3  executive directors or their designees of the Florida

  4  Community College System, the Florida Black Business

  5  Investment Board, and the Florida State Rural Development

  6  Council. Enterprise Florida, Inc., shall serve as staff to the

  7  council.

  8         (2)  The purpose of the council is to:

  9         (a)  Advise Enterprise Florida, Inc., and the office in

10  planning, developing, implementing, and performing evaluation

11  and reporting activities related to the Florida Enterprise

12  Zone Act of 1994.

13         (b)  Assist in the evaluation and review of enterprise

14  zone designation applications pursuant to s. 290.0065.

15         (c)  Assist in the selection of designated enterprise

16  zones for participation in the enterprise zone linked deposit

17  program pursuant to s. 290.0075.

18         (d)  Encourage state agencies to administer programs in

19  a manner that supports the purposes of this act and the goals

20  and objectives of strategic enterprise zone development plans

21  prepared by local governments.

22         (3)  The director of the office or his or her designee

23  shall serve as the chair of the council.

24         Section 37.  Section 290.014, Florida Statutes, is

25  amended to read:

26         290.014  Annual reports on enterprise zones.--

27         (1)  By February 1 of each year, the Department of

28  Revenue shall submit an annual report to Enterprise Florida,

29  Inc., the Office of Tourism, Trade, and Economic Development

30  detailing the usage and revenue impact by county of the state

31  incentives listed in s. 290.007.

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  1         (2)  By March 1 of each year, Enterprise Florida, Inc.,

  2  the office shall submit an annual report to the Governor, the

  3  Speaker of the House of Representatives, and the President of

  4  the Senate, and the director of the Office of Tourism, Trade,

  5  and Economic Development. The report shall include the

  6  information provided by the Department of Revenue pursuant to

  7  subsection (1) and the information provided by enterprise zone

  8  development agencies pursuant to s. 290.0056. In addition, the

  9  report shall include an analysis of the activities and

10  accomplishments of each enterprise zone, and any additional

11  information prescribed pursuant to s. 290.015.

12         Section 38.  Subsection (2) of section 290.046, Florida

13  Statutes, is amended to read:

14         290.046  Applications for grants; procedures;

15  requirements.--

16         (2)(a)  Except as provided in paragraph (c), each

17  eligible local government may submit an application for a

18  grant under either the housing program category or the

19  neighborhood revitalization program category during each

20  annual funding cycle.  An applicant may not receive more than

21  one grant in any state fiscal year from any of the following

22  categories:  housing, neighborhood revitalization, or

23  commercial revitalization.

24         (b)  Except as provided in paragraph (c), each eligible

25  local government may apply during each up to three times in

26  any one annual funding cycle for grants a grant under the

27  economic development program category but shall receive

28  cumulative awards no more than the applicable grant ceiling

29  established by the department one such grant per annual

30  funding cycle under s. 290.047(2).  Applications for grants

31  under the economic development program category may be

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  1  submitted at any time during the annual funding cycle, and

  2  such grants shall be awarded no less frequently than three

  3  times per funding cycle. The department shall establish

  4  minimum criteria pertaining to the number of jobs created for

  5  persons of low or moderate income, the degree of private

  6  sector financial commitment, and the economic feasibility of

  7  the proposed project and shall establish any other criteria

  8  the department deems appropriate.  Assistance to a private,

  9  for-profit business may not be provided from a grant award

10  unless sufficient evidence exists to demonstrate that without

11  such public assistance the creation or retention of such jobs

12  would not occur.

13         (c)1.  Local governments with an open housing,

14  neighborhood revitalization, or commercial revitalization

15  contract shall not be eligible to apply for another housing,

16  neighborhood revitalization, or commercial revitalization

17  grant until administrative closeout of their existing

18  contract. The department shall notify a local government of

19  administrative closeout or of any outstanding closeout issues

20  within 45 days of receipt of a closeout package from the local

21  government.  Local governments with an open housing,

22  neighborhood revitalization, or commercial revitalization

23  community development block grant contract whose activities

24  are on schedule in accordance with the expenditure rates and

25  accomplishments described in the contract may apply for an

26  economic development grant.

27         2.  Local governments with an open economic development

28  community development block grant contract or contracts whose

29  activities are on schedule in accordance with the expenditure

30  rates and accomplishments described in the contract or

31  contracts may apply for a housing or neighborhood

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  1  revitalization and a commercial revitalization community

  2  development block grant.  Local governments with an open

  3  economic development contract or contracts whose activities

  4  are on schedule in accordance with the expenditure rates and

  5  accomplishments described in the contract or contracts may

  6  receive no more than one additional economic development

  7  grants grant in each fiscal year subject to the grant ceilings

  8  established by the department under s. 290.047.

  9         (d)  Beginning October 1, 1988, the department shall

10  award no grant until the department has determined, based upon

11  a site visit, that the proposed area matches and adheres to

12  the written description contained within the applicant's

13  request.  If, based upon review of the application or a site

14  visit, the department determines that any information provided

15  in the application which affects eligibility or scoring has

16  been misrepresented, the applicant's request shall be rejected

17  by the department pursuant to s. 290.0475(7).  Mathematical

18  errors in applications which may be discovered and corrected

19  by readily computing available numbers or formulas provided in

20  the application shall not be a basis for such rejection.

