Senate Bill 2548c2

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    Florida Senate - 2000                    CS for CS for SB 2548

    By the Committees on Comprehensive Planning, Local and
    Military Affairs; Commerce and Economic Opportunities; and
    Senators Kirkpatrick and Hargrett



    316-2119-00

  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; providing for Front Porch Florida

21         requirements; directing the Office of Urban

22         Opportunity to give priority to projects

23         receiving certain federal grants; amending s.

24         163.2523, F.S.; providing allocation criteria

25         for the Urban Infill and Redevelopment Grant

26         Program; amending s. 420.5087, F.S.; providing

27         allocation criteria for the State Apartment

28         Incentive Loan Program; amending s. 420.5089,

29         F.S.; providing allocation criteria for the

30         HOME Investment Partnership Program; amending

31         s. 420.5093, F.S.; giving priority to certain

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  1         projects in the State Housing Tax Credit

  2         Program; amending s. 420.5099, F.S.; giving

  3         priority to certain projects in the allocation

  4         of low-income housing tax credits; amending s.

  5         159.705, F.S.; specifying that projects located

  6         in research and development parks may be

  7         operated by specified organizations; amending

  8         s. 159.8083, F.S.; providing for Enterprise

  9         Florida, Inc., to recommend Florida First

10         Business projects to the Office of Tourism,

11         Trade, and Economic Development; providing for

12         consultation; amending s. 163.3164, F.S.;

13         exempting certain activities from the term

14         "development" for the purposes of the Local

15         Government Comprehensive Planning and Land

16         Development Regulation Act; amending s. 212.08,

17         F.S.; specifying that a sales tax exemption for

18         certain repair and labor charges applies to

19         industrial machinery and equipment used in the

20         production and shipping of tangible personal

21         property; applying the exemption to SIC

22         Industry Major Group Number 35; specifying that

23         the sales tax exemption for industries in such

24         group number is remedial in nature and applies

25         retroactively; amending ss. 212.097, 212.098,

26         F.S.; expanding the definition of the term

27         "eligible business" under the Urban High-Crime

28         Area Job Tax Credit Program and Rural Job Tax

29         Credit Program to include certain businesses

30         involved in motion picture production and

31         allied services; amending s. 218.075, F.S.;

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  1         expanding conditions under which the Department

  2         of Environmental Protection and water

  3         management districts shall reduce or waive

  4         certain fees for counties or municipalities;

  5         conforming to the definition of the term "rural

  6         community" used elsewhere in the Florida

  7         Statutes; amending s. 220.191, F.S.; redefining

  8         the term "qualifying project"; limiting the

  9         application of the capital investment annual

10         tax credit; revising qualification standards

11         for such credits; revising certain application

12         procedures; establishing minimum standards for

13         application guidelines; amending s. 288.012,

14         F.S.; revising the authority of the Office of

15         Tourism, Trade, and Economic Development to

16         establish foreign offices; providing for the

17         office to approve the establishment and

18         operation of such offices by Enterprise

19         Florida, Inc., and the Florida Commission on

20         Tourism; providing for foreign offices to

21         submit updated operating plans and activity

22         reports; amending s. 288.018, F.S.; providing

23         for Enterprise Florida, Inc., to administer the

24         Regional Rural Development Grants Program and

25         make recommendations for approval by the Office

26         of Tourism, Trade, and Economic Development;

27         creating s. 288.064, F.S.; expressing the

28         intent of the Legislature to provide for

29         efficient and effective delivery of assistance

30         to rural communities; amending s. 288.0656,

31         F.S.; revising criteria for the Rural Economic

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  1         Development Initiative; requiring certain

  2         communities to apply for rural designation;

  3         amending s. 288.1088, F.S.; revising criteria

  4         and procedures related to the award of funds to

  5         certain target industries from the Quick Action

  6         Closing Fund; amending s. 288.1162, F.S.;

  7         providing for a specified direct-support

  8         organization to administer the professional

  9         sports franchises and spring training

10         franchises facilities programs; providing for

11         final approval of decisions under such programs

12         by the Office of Tourism, Trade, and Economic

13         Development; amending s. 288.1168, F.S.;

14         deleting obsolete provisions relating to

15         certification of the professional golf hall of

16         fame; providing for a specified direct-support

17         organization to administer that program;

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

19         specified direct-support organization to

20         administer the certification program for the

21         International Game Fish Association World

22         Center facility; providing for annual

23         verification of attendance and sales tax

24         revenue projections; transferring, renumbering,

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

26         administrative responsibility for the Recycling

27         Markets Advisory Committee to the Department of

28         Environmental Protection; amending s. 288.1223,

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

30         person to serve on the Florida Commission on

31         Tourism and as the chair of the commission;

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

  2         appointment of the president of the Florida

  3         Tourism Industry Marketing Corporation and

  4         specifying that the president serves at the

  5         pleasure of the Governor; limiting certain

  6         employee salaries unless such employees are

  7         covered by a performance contract; amending s.

  8         288.1229, F.S.; requiring an annual report on

  9         the status of specified sports projects;

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

11         of the Film Commissioner the Governor's Office

12         of Film and Entertainment; renaming the Film

13         Commissioner as the Commissioner of Film and

14         Entertainment; authorizing receipt and

15         expenditure of certain grants and donations;

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

17         Florida Film Advisory Council the Florida Film

18         and Entertainment Advisory Council; amending s.

19         288.1253, F.S., relating to travel and

20         entertainment expenses; conforming terminology;

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

22         cross-reference; providing that the Governor's

23         designee may serve as chairperson of the board

24         of directors of Enterprise Florida, Inc.;

25         specifying that at-large members of the board

26         of directors of Enterprise Florida, Inc., shall

27         not have voting authority; amending s.

28         288.9015, F.S.; requiring Enterprise Florida,

29         Inc., to use specified programs to facilitate

30         economic development; amending s. 288.980,

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

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  1         to administer defense grant programs and make

  2         recommendations to the Office of Tourism,

  3         Trade, and Economic Development on approval of

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

  5         assigning responsibility for ongoing

  6         administration of the Certified Capital Company

  7         Act to the Department of Banking and Finance;

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

  9         definitions under the enterprise zone program;

10         defining the term "rural enterprise zone";

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

12         reporting requirement for enterprise zone

13         development agencies to Enterprise Florida,

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

15         administration of the enterprise zone program

16         by Enterprise Florida, Inc.; amending s.

17         290.0065, F.S.; providing for Enterprise

18         Florida, Inc., to administer the enterprise

19         zone program and make recommendations to the

20         Office of Tourism, Trade, and Economic

21         Development; conforming references; amending s.

22         290.0066, F.S.; providing for Enterprise

23         Florida, Inc., to make recommendations to the

24         Office of Tourism, Trade, and Economic

25         Development regarding revocations of enterprise

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

27         providing for Enterprise Florida, Inc., to make

28         recommendations to the Office of Tourism,

29         Trade, and Economic Development regarding

30         amendment of enterprise zone boundaries;

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

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  1         Office of Tourism, Trade, and Economic

  2         Development to amend the boundaries of a rural

  3         enterprise zone and providing requirements with

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

  5         modifying the employee residency requirements

  6         for the enterprise zone job credit against the

  7         sales tax and corporate income tax if the

  8         business is located in a rural enterprise zone;

  9         modifying the employee residency requirements

10         for maximum exemptions or credits with respect

11         to the sales tax credits for enterprise zone

12         job creation, for building materials used in

13         the rehabilitation of real property in an

14         enterprise zone, for business property used in

15         an enterprise zone, and for electrical energy

16         used in an enterprise zone, and the corporate

17         income tax enterprise zone job creation and

18         property tax credits if the business is located

19         in a rural enterprise zone; providing

20         application time limitations; providing an

21         extended application period for certain

22         businesses to claim tax incentives; amending s.

23         290.00689, F.S.; conforming a cross-reference;

24         revising the eligibility criteria for certain

25         tax credits to include a review and

26         recommendation by Enterprise Florida, Inc.;

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

28         Office of Tourism, Trade, and Economic

29         Development to designate rural champion

30         communities as enterprise zones; providing

31         requirements with respect thereto; amending s.

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  1         290.009, F.S.; specifying that Enterprise

  2         Florida, Inc., shall serve as staff to the

  3         Enterprise Zone Interagency Coordinating

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

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

  6         eliminating a limitation on the number of

  7         economic development grants that an eligible

  8         local government may receive under the Florida

  9         Small Cities Community Development Block Grant

10         Program; specifying that cumulative grant

11         awards may not exceed certain ceilings;

12         amending s. 290.048, F.S.; authorizing the

13         Department of Community Affairs to establish

14         advisory committees relating to the Florida

15         Small Cities Community Development Block Grant

16         Program; repealing s. 290.049, F.S., relating

17         to the Community Development Block Grant

18         Advisory Council; amending s. 373.4149, F.S.;

19         removing the director of the Office of Tourism,

20         Trade, and Economic Development from the

21         membership of the Miami-Dade County Lake Belt

22         Plan Implementation Committee; authorizing the

23         Institute of Food and Agricultural Sciences to

24         contract and receive money to support the

25         Florida State Rural Development Council;

26         requiring the Workforce Development Board of

27         Enterprise Florida, Inc., to develop a policy

28         authorizing placement of certain

29         workforce-training clients in self-employment

30         as a means of job placement; directing the

31         Office of Tourism, Trade, and Economic

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    Florida Senate - 2000                    CS for CS for SB 2548
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  1         Development and Enterprise Florida, Inc., to

  2         establish a unit responsible for forecasting

  3         and responding to certain economic development

  4         events; creating an Economic Development

  5         Leadership Council to provide leadership

  6         related to such events; requiring a report and

  7         recommendations; providing legislative intent;

  8         providing for creation and purpose of the

  9         Toolkit for Economic Development; defining the

10         term "economically distressed"; requiring the

11         appointment of liaisons from agencies and

12         organizations; providing for requirements and

13         duties; creating coordinating partners to serve

14         as the program's executive committee; providing

15         for duties and powers; providing for waivers of

16         state-required matching-funds requirements;

17         requiring an inventory of programs that help

18         economically distressed communities; requiring

19         that the inventory be categorized; creating the

20         Start-Up Initiative to promote the use of the

21         inventory; providing for identification of

22         communities; providing for solicitation of

23         proposals; providing for proposal content;

24         providing for review process and evaluation

25         criteria; providing for funding; providing for

26         the designation of communities of critical

27         economic opportunity; providing an

28         appropriation to the coordinating partners;

29         providing for use of funds and certification;

30         providing for reporting; providing for

31         expiration; creating s. 288.1260, F.S.;

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  1         creating the Front Porch Florida initiative;

  2         providing legislative intent; providing for

  3         purposes and principles of the program;

  4         creating liaisons to Front Porch Florida

  5         communities; providing for liaison requirements

  6         and duties; providing for use of the inventory

  7         of federal and state resources; providing for

  8         application requirements; providing for the

  9         formation of a Governor's Revitalization

10         Council; providing for duties; providing for

11         monitoring and reporting; amending s. 240.311,

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

13         Colleges to identify training programs for

14         broadband digital media specialists; requiring

15         that such programs be added to lists for demand

16         occupations under certain circumstances;

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

18         community colleges to establish incubator

19         facilities for digital media content and

20         technology development; creating s. 240.710,

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

22         a Digital Media Education Coordination Group;

23         providing membership; providing purposes;

24         requiring development of a plan; requiring

25         submission of plans to the Legislature;

26         requiring the Workforce Development Board to

27         reserve funds for digital media industry

28         training; providing direction on training;

29         requiring the Workforce Development Board to

30         develop a plan for the use of certain funds to

31         enhance workforce of digital media related

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  1         industries; providing direction on plan

  2         development; creating the Digital Media

  3         Education Infrastructure Fund within the Office

  4         of Tourism, Trade, and Economic Development for

  5         the purpose of upgrading quality of media labs;

  6         providing an appropriation; providing

  7         requirements for contracting and use of funds;

  8         requiring Enterprise Florida, Inc., to convene

  9         a broadband digital media industries group;

10         requiring identification, designation, and

11         priority of digital media sector in sector

12         strategy; requiring Enterprise Florida, Inc.,

13         to contract for establishment of digital media

14         incubator; providing contract requirements;

15         providing an appropriation; requiring industry

16         participation in funding; providing direction

17         for incubator location; requiring ITFlorida, in

18         cooperation with Enterprise Florida, Inc., to

19         prepare a marketing plan promoting the state to

20         digital media industries; providing that

21         certain provisions relating to digital media

22         are subject to legislative appropriation;

23         creating the Commission on Basic Research for

24         the Future of Florida; prescribing membership

25         of the commission; providing a purpose for the

26         commission; requiring the use of state

27         resources; providing for staffing,

28         administration, and information sharing;

29         requiring a report; repealing s. 288.039, F.S.,

30         relating to the Employing and Training our

31         Youths (ENTRY) program; repealing s.

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  1         288.095(3)(c), F.S., relating to a required

  2         report on activities under the Economic

  3         Development Incentives Account of the Economic

  4         Development Trust Fund; providing an effective

  5         date.

  6

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

  8

  9         Section 1.  Subsections (2) and (9) of section 14.2015,

10  Florida Statutes, are amended to read:

11         14.2015  Office of Tourism, Trade, and Economic

12  Development; creation; powers and duties.--

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

14  Economic Development is to assist the Governor in working with

15  the Legislature, state agencies, business leaders, and

16  economic development professionals to formulate and implement

17  coherent and consistent policies and strategies designed to

18  provide economic opportunities for all Floridians.  To

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

20  Economic Development shall:

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

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

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

24  industry in the state, to promote the participation of

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

26  promote Florida as a host for national and international

27  amateur athletic competitions.

28         (b)  Monitor the activities of public-private

29  partnerships and state agencies in order to avoid duplication

30  and promote coordinated and consistent implementation of

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

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  1  international trade and investment; business recruitment,

  2  creation, retention, and expansion; minority and small

  3  business development; and rural community development.

  4         (c)  Facilitate the direct involvement of the Governor

  5  and the Lieutenant Governor in economic development projects

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

  7  to recruit worldwide business, as well as in other

  8  job-creating efforts.

  9         (d)  Assist the Governor, in cooperation with

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

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

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

13  of economic development in Florida which will include the

14  identification of problems and the recommendation of

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

16  the Senate, the Speaker of the House of Representatives, the

17  Senate Minority Leader, and the House Minority Leader by

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

19  Governor's message to the Legislature under the State

20  Constitution and any other economic reports required by law.

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

22  year of leaders in business, government, and economic

23  development called by the Governor to address the business

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

25  future of the state, and identify economic development efforts

26  to fulfill that vision.

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

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

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

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

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

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  1  288.1045, contracts for transportation projects under s.

  2  288.063, the sports franchise facility program under s.