21         Section 39.  Subsection (6) of section 373.4149,

22  Florida Statutes, is amended to read:

23         373.4149  Miami-Dade County Lake Belt Plan.--

24         (6)  The Miami-Dade County Lake Belt Plan

25  Implementation Committee shall be appointed by the governing

26  board of the South Florida Water Management District to

27  develop a strategy for the design and implementation of the

28  Miami-Dade County Lake Belt Plan. The committee shall consist

29  of the chair of the governing board of the South Florida Water

30  Management District, who shall serve as chair of the

31  committee, the policy director of Environmental and Growth

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  1  Management in the office of the Governor, the secretary of the

  2  Department of Environmental Protection, the director of the

  3  Division of Water Facilities or its successor division within

  4  the Department of Environmental Protection, the director of

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

  6  the office of the Governor, the secretary of the Department of

  7  Community Affairs, the executive director of the Game and

  8  Freshwater Fish Commission, the director of the Department of

  9  Environmental Resource Management of Miami-Dade County, the

10  director of the Miami-Dade County Water and Sewer Department,

11  the Director of Planning in Miami-Dade County, a

12  representative of the Friends of the Everglades, a

13  representative of the Florida Audubon Society, a

14  representative of the Florida chapter of the Sierra Club, four

15  representatives of the nonmining private landowners within the

16  Miami-Dade County Lake Belt Area, and four representatives

17  from the limestone mining industry to be appointed by the

18  governing board of the South Florida Water Management

19  District. Two ex officio seats on the committee will be filled

20  by one member of the Florida House of Representatives to be

21  selected by the Speaker of the House of Representatives from

22  among representatives whose districts, or some portion of

23  whose districts, are included within the geographical scope of

24  the committee as described in subsection (3), and one member

25  of the Florida Senate to be selected by the President of the

26  Senate from among senators whose districts, or some portion of

27  whose districts, are included within the geographical scope of

28  the committee as described in subsection (3).  The committee

29  may appoint other ex officio members, as needed, by a majority

30  vote of all committee members.  A committee member may

31

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  1  designate in writing an alternate member who, in the member's

  2  absence, may participate and vote in committee meetings.

  3         Section 40.  The Institute of Food and Agricultural

  4  Sciences at the University of Florida is authorized to enter

  5  into contracts with the U.S. Department of Agriculture and may

  6  receive grants of money to support the Florida State Rural

  7  Development Council.

  8         Section 41.  The Workforce Development Board of

  9  Enterprise Florida, Inc., shall develop, in consultation with

10  the State Board of Community Colleges and the Division of

11  Workforce Development of the Department of Education, a policy

12  authorizing the placement of Workforce Investment Act clients

13  and other training program clients in self-employment as a

14  means job placement. Notwithstanding any other provision of

15  law, such policy shall define the conditions necessary,

16  including documentation of income, for self-employment to

17  qualify as job placement for Workforce Investment Act programs

18  and Workforce Development Education Fund programs.

19         Section 42.  Extraordinary economic development

20  opportunities and threats; responsibilities of the Office of

21  Tourism, Trade, and Economic Development and Enterprise

22  Florida, Inc.; creation of Economic Development Leadership

23  Council.--

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

25  Development, in conjunction with Enterprise Florida, Inc.,

26  shall establish a unit within the office responsible for

27  forecasting extraordinary economic development opportunities

28  and extraordinary economic development threats with the

29  potential to affect significantly the economy of the state.

30  The unit also shall be responsible for coordinating

31  development and implementation of an action plan to address,

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  1  in a proactive manner, such opportunities or threats. The unit

  2  shall be composed of staff members from the office and from

  3  Enterprise Florida, Inc., who are designated by the director

  4  of the office and the president of Enterprise Florida, Inc.

  5         (2)  For the purposes of this section, the term

  6  "extraordinary economic development opportunity" includes an

  7  economic development project, whether associated with the

  8  expansion of an existing business in the state or the location

  9  of a new business to the state, which has the potential to

10  result in the creation of at least 500 jobs in the state or a

11  cumulative investment in the state of at least $100 million.

12  The term "extraordinary economic development threat" includes

13  the potential loss of at least 500 jobs in the state because

14  of the reorganization, closure, or relocation out of the state

15  by an existing business in the state.

16         (3)  Duties of the forecast unit in the Office of

17  Tourism, Trade, and Economic Development shall include, but is

18  not limited to:

19         (a)  Analyzing market conditions for business sectors

20  that are strategically important to the state economy;

21         (b)  Monitoring economic development activities in

22  other states which have the potential to affect this state;

23         (c)  Reviewing and understanding trade publications for

24  business sectors that are strategically important to the state

25  economy;

26         (d)  Identifying private-sector points of contact

27  inside and outside the state which can provide the unit with

28  expertise and insights on matters affecting business sectors

29  that are strategically important to the state economy;

30

31

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  1         (e)  Preparing contingency plans to enable the state to

  2  respond rapidly and effectively to extraordinary economic

  3  development opportunities or threats;

  4         (f)  Documenting lessons learned from extraordinary

  5  economic development opportunities and threats once they have

  6  occurred; and

  7         (g)  Working with local and regional economic

  8  development organizations to forecast extraordinary economic

  9  development opportunities and threats.