  3  288.1162, the professional golf hall of fame facility program

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

  5  403.973, the Rural Community Development Revolving Loan Fund

  6  under s. 288.065, the Regional Rural Development Grants

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

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

  9  the Rural Economic Development Initiative, and other programs

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

11  appropriations process, or by the Governor. Notwithstanding

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

13  earned from the investment of program funds deposited in the

14  Economic Development Trust Fund, the Grants and Donations

15  Trust Fund, the Brownfield Property Ownership Clearance

16  Assistance Revolving Loan Trust Fund, and the Economic

17  Development Transportation Trust Fund to contract for the

18  administration of the programs, or portions of the programs,

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

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

21  expenditures shall be subject to review under chapter 216.

22         2.  The office may enter into contracts in connection

23  with the fulfillment of its duties concerning the Florida

24  First Business Bond Pool under chapter 159, tax incentives

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

26  Capital Company Act in chapter 288, foreign offices under

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

28  the Seaport Employment Training program under chapter 311, the

29  Florida Professional Sports Team License Plates under chapter

30  320, Spaceport Florida under chapter 331, Expedited Permitting

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

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

  2  appropriations process, or by the Governor.

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

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

  5  Florida Commission on Tourism, and all direct-support

  6  organizations under this act, excluding those relating to

  7  tourism.  To accomplish the provisions of this act and

  8  applicable provisions of chapter 288, and notwithstanding the

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

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

11  Florida Commission on Tourism, and other appropriate

12  direct-support organizations. Such contracts may be multiyear

13  and shall include specific performance measures for each year.

14         (h)  Provide administrative oversight for the

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

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

17  services to the state's entertainment industry and to

18  administratively house the Florida Film and Entertainment

19  Advisory Council created under s. 288.1252.

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

21  unified budget request for tourism, trade, and economic

22  development in accordance with chapter 216 for, and in

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

24  the Florida Commission on Tourism and its direct-support

25  organization, the Florida Black Business Investment Board, the

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

27  and the direct-support organization created to promote the

28  sports industry.

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

30  functions in connection with the administration of the

31  Qualified Target Industry program, the Qualified Defense

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  1  Contractor program, the Certified Capital Company Act, the

  2  Enterprise Zone program, and the Florida First Business Bond

  3  pool.

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

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

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

  7  Representatives a complete and detailed report of all

  8  applications received and recommendations made or actions

  9  taken during the previous fiscal year under all programs

10  funded out of the Economic Development Incentives Account or

11  the Economic Development Transportation Trust Fund. The Office

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

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

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

15  agreements or other contracts executed; and tax refunds paid

16  or other payments made under all programs funded from the

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

18  types of projects supported, and employment and investment

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

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

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

22  state enterprise zones designated pursuant to s. 290.0065.

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

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

25  The director of the Office of Urban Opportunity shall be

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

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

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

29  comprehensive, community-based urban core redevelopment

30  program that will empower urban core residents to craft

31  solutions to the unique challenges of each designated

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  1  community. Front Porch Florida shall serve as a "civic

  2  switchboard," connecting each Front Porch Florida community

  3  with federal, state, and private-sector resources necessary to

  4  implement the program.

  5         (c)  The Office of Urban Opportunity may be assisted in

  6  carrying out its duties by the Department of Community

  7  Affairs.

  8         (d)  The selection criteria for designating Front Porch

  9  Communities must give priority consideration to communities

10  where there is an active grant award from the U.S. Department

11  of Housing and Urban Development under the HOPE VI program and

12  there is:

13         1.  Documented support by the unit of local government

14  to redevelop the neighborhoods surrounding the HOPE VI

15  project.

16         2.  A joint agreement between the local government and

17  the public housing authority receiving the HOPE VI grant

18  regarding the redevelopment of neighborhoods surrounding the

19  HOPE VI project.

20         3.  A plan to promote the redevelopment of the HOPE VI

21  neighborhoods; to disperse the location of publicly assisted

22  housing within the neighborhood and to promote mixed-income

23  neighborhoods; to promote home ownership; and to involve the

24  residents of the neighborhood in redevelopment.

25         Section 2.  Section 163.2523, Florida Statutes, is

26  amended to read:

27         163.2523  Grant program.--An Urban Infill and

28  Redevelopment Assistance Grant Program is created for local

29  governments. A local government may allocate grant money to

30  special districts, including community redevelopment agencies,

31  and nonprofit community development organizations to implement

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  1  projects consistent with an adopted urban infill and

  2  redevelopment plan or plan employed in lieu thereof. Thirty

  3  percent of the general revenue appropriated for this program

  4  shall be available for planning grants to be used by local

  5  governments for the development of an urban infill and

  6  redevelopment plan, including community participation

  7  processes for the plan. Sixty percent of the general revenue

  8  appropriated for this program shall be available for

  9  fifty/fifty matching grants for implementing urban infill and

10  redevelopment projects that further the objectives set forth

11  in the local government's adopted urban infill and

12  redevelopment plan or plan employed in lieu thereof. The

13  remaining 10 percent of the revenue must be used for outright

14  grants for implementing projects requiring an expenditure of

15  under $50,000. Projects that provide employment opportunities

16  to clients of the WAGES program and projects within urban

17  infill and redevelopment areas that include a community

18  redevelopment area, Florida Main Street program, Front Porch

19  Florida Community, sustainable community, enterprise zone,

20  federal enterprise zone, enterprise community, or neighborhood

21  improvement district, and projects that include the recipient

22  of a HOPE VI grant from the U.S. Department of Housing and

23  Urban Development, must be given an elevated priority in the

24  scoring of competing grant applications. The Division of

25  Housing and Community Development of the Department of

26  Community Affairs shall administer the grant program. The

27  Department of Community Affairs shall adopt rules establishing

28  grant review criteria consistent with this section.

29         Section 3.  Paragraph (c) of subsection (6) of section

30  420.5087, Florida Statutes, is amended to read:

31

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  1         420.5087  State Apartment Incentive Loan

  2  Program.--There is hereby created the State Apartment

  3  Incentive Loan Program for the purpose of providing first,

  4  second, or other subordinated mortgage loans or loan

  5  guarantees to sponsors, including for-profit, nonprofit, and

  6  public entities, to provide housing affordable to

  7  very-low-income persons.

  8         (6)  On all state apartment incentive loans, except

  9  loans made to housing communities for the elderly to provide

10  for lifesafety, building preservation, health, sanitation, or

11  security-related repairs or improvements, the following

12  provisions shall apply:

13         (c)  The corporation shall provide by rule for the

14  establishment of a review committee composed of the department

15  and corporation staff and shall establish by rule a scoring

16  system for evaluation and competitive ranking of applications

17  submitted in this program, including, but not limited to, the

18  following criteria:

19         1.  Tenant income and demographic targeting objectives

20  of the corporation.

21         2.  Targeting objectives of the corporation which will

22  ensure an equitable distribution of loans between rural and

23  urban areas.

24         3.  Sponsor's agreement to reserve the units for

25  persons or families who have incomes below 50 percent of the

26  state or local median income, whichever is higher, for a time

27  period to exceed the minimum required by federal law or the

28  provisions of this part.

29         4.  Sponsor's agreement to reserve more than:

30         a.  Twenty percent of the units in the project for

31  persons or families who have incomes that do not exceed 50

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  1  percent of the state or local median income, whichever is

  2  higher; or

  3         b.  Forty percent of the units in the project for

  4  persons or families who have incomes that do not exceed 60

  5  percent of the state or local median income, whichever is

  6  higher, without requiring a greater amount of the loans as

  7  provided in this section.

  8         5.  Provision for tenant counseling.

  9         6.  Sponsor's agreement to accept rental assistance

10  certificates or vouchers as payment for rent; however, when

11  certificates or vouchers are accepted as payment for rent on

12  units set aside pursuant to subsection (2), the benefit must

13  be divided between the corporation and the sponsor, as

14  provided by corporation rule.

15         7.  Projects requiring the least amount of a state

16  apartment incentive loan compared to overall project cost.

17         8.  Local government contributions and local government

18  comprehensive planning and activities that promote affordable

19  housing.

20         9.  Project feasibility.

21         10.  Economic viability of the project.

22         11.  Commitment of first mortgage financing.

23         12.  Sponsor's prior experience.

24         13.  Sponsor's ability to proceed with construction.

25         14.  Projects that directly implement or assist

26  welfare-to-work transitioning.

27         15.  Projects receiving HOPE VI grants from the U.S.

28  Department of Housing and Urban Development.

29         Section 4.  Subsection (6) of section 420.5089, Florida

30  Statutes, is amended to read:

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  1         420.5089  HOME Investment Partnership Program; HOME

  2  fund.--

  3         (6)  Applications for loans under any competitive

  4  scoring process established by program rule must be approved

  5  by a review committee established by corporation rule which

  6  shall analyze factors, including, but not limited to, the

  7  following:

  8         (a)  Demographic targeting objectives of the

  9  corporation.

10         (b)  Corporation portfolio diversification.

11         (c)  Developer's agreement to make units for the

12  targeted group available for more than the minimum period

13  required by rule.

14         (d)  Leveraging of HOME funds.

15         (e)  Local matching funds.

16         (f)  The project's feasibility and long-term economic

17  viability.

18         (g)  Demonstrated capacity of the proposed project's

19  development team.

20         (h)  Conformance with the consolidated plan for the

21  state and area in which the proposed project will be located.

22         (i)  Projects receiving HOPE VI grants from the U.S.

23  Department of Housing and Urban Development.

24         (j)(i)  Other factors determined and approved by the

25  corporation's board of directors.

26         Section 5.  Subsection (3) of section 420.5093, Florida

27  Statutes, is amended to read:

28         420.5093  State Housing Tax Credit Program.--

29         (3)  The corporation shall adopt allocation procedures

30  that will ensure the maximum use of available tax credits in

31  order to encourage development of low-income housing and

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  1  associated mixed-use projects in urban areas, taking into

  2  consideration the timeliness of the application, the location

  3  of the proposed project, the relative need in the area of

  4  revitalization and low-income housing and the availability of

  5  such housing, the economic feasibility of the project, and the

  6  ability of the applicant to proceed to completion of the

  7  project in the calendar year for which the credit is sought.

  8  The allocation procedure must give priority to projects

  9  receiving HOPE VI grants from the U.S. Department of Housing

10  and Urban Development.

11         Section 6.  Subsection (2) of section 420.5099, Florida

12  Statutes, is amended to read:

13         420.5099  Allocation of the low-income housing tax

14  credit.--

15         (2)  The corporation shall adopt allocation procedures

16  that will ensure the maximum use of available tax credits in

17  order to encourage development of low-income housing in the

18  state, taking into consideration the timeliness of the

19  application, the location of the proposed housing project, the

20  relative need in the area for low-income housing and the

21  availability of such housing, the economic feasibility of the

22  project, and the ability of the applicant to proceed to

23  completion of the project in the calendar year for which the

24  credit is sought. The allocation procedure must give priority

25  to projects receiving HOPE VI grants from the U.S. Department

26  of Housing and Urban Development.

27         Section 7.  Subsection (10) of section 159.705, Florida

28  Statutes, is amended to read:

29         159.705  Powers of the authority.--The authority is

30  authorized and empowered:

31

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  1         (10)  Other provisions of law to the contrary

  2  notwithstanding, to acquire by lease, without consideration,

  3  purchase, or option any lands owned, administered, managed,

  4  controlled, supervised, or otherwise protected by the state or

  5  any of its agencies, departments, boards, or commissions for

  6  the purpose of establishing a research and development park,

  7  subject to being first designated a research and development

  8  authority under the provisions of ss. 159.701-159.7095.  The

  9  authority may cooperate with state and local political

10  subdivisions and with private profit and nonprofit entities to

11  implement the public purposes set out in s. 159.701.  Such

12  cooperation may include agreements for the use of the

13  resources of state and local political subdivisions, agencies,

14  or entities on a fee-for-service basis or on a cost-recovery

15  basis. A project that is located in a research and development

16  park and is financed pursuant to the provisions of the Florida

17  Industrial Development Financing Act may be operated by a

18  research and development authority, a state university, a

19  Florida community college, or a governmental agency, provided

20  that the purpose and operation of such project is consistent

21  with the purposes and policies enumerated in ss.

22  159.701-159.7095.

23         Section 8.  Section 159.8083, Florida Statutes, is

24  amended to read:

25         159.8083  Florida First Business allocation pool.--The

26  Florida First Business allocation pool is hereby established.

27  The Florida First Business allocation pool shall be available

28  solely to provide written confirmation for private activity

29  bonds to finance Florida First Business projects recommended

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

31  Tourism, Trade, and Economic Development as eligible to

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  1  receive a written confirmation. Allocations from such pool

  2  shall be awarded statewide pursuant to procedures specified in

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

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

  5  eligible for a carryforward shall not lose their allocation on

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

  7  carryforward.  In issuing written confirmations of allocations

  8  for Florida First Business projects, the division shall use

  9  the Florida First Business allocation pool. If allocation is

10  not available from the Florida First Business allocation pool,

11  the division shall issue written confirmations of allocations

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

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

14  priority within a regional allocation pool or the state

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

16  First Business projects to be issued from a regional

17  allocation pool or the state allocation pool shall be

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

19  it is determined by the division that the Florida First

20  Business allocation pool is unavailable to issue confirmation

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

22  requested in notices of intent to issue private activity bonds

23  for Florida First Business projects exceeds the total amount

24  of the Florida First Business allocation pool, the director

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

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

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

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

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

30  Economic Development, in consultation with the division and

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

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  1  the allocation provided in such pool is available solely to

  2  provide written confirmations for private activity bonds to

  3  finance Florida First Business projects and that such projects

  4  are feasible and financially solvent.

  5         Section 9.  Subsection (6) of section 163.3164, Florida

  6  Statutes, is amended to read:

  7         163.3164  Definitions.--As used in this act:

  8         (6)  "Development" has the meaning given it in s.

  9  380.04 and the exemption given it in s. 380.04(3).

10         Section 10.  Paragraph (eee) of subsection (7) of

11  section 212.08, Florida Statutes, is amended to read:

12         212.08  Sales, rental, use, consumption, distribution,

13  and storage tax; specified exemptions.--The sale at retail,

14  the rental, the use, the consumption, the distribution, and

15  the storage to be used or consumed in this state of the

16  following are hereby specifically exempt from the tax imposed

17  by this chapter.

18         (7)  MISCELLANEOUS EXEMPTIONS.--

19         (eee)  Certain repair and labor charges.--

20         1.  Subject to the provisions of subparagraphs 2. and

21  3., there is exempt from the tax imposed by this chapter all

22  labor charges for the repair of, and parts and materials used

23  in the repair of and incorporated into, industrial machinery

24  and equipment that which is used for the manufacture,

25  processing, compounding, or production, or production and

26  shipping of items of tangible personal property at a fixed

27  location within this state.

28         2.  This exemption applies only to industries

29  classified under SIC Industry Major Group Numbers 10, 12, 13,

30  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

31  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

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  1  in this subparagraph, "SIC" means those classifications

  2  contained in the Standard Industrial Classification Manual,

  3  1987, as published by the Office of Management and Budget,

  4  Executive Office of the President.

  5         3.  This exemption shall be applied as follows:

  6         a.  Beginning July 1, 1999, 25 percent of such charges

  7  for repair parts and labor shall be exempt.

  8         b.  Beginning July 1, 2000, 50 percent of such charges

  9  for repair parts and labor shall be exempt.

10         c.  Beginning July 1, 2001, 75 percent of such charges

11  for repair parts and labor shall be exempt.

12         d.  Beginning July 1, 2002, 100 percent of such charges

13  for repair parts and labor shall be exempt.

14

15  Exemptions provided to any entity by this subsection shall not

16  inure to any transaction otherwise taxable under this chapter

17  when payment is made by a representative or employee of such

18  entity by any means, including, but not limited to, cash,

19  check, or credit card even when that representative or

20  employee is subsequently reimbursed by such entity.

21         Section 11.  The amendment to section 212.08(7)(eee)2.,

22  Florida Statutes, made by this act is remedial in nature and

23  shall have the force and effect as if SIC Code 35 had been

24  included from July 1, 1999.

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

26  Statutes, is amended to read:

27         212.097  Urban High-Crime Area Job Tax Credit

28  Program.--

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

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

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

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  1  qualified county and is predominantly engaged in, or is

  2  headquarters for a business predominantly engaged in,

  3  activities usually provided for consideration by firms

  4  classified within the following standard industrial

  5  classifications:  SIC 01 through SIC 09 (agriculture,

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

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

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

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

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

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

12  similar customer service operation that services a multistate

13  market or international market is also an eligible business.

14  In addition, the Office of Tourism, Trade, and Economic

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

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

17  from the list of standard industrial classifications used to

18  determine an eligible business, and the Legislature may

19  implement such recommendations. Excluded from eligible

20  receipts are receipts from retail sales, except such receipts

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

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

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

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

25  50 percent of the business's gross receipts from all sources

26  is generated by those activities usually provided for

27  consideration by firms in the specified standard industrial

28  classification. The determination of whether the business is

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

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

31

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  1  credit under this section. Commonly owned and controlled

  2  entities are to be considered a single business entity.

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

  4  eligible business who performs duties in connection with the

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

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

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

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

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

10  an employee leased from an employee leasing company licensed

11  under chapter 468, if such employee has been continuously

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

13  week for more than 6 months.

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

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

16  and clearly separate from any other commercial or business

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

18  area. A business entity that operated an eligible business

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

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

21  considered a new business.

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

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

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

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

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

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

28  to the following prioritized criteria:

29         1.  Highest arrest rates within the geographic area for

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

31  possession, prostitution, vandalism, and civil disturbances;

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  1         2.  Highest reported crime volume and rate of specific

  2  property crimes such as business and residential burglary,

  3  motor vehicle theft, and vandalism;

  4         3.  Highest percentage of reported index crimes that

  5  are violent in nature;

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

  7  and

  8         5.  Highest overall index crime rate for the geographic

  9  area.

10

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

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

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

14  areas are ranked 11 through 15. Notwithstanding this

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

16  that has been designated as a federal Empowerment Zone

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

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

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

20         Section 13.  Subsection (2) of section 212.098, Florida

21  Statutes, is amended to read:

22         212.098  Rural Job Tax Credit Program.--

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

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

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

26  qualified county and is predominantly engaged in, or is

27  headquarters for a business predominantly engaged in,

28  activities usually provided for consideration by firms

29  classified within the following standard industrial

30  classifications:  SIC 01 through SIC 09 (agriculture,

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

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

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

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

  4  7992 (public golf courses); and SIC 7996 (amusement parks). A

  5  call center or similar customer service operation that

  6  services a multistate market or an international market is

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

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

  9  budget request submitted pursuant to s. 216.023, recommend

10  additions to or deletions from the list of standard industrial

11  classifications used to determine an eligible business, and

12  the Legislature may implement such recommendations. Excluded

13  from eligible receipts are receipts from retail sales, except

14  such receipts for hotels and other lodging places classified

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

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

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

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

19  those activities usually provided for consideration by firms

20  in the specified standard industrial classification. The

21  determination of whether the business is located in a

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

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

24  section. Commonly owned and controlled entities are to be

25  considered a single business entity.

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

27  eligible business who performs duties in connection with the

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

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

30  within the qualified county in which the eligible business is

31

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

  2  qualified employee.

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

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

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

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

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

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

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

10         1.  Highest unemployment rate for the most recent

11  36-month period.

12         2.  Lowest per capita income for the most recent

13  36-month period.

14         3.  Highest percentage of residents whose incomes are

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

16  available.

17         4.  Average weekly manufacturing wage, based upon the

18  most recent data available.

19

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

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

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

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

24  through 17. Notwithstanding this definition, "qualified

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

26  been designated as a federal Enterprise Community pursuant to

27  the 1999 Agricultural Appropriations Act. Such a designated

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

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

30  Development.

31

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

  2  beginning operation on a site in a qualified county and

  3  clearly separate from any other commercial or business

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

  5  business entity that operated an eligible business within a

  6  qualified county within the 48 months before the period

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

  8  new business.

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

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

11         Section 14.  Section 218.075, Florida Statutes, is

12  amended to read:

13         218.075  Reduction or waiver of permit processing

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

15  Department of Environmental Protection and the water

16  management districts shall reduce or waive permit processing

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

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

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

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

21  1994, until such counties exceed a population of 75,000 and a

22  municipality municipalities with a population of 25,000 or

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

24  metropolitan statistical area. Fee reductions or waivers shall

25  be approved on the basis of fiscal hardship or environmental

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

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

28  fiscal hardship due to one of the following factors:

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

30  statewide average for the current fiscal year;

31

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  1         (2)  Percentage of assessed property value that is

  2  exempt from ad valorem taxation is higher than the statewide

  3  average for the current fiscal year;

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

  5  determines a state of financial emergency;

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

  7  fiscal year is greater than 8 mills; or

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

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

10  indicates an inability to pay the permit processing fee during

11  that fiscal year.

12

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

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

15  municipality and the project for which the fee reduction or

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

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

18  $100.

19         Section 15.  Paragraph (h) of subsection (1) and

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

21  Statutes, are amended to read:

22         220.191  Capital investment tax credit.--

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

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

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

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

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

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

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

30  automotive, and silicon technology industries.

31

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

  2  chapter shall be granted to any qualifying business in an

  3  amount equal to 5 percent of the eligible capital costs

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

  5  20 years beginning with the commencement of operations of the

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

  7  corporate income tax liability or the premium tax liability

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

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

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

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

12  be carried forward or backward by any qualifying business with

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

14  granted under this section shall not exceed the following

15  percentages of the annual corporate income tax liability or

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

17  qualifying project:

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

19  which results in a cumulative capital investment of at least

20  $100 million.

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

22  project which results in a cumulative capital investment of at

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

24         (c)  Fifty percent for a qualifying project which

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

26  million but less than $50 million.

27

28  A qualifying project that which results in a cumulative

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

30  eligible to be considered for the capital investment tax

31  credit. An insurance company claiming a credit against premium

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

  2  any additional retaliatory tax levied pursuant to s. 624.5091

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

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

  5  624.5091 does not limit such credit in any manner.

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

  7  been certified pursuant to this section, a qualifying business

  8  must achieve and maintain the employment target specified in

  9  its application for certification, but not less than 100

10  additional employees, minimum employment goals beginning with

11  the commencement of operations at a qualifying project and

12  continuing each year thereafter during which tax credits are

13  available pursuant to this section.

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

15  evaluation and recommendation a recommendation by Enterprise

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

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

18  business's final decision on and beginning investment in

19  commencement of operations of a qualifying project, and such

20  certification shall be transmitted to the Department of

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

22  Revenue shall enter into a written agreement with the

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

24  which income generated by or arising out of the qualifying

25  project will be determined.

26         (5)  The office, in consultation with Enterprise

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

28  guidelines and application materials for the certification

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

30  minimum shall consider the number of jobs the project will

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

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  1  project and conditions in the area, the anticipated benefits

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

  3  the business's investment decision.

  4         Section 16.  Section 288.012, Florida Statutes, is

  5  amended to read:

  6         288.012  State of Florida foreign offices.--The

  7  Legislature finds that the expansion of international trade

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

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

10  of technical and business assistance, financial assistance,

11  and information services for businesses in this state. The

12  Legislature finds that these businesses could be assisted by

13  providing these services at State of Florida foreign offices.

14  The Legislature further finds that the accessibility and

15  provision of services at these offices can be enhanced through

16  cooperative agreements or strategic alliances between state

17  entities, local entities, foreign entities, and private

18  businesses.

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

20  Development is authorized to:

21         (a)  approve the establishment and operation by

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

23  Tourism of Establish and operate offices in foreign countries

24  for the purpose of promoting the trade and economic

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

26  data information and research on trade opportunities in

27  specific countries.

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

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

30  Trade, and Economic Development, may enter into agreements

31  with governmental and private sector entities to establish and

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  1  operate offices in foreign countries containing provisions

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

  3  pertaining to the purchase of office space, employment of

  4  personnel, and contracts for services. When agreements

  5  pursuant to this section are made which set compensation in

  6  foreign currency, such agreements shall be subject to the

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

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

  9  Development to meet such obligations shall be subject only to

10  s. 216.311.

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

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

13  disposition of the current foreign offices and the development

14  and location of additional foreign offices.  The plan shall

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

16  of funding needed to operate the current offices and any

17  additional offices and whether any of the current offices need

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

19  Florida Tourism Commission, the Florida Ports Council, the

20  Department of State, the Department of Citrus, and the

21  Department of Agriculture shall assist the Office of Tourism,

22  Trade, and Economic Development in the preparation of the

23  plan.  All parties shall cooperate on the disposition or

24  establishment of the offices and ensure that needed space,

25  technical assistance, and support services are provided to

26  such entities at such foreign offices.

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

28  in place an operational plan approved by the participating

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

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

31  Development.  These operating plans shall be reviewed and

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  1  updated each fiscal year and submitted annually thereafter to

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

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

  4  minimum, the following:

  5         (a)  Specific policies and procedures encompassing the

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

  7         (b)  A comprehensive, commercial strategic plan

  8  identifying marketing opportunities and industry sector

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

10  office is located.

11         (c)  Provisions for access to information for Florida

12  businesses through the Florida Trade Data Center.  Each

13  foreign office shall obtain and forward trade leads and

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

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

16         (d)  Identification of new and emerging market

17  opportunities for Florida businesses.  Each foreign office

18  shall provide the Florida Trade Data Center with a compilation

19  of foreign buyers and importers in industry sector priority

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

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

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

23  industry, commodity, and opportunity information as specified

24  in the plan required in that paragraph.  This information

25  shall be provided to the offices and the entities identified

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

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

28  information.

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

30  services of the Florida Trade Data Center, international trade

31  assistance services provided by state and local entities,

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  1  seaport and airport information, and other services identified

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

  3         (f)  Qualitative and quantitative performance measures

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

  5  businesses assisted, the number of trade leads and inquiries

  6  generated, the number of foreign buyers and importers

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

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

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

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

11  Economic Development a complete and detailed report on its

12  activities and accomplishments during the preceding fiscal

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

14  report must set forth information on:

15         (a)  The number of Florida companies assisted.

16         (b)  The number of inquiries received about investment

17  opportunities in this state.

18         (c)  The number of trade leads generated.

19         (d)  The number of investment projects announced.

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

21  confirmations.

22         (f)  The number of representation agreements.

23         (g)  The number of company consultations.

24         (h)  Barriers or other issues affecting the effective

25  operation of the office.

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

27  the current fiscal year.

28         (j)  Marketing activities conducted.

29         (k)  Strategic alliances formed with organizations in

30  the country in which the office is located.

31

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  1         (l)  Activities conducted with other Florida foreign

  2  offices.

  3         (m)  Any other information that the office believes

  4  would contribute to an understanding of its activities.

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

  6  Development, in connection with the establishment, operation,

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

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

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

10  283.35 relating to bids for printing; ss. 287.001-287.20

11  relating to purchasing and motor vehicles; and ss.

12  282.003-282.111 relating to communications, and from all

13  statutory provisions relating to state employment.

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

15  Economic Development may be exercised exercise such exemptions

16  only upon prior approval of the Governor.

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

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

19  specified foreign office, such action shall constitute

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

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

22  the context and upon the terms originally granted. Any

23  modification of the approved plan of operation with respect to

24  an exemption contained therein must be resubmitted to the

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

26  exercise an exemption in any other context shall be restricted

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

28  exercised.

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

30  operation" means the plan developed pursuant to subsection

31  (2).

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

  2  a request to exercise the exemption authorized in this

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

  4  Development shall report such action, along with the original

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

  6  Senate and the Speaker of the House of Representatives within

  7  30 days.

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

  9  288.1224(10), foreign offices established and operated under

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

11  development, trade, and tourism information, services, and

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

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

14  collocated with other foreign offices of the state.

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

16  Development is authorized to make and to enter into contracts

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

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

19  authority, duties, and exemptions provided in this section

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

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

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

23  Economic Development. To the greatest extent possible, such

24  contracts shall include provisions for cooperative agreements

25  or strategic alliances between state entities, foreign

26  entities, local entities, and private businesses to operate

27  foreign offices.

28         Section 17.  Section 288.018, Florida Statutes, is

29  amended to read:

30         288.018  Regional Rural Development Grants Program.--

31

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

  2  Office of Tourism, Trade, and Economic Development shall

  3  establish a matching grant program to provide funding to

  4  regionally based economic development organizations

  5  representing rural counties and communities for the purpose of

  6  building the professional capacity of their organizations.

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

  8  Tourism, Trade, and Economic Development is authorized to

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

10  economic development organizations. The maximum amount an

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

12  $100,000 in a rural area of critical economic concern

13  recommended by the Rural Economic Development Initiative and

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

15  an equivalent amount of nonstate resources.

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

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

18  Tourism, Trade, and Economic Development shall consider the

19  demonstrated need of the applicant for assistance and require

20  the following:

21         (a)  Documentation of official commitments of support

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

23  regional organization.

24         (b)  Demonstration that each unit of local government

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

26  organization.

27         (c)  Demonstration that the private sector has made

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

29         (d)  Demonstration that the organization is in

30  existence and actively involved in economic development

31  activities serving the region.

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  1         (e)  Demonstration of the manner in which the

  2  organization is or will coordinate its efforts with those of

  3  other local and state organizations.

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

  5  Development may approve awards expend up to a total of

  6  $600,000 each fiscal year from funds appropriated to the Rural

  7  Community Development Revolving Loan Fund for the purposes

  8  outlined in this section.

  9         Section 18.  Section 288.064, Florida Statutes, is

10  created to read:

11         288.064  Legislative intent on rural economic

12  development.--

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

14  of climate, tourism, industrialization, technological

15  advances, federal and state government policies,

16  transportation, and migration, Florida's urban communities

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

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

19  communities, although these communities are the stewards of

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

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

22  prosperity cannot continue. In short, successful rural

23  communities are essential to the overall success of the

24  state's economy.

25         (2)  The Legislature further finds and declares that

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

27  of growth but severe and sustained economic distress. Median

28  household incomes are significantly less than the state's

29  median household income level. Job creation rates trail those

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

31  lost jobs, which handicaps local economies and drains wealth

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  1  from these communities. These and other factors, including

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

  3  community problems, making job creation and economic

  4  development even more difficult. Moreover, the Legislature

  5  finds that traditional program and service delivery is often

  6  hampered by the necessarily rigid structure of the programs

  7  themselves and the lack of local resources.