10         (4)  There is created the Economic Development

11  Leadership Council, which shall be responsible for providing

12  state leadership in response to an extraordinary economic

13  development opportunity or an extraordinary economic

14  development threat.

15         (a)  The council shall be composed of the following

16  members;

17         1.  The Governor;

18         2.  The President of the Senate;

19         3.  The Speaker of the House of Representatives;

20         4.  The director of the Office of Tourism, Trade, and

21  Economic Development; and

22         5.  The president of Enterprise Florida, Inc.

23         (b)  The council shall convene at the recommendation of

24  the director of the Office of Tourism, Trade, and Economic

25  Development. Staff of the forecast unit within the office

26  shall serve as staff to the council. The forecast unit within

27  the office shall inform the council about the extraordinary

28  economic development opportunity or threat and shall seek the

29  advice of the council members on development and

30  implementation of a plan of action to address the opportunity

31  or threat. Staff of the forecast unit shall maintain the

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  1  confidentiality provided under section 288.075, Florida

  2  Statutes.

  3         (5)  By January 31, 2001, the Office of Tourism, Trade,

  4  and Economic Development, in conjunction with Enterprise

  5  Florida, Inc., shall submit a report to the Governor, the

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

  7  Representatives which includes specific recommendations for

  8  vesting the Economic Development Leadership Council with

  9  powers to respond to an extraordinary economic development

10  opportunity or an extraordinary economic development threat.

11         Section 43.  Toolkit for Economic Development.--

12         (1)  LEGISLATIVE INTENT.--The Legislature finds that

13  the state has numerous economically distressed communities

14  with a high proportion of needy families who are current or

15  former recipients of public assistance or who are at risk of

16  becoming dependent upon public assistance. The Legislature

17  also finds that the existence of safe and strong communities

18  with prosperous economies is crucial to reduce dependence on

19  public assistance and to promote employment retention and

20  self-sufficiency. It is the intent of the Legislature to

21  reduce reliance on public assistance, to promote employment

22  retention, and to increase self-sufficiency by providing

23  easily accessed and useable tools that support local

24  initiatives that create economically prosperous communities

25  for needy families.

26         (2)  CREATION; PURPOSE.--There is created a program to

27  be known as the "Toolkit for Economic Development," the

28  purpose of which is to enable economically distressed

29  communities to access easily, and use effectively, federal and

30  state tools to improve conditions in the communities and

31

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  1  thereby help needy families in the communities avoid public

  2  assistance, retain employment, and become self-sufficient.

  3         (3)  DEFINITIONS.--For the purposes of this section, a

  4  community is "economically distressed" if the community is

  5  experiencing conditions affecting its economic viability and

  6  hampering the self-sufficiency of its residents, including,

  7  but not limited to, low per capita income, low property

  8  values, high unemployment, high under-employment, low weekly

  9  wages compared to the state average, low housing values

10  compared to the state average, high percentage of the

11  population receiving public assistance, high poverty levels

12  compared to the state average, high percentage of needy

13  families, and a lack of year-round stable employment

14  opportunities.

15         (4)  LIAISONS.--

16         (a)  By August 1, 2000, the head of each of the

17  following agencies or organizations shall designate a

18  high-level staff person from within the agency or organization

19  to serve as a liaison to this program:

20         1.  Office of Tourism, Trade, and Economic Development;

21         2.  Office of Urban Opportunity;

22         3.  Department of Community Affairs;

23         4.  Department of Law Enforcement;

24         5.  Department of Juvenile Justice;

25         6.  Department of Transportation;

26         7.  Department of Environmental Protection;

27         8.  Department of Agriculture and Consumer Services;

28         9.  Department of State;

29         10.  Department of Health;

30         11.  Department of Children and Family Services;

31         12.  Department of Corrections;

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  1         13.  Department of Labor and Employment Security;

  2         14.  Department of Education;

  3         15.  Department of Military Affairs;

  4         16.  Fish and Wildlife Conservation Commission;

  5         17.  Florida Housing Finance Corporation;

  6         18.  Florida State Rural Development Council;

  7         19.  Institute of Food and Agricultural Sciences;

  8         20.  Florida Tourism Industry Marketing Corporation;

  9         21.  Keep Florida Beautiful, Inc.;

10         22.  Enterprise Florida, Inc.;

11         23.  Workforce Development Board of Enterprise Florida,

12  Inc.;

13         24.  Executive Office of the Governor; and

14         25.  Any other agencies or organizations as determined

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

16         (b)  An alternate for each designee shall also be

17  chosen, and the names of the designees and alternates shall be

18  sent to the Office of Tourism, Trade, and Economic

19  Development, which shall convene the liaisons as necessary.

20         (c)  Each liaison must have a comprehensive knowledge

21  of the functions, whether regulatory or service-based, of his

22  or her agency or organization. The liaison shall be the

23  primary contact for the agency or organization for the Toolkit

24  for Economic Development, assisting in expediting proposal

25  review, resolving problems, promoting flexible assistance, and

26  identifying opportunities for support within the agency or

27  organization.