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

  9  the most efficient and effective delivery of programs of

10  assistance and support to rural communities, including the

11  use, where appropriate, of regulatory flexibility through

12  multiagency coordination and adequate funding. The Legislature

13  determines and declares that the provision of such assistance

14  and support in this manner fulfills an important state

15  interest.

16         Section 19.  Subsection (2) of section 288.0656,

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

18  that section to read:

19         288.0656  Rural Economic Development Initiative.--

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

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

22  fiscal and economic viability of a rural community, including

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

24  values, high unemployment, high underemployment, low weekly

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

26  compared to the state average, high percentages of the

27  population receiving public assistance, high poverty levels

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

29  employment opportunities.

30         (b)  "Rural community" means:

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

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

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

  3         3.  A municipality within a county described in

  4  subparagraph 1. or subparagraph 2.

  5         4.  An unincorporated federal enterprise community or

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

  7  and an employment base focused on traditional agricultural or

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

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

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

11  least three or more of the economic distress factors

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

13  Tourism, Trade, and Economic Development.

14

15  For purposes of this paragraph, population shall be determined

16  in accordance with the most recent official estimate pursuant

17  to s. 186.901.

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

19  or an incorporated rural city as described in subparagraph

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

21  resolution of the municipal governing body and demonstrate

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

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

24  shall verify such factors prior to approving the designation.

25         (b)  Upon receiving such designation, an unincorporated

26  federal enterprise community or an incorporated rural city in

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

28  specifically identified in statute as a rural program,

29  provided that it demonstrates that the county of jurisdiction

30  for such unincorporated federal enterprise community or rural

31  city is also providing support for each program application.

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  1  REDI may recommend criteria for the evaluation of such county

  2  support to the administrative agency of each program.  Such

  3  communities shall also be eligible for any preferential

  4  criteria or waivers of any program requirements specifically

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

  6  or communities when necessary to encourage and facilitate

  7  long-term private capital investment and job creation.

  8         Section 20.  Section 288.1088, Florida Statutes, is

  9  amended to read:

10         288.1088  Quick Action Closing Fund.--

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

12  retaining, and providing favorable conditions for the growth

13  of certain target industries provides high-quality employment

14  opportunities for residents of this state and enhances the

15  economic foundations of the state high-impact business

16  facilities provides widespread economic benefits to the public

17  through high-quality employment opportunities in such

18  facilities and in related facilities attracted to the state,

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

20  facility and businesses in related sectors, through an

21  enhanced entrepreneurial climate in the state and the

22  resulting business and employment opportunities, and through

23  the stimulation and enhancement of the state's universities

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

25  serious and fierce international competition for these

26  facilities, and in most instances, when all available

27  resources for economic development have been used, the state

28  continues to encounter severe competitive disadvantages in

29  vying for these high-impact business facilities.

30         (b)  The Legislature therefore declares that sufficient

31  resources shall be available to respond to extraordinary

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  1  economic opportunities, and to compete effectively for these

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

  3  state's economic base by providing incentives to qualifying

  4  businesses that require inducement beyond that available

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

  6  high-wage employment opportunities in this state and its

  7  communities high-impact business facilities.

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

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

10  also known as the 21st Century Fund.

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

12  individual proposals for target-industry businesses

13  high-impact business facilities and forward recommendations

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

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

16  and Economic Development. Such evaluation and recommendation

17  must include, but need not be limited to:

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

19  operation, and the product or service associated with the

20  project facility.

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

22  be created by the project facility and the total estimated

23  average annual wages of those jobs.

24         3.  The cumulative amount of investment to be dedicated

25  to the project facility within a specified period.

26         4.  A statement of any special impacts the project

27  facility is expected to stimulate in a particular business

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

29  universities and community colleges, or in a distressed

30  Florida community.

31

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

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

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

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

  5  analysis of the conditions and incentives offered by other

  6  states and their communities.

  7         (b)  Upon receipt of the evaluation and recommendation

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

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

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

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

12  business facility, the director shall include proposed

13  performance conditions that the business facility must meet to

14  obtain incentive funds. The Governor shall consult with the

15  President of the Senate and the Speaker of the House of

16  Representatives before giving final approval for a project.

17  The Executive Office of the Governor shall recommend approval

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

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

20  The recommendation must include proposed performance

21  conditions the project must meet to obtain funds.

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

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

24  of Tourism, Trade, and Economic Development and the

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

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

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

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

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

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

31  methodology for validating performance; the schedule of

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

  2  performance conditions.

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

  4  contractor performance. Such validation shall be reported

  5  within 6 months after completion of the contract to the

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

  7  House of Representatives.

  8         Section 21.  Subsections (1), (2), (4), (6), (8), and

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

10  read:

11         288.1162  Professional sports franchises; spring

12  training franchises; duties.--

13         (1)  The direct-support organization authorized under

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

15  shall serve as the state agency for screening applicants and

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

17  and Economic Development for state funding pursuant to s.

18  212.20 and for certifying an applicant as a "facility for a

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

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

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

22  Economic Development shall have the final approval for any

23  decision under this section.

24         (2)  The direct-support organization authorized under

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

26  shall develop guidelines rules for the receipt and processing

27  of applications for funding pursuant to s. 212.20.

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

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

30  retained professional sports franchise," the direct-support

31

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  1  organization authorized under s. 288.1229 Office of Tourism,

  2  Trade, and Economic Development must determine that:

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

  4  218.369 is responsible for the construction, management, or

  5  operation of the professional sports franchise facility or

  6  holds title to the property on which the professional sports

  7  franchise facility is located.

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

  9  agreement with a new professional sports franchise for the use

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

11  case of a retained professional sports franchise, an agreement

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

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

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

15  professional sports franchise exists authorizing the location

16  of the professional sports franchise in this state after April

17  1, 1987, or in the case of a retained professional sports

18  franchise, verified evidence that it has had a

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

20  31, 1976. The term "league" means the National League or the

21  American League of Major League Baseball, the National

22  Basketball Association, the National Football League, or the

23  National Hockey League.

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

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

26  Economic Development, which demonstrate that the new or

27  retained professional sports franchise will attract a paid

28  attendance of more than 300,000 annually.

29         (e)  The applicant has an independent analysis or

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

31  Tourism, Trade, and Economic Development, which demonstrates

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

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

  3  professional sports franchise facility will equal or exceed $2

  4  million annually.

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

  6  or retained professional sports franchise is located, or the

  7  county if the facility for a new or retained professional

  8  sports franchise is located in an unincorporated area, has

  9  certified by resolution after a public hearing that the

10  application serves a public purpose.

11         (g)  The applicant has demonstrated that it has

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

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

14  incurred or related to the improvement and development of the

15  facility.

16         (h)  No applicant previously certified under any

17  provision of this section who has received funding under such

18  certification shall be eligible for an additional

19  certification.

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

21  training franchise facility," the direct-support organization

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

23  Economic Development must determine that:

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

25  218.369 is responsible for the construction, management, or

26  operation of the new spring training franchise facility or

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

28  franchise facility is located.

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

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

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

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  1         (c)  The applicant has a financial commitment to

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

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

  4  training franchise.

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

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

  7  limited-access highway system.

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

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

10  Economic Development, which demonstrate that the new spring

11  training franchise facility will attract a paid attendance of

12  at least 50,000 annually.

13         (f)  The new spring training franchise facility is

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

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

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

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

18  spring training complex.

19         (8)  The direct-support organization authorized under

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

21  shall notify the Department of Revenue of any facility

22  certified as a facility for a new professional sports

23  franchise or a facility for a retained professional sports

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

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

26  Economic Development may certify no more than eight facilities

27  as facilities for a new professional sports franchise, as

28  facilities for a retained professional sports franchise, or as

29  new spring training franchise facilities, including in such

30  total any facilities certified by the Department of Commerce

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

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

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

  3         (10)  An applicant shall not be qualified for

  4  certification under this section if the franchise formed the

  5  basis for a previous certification, unless the previous

  6  certification was withdrawn by the facility or invalidated by

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

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

  9  Department of Commerce before any funds were distributed

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

11  applicant if the previous certification occurred between May

12  23, 1993, and May 25, 1993; however, any funds to be

13  distributed pursuant to s. 212.20 for the second certification

14  shall be offset by the amount distributed to the previous

15  certified facility. Distribution of funds for the second

16  certification shall not be made until all amounts payable for

17  the first certification have been distributed.

18         Section 22.  Section 288.1168, Florida Statutes, is

19  amended to read:

20         288.1168  Professional golf hall of fame facility;

21  duties.--

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

23  state agency for screening applicants for state funding

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

25  professional golf hall of fame facility in the state.

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

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

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

29  only professional golf hall of fame in the United States

30  recognized by the PGA Tour, Inc.

31

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

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

  3  contracted to construct or operate the professional golf hall

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

  5         (c)  The municipality in which the professional golf

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

  7  facility is located in an unincorporated area, has certified

  8  by resolution after a public hearing that the application

  9  serves a public purpose.

10         (d)  There are existing projections that the

11  professional golf hall of fame facility will attract a paid

12  attendance of more than 300,000 annually.

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

14  methodology approved by the department, which demonstrates

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

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

17  professional golf hall of fame facility will equal or exceed

18  $2 million annually.

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

20  certified professional golf hall of fame facility must submit

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

22  annually in national and international media promotion of the

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

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

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

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

27  direct-support organization authorized under s. 288.1229

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

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

30  reasonable percentage of advertising specifically allocated

31  for generic Florida advertising. The direct-support

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  1  organization authorized under s. 288.1229 Office of Tourism,

  2  Trade, and Economic Development shall have final approval of

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

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

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

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

  7  212.20.

  8         (g)  Documentation exists that demonstrates that the

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

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

11  of the costs incurred or related to the improvement and

12  development of the facility.

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

14  executive of the applicant and is notarized according to

15  Florida law providing for penalties for falsification.

16         (2)(3)  The certified professional golf hall of fame

17  facility applicant may use funds provided pursuant to s.

18  212.20 for the public purpose of paying for the construction,

19  reconstruction, renovation, or operation of the professional

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

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

22  arbitrage rebate obligations, or other amounts payable with

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

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

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

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

27  certifiable, the Secretary of Commerce shall notify the

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

29  If certifiable, the secretary shall notify the executive

30  director of the Department of Revenue and the applicant of

31  such certification by means of an official letter granting

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  1  certification.  From the date of such certification, the

  2  applicant shall have 5 years to open the professional golf

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

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

  5  Department of Revenue shall not begin distributing funds until

  6  30 days following notice by the Office of Tourism, Trade, and

  7  Economic Development that the professional golf hall of fame

  8  facility is open to the public.

  9         (3)(5)  The Department of Revenue may audit as provided

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

11  section have been expended as required by this section.

12         (4)(6)  The direct-support organization authorized

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

14  Development must recertify every 10 years that the facility is

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

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

17  meeting the minimum projections for attendance or sales tax

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

19  the facility is not certified as meeting the minimum

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

21  advertising contribution of $2 million annually to $2.5

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

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

24  entirety for the use and promotion of generic Florida

25  advertising as determined by the direct-support organization

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

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

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

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

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

31  generic Florida advertising as determined by the

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  1  direct-support organization authorized under s. 288.1229

  2  Office of Tourism, Trade, and Economic Development.

  3         Section 23.  Section 288.1169, Florida Statutes, is

  4  amended to read:

  5         288.1169  International Game Fish Association World

  6  Center facility; department duties.--

  7         (1)  The direct-support organization authorized under

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

  9  agency approving applicants for funding pursuant to s. 212.20

10  and for certifying the applicant as the International Game

11  Fish Association World Center facility. For purposes of this

12  section, "facility" means the International Game Fish

13  Association World Center, and "project" means the

14  International Game Fish Association World Center and new

15  colocated improvements by private sector concerns who have

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

17  million or more.

18         (2)  Prior to certifying this facility, the

19  direct-support organization authorized under s. 288.1229

20  department must determine that:

21         (a)  The International Game Fish Association World

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

23  international administrative headquarters in the United States

24  recognized by the International Game Fish Association, and

25  that one or more private sector concerns have committed to

26  donate to the International Game Fish Association land upon

27  which the International Game Fish Association World Center

28  will operate.

29         (b)  International Game Fish Association is a

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

31  construct and operate the facility.

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

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

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

  4  the facility serves a public purpose.

  5         (d)  There are existing projections that the

  6  International Game Fish Association World Center facility and

  7  the colocated facilities of private sector concerns will

  8  attract an attendance of more than 1.8 million annually.

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

10  methodology approved by the direct-support organization

11  department, which demonstrates that the amount of the revenues

12  generated by the taxes imposed under chapter 212 with respect

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

14  annually.

15         (f)  There are existing projections that the project

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

17  residents of the state.

18         (g)  The applicant has submitted an agreement to

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

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

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

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

23  applicant to annually provide the advertising as provided in

24  this paragraph shall result in the termination of the funding

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

26  obligation under this paragraph by contracting with other

27  persons, including private sector concerns who participate in

28  the project.

29         (h)  Documentation exists that demonstrates that the

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

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

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

  2  development of the facility.

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

  4  the International Game Fish Association and is notarized

  5  according to Florida law providing for penalties for

  6  falsification.

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

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

  9  reconstruction, renovation, promotion, or operation of the

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

11  or to fund debt service reserve funds, arbitrage rebate

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

13  issued for the construction, reconstruction, or renovation of

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

15  refinancing of bonds issued for such purposes.

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

17  certifiable, the direct-support organization authorized under

18  s. 288.1229 Department of Commerce shall notify the applicant

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

20  the direct-support organization Department of Commerce shall

21  notify the executive director of the Department of Revenue and

22  the applicant of such certification by means of an official

23  letter granting certification.  From the date of such

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

25  facility to the public and notify the direct-support

26  organization Department of Commerce of such opening. The

27  Department of Revenue shall not begin distributing funds until

28  30 days following notice by the direct-support organization

29  Department of Commerce that the facility is open to the

30  public.

31

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

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

  3  section have been expended as required by this section.

  4         (6)  The direct-support organization authorized under

  5  s. 288.1229 Department of Commerce must recertify every 10

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

  7  Fish Association World Center continues to be the only

  8  international administrative headquarters, fishing museum, and

  9  Hall of Fame in the United States recognized by the

10  International Game Fish Association, and must verify annually

11  that the project is meeting the minimum projections for

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

13  original certification.  If the facility is not recertified

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

15  then funding will be abated until certification criteria are

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

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

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

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

20  numerator of which is the actual revenues generated and the

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

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

23  12-month period equal or exceed $1 million.

24         Section 24.  Section 288.1185, Florida Statutes, is

25  transferred, renumbered as section 403.7155, Florida Statutes,

26  and amended to read:

27         403.7155 288.1185  Recycling Markets Advisory

28  Committee.--

29         (1)  There is created the Recycling Markets Advisory

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

31  administratively housed in the Department of Environmental

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

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

  3  mechanism for coordination among state agencies and the

  4  private sector to coordinate policy and overall strategic

  5  planning for developing new markets and expanding and

  6  enhancing existing markets for recovered materials. The

  7  committee may not duplicate or replace agency programs, but

  8  shall enhance, coordinate, and recommend priorities for those

  9  programs.

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

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

12  has been actively engaged in the recycling industry or a

13  related business area, including the use of product packaging

14  materials, or is a local government official with a

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

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

17  Representatives, who shall serve without voting rights as an

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

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

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

21  committee.

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

23  60 days after this section takes effect.

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

25  from among the members of the committee.

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

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

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

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

30  a quorum is necessary to take official action.

31

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  1         (e)  Members of the committee shall serve without

  2  compensation but are entitled to receive reimbursement for per

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

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

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

  6  study recycled materials market development problems and

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

  8  committee members may be reimbursed for per diem and travel

  9  expenses as provided in s. 112.061.

10         (g)  The Department of Environmental Protection Office

11  of Tourism, Trade, and Economic Development shall coordinate

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

13  necessary to enable the committee to adequately carry out its

14  functions.

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

16  the Department of Environmental Protection, the Department of

17  Management Services, the Department of Agriculture and

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

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

20  serve as the recycling market development liaison for the

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

22  issues and problems related to recycling and recycled

23  materials market development. This person shall be the primary

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

25  materials market development. These liaisons shall be

26  available for committee meetings and shall work closely with

27  the committee and other recycling market development liaisons

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

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

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

31

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  1  of the person designated as the recycling market development

  2  liaison for such agency.

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

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

  5  markets and expanding and enhancing existing markets for

  6  recovered materials.

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

  8  the committee shall consider:

  9         1.  Developing new markets and expanding and enhancing

10  existing markets for recovered materials.

11         2.  Pursuing expanded end uses for recycled materials.

12         3.  Targeting materials for concentrated market

13  development efforts.

14         4.  Developing proposals for new incentives for market

15  development, particularly focusing on targeted materials.

16         5.  Providing guidance on issues such as permitting,

17  finance options for recycling market development, site

18  location, research and development, grant program criteria for

19  recycled materials markets, recycling markets education and

20  information, and minimum content.

21         6.  Coordinating the efforts of various government

22  entities with market development responsibilities.

23         7.  Evaluating the need for competitively solicited,

24  cooperative ventures in rural areas for collecting,

25  processing, marketing, and procuring collected materials.

26         8.  Evaluating source-reduced products as they relate

27  to state procurement policy.  The evaluation shall include,

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

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

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

31  process, product, or technology which significantly or

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  1  substantially reduces the volume or weight of a product while

  2  providing, at a minimum, equivalent or generally similar

  3  performance and service to and for the users of such

  4  materials.

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

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

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

  8  complete and detailed report setting forth in appropriate

  9  detail the operations and accomplishments of the committee and

10  the activities of existing agencies and programs in support of

11  the goals established by the committee, including any

12  recommendations for statutory changes.

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

14  committee, the Department of Environmental Protection Office

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

16  contract with other agencies for staff support and enter into

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

18  communication and promotion services.

19         Section 25.  Paragraphs (a) and (g) of subsection (2)

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

21         288.1223  Florida Commission on Tourism; creation;

22  purpose; membership.--

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

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

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

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

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

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

29  representatives from the statewide rental car industry, 3

30  representatives from tourist-related statewide associations,

31  including those that represent hotels, campgrounds, and

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  1  attractions, 3 representatives from county destination

  2  marketing organizations, 1 representative from the cruise

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

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

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

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

  7  member of the Senate appointed by the President of the Senate

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

  9  Speaker of the House of Representatives.

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

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

12  commission. The commission shall annually elect one of its

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

14  preside in the absence of the chair.

15         Section 26.  Paragraph (f) of subsection (5) of section

16  288.1226, Florida Statutes, is amended to read:

17         288.1226  Florida Tourism Industry Marketing

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

19  audit.--

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

21  performance of its duties:

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

23  Industry Marketing Corporation, who shall serve at the

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

25  officer of the board of directors and of the corporation and

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

27  corporation shall elect or appoint such other officers and

28  agents as its affairs shall require and allow them reasonable

29  compensation. No employee of the Florida Tourism Industry

30  Marketing Corporation may receive compensation for employment

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

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  1  board of directors and the employee have executed a contract

  2  that prescribes specific, measurable performance outcomes for

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

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

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

  6  Governor.

  7         Section 27.  Subsection (10) is added to section

  8  288.1229, Florida Statutes, to read:

  9         288.1229  Promotion and development of sports-related

10  industries and amateur athletics; direct-support organization;

11  powers and duties.--

12         (10)  The direct-support organization authorized under

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

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

15  professional golf hall of fame facility certified under s.

16  288.1168 and the level of attendance and sales tax revenue

17  associated with the facility as compared to the minimum

18  projections established at the time the facility was

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

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

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

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

23  Development on the status of the International Game Fish

24  Association World Center facility certified under s. 288.1169.

25         Section 28.  Section 288.1251, Florida Statutes, is

26  amended to read:

27         288.1251  Promotion and development of entertainment

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

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

30         (1)  CREATION.--

31

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

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

  3  of the Film and Entertainment Commissioner for the purpose of

  4  developing, marketing, promoting, and providing services to

  5  the state's entertainment industry.

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

  7  Development shall conduct a national search for a qualified

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

  9  Entertainment, and the Executive Director of the Office of

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

11  commissioner. Guidelines for selection of the Film

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

13  commissioner having the following:

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

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

16  industries to be served by the office;

17         2.  Marketing and promotion experience related to the

18  industries to be served by the office;

19         3.  Experience working with a variety of individuals

20  representing large and small entertainment-related businesses,

21  industry associations, local community entertainment industry

22  liaisons, and labor organizations; and

23         4.  Experience working with a variety of state and

24  local governmental agencies.

25         (2)  POWERS AND DUTIES.--

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

27  Entertainment Commissioner, in performance of its duties,

28  shall:

29         1.  In consultation with the Florida Film and

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

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

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  1  Office of the Film and Entertainment Commissioner in the areas

  2  of entertainment industry development, marketing, promotion,

  3  liaison services, field office administration, and

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

  5  30, 2000, shall:

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

  7         b.  Include recommendations relating to the

  8  organizational structure of the office.

  9         c.  Include an annual budget projection for the office

10  for each year of the plan.

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

12  in implementing programs for rural and urban areas designed

13  to:

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

15  industry.

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

17  entertainment industry and other state and local governmental

18  agencies, local film commissions, and labor organizations.

19         (III)  Gather statistical information related to the

20  state's entertainment industry.

21         (IV)  Provide information and service to businesses,

22  communities, organizations, and individuals engaged in

23  entertainment industry activities.

24         (V)  Administer field offices outside the state and

25  coordinate with regional offices maintained by counties and

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

27  (II), as necessary.

28         e.  Include performance standards and measurable

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

30         f.  Include an assessment of, and make recommendations

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

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  1  partnership for the purpose of contracting with such a

  2  partnership for the administration of the state's

  3  entertainment industry promotion, development, marketing, and

  4  service programs.

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

  6  relationship between state agencies and local governments in

  7  cooperation with local film commission offices for

  8  out-of-state and indigenous entertainment industry production

  9  entities.

10         3.  Implement a structured methodology prescribed for

11  coordinating activities of local offices with each other and

12  the commissioner's office.

13         4.  Represent the state's indigenous entertainment

14  industry to key decisionmakers within the national and

15  international entertainment industry, and to state and local

16  officials.

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

18  entertainment industry, including, but not limited to,

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

20  creation, talent, and economic impact and coordinate with

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

22         6.  Represent key decisionmakers within the national

23  and international entertainment industry to the indigenous

24  entertainment industry and to state and local officials.

25         7.  Serve as liaison between entertainment industry

26  producers and labor organizations.

27         8.  Identify, solicit, and recruit entertainment

28  production opportunities for the state.

29         9.  Assist rural communities and other small

30  communities in the state in developing the expertise and

31  capacity necessary for such communities to develop, market,

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

  2  industry.

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

  4  Entertainment Commissioner, in the performance of its duties,

  5  may:

  6         1.  Conduct or contract for specific promotion and

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

  8  of a statewide directory, production and maintenance of an

  9  Internet web site, establishment and maintenance of a

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

11  and appropriate cooperative marketing opportunities.

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

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

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

15  States.

16         3.  Carry out any program of information, special

17  events, or publicity designed to attract entertainment

18  industry to Florida.

19         4.  Develop relationships and leverage resources with

20  other public and private organizations or groups in their

21  efforts to publicize to the entertainment industry in this

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

23  Florida's entertainment industry talent, crew, production

24  companies, production equipment resources, related businesses,

25  and support services, including the establishment of and

26  expenditure for a program of cooperative advertising with

27  these public and private organizations and groups in

28  accordance with the provisions of chapter 120.

29         5.  Provide and arrange for reasonable and necessary

30  promotional items and services for such persons as the office

31

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  1  deems proper in connection with the performance of the

  2  promotional and other duties of the office.

  3         6.  Prepare an annual economic impact analysis on

  4  entertainment industry-related activities in the state.

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

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

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

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

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

10  Entertainment which are consistent with this or any other

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

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

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

14  the programs it administers.

15         Section 29.  Section 288.1252, Florida Statutes, is

16  amended to read:

17         288.1252  Florida Film and Entertainment Advisory

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

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

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

21  Executive Office of the Governor, for administrative purposes

22  only, the Florida Film and Entertainment Advisory Council.

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

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

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

26  and Entertainment Commissioner to provide these offices with

27  industry insight and expertise related to developing,

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

29  entertainment industry.

30         (3)  MEMBERSHIP.--

31

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

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

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

  4  Speaker of the House of Representatives, with the initial

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

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

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

  8  House of Representatives shall appoint persons who are

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

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

11  television, video, sound recording, or other entertainment

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

13  to, representatives of local film commissions, representatives

14  of entertainment associations, a representative of the

15  broadcast industry, representatives of labor organizations in

16  the entertainment industry, and board chairs, presidents,

17  chief executive officers, chief operating officers, or persons

18  of comparable executive position or stature of leading or

19  otherwise important entertainment industry businesses and

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

21  as to equitably represent the broadest spectrum of the

22  entertainment industry and geographic areas of the state.

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

24  except that the initial terms shall be staggered:

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

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

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

28         2.  The President of the Senate shall appoint one

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

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

31

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  1         3.  The Speaker of the House of Representatives shall

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

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

  4  4-year term.

  5         (d)  Subsequent appointments shall be made by the

  6  official who appointed the council member whose expired term

  7  is to be filled.

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

  9  representative of Enterprise Florida, Inc., and a

10  representative of the Florida Tourism Industry Marketing

11  Corporation shall serve as ex officio, nonvoting members of

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

13  members of the council.

14         (f)  Absence from three consecutive meetings shall

15  result in automatic removal from the council.

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

17  remainder of the unexpired term by the official who appointed

18  the vacating member.

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

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

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

22  may not serve more than two consecutive terms.

23         (4)  MEETINGS; ORGANIZATION.--

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

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

26  often as set by the council.

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

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

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

30  Commissioner shall provide staff assistance to the council,

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

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

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

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

  4  constitute a quorum.

  5         (d)  Members of the council shall serve without

  6  compensation, but shall be entitled to reimbursement for per

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

  8  in performance of their duties.

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

10  Entertainment Advisory Council shall have all the powers

11  necessary or convenient to carry out and effectuate the

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

13  limited to, the power to:

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

15  the conduct of its business.

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

17  the Film and Entertainment Commissioner on the content,

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

19  to guide the activities of the office.

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

21  the Commissioner of Film and Entertainment of the programs

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

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

24  the strategic plan.

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

26  industry for the purpose of advising the commissioner and the

27  Office of Tourism, Trade, and Economic Development.

28         (e)  Identify and make recommendations on state agency

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

30  entertainment industry or that may appear to industry

31

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  1  representatives as an official state or local action affecting

  2  production in the state.

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

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

  5  Development.

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

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

  8  request or upon its own initiative, regarding the

  9  promulgation, administration, and enforcement of all laws and

10  rules relating to the entertainment industry.

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

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

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

14  and Economic Development that will improve internal operations

15  affecting the entertainment industry and will enhance the

16  economic development initiatives of the state for the

17  industry.

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

19  commissions, departments, or other agencies of municipal,

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

21         Section 30.  Section 288.1253, Florida Statutes, is

22  amended to read:

23         288.1253  Travel and entertainment expenses.--

24         (1)  As used in this section:

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

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

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

28  Entertainment Commissioner in connection with the performance

29  of its statutory duties, including persons or representatives

30  of entertainment industry companies considering location,

31

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  1  relocation, or expansion of an entertainment industry business

  2  within the state.

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

  4  necessary, and reasonable costs of providing hospitality for

  5  business clients or guests, which costs are defined and

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

  7  and Economic Development, subject to approval by the

  8  Comptroller.

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

10  official or state employee, authorized by the Office of

11  Tourism, Trade, and Economic Development to receive the

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

13  Entertainment Commissioner in connection with the performance

14  of its statutory duties.

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

16  reasonable costs of transportation, meals, lodging, and

17  incidental expenses normally incurred by a traveler, which

18  costs are defined and prescribed by rules adopted by the

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

20  approval by the Comptroller.

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

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

23  rules by which it may make expenditures by advancement or

24  reimbursement, or a combination thereof, to:

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

26  staff of the Governor or Lieutenant Governor, the Film

27  Commissioner of Film and Entertainment, or staff of the

28  Governor's Office of the Film and Entertainment Commissioner

29  for travel expenses or entertainment expenses incurred by such

30  individuals solely and exclusively in connection with the

31

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

  2  of the Film and Entertainment Commissioner.

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

  4  staff of the Governor or Lieutenant Governor, the Film

  5  Commissioner of Film and Entertainment, or staff of the

  6  Governor's Office of the Film and Entertainment Commissioner

  7  for travel expenses or entertainment expenses incurred by such

  8  individuals on behalf of guests, business clients, or

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

10  exclusively in connection with the performance of the

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

12  Entertainment Commissioner.

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

14  entertainment expenses of guests, business clients, or

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

16  solely and exclusively while such persons are participating in

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

18  the Film and Entertainment Commissioner in connection with

19  that office's statutory duties.

20

21  The rules shall be subject to approval by the Comptroller

22  prior to promulgation.  The rules shall require the submission

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

24  the Comptroller, with any claim for reimbursement and shall

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

26  agreement to submit paid receipts or other proof of

27  expenditure and to refund any unused portion of the

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

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

30  10 working days after the traveler's return to headquarters.

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

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

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

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

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

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

  6  obtained pursuant to this section shall not be commingled with

  7  any other state funds.

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

  9  Development shall prepare an annual report of the expenditures

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

11  Commissioner and provide such report to the Legislature no

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

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

14  summary of all travel, entertainment, and incidental expenses

15  incurred within the United States and all travel,

16  entertainment, and incidental expenses incurred outside the

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

18  that developed from such travel.