28         (d)  As deemed necessary by the Office of Tourism,

29  Trade, and Economic Development, liaisons shall review

30  proposals from economically distressed communities to

31  determine if they would be properly referred or submitted to

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  1  their agencies or organizations. If such referral and

  2  submittal is appropriate, the liaison shall then assist the

  3  community as an ombudsman.

  4         (e)  The liaisons shall work at the request of the

  5  Office of Tourism, Trade, and Economic Development to review

  6  statutes and rules for their adverse effects on economically

  7  distressed communities and to develop alternative proposals to

  8  mitigate these effects.

  9         (f)  Liaisons shall review their agencies' or

10  organizations' evaluation and scoring procedures for grant,

11  loan, and aid programs to ensure that economically distressed

12  communities are not unfairly disadvantaged, hampered, or

13  handicapped in competing for awards because of community

14  economic hardship. If they are, new evaluation criteria and

15  scoring procedures shall be considered that recognize

16  disproportionate requirements which an application process

17  makes of a community that lacks the resources of other more

18  prosperous communities. The evaluation criteria should weight

19  contribution in proportion to the amount of resources

20  available at the local level.

21         (g)  Annually, the Office of Tourism, Trade, and

22  Economic Development shall report to the Governor and the head

23  of each agency or organization on the work and accomplishments

24  of the liaisons, recommending commendation or compensation.

25         (5)  COORDINATING PARTNERS.--The liaisons from the

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

27  of Urban Opportunity, the Department of Community Affairs,

28  Enterprise Florida, Inc., and the Workforce Development Board

29  of Enterprise Florida, Inc., shall serve as the coordinating

30  partners of the Toolkit for Economic Development and act as an

31  executive committee for the liaisons. The coordinating

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  1  partners shall review any request from a Front Porch Community

  2  and shall provide whatever assistance that this section can

  3  afford to them.

  4         (6)  FEE WAIVERS AND MATCHING-FUNDS

  5  OPTIONS.--Notwithstanding any other provision of law, an

  6  agency or organization shall waive permit processing fees for

  7  an economically distressed community and any state-required

  8  matching funds requirements at the request of the coordinating

  9  partners. In addition, in-kind matches shall be allowed and

10  applied as matching funds at the request of the coordinating

11  partners. Fee reductions or waivers must be requested on the

12  basis of fiscal hardship or need for a particular project or

13  activity. The coordinating partners must unanimously endorse

14  each request to an agency or organization. Any other funds

15  appropriated and available to the coordinating partners may be

16  used to meet matching funds requirements or fees for federal,

17  state, or foundation application requirements.

18         (7)  INVENTORY.--The coordinating partners shall

19  develop, in consultation with the liaisons, an inventory of

20  recommended federal and state tax credits, incentives,

21  inducements, programs, opportunities, demonstrations or pilot

22  programs, grants, and other resources available through the

23  agencies and organizations which could assist economically

24  distressed communities. Each entry in the inventory must

25  include a summary; a contact person; a simple description of

26  the application process and a timetable; a profile of funding

27  awards and funds availability; and a complexity ranking. The

28  inventory shall be organized into seven categories, including:

29         (a)  Leadership.--Entries that promote the skills and

30  capacities of local leaders, volunteers, organizations, and

31  employees that work on other categories of the inventory.

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  1  These entries shall include, for example, grants;

  2  scholarships; Individual Training Accounts; Retention

  3  Incentive Training Account programs; and other programs that

  4  build the resident capacity to create a better community.

  5  These entries shall include educational-based institutes that

  6  can assist with research, consulting, technical assistance,

  7  capacity building, training, and program assistance to

  8  communities.

  9         (b)  Safety.--Entries that increase safety and reduce

10  crime. These entries shall include, for example, the training

11  and employment of public safety employees and volunteers;

12  establishing safer businesses and neighborhoods; training

13  residents in safety practices; organizing safety networks and

14  cooperatives; improving lighting; improving the safety of

15  homes, buildings, and streets; and providing for community

16  police and safety projects, including those designed to

17  protect youth in the community. Other entries may be included

18  that reinforce community and local law enforcement.

19         (c)  Clean Up.--Entries that support clean up and

20  enhancement projects that quickly create visible improvements

21  in neighborhoods, including the demolition of drug havens and

22  abandoned buildings. These entries shall include, for example,

23  projects that plan, design, or implement clean up strategies;

24  main street redevelopment; and renovation projects. These

25  entries may also include planning and implementation for

26  larger neighborhood revitalization and economic development

27  projects.

28         (d)  Business.--Entries that support small business

29  development, including, for example, attraction of national

30  franchises; micro-loans; guaranteed commercial loans;

31  technical assistance; self-employment; linked deposit; loan

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  1  loss reserves; business incubators; and other activities that

  2  support the market economy.

  3         (e)  Schools.--Entries that upgrade schools through

  4  repair or renovation, as well as training and employment

  5  entries to assist with school transportation, services, and

  6  security. These entries shall include, for example, programs

  7  that enable school-based childcare; before, after, and summer

  8  school programs; programs that broaden the use of school

  9  facilities as a hub and haven within the community;

10  scholarships; and grant programs that assist families and

11  individuals to complete and enhance their education.