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

20  Entertainment Commissioner and its employees and

21  representatives, when authorized, may accept and use

22  complimentary travel, accommodations, meeting space, meals,

23  equipment, transportation, and any other goods or services

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

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

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

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

28  develop internal controls to ensure that such goods or

29  services accepted or used pursuant to this subsection are

30  limited to those that will assist solely and exclusively in

31

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

  2  with part III of chapter 112.

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

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

  5  officer authorized to administer oaths, but any claim

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

  7  section shall contain a statement that the expenses were

  8  actually incurred as necessary travel or entertainment

  9  expenses in the performance of official duties of the

10  Governor's Office of the Film and Entertainment Commissioner

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

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

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

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

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

16  counsels or advises with respect to, the preparation or

17  presentation of a claim pursuant to this section that is

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

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

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

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

22  775.082 or s. 775.083. Whoever receives an advancement or

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

24  the amount of the overpayment, for the reimbursement of the

25  public fund from which the claim was paid.

26         Section 31.  Subsections (2), (7), and (11) of section

27  288.901, Florida Statutes, are amended to read:

28         288.901  Enterprise Florida, Inc.; creation;

29  membership; organization; meetings; disclosure.--

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

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

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  1  in Leon County. The Department of Management Services may

  2  establish a lease agreement program under which Enterprise

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

  4  1996, is employed by the Department of Commerce or who, as of

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

  6  Governor and has responsibilities specifically in support of

  7  the Workforce Development Board established under s. 288.9952

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

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

10  direct supervision of Enterprise Florida, Inc. Retention of

11  state employee status shall include the right to participate

12  in the Florida Retirement System. The Department of Management

13  Services shall establish the terms and conditions of such

14  lease agreements.

15         (7)  The Governor or the Governor's designee, who must

16  be from the public sector, shall serve as chairperson of the

17  board of directors.  The board of directors shall biennially

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

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

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

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

22  board of directors, and the official seal of Enterprise

23  Florida, Inc.

24         (11)  Notwithstanding the provisions of subsection (3),

25  the board of directors may by resolution appoint at-large

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

27  serve a 1-year term.  At-large members shall not have voting

28  authority, nor may they have the powers and duties of other

29  members of the board, except that they may not serve on an

30  executive committee.  An at-large member is eligible for

31  reappointment but may not vote on his or her own

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

  2  vacancies occurring among private-sector appointees under

  3  subsection (3).

  4         Section 32.  Subsection (2) of section 288.9015,

  5  Florida Statutes, is amended to read:

  6         288.9015  Enterprise Florida, Inc.; purpose; duties.--

  7         (2)  It shall be the responsibility of Enterprise

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

  9  communities and distressed urban communities as locations for

10  potential new investment, to aggressively assist in the

11  retention and expansion of existing businesses in these

12  communities, and to aggressively assist these communities in

13  the identification and development of new economic development

14  opportunities for job creation. Enterprise Florida, Inc.,

15  shall use and promote existing state programs to facilitate

16  the location of new investment, the retention and expansion of

17  existing businesses, and the identification and development of

18  new economic development opportunities for job creation. Such

19  programs include, but are not limited to: the Community

20  Contribution Tax Credit Program, as provided in ss. 220.183

21  and 624.5105; the Urban High-Crime Area Job Tax Credit Program

22  as provided in ss. 212.097 and 220.1895; the Rural Job Tax

23  Credit Program as provided in ss. 212.098 and 220.1895; and

24  the state incentives available in enterprise zones as provided

25  in s. 290.007.

26         Section 33.  Section 288.980, Florida Statutes, is

27  amended to read:

28         288.980  Military base retention; legislative intent;

29  grants program.--

30         (1)(a)  It is the intent of this state to provide the

31  necessary means to assist communities with military

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  1  installations that would be adversely affected by federal base

  2  realignment or closure actions. It is further the intent to

  3  encourage communities to initiate a coordinated program of

  4  response and plan of action in advance of future actions of

  5  the federal Base Realignment and Closure Commission. It is

  6  critical that closure-vulnerable communities develop such a

  7  program to preserve affected military installations. The

  8  Legislature hereby recognizes that the state needs to

  9  coordinate all efforts that can facilitate the retention of

10  all remaining military installations in the state. The

11  Legislature, therefore, declares that providing such

12  assistance to support the defense-related initiatives within

13  this section is a public purpose for which public money may be

14  used.

15         (b)  The Florida Defense Alliance, an organization

16  within Enterprise Florida, is designated as the organization

17  to ensure that Florida, its resident military bases and

18  missions, and its military host communities are in competitive

19  positions as the United States continues its defense

20  realignment and downsizing. The defense alliance shall serve

21  as an overall advisory body for Enterprise Florida

22  defense-related activity. The Florida Defense Alliance may

23  receive funding from appropriations made for that purpose to

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

25  Development and administered by Enterprise Florida, Inc.

26         (2)(a)  The Office of Tourism, Trade, and Economic

27  Development is authorized to award grants based upon the

28  recommendation of Enterprise Florida, Inc., and for

29  administration by Enterprise Florida, Inc., from any funds

30  available to it to support activities related to the retention

31

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  1  of military installations potentially affected by federal base

  2  closure or realignment.

  3         (b)  The term "activities" as used in this section

  4  means studies, presentations, analyses, plans, and modeling.

  5  Staff salaries are not considered an "activity" for which

  6  grant funds may be awarded. Travel costs and costs incidental

  7  thereto incurred by a grant recipient shall be considered an

  8  "activity" for which grant funds may be awarded.

  9         (c)  Except for grants issued pursuant to the Florida

10  Military Installation Reuse Planning and Marketing Grant

11  Program as described in paragraph (3)(c), the amount of any

12  grant provided to an applicant may not exceed $250,000. In

13  making recommendations to the Office of Tourism, Trade, and

14  Economic Development, Enterprise Florida, Inc., shall require

15  that an applicant:

16         1.  Represent a local government with a military

17  installation or military installations that could be adversely

18  affected by federal base realignment or closure.

19         2.  Agree to match at least 30 percent of any grant

20  awarded.

21         3.  Prepare a coordinated program or plan of action

22  delineating how the eligible project will be administered and

23  accomplished.

24         4.  Provide documentation describing the potential for

25  realignment or closure of a military installation located in

26  the applicant's community and the adverse impacts such

27  realignment or closure will have on the applicant's community.

28         (d)  In making recommendations for grant awards,

29  Enterprise Florida, Inc., the office shall consider, at a

30  minimum, the following factors:

31

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  1         1.  The relative value of the particular military

  2  installation in terms of its importance to the local and state

  3  economy relative to other military installations vulnerable to

  4  closure.

  5         2.  The potential job displacement within the local

  6  community should the military installation be closed.

  7         3.  The potential adverse impact on industries and

  8  technologies which service the military installation.

  9         (3)  The Florida Economic Reinvestment Initiative is

10  established to respond to the need for this state and

11  defense-dependent communities in this state to develop

12  alternative economic diversification strategies to lessen

13  reliance on national defense dollars in the wake of base

14  closures and reduced federal defense expenditures and the need

15  to formulate specific base reuse plans and identify any

16  specific infrastructure needed to facilitate reuse. The

17  initiative shall consist of the following three distinct grant

18  programs to be administered by Enterprise Florida, Inc. the

19  Office of Tourism, Trade, and Economic Development:

20         (a)  The Florida Defense Planning Grant Program,

21  through which funds shall be used to analyze the extent to

22  which the state is dependent on defense dollars and defense

23  infrastructure and prepare alternative economic development

24  strategies.  The state shall work in conjunction with

25  defense-dependent communities in developing strategies and

26  approaches that will help communities make the transition from

27  a defense economy to a nondefense economy. Grant awards may

28  not exceed $250,000 per applicant and shall be available on a

29  competitive basis.

30         (b)  The Florida Defense Implementation Grant Program,

31  through which funds shall be made available to

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  1  defense-dependent communities to implement the diversification

  2  strategies developed pursuant to paragraph (a). Eligible

  3  applicants include defense-dependent counties and cities, and

  4  local economic development councils located within such

  5  communities.  Grant awards may not exceed $100,000 per

  6  applicant and shall be available on a competitive basis.

  7  Awards shall be matched on a one-to-one basis.

  8         (c)  The Florida Military Installation Reuse Planning

  9  and Marketing Grant Program, through which funds shall be used

10  to help counties, cities, and local economic development

11  councils develop and implement plans for the reuse of closed

12  or realigned military installations, including any necessary

13  infrastructure improvements needed to facilitate reuse and

14  related marketing activities.

15

16  Applications for grants under this subsection must include a

17  coordinated program of work or plan of action delineating how

18  the eligible project will be administered and accomplished,

19  which must include a plan for ensuring close cooperation

20  between civilian and military authorities in the conduct of

21  the funded activities and a plan for public involvement. The

22  director of the Office of Tourism, Trade, and Economic

23  Development shall make the final decision on all grant awards.

24         (4)(a)  The Defense-Related Business Adjustment Program

25  is hereby created.  Enterprise Florida, Inc., The Director of

26  the Office of Tourism, Trade, and Economic Development shall

27  coordinate the development of the Defense-Related Business

28  Adjustment Program.  Funds shall be available to assist

29  defense-related companies in the creation of increased

30  commercial technology development through investments in

31  technology.  Such technology must have a direct impact on

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  1  critical state needs for the purpose of generating

  2  investment-grade technologies and encouraging the partnership

  3  of the private sector and government defense-related business

  4  adjustment.  The following areas shall receive precedence in

  5  consideration for funding commercial technology development:

  6  law enforcement or corrections, environmental protection,

  7  transportation, education, and health care.  Travel and costs

  8  incidental thereto, and staff salaries, are not considered an

  9  "activity" for which grant funds may be awarded.

10         (b)  In making recommendations to the Office of

11  Tourism, Trade, and Economic Development for grant awards,

12  Enterprise Florida, Inc., The office shall require that an

13  applicant:

14         1.  Be a defense-related business that could be

15  adversely affected by federal base realignment or closure or

16  reduced defense expenditures.

17         2.  Agree to match at least 50 percent of any funds

18  awarded by the department in cash or in-kind services.  Such

19  match shall be directly related to activities for which the

20  funds are being sought.

21         3.  Prepare a coordinated program or plan delineating

22  how the funds will be administered.

23         4.  Provide documentation describing how

24  defense-related realignment or closure will adversely impact

25  defense-related companies.

26         (5)  The Retention of Military Installations Program is

27  created. The Director of the Office of Tourism, Trade, and

28  Economic Development shall coordinate and implement this

29  program. The sum of $1.2 million is appropriated from the

30  General Revenue Fund for fiscal year 1999-2000 to the Office

31  of Tourism, Trade, and Economic Development to implement this

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  1  program for military installations located in counties with a

  2  population greater than 824,000. The funds shall be used to

  3  assist military installations potentially affected by federal

  4  base closure or realignment in covering current operating

  5  costs in an effort to retain the installation in this state.

  6  An eligible military installation for this program shall

  7  include a provider of simulation solutions for war-fighting

  8  experimentation, testing, and training which employs at least

  9  500 civilian and military employees and has been operating in

10  the state for a period of more than 10 years.

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

12  Economic Development may award nonfederal matching funds

13  specifically appropriated for construction, maintenance, and

14  analysis of a Florida defense workforce database. Such funds

15  will be used to create a registry of worker skills that can be

16  used to match the worker needs of companies that are

17  relocating to this state or to assist workers in relocating to

18  other areas within this state where similar or related

19  employment is available.

20         (7)  Payment of administrative expenses shall be

21  limited to no more than 10 percent of any grants issued

22  pursuant to this section.

23         (8)  Enterprise Florida, Inc., The Office of Tourism,

24  Trade, and Economic Development shall develop establish

25  guidelines to implement and carry out the purpose and intent

26  of this section. The Office of Tourism, Trade, and Economic

27  Development must approve the guidelines before their

28  implementation.

29         Section 34.  Subsections (7), (8), and (12), paragraph

30  (h) of subsection (10), and paragraph (b) of subsection (14)

31  of section 288.99, Florida Statutes, are amended to read:

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  1         288.99  Certified Capital Company Act.--

  2         (7)  ANNUAL TAX CREDIT; MAXIMUM AMOUNT; ALLOCATION

  3  PROCESS.--

  4         (a)  The total amount of tax credits which may be

  5  allocated by the office or the department shall not exceed

  6  $150 million. The total amount of tax credits which may be

  7  used by certified investors under this act shall not exceed

  8  $15 million annually.

  9         (b)  The office shall be responsible for allocating

10  premium tax credits as provided for in this act to certified

11  capital companies.

12         (c)  Each certified capital company must apply to the

13  office for an allocation of premium tax credits for potential

14  certified investors by March 15, 1999, on a form developed by

15  the office with the cooperation of the Department of Revenue.

16  The form shall be accompanied by an affidavit from each

17  potential certified investor confirming that the potential

18  certified investor has agreed to make an investment of

19  certified capital in a certified capital company up to a

20  specified amount, subject only to the receipt of a premium tax

21  credit allocation pursuant to this subsection. No allocation

22  shall be made to the potential investors of a certified

23  capital company unless such certified capital company has

24  filed premium tax allocation claims that would result in an

25  allocation to the potential investors in such certified

26  capital company of not less than $15 million in the aggregate.

27         (d)  On or before April 1, 1999, the office shall

28  inform each certified capital company of its share of total

29  premium tax credits available for allocation to each of its

30  potential investors.

31

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  1         (e)  If a certified capital company does not receive

  2  certified capital equaling the amount of premium tax credits

  3  allocated to a potential certified investor for which the

  4  investor filed a premium tax allocation claim within 10

  5  business days after the investor received a notice of

  6  allocation, the certified capital company shall notify the

  7  department office by overnight common carrier delivery service

  8  of the company's failure to receive the capital.  That portion

  9  of the premium tax credits allocated to the certified capital

10  company shall be forfeited.  If the department office must

11  make a pro rata allocation under paragraph (f), the department

12  office shall reallocate such available credits among the other

13  certified capital companies on the same pro rata basis as the

14  initial allocation.

15         (f)  If the total amount of capital committed by all

16  certified investors to certified capital companies in premium

17  tax allocation claims exceeds the aggregate cap on the amount

18  of credits that may be awarded, the premium tax credits that

19  may be allowed to any one certified investor shall be

20  allocated using the following ratio:

21

22                       A/B = X/$150,000,000

23

24  where the letter "A" represents the total amount of certified

25  capital certified investors have agreed to invest in any one

26  certified capital company, the letter "B" represents the

27  aggregate amount of certified capital that all certified

28  investors have agreed to invest in all certified capital

29  companies, the letter "X" is the numerator and represents the

30  total amount of premium tax credits and certified capital that

31  may be allocated to a certified capital company in calendar

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  1  year 1999, and $150 million is the denominator and represents

  2  the total amount of premium tax credits and certified capital

  3  that may be allocated to all certified investors in calendar

  4  year 1999. Any such premium tax credits are not first

  5  available for utilization until annual filings are made in

  6  2001 for calendar year 2000, and the tax credits may be used

  7  at a rate not to exceed 10 percent annually.

  8         (g)  The maximum amount of certified capital for which

  9  premium tax allocation claims may be filed on behalf of any

10  certified investor and its affiliates by one or more certified

11  companies may not exceed $15 million.