12         (f)  Partners.--Entries that provide tax credits,

13  incentives, and other inducements to businesses that

14  contribute to community projects, such as the community

15  contribution tax credit under sections 220.183 and 624.5105,

16  Florida Statutes. These entries shall include any programs

17  that help raise federal or foundation grant funds.

18         (g)  Redevelopment.--Entries that support the planning,

19  preparation, construction, marketing, and financing of

20  residential, mixed-use, and commercial redevelopment, as well

21  as residential and business infrastructure projects. These

22  entries shall include the workforce development programs that

23  influence business decisions such as the Quick-Response

24  Training Program and Quick-Response Training Program for Work

25  and Gain Economic Self-sufficiency (WAGES) participants.

26         (8)  START-UP INITIATIVE.--

27         (a)  Subject to legislative appropriation and the

28  provisions of this act, the Start-Up Initiative is created to

29  promote the use of the inventory, to boost a community's

30  efforts, and to ensure that federal funds do not go unexpended

31  or unobligated, or are not returned to federal agencies.

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  1         (b)  The coordinating partners, in consultation with

  2  the liaisons, local economic development organizations, and

  3  regional workforce development boards, shall identify 15

  4  communities, seven of which must be from the state's seven

  5  largest counties, three of which must be from rural counties,

  6  and five of which must be from other counties in the state.

  7  These communities must be compact, congruent, and contiguous

  8  census tracts that have high concentrations of needy families

  9  who are current, former, or likely recipients of public

10  assistance. To the maximum extent possible, these communities

11  should coincide with federal empowerment zones, enterprise

12  zones established under chapter 290 or chapter 370, Florida

13  Statutes, Neighborhood Improvement Districts established under

14  chapter 163, Florida Statutes, community redevelopment areas

15  established under chapter 163, Florida Statutes, and Urban

16  High Crime Areas or Rural Job Tax Credit Areas established

17  under chapter 212, Florida Statutes. The coordinating partners

18  must contract with an independent entity to certify that these

19  15 communities comply with the requirements of this section.

20         (c)  The coordinating partners shall solicit proposals

21  from Front Porch Advisory Committees, community-based

22  organizations, local governments, and neighborhood

23  associations located in the communities identified in

24  paragraph (b) and Front Porch Communities. The coordinating

25  partners shall provide each applicant with the inventory and

26  recommendations on proposals that can be funded.

27         (d)  Communities may prepare a proposal to access and

28  use various entries from the inventory which will launch or

29  boost their economic development efforts. Proposals must be no

30  more than 20 pages long and include:

31

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  1         1.  A brief description of how the community would use

  2  entries from the inventory in the community's economic

  3  development strategy;

  4         2.  Specific evidence of community support for the

  5  proposal from community-based organizations, local government,

  6  regional workforce development boards, and local economic

  7  development organizations;

  8         3.  Identification and commitment of local resources

  9  for the proposal from community-based organizations, local

10  government, regional workforce development boards, and local

11  economic development organizations;

12         4.  Identification of the specific entity or person

13  responsible for coordinating the community's proposal; and

14         5.  Identification of a local fiscal entity for

15  contracting, administration, and accountability.

16         (e)  The coordinating partners shall appoint a liaison

17  to assist each community with the proposal and its

18  implementation, if awarded. These liaisons shall have the

19  assistance of the Executive Office of the Governor, the

20  agencies of state government, and their employees. If a state

21  employee is not able to assist a liaison because of state law

22  or regulation, the liaison shall notify the coordinating

23  partners and the Office of Program Policy Analysis and

24  Government Accountability concerning the impasse and develop a

25  strategy to resolve such impasse. Upon a written request of a

26  liaison, the Governor may, by executive order or emergency

27  rule, address a regulatory or procedural impasse, enabling

28  prompt implementation of a community's proposal, if awarded.

29         (f)  The coordinating partners shall design an

30  impartial and competitive proposal-review process and

31  evaluation criteria. Based on the evaluation criteria, up to

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  1  nine communities shall be designated to participate in the

  2  Start Up Initiative. Once a community is designated, the

  3  coordinating partners and the community's liaison will work to

  4  finalize the proposal, including the addition of funding

  5  sources for each inventory entry. The finalized proposal shall

  6  serve as the contract between the community and the Start-Up

  7  Initiative. If sufficient funding does not exist for an entry

  8  that is essential for the community's proposal or a community

  9  is ineligible for a specific inventory entry, the coordinating

10  partners may direct funding that is under their control to

11  fulfill the entry or may seek additional funding for the entry

12  as provided in this section. The proposal must be operational

13  within 3 months after approval.

14         (g)  Proposals that would mainly result in

15  gentrification of the community, that would not employ a

16  preponderance of residents, and that predominately create

17  residences or businesses that are beyond the anticipated

18  income level of the working residents of the community are not

19  eligible. Proposal awards shall be obligated to the community

20  and the funds carried forward until the completion of the

21  proposal. Such obligated and carried forward funds are

22  considered appropriated for budgeting purposes notwithstanding

23  any other provision in law. The coordinating partners may

24  direct funding that is appropriated to their control to fund

25  this initiative and, if necessary, may seek budget amendments

26  to redirect funding to this initiative. Any federal Temporary

27  Assistance for Needy Families (TANF) Block Grant funding

28  appropriated to assist needy families, or to promote job

29  placement and employment retention, which is in excess of

30  revenues necessary to fulfill the appropriated purpose and

31  which may not be obligated during the budget year may be

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  1  redirected to this initiative to support an approved proposal.