12         (h)  To the extent that less than $150 million in

13  certified capital is raised in connection with the procedure

14  set forth in paragraphs (c)-(g), the department may adopt

15  rules to allow a subsequent allocation of the remaining

16  premium tax credits authorized under this section.

17         (8)  ANNUAL TAX CREDIT; CLAIM PROCESS.--

18         (a)  On an annual basis, on or before December 31, each

19  certified capital company shall file with the department and

20  the office, in consultation with the department, on a form

21  prescribed by the department office, for each calendar year:

22         1.  The total dollar amount the certified capital

23  company received from certified investors, the identity of the

24  certified investors, and the amount received from each

25  certified investor during the calendar year.

26         2.  The total dollar amount the certified capital

27  company invested and the amount invested in qualified

28  businesses, together with the identity and location of those

29  businesses and the amount invested in each qualified business.

30         3.  For informational purposes only, the total number

31  of permanent, full-time jobs either created or retained by the

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  1  qualified business during the calendar year, the average wage

  2  of the jobs created or retained, the industry sectors in which

  3  the qualified businesses operate, and any additional capital

  4  invested in qualified businesses from sources other than

  5  certified capital companies.

  6         (b)  The form shall be verified by one or more

  7  principals of the certified capital company submitting the

  8  form.  Verification shall be accomplished as provided in s.

  9  92.525(1)(b) and subject to the provisions of s. 92.525(3).

10         (c)  The department office shall review the form, and

11  any supplemental documentation, submitted by each certified

12  capital company for the purpose of verifying:

13         1.  That the businesses in which certified capital has

14  been invested by the certified capital company are in fact

15  qualified businesses, and that the amount of certified capital

16  invested by the certified capital company is as represented in

17  the form.

18         2.  The amount of certified capital invested in the

19  certified capital company by the certified investors.

20         3.  The amount of premium tax credit available to

21  certified investors.

22         (d)  The Department of Revenue is authorized to audit

23  and examine the accounts, books, or records of certified

24  capital companies and certified investors for the purpose of

25  ascertaining the correctness of any report and financial

26  return which has been filed, and to ascertain a certified

27  capital company's compliance with the tax-related provisions

28  of this act.

29         (e)  This subsection shall take effect January 1, 1999.

30         (10)  DECERTIFICATION.--

31

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  1         (h)  The department office shall send written notice to

  2  the address of each certified investor whose premium tax

  3  credit has been subject to recapture or forfeiture, using the

  4  address last shown on the last premium tax filing.

  5         (12)  REPORTING REQUIREMENTS.--The department office

  6  shall report annually on an annual basis to the Governor, the

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

  8  Representatives on or before April 1:

  9         (a)  The total dollar amount each certified capital

10  company received from all certified investors and any other

11  investor, the identity of the certified investors, and the

12  total amount of premium tax credit used by each certified

13  investor for the previous calendar year.

14         (b)  The total dollar amount invested by each certified

15  capital company and that portion invested in qualified

16  businesses, the identity and location of those businesses, the

17  amount invested in each qualified business, and the total

18  number of permanent, full-time jobs created or retained by

19  each qualified business.

20         (c)  The return for the state as a result of the

21  certified capital company investments, including the extent to

22  which:

23         1.  Certified capital company investments have

24  contributed to employment growth.

25         2.  The wage level of businesses in which certified

26  capital companies have invested exceed the average wage for

27  the county in which the jobs are located.

28         3.  The investments of the certified capital companies

29  in qualified businesses have contributed to expanding or

30  diversifying the economic base of the state.

31         (14)  RULEMAKING AUTHORITY.--

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  1         (b)  The department office may adopt any rules

  2  necessary to carry out its duties, obligations, and powers

  3  related to the administration, review, and reporting

  4  provisions of this section and may perform any other acts

  5  necessary for the proper administration and enforcement of

  6  such duties, obligations, and powers.

  7         Section 35.  Section 290.004, Florida Statutes, is

  8  amended to read:

  9         290.004  Definitions.--As used in ss. 290.001-290.016:

10         (1)  "Community investment corporation" means a black

11  business investment corporation, a certified development

12  corporation, a small business investment corporation, or other

13  similar entity incorporated under Florida law that has limited

14  its investment policy to making investments solely in minority

15  business enterprises.

16         (2)  "Department" means the Department of Commerce.

17         (2)(3)  "Director" means the director of the Office of

18  Tourism, Trade, and Economic Development.

19         (3)(4)  "Governing body" means the council or other

20  legislative body charged with governing the county or

21  municipality.

22         (4)(5)  "Interagency coordinating council" means the

23  Enterprise Zone Interagency Coordinating Council created

24  pursuant to s. 290.009.

25         (5)(6)  "Minority business enterprise" has the same

26  meaning as in s. 288.703.

27         (6)(7)  "Office" means the Office of Tourism, Trade,

28  and Economic Development.

29         (7)  "Rural enterprise zone" means an enterprise zone

30  that is nominated by a county having a population of 75,000 or

31  fewer, or a county having a population of 100,000 or fewer

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  1  which is contiguous to a county having a population of 75,000

  2  or fewer, or by a municipality in such a county, or by such a

  3  county and one or more municipalities. An enterprise zone

  4  designated in accordance with s. 370.28 shall be considered a

  5  rural enterprise zone.

  6         (8)  "Secretary" means the Secretary of Commerce.

  7         (8)(9)  "Small business" has the same meaning as in s.

  8  288.703.

  9         Section 36.  Subsections (11) and (12) of section

10  290.0056, Florida Statutes, are amended to read:

11         290.0056  Enterprise zone development agency.--

12         (11)  Prior to December 1 of each year, the agency

13  shall submit to Enterprise Florida, Inc., the Office of

14  Tourism, Trade, and Economic Development a complete and

15  detailed written report setting forth:

16         (a)  Its operations and accomplishments during the

17  fiscal year.

18         (b)  The accomplishments and progress concerning the

19  implementation of the strategic plan.

20         (c)  The number and type of businesses assisted by the

21  agency during the fiscal year.

22         (d)  The number of jobs created within the enterprise

23  zone during the fiscal year.

24         (e)  The usage and revenue impact of state and local

25  incentives granted during the calendar year.

26         (f)  Any other information required by Enterprise

27  Florida, Inc. the office.

28         (12)  In the event that the nominated area selected by

29  the governing body is not designated a state enterprise zone,

30  the governing body may dissolve the agency after receiving

31

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  1  notification from the department or the office that the area

  2  was not designated as an enterprise zone.

  3         Section 37.  Subsection (5) of section 290.0058,

  4  Florida Statutes, is amended to read:

  5         290.0058  Tests of pervasive poverty, unemployment, and

  6  general distress.--

  7         (5)  In making the calculations required by this

  8  section, the local government and Enterprise Florida, Inc.,

  9  the department shall round all fractional percentages of

10  one-half percent or more up to the next highest whole

11  percentage figure.

12         Section 38.  Subsections (1), (4), (5), (6), (7), and

13  (9) of section 290.0065, Florida Statutes, are amended to

14  read:

15         290.0065  State designation of enterprise zones.--

16         (1)  Upon application to Enterprise Florida, Inc., of

17  the governing body of a county or municipality or of a county

18  and one or more municipalities jointly pursuant to s.

19  290.0055, Enterprise Florida, Inc. the department, in

20  consultation with the interagency coordinating council, shall

21  determine which areas nominated by such governing bodies meet

22  the criteria outlined in s. 290.0055 and are the most

23  appropriate for recommendation to the director of the Office

24  of Tourism, Trade, and Economic Development for designation as

25  state enterprise zones. The office department is authorized to

26  designate up to 5 areas within each of the categories

27  established in subparagraphs (3)(a)1., 2., 3., 4., and 5.,

28  except that the office department may only designate a total

29  of 20 areas as enterprise zones. The office department shall

30  not designate more than three enterprise zones in any one

31  county. All designations, including any provision for

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  1  redesignations, of state enterprise zones pursuant to this

  2  section shall be effective July 1, 1995.

  3         (4)(a)  Notwithstanding s. 290.0055, any area existing

  4  as a state enterprise zone as of the effective date of this

  5  section and originally approved through a joint application

  6  from a county and municipality, or through an application from

  7  a county as defined in s. 125.011(1), shall be redesignated as

  8  a state enterprise zone upon the creation of an enterprise

  9  zone development agency pursuant to s. 290.0056 and the

10  completion of a strategic plan pursuant to s. 290.0057.  Any

11  area redesignated pursuant to this subsection, other than an

12  area located in a county defined in s. 125.011(1), may be

13  relocated or modified by the appropriate governmental bodies.

14  Such relocation or modification shall be identified in the

15  strategic plan and shall meet the requirements for designation

16  as established by s. 290.005. Any relocation or modification

17  shall be submitted on or before June 1, 1996.

18         (b)  The office department shall place any area

19  designated as a state enterprise zone pursuant to this

20  subsection in the appropriate category established in

21  subsection (3), and include such designations within the

22  limitations on state enterprise zone designations set out in

23  subsection (1).

24         (c)  Any county or municipality having jurisdiction

25  over an area designated as a state enterprise zone pursuant to

26  this subsection, other than a county defined by s. 125.011(1),

27  may not apply for designation of another area.

28         (5)  Notwithstanding s. 290.0055, an area designated as

29  a federal empowerment zone or enterprise community pursuant to

30  Title XIII of the Omnibus Budget Reconciliation Act of 1993,

31  the Taxpayer Relief Act of 1997, or the 1999 Agricultural

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  1  Appropriations Act shall be designated a state enterprise zone

  2  as follows:

  3         (a)  An area designated as an urban empowerment zone or

  4  urban enterprise community pursuant to Title XIII of the

  5  Omnibus Budget Reconciliation Act of 1993 or the Taxpayer

  6  Relief Act of 1997 shall be designated a state enterprise zone

  7  by the office department upon completion of the requirements

  8  set out in paragraph (d), except in the case of a county as

  9  defined in s. 125.011(1) which, notwithstanding s. 290.0055,

10  may incorporate and include such designated urban empowerment

11  zone or urban enterprise community areas within the boundaries

12  of its state enterprise zones without any limitation as to

13  size.

14         (b)  An area designated as a rural empowerment zone or

15  rural enterprise community pursuant to Title XIII of the

16  Omnibus Budget Reconciliation Act of 1993 or the 1999

17  Agricultural Appropriations Act shall be designated a state

18  enterprise zone by the office department upon completion of

19  the requirements set out in paragraph (d).

20         (c)  Any county or municipality having jurisdiction

21  over an area designated as a state enterprise zone pursuant to

22  this subsection, other than a county defined in s. 125.011(1),

23  may not apply for designation of another area.

24         (d)  Prior to recommending that the office designate

25  designating such areas as state enterprise zones, Enterprise

26  Florida, Inc., the department shall ensure that the governing

27  body having jurisdiction over the zone submits the strategic

28  plan required pursuant to 7 C.F.R. part 25 or 24 C.F.R. part

29  597 to Enterprise Florida, Inc. the department, and creates an

30  enterprise zone development agency pursuant to s. 290.0056.

31

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  1         (e)  The office department shall place any area

  2  designated as a state enterprise zone pursuant to this

  3  subsection in the appropriate category established in

  4  subsection (3), and include such designations within the

  5  limitations on state enterprise zone designations set out in

  6  subsection (1).

  7         (6)(a)  The office department, in consultation with

  8  Enterprise Florida, Inc., and the interagency coordinating

  9  council, may develop guidelines shall promulgate any rules

10  necessary for the approval of areas under this section by the

11  director secretary.

12         (b)  Such guidelines may rules shall provide for the

13  measurement of pervasive poverty, unemployment, and general

14  distress using the criteria outlined by s. 290.0058.

15         (c)  Such guidelines may rules shall provide for the

16  evaluation of the strategic plan and local fiscal and

17  regulatory incentives for effectiveness, including how the

18  following key principles will be implemented by the governing

19  body or bodies:

20         1.  Economic opportunity, including job creation within

21  the community and throughout the region, as well as

22  entrepreneurial initiatives, small business expansion, and

23  training for jobs that offer upward mobility.

24         2.  Sustainable community development that advances the

25  creation of livable and vibrant communities through

26  comprehensive approaches that coordinate economic, physical,

27  community, and human development.

28         3.  Community-based partnerships involving the

29  participation of all segments of the community.

30         4.  Strategic vision for change that identifies how the

31  community will be revitalized. This vision should include

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  1  methods for building on community assets and coordinate a

  2  response to community needs in a comprehensive fashion. This

  3  vision should provide goals and performance benchmarks for

  4  measuring progress and establish a framework for evaluating

  5  and adjusting the strategic plan.

  6         5.  Local fiscal and regulatory incentives enacted

  7  pursuant to s. 290.0057(1)(e). These incentives should induce

  8  economic revitalization, including job creation and small

  9  business expansion.

10         (d)  Such guidelines may rules shall provide methods

11  for evaluating the prospects for new investment and economic

12  development in the area, including a review and evaluation of

13  any previous state enterprise zones located in the area.

14         (7)  Upon approval by the director secretary of a

15  resolution authorizing an area to be an enterprise zone

16  pursuant to this section, the office department shall assign a

17  unique identifying number to that resolution. The office

18  department shall provide the Department of Revenue and

19  Enterprise Florida, Inc., with a copy of each resolution

20  approved, together with its identifying number.

21         (9)  Upon recommendation by Enterprise Florida, Inc.,

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

23  amend the boundaries of any enterprise zone designated by the

24  state pursuant to this section, consistent with the

25  categories, criteria, and limitations imposed in this section

26  upon the establishment of such enterprise zone and only if

27  consistent with the determinations made in s. 290.0058(2).

28         Section 39.  Subsection (1) of section 290.0066,

29  Florida Statutes, is amended to read:

30         290.0066  Revocation of enterprise zone designation.--

31

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  1         (1)  Upon recommendation by Enterprise Florida, Inc.,

  2  the director may revoke the designation of an enterprise zone

  3  if Enterprise Florida, Inc., the director determines that the

  4  governing body or bodies:

  5         (a)  Have failed to make progress in achieving the

  6  benchmarks set forth in the strategic plan; or

  7         (b)  Have not complied substantially with the strategic

  8  plan.

  9         Section 40.  Section 290.00675, Florida Statutes, is

10  amended to read:

11         290.00675  Amendment of certain enterprise zone

12  boundaries.--Notwithstanding any other provisions of law, upon

13  recommendation by Enterprise Florida, Inc., the Office of

14  Tourism, Trade, and Economic Development may amend the

15  boundaries of an area designated as an enterprise zone in a

16  community having a population of 235,000 persons but less than

17  245,000, so long as the area does not increase the overall

18  size of the zone by greater than 25 acres and the increased

19  area is contiguous to the existing enterprise zone. The

20  amendment must also be consistent with the limitations imposed

21  by s. 290.0055 upon establishment of the enterprise zone.