  2  Any federal funds must be used for purposes consistent with

  3  applicable federal law; however, the coordinating partners,

  4  with the assistance of the Department of Children and Family

  5  Services, shall aggressively pursue innovative uses of federal

  6  funds to support projects that train community leaders,

  7  upgrade individuals skills, promote safety, clean up

  8  communities, beautify neighborhoods, encourage small business,

  9  stimulate employment, increase educational opportunity,

10  promote community partnering, advance community redevelopment,

11  and upgrade housing because it assists needy families,

12  promoting self-sufficiency and job retention. The coordinating

13  partners shall adopt procedures for the Start-Up Initiative

14  and may, if necessary, adopt, through the Department of

15  Community Affairs, emergency rules to govern the submission of

16  proposals, the evaluation of proposals, the initiative awards,

17  and the implementation procedures for administration of

18  awards.

19         (9)  LIFELINES.--Annually, the coordinating partners

20  may recommend to agencies or organizations five lifelines for

21  specific communities. Such lifelines shall indicate that, in

22  the unanimous judgment of the coordinating partners, a

23  proposal submitted to the head of an agency or organization

24  will have a transforming positive impact on the economically

25  distressed community. The head of the agency or organization

26  may, based on his or her concurrence with the recommendation

27  and after consultation with the Governor, the President of the

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

29  recommend approval of the proposal to the Cabinet. The Cabinet

30  may, notwithstanding any other law or regulation, approve the

31  proposal. Any such lifeline recommendations and approvals must

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  1  be adopted in a public meeting, and all records, documents,

  2  and contacts relating to that project will be assembled and

  3  available to the public at the meetings. No community shall be

  4  eligible or receive a second lifeline recommendation.

  5         (10)  FUNDING.--

  6         (a)  To implement the provisions of this act, the

  7  coordinating partners are authorized and appropriated up to

  8  $25 million from Temporary Assistance for Needy Families

  9  (TANF) Block Grant through the TANF administrative entity at

10  the Department of Management Services.

11         (b)  Any expenditure from the TANF Block Grant shall be

12  in accordance with the requirements and limitations of Title

13  IV of the Social Security Act, as amended, or any other

14  applicable federal requirement or limitation in law. Prior to

15  any expenditure of such funds, the Workforce Development Board

16  of Enterprise Florida, Inc., and the secretary of the

17  Department of Children and Family Services, or his or her

18  designee, shall certify that controls are in place to ensure

19  that such funds are expended and reported in accordance with

20  the requirements and limitations of federal law. It shall be

21  the responsibility of any entity to which funds are awarded to

22  obtain the required certification prior to any expenditure of

23  funds.

24         (11)  MONITORING AND REPORTING.--

25         (a)  The independent entity selected by the

26  coordinating partners shall certify performance by the

27  designated communities identified under subsection (8) for the

28  Start-Up Initiative. This independent entity shall also

29  identify three other similar communities to serve as a control

30  group to compare performance and impact. The independent

31  entity must measure performance trends and impact in the three

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  1  control group communities, the six communities that applied

  2  for the Start-Up Initiative but were not selected, and the

  3  communities selected to participate in the Start-Up

  4  Initiative. The three control group communities shall be known

  5  only to the independent entity until the completion of the

  6  entity's review. The independent entity shall develop, working

  7  with the Office of Program Policy Analysis and Government

  8  Accountability and the coordinating partners, measures and

  9  criteria by October 1, 2001, for evaluating the effectiveness

10  of the Toolkit for Economic Development including the

11  liaisons, coordinating partners, waivers and matching options,

12  inventory, Start-Up Initiative and lifelines.

13         (12)  EXPIRATION.--This section expires June 30, 2002. 

14         Section 44.  Present subsections (4) through (8) of

15  section 240.311, Florida Statutes, are redesignated as

16  subsections (5) through (9), respectively, and a new

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

18         240.311  State Board of Community Colleges; powers and

19  duties.--

20         (4)  The State Board of Community Colleges shall

21  identify, using the Critical Jobs Initiative, the occupational

22  forecasting process, or any other compatible mechanism, a

23  collection of programs designed to train broadband digital

24  media specialists. Programs identified by the board shall be

25  added to the statewide lists for demand occupations, if they

26  meet the high-skill/high-wage criteria as established by the

27  Workforce Estimating Conference created under s. 216.136(10).

28         Section 45.  Subsection (5) is added to section

29  240.3341, Florida Statutes, to read:

30         240.3341  Incubator facilities for small business

31  concerns.--

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  1         (5)  Community colleges are encouraged to establish

  2  incubator facilities through which emerging small businesses

  3  supportive of the development of content and technology for

  4  digital broadband media and digital broadcasting may be

  5  served.

  6         Section 46.  Section 240.710, Florida Statutes, is

  7  created to read:

  8         240.710 Digital Media Education Coordination Group.--

  9         (1)  The Board of Regents shall create a Digital Media

10  Education Coordination Group composed of representatives of

11  the universities within the State University System which

12  shall work in conjunction with the State Board of Community

13  Colleges and the Articulation Coordinating Committee on the

14  development of a plan to enhance Florida's ability to meet the

15  current and future workforce needs of the digital media

16  industry. The following purposes of the group shall be

17  included in its plan-development process:

18         (a)  Coordination of the use of existing academic

19  programs, research, and faculty resources to promote the

20  development of a digital media industry in Florida;

21         (b)  Addressing strategies to improve opportunities for

22  interdisciplinary study and research within the emerging field

23  of digital media through the development of tracts in existing

24  degree programs, new interdisciplinary degree programs, and

25  interdisciplinary research centers; and

26         (c)  Addressing the sharing of resources among

27  universities in such a way as to allow a student to take

28  courses from multiple departments or multiple educational

29  institutions in pursuit of competency, certification, and

30  degrees in digital information and media technology.

31

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  1         (2)  Where practical, private accredited institutions

  2  of higher learning in Florida should be encouraged to

  3  participate.

  4         (3)  In addition to the elements of the plan governed

  5  by the purposes described in subsection (1), the plan shall

  6  include, to the maximum extent practicable, the coordination

  7  of educational resources to be provided by distance learning

  8  and shall facilitate, to the maximum extent, possible

  9  articulation and transfer of credits between community

10  colleges and the state universities. The plan must address

11  student enrollment in affected programs with emphasis on

12  enrollment beginning as early as the Fall Term in 2001.

13         (4)  The Digital Media Education Coordination Group

14  shall submit its plan to the President of the Senate and the

15  Speaker of the House of Representatives by January 1, 2001.

16         Section 47.  The Workforce Development Board of

17  Enterprise Florida, Inc., should reserve up to $1 million of

18  funds dedicated in Fiscal Year 2000-2001 for Incumbent Worker

19  Training for the digital media industry. Training may be

20  provided by public or private training providers for broadband

21  digital media jobs listed on the Occupational Forecast List

22  developed by the Workforce Estimating Conference or the

23  Targeted Occupations List of the Workforce Development Board.

24  Programs that operate outside the normal semester time periods

25  and coordinate the use of industry and public resources should

26  be given priority status for such reserved funds.

27         Section 48.  The Workforce Development Board of

28  Enterprise Florida, Inc., shall by August 31, 2000, develop a

29  plan for the use of Targeted Assistance to Needy Families

30  funds, Workforce Investment Act funds, Quick Response funds,

31  Incumbent Worker Training funds, and other training-related

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  1  resources to enhance the workforce of digital-media-related

  2  industries.  The plan must provide the industries with a

  3  program to train and assess the status of industry workforce

  4  readiness for the digital era and should be done in

  5  conjunction with the broadcast and cable industries.

  6         Section 49.  There is created in the Office of Tourism,

  7  Trade, and Economic Development within the Executive Office of

  8  the Governor a Digital Media Education Infrastructure Fund for

  9  the purpose of upgrading the quality of media labs associated

10  with university programs, community college programs and other

11  educational resources in order to assist in meeting current

12  and future workforce training needs for the digital media

13  industry.  There is appropriated to the fund from the General

14  Revenue Fund $1 million for fiscal year 2000-2001, to be used

15  for those purposes.  The Office of Tourism, Trade, and

16  Economic Development shall be responsible for contracting with

17  eligible entities for receipt of funds.  Such funds must be

18  spent according to the priorities established by the industry

19  sector group on broadband digital media established by

20  Enterprise Florida, Inc., and must be matched by industry

21  contributions.

22         Section 50.  Enterprise Florida, Inc., shall convene an

23  organizational meeting for industries involved in broadband

24  digital media to organize and facilitate future activities of

25  associated industry groups or facilitate the ongoing

26  activities of a similar group. Enterprise Florida, Inc., shall

27  make all necessary preparations to identify and designate a

28  digital-media sector as part of its sector strategy and

29  identify the sector as a priority recruitment/retention set of

30  industries.

31

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  1         Section 51.  (1)  Enterprise Florida, Inc., shall award

  2  a contract for the establishment of a digital media incubator

  3  to encourage companies developing content and technology for

  4  digital broadband media and digital broadcasting to locate and

  5  develop their businesses in Florida.  Qualifications of an

  6  applicant for a contract as a digital media incubator shall at

  7  a minimum include the following:

  8         (a)  Demonstrated expertise in developing content and

  9  technology for digital broadband media and digital

10  broadcasting;

11         (b)  Demonstrated ability in venture capital

12  fund-raising;

13         (c)  Demonstrated expertise in the development of

14  digital media businesses; and

15         (d)  Demonstrated ability in coordinating public and

16  private educational institutions and business entities in

17  digital technology joint business ventures. The awarding of

18  the contract must follow the procedures outlined in chapter

19  287, Florida Statutes.

20         (2)  There is appropriated the sum of $2 million from

21  the General Revenue Fund to Enterprise Florida, Inc., for the

22  purpose of providing operational and investment seed funding

23  to encourage the financial and strategic participation of

24  venture capital firms, corporate and institutional sponsors,

25  and targeted start-up companies in the establishment of the

26  digital incubator.  Initial state investment in the incubator

27  must be matched with contributions from the industry with

28  participating industry partners, including, but not limited

29  to, venture capitalists, digital media manufacturers, and

30  digital media content providers.

31

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  1         (3)  Maximized leveraging of funds must be a priority

  2  consideration in the location of the digital media incubator.

  3  Consideration must be given to collocation of the incubator

  4  with an existing state of the art media lab or an upgraded or

  5  newly created media lab funded through the Digital Media

  6  Education Infrastructure Fund in the Office of Tourism. Trade,

  7  and Economic Development.

  8         Section 52.  ITFlorida, in consultation with Enterprise

  9  Florida, Inc., shall develop a marketing plan to promote the

10  state as digital-media-friendly, as a digital-media-ready

11  environment, and as a national leader in the development and

12  distribution of broadband digital media content, technology,

13  and education. The marketing plan must identify critical roles

14  for various public and private partners and establish a

15  marketing timeline and goals. The plan must be completed by

16  December 31, 2000.

17         Section 53.  The provisions of this act relating to

18  workforce or economic development for digital media are

19  subject to legislative appropriation.

20         Section 54.  Section 288.039 and paragraph (c) of

21  subsection (3) of section 288.095, Florida Statutes, are

22  repealed.

23         Section 55.  This act shall take effect July 1, 2000.

24

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2548

  3

  4  The committee substitute differs substantially from Senate
    Bill 2548 in that it:
  5
    -Defines the term "rural enterprise zone" and incorporates a
  6  number of provisions into the Enterprise Zone Program statutes
    which are applicable to zones in rural communities, including,
  7  for example, the ability to amend the boundaries of a rural
    enterprise zone and the ability of a business in such a zone
  8  to use newly hired employees who reside within the county as a
    basis for claiming job tax credits. Assigns primary
  9  administration of the Enterprise Zone Program to Enterprise
    Florida, Inc.
10
    -Revises a statute that authorizes the Department of
11  Environmental Protection and water management districts to
    waive project permit fees for certain counties, by expanding
12  the population criteria to 75,000 persons from 50,000, and by
    including a county with a population of 100,000 or less that
13  is contiguous to county with a population of 75,000 or less.

14  -Revises the Rural Economic Development Initiative (REDI) to
    provide that certain communities that do not meet the primary
15  definition of "rural community" may apply to REDI for
    designation and avail themselves of certain rural provisions
16  if they comply with specified conditions.

17  -Revises the Quick Action Closing Fund to expand use of the
    fund to economic development projects involving
18  target-industry businesses and to require provision of
    information on incentives other states are offering the
19  business.

20  -Includes businesses involved in motion picture production and
    allied services, under Standard Industrial Classification 781,
21  within the eligibility criteria for the Urban High-Crime Area
    Job Tax Credit Program and the Rural Area Job Tax Credit
22  Program.

23  -Revises the Capital Investment Tax Credit Program to expand
    eligibility under the program to include target-industry
24  businesses, rather than simply high-impact facilities, and to
    reduce the percentage of tax liability that may be covered by
25  a tax credit under the program.

26  -Eliminates a limitation on the number of economic development
    grants a community may receive under the Small Cities
27  Community Development Block Grant Program, but references a
    cap on the cumulative amount of such awards.
28
    -Directs the Workforce Development Board of Enterprise
29  Florida, Inc., to develop a policy on placing certain training
    participants in self-employment as a form of job placement.
30
    -Establishes a forecast unit within the Office of Tourism,
31  Trade, and Economic Development responsible for identifying
    extraordinary economic development opportunities and threats,
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  1  such as major business relocations or closures, and
    coordinating implementation of action plans to address such
  2  events.

  3  -Creates a program called the "Toolkit for Economic
    Development" under which specified agencies and organizations
  4  are required to appoint liaisons and identify programs of
    assistance to distressed communities, including communities
  5  designated under the Governor's Front Porch Florida
    Initiative.
  6
    -Specifies that an employee of the Florida Tourism Industry
  7  Marketing Corporation may not receive compensation for
    employment that exceeds the salary paid to the Governor,
  8  unless the board of directors of the corporation and the
    employee have entered into a performance-based contract, under
  9  which satisfaction of outcome measures results in incentive
    payments that increase the employee's compensation to a level
10  above the Governor's.

11  -Requires the Office of Tourism, Trade, and Economic
    Development to report on use of certain trust funds; repeals
12  an existing similar reporting requirement.

13  -Authorizes the Office of Film and Entertainment to accept
    grants and gifts from public and private organizations and to
14  expend such funds in accordance with the terms of the grant or
    gift and in a manner consistent with the office's statutory
15  authority.

16  -Implements certain recommendations of the 21st Century
    Digital Television and Education Task Force, including:
17  identification of digital occupations; creation of the Digital
    Media Education Coordination Group; reservation of up to $1
18  million in funds dedicated for Incumbent Worker Training for
    the digital media industry; development of a plan for the use
19  of training funding; creation of a Digital Media Education
    Infrastructure Fund; requiring an organizational meeting of
20  the digital media industry; provision for the award of a
    contract for the creation of a digital media incubator; and
21  development of a marketing plan.

22

23

24

25

26

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