22         Section 41.  Section 290.00676, Florida Statutes, is

23  created to read:

24         290.00676  Amendment of rural enterprise zone

25  boundaries.--Notwithstanding any other provision of law, upon

26  recommendation by Enterprise Florida, Inc., the Office of

27  Tourism, Trade, and Economic Development may amend the

28  boundaries of a rural enterprise zone. For purposes of

29  boundary amendments, an enterprise zone designated under s.

30  370.28 shall be considered a rural enterprise zone and is

31  eligible for amendment of its boundaries. Boundary amendments

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  1  authorized by this section are subject to the following

  2  requirements:

  3         (1)  The amendment may increase the size of the rural

  4  enterprise zone to 15 square miles.

  5         (2)  The amendment may increase the number of

  6  noncontiguous areas by one, if that noncontiguous area has

  7  zero population. For purposes of this subsection, the

  8  pervasive poverty criteria may be set aside for the addition

  9  of a noncontiguous parcel.

10         (3)  The local enterprise zone development agency must

11  request the amendment from Enterprise Florida, Inc., prior to

12  December 30, 2000. The request must contain maps and

13  sufficient information to allow the office to determine the

14  number of noncontiguous areas and the total size of the rural

15  enterprise zone.

16         Section 42.  Section 290.00677, Florida Statutes, is

17  created to read:

18         290.00677  Rural enterprise zones; special

19  qualifications.--

20         (1)  Notwithstanding the enterprise zone residency

21  requirements set out in ss. 212.096(1)(c) and 220.03(1)(q),

22  businesses located in rural enterprise zones may receive the

23  credit provided under s. 212.096 or s. 220.181 for hiring any

24  person within the jurisdiction of a rural county, as defined

25  by s. 288.106(2)(r). All other provisions of ss. 212.096,

26  220.03(1)(q), and 220.181 apply to such businesses.

27         (2)  Notwithstanding the requirement specified in ss.

28  212.08(5)(g)5., (5)(h)5., and (15)(a), 212.096(2)(b)1.,

29  220.181(1)(a)1., and 220.182(1)(b) that no less than 20

30  percent of a business's employees, excluding temporary and

31  part-time employees, must be residents of an enterprise zone

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  1  for the business to qualify for the maximum exemption or

  2  credit provided in ss. 212.08(5)(g) and (h) and (15),

  3  212.096(2)(b)1., 220.181(1)(a)1., and 220.182, a business that

  4  is located in a rural enterprise zone shall be qualified for

  5  those maximum exemptions or credits if no less than 20 percent

  6  of such employees of the business are residents of a rural

  7  county, as defined by s. 288.106(2)(r). All other provisions

  8  of ss. 212.08(5)(g) and (h) and (15), 212.096, 220.181, and

  9  220.182 apply to such business.

10         (3)  Notwithstanding the time limitations contained in

11  chapters 212 and 220, a business eligible to receive tax

12  credits under this section from January 1, 2000, to June 1,

13  2000, must submit an application for the tax credits by

14  December 1, 2000. All other requirements of the enterprise

15  zone program apply to such a business.

16         Section 43.  Section 290.00689, Florida Statutes, is

17  amended to read:

18         290.00689  Designation of enterprise zone pilot project

19  area.--

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

21  Development shall designate one pilot project area within one

22  state enterprise zone. The Office of Tourism, Trade, and

23  Economic Development shall select a pilot project area by July

24  1, 1999, which meets the following qualifications:

25         (a)  The area is contained within an enterprise zone

26  that is composed of one contiguous area and is placed in the

27  category delineated in s. 290.0065(3)(a)1.

28         (b)  The local government having jurisdiction over the

29  enterprise zone grants economic development ad valorem tax

30  exemptions in the enterprise zone pursuant to s. 196.1995, and

31

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  1  electrical energy public service tax exemptions pursuant to s.

  2  166.231(8).

  3         (c)  The local government having jurisdiction over the

  4  enterprise zone has developed a plan for revitalizing the

  5  pilot project area or for revitalizing an area within the

  6  enterprise zone that contains the pilot project area, and has

  7  committed at least $5 million to redevelop an area including

  8  the pilot project area.

  9         (d)  The pilot project area is contiguous and is

10  limited to no more than 70 acres, or equivalent square miles,

11  to avoid a dilution of additional state assistance and

12  effectively concentrate these additional resources on

13  revitalizing the acute area of economic distress.

14         (e)  The pilot project area contains a diverse cluster

15  or grouping of facilities or space for a mix of retail,

16  restaurant, or service related businesses necessary to an

17  overall revitalization of surrounding neighborhoods through

18  community involvement, investment, and enhancement of

19  employment markets.

20         (2)(a)  Beginning December 1, 1999, no more than four

21  businesses located within the pilot project area are eligible

22  for a credit against any tax due for a taxable year under

23  chapters 212 and 220.

24         (b)  The credit shall be computed as $5,000 times the

25  number of full-time employees of the business and $2,500 times

26  the number of part-time employees of the business. For

27  purposes of this section, a person shall be deemed to be

28  employed by such a business on a full-time basis if the person

29  performs duties in connection with the operations of the

30  business for an average of at least 36 hours per week each

31  month, or on a part-time basis if the person is performing

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  1  such duties for an average of at least 20 hours per week each

  2  month throughout the year. The person must be performing such

  3  duties at a business site located in the pilot project area.

  4         (c)  The total amount of tax credits that may be

  5  granted under this section is $1 million annually. In the

  6  event Enterprise Florida, Inc., the Office of Tourism, Trade,

  7  and Economic Development receives applications that total more

  8  than $1 million in any year, the director shall prorate the

  9  amount of tax credit each applicant is eligible to receive to

10  ensure that all eligible applicants receive a tax credit.

11         (d)  In order to be eligible to apply to Enterprise

12  Florida, Inc., the Office of Tourism, Trade, and Economic

13  Development for tax credits under this section a business

14  must:

15         1.  Have entered into a contract with the developer of

16  the diverse cluster or grouping of facilities or space located

17  in the pilot project area, governing lease of commercial space

18  in a facility.

19         2.  Have commenced operations in the facility after

20  July 1, 1999, and before July 1, 2000.

21         3.  Be a business predominantly engaged in activities

22  usually provided for consideration by firms classified under

23  the Standard Industrial Classification Manual Industry Number

24  5311, Industry Number 5399, or Industry Number 7832.

25         (e)  All applications for the granting of the tax

26  credits allowed under this section shall require the prior

27  review and recommendation of Enterprise Florida, Inc., and

28  approval of the director of the Office of Tourism, Trade, and

29  Economic Development. At the recommendation of Enterprise

30  Florida, Inc., the director shall establish one submittal date

31

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  1  each year for the receipt of applications for such tax

  2  credits.

  3         (f)  Any business wishing to receive tax credits

  4  pursuant to this section must submit an application to

  5  Enterprise Florida, Inc., the Office of Tourism, Trade, and

  6  Economic Development which sets forth the business name and

  7  address and the number of employees of the business.

  8         (g)  Upon the recommendation of Enterprise Florida,

  9  Inc., the decision of the director shall be in writing, and,

10  if approved, the application shall state the maximum credits

11  allowable to the business. A copy of the decision shall be

12  transmitted to Enterprise Florida, Inc., and to the executive

13  director of the Department of Revenue, who shall apply such

14  credits to the tax liabilities of the business firm.

15         (h)  If any credit granted pursuant to this section is

16  not fully used in any one year because of insufficient tax

17  liability on the part of the business, the unused amount may

18  be carried forward for a period not to exceed 5 years.

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

20  Development is authorized to adopt all rules necessary to

21  administer this section, including rules for the approval or

22  disapproval of applications for tax incentives by businesses.

23         (3)(4)  The Department of Revenue shall adopt any rules

24  necessary to ensure the orderly implementation and

25  administration of this section.

26         (4)(5)  For purposes of this section, "business" and

27  "taxable year" shall have the same meaning as in s. 220.03.

28         (5)(6)  Prior to the 2004 Regular Session of the

29  Legislature, the Office of Program Policy Analysis and

30  Government Accountability shall review and evaluate the

31  effectiveness and viability of the pilot project area created

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  1  under this section, using the research design prescribed

  2  pursuant to s. 290.015. The office shall specifically evaluate

  3  whether relief from certain taxes induced new investment and

  4  development in the area; increased the number of jobs created

  5  or retained in the area; induced the renovation,

  6  rehabilitation, restoration, improvement, or new construction

  7  of businesses or housing within the area; and contributed to

  8  the economic viability and profitability of business and

  9  commerce located within the area. The office shall submit a

10  report of its findings and recommendations to the Speaker of

11  the House of Representatives and the President of the Senate

12  no later than January 15, 2004.

13         (6)(7)  This section shall stand repealed on June 30,

14  2010, and any designation made pursuant to this section shall

15  be revoked on that date.

16         Section 44.  Section 290.00694, Florida Statutes, is

17  created to read:

18         290.00694  Enterprise zone designation for rural

19  champion communities.--An area designated as a rural champion

20  community pursuant to the Taxpayer Relief Act of 1997 may

21  apply to Enterprise Florida, Inc., for designation as an

22  enterprise zone. The application must be submitted by December

23  31, 2000, and must comply with the requirements of s.

24  290.0055. Notwithstanding the provisions of s. 290.0065

25  limiting the total number of enterprise zones designated and

26  the number of enterprise zones within a population category,

27  the Office of Tourism, Trade, and Economic Development upon

28  recommendation of Enterprise  Florida, Inc., may designate

29  enterprise zones under this section. The Office of Tourism,

30  Trade, and Economic Development shall establish the initial

31

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  1  effective date of the enterprise zones designated pursuant to

  2  this section.

  3         Section 45.  Section 290.009, Florida Statutes, is

  4  amended to read:

  5         290.009  Enterprise Zone Interagency Coordinating

  6  Council.--

  7         (1)  There is created within the Office of Tourism,

  8  Trade, and Economic Development the Enterprise Zone

  9  Interagency Coordinating Council. The council shall be

10  composed of the secretaries or executive directors, or their

11  designees, of the Department of Community Affairs, the Office

12  of Tourism, Trade, and Economic Development, the Department of

13  Children and Family Services, the Department of Health, the

14  Department of Juvenile Justice, the Department of Labor and

15  Employment Security, the Department of State, the Department

16  of Transportation, the Department of Environmental Protection,

17  the Department of Law Enforcement, and the Department of

18  Revenue; the Attorney General or his or her designee; and the

19  executive directors or their designees of the Florida

20  Community College System, the Florida Black Business

21  Investment Board, and the Florida State Rural Development

22  Council. Enterprise Florida, Inc., shall serve as staff to the

23  council.

24         (2)  The purpose of the council is to:

25         (a)  Advise Enterprise Florida, Inc., and the office in

26  planning, developing, implementing, and performing evaluation

27  and reporting activities related to the Florida Enterprise

28  Zone Act of 1994.

29         (b)  Assist in the evaluation and review of enterprise

30  zone designation applications pursuant to s. 290.0065.

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  1         (c)  Assist in the selection of designated enterprise

  2  zones for participation in the enterprise zone linked deposit

  3  program pursuant to s. 290.0075.

  4         (d)  Encourage state agencies to administer programs in

  5  a manner that supports the purposes of this act and the goals

  6  and objectives of strategic enterprise zone development plans

  7  prepared by local governments.

  8         (3)  The director of the office or his or her designee

  9  shall serve as the chair of the council.

10         Section 46.  Section 290.014, Florida Statutes, is

11  amended to read:

12         290.014  Annual reports on enterprise zones.--

13         (1)  By February 1 of each year, the Department of

14  Revenue shall submit an annual report to Enterprise Florida,

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

16  detailing the usage and revenue impact by county of the state

17  incentives listed in s. 290.007.

18         (2)  By March 1 of each year, Enterprise Florida, Inc.,

19  the office shall submit an annual report to the Governor, the

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

21  the Senate, and the director of the Office of Tourism, Trade,

22  and Economic Development. The report shall include the

23  information provided by the Department of Revenue pursuant to

24  subsection (1) and the information provided by enterprise zone

25  development agencies pursuant to s. 290.0056. In addition, the

26  report shall include an analysis of the activities and

27  accomplishments of each enterprise zone, and any additional

28  information prescribed pursuant to s. 290.015.

29         Section 47.  Subsection (2) of section 290.046, Florida

30  Statutes, is amended to read:

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  1         290.046  Applications for grants; procedures;

  2  requirements.--

  3         (2)(a)  Except as provided in paragraph (c), each

  4  eligible local government may submit an application for a

  5  grant under either the housing program category or the

  6  neighborhood revitalization program category during each

  7  annual funding cycle.  An applicant may not receive more than

  8  one grant in any state fiscal year from any of the following

  9  categories:  housing, neighborhood revitalization, or

10  commercial revitalization.

11         (b)  Except as provided in paragraph (c), each eligible

12  local government may apply during each up to three times in

13  any one annual funding cycle for grants a grant under the

14  economic development program category but shall receive

15  cumulative awards no more than the applicable grant ceiling

16  established by the department one such grant per annual

17  funding cycle under s. 290.047(2).  Applications for grants

18  under the economic development program category may be

19  submitted at any time during the annual funding cycle, and

20  such grants shall be awarded no less frequently than three

21  times per funding cycle. The department shall establish

22  minimum criteria pertaining to the number of jobs created for

23  persons of low or moderate income, the degree of private

24  sector financial commitment, and the economic feasibility of

25  the proposed project and shall establish any other criteria

26  the department deems appropriate.  Assistance to a private,

27  for-profit business may not be provided from a grant award

28  unless sufficient evidence exists to demonstrate that without

29  such public assistance the creation or retention of such jobs

30  would not occur.

31

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  1         (c)1.  Local governments with an open housing,

  2  neighborhood revitalization, or commercial revitalization

  3  contract shall not be eligible to apply for another housing,

  4  neighborhood revitalization, or commercial revitalization

  5  grant until administrative closeout of their existing

  6  contract. The department shall notify a local government of

  7  administrative closeout or of any outstanding closeout issues

  8  within 45 days of receipt of a closeout package from the local

  9  government.  Local governments with an open housing,

10  neighborhood revitalization, or commercial revitalization

11  community development block grant contract whose activities

12  are on schedule in accordance with the expenditure rates and

13  accomplishments described in the contract may apply for an

14  economic development grant.

15         2.  Local governments with an open economic development

16  community development block grant contract or contracts whose

17  activities are on schedule in accordance with the expenditure

18  rates and accomplishments described in the contract or

19  contracts may apply for a housing or neighborhood

20  revitalization and a commercial revitalization community

21  development block grant.  Local governments with an open

22  economic development contract or contracts whose activities

23  are on schedule in accordance with the expenditure rates and

24  accomplishments described in the contract or contracts may

25  receive no more than one additional economic development

26  grants grant in each fiscal year subject to the grant ceilings

27  established by the department under s. 290.047.

28         (d)  Beginning October 1, 1988, the department shall

29  award no grant until the department has determined, based upon

30  a site visit, that the proposed area matches and adheres to

31  the written description contained within the applicant's

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  1  request.  If, based upon review of the application or a site

  2  visit, the department determines that any information provided

  3  in the application which affects eligibility or scoring has

  4  been misrepresented, the applicant's request shall be rejected

  5  by the department pursuant to s. 290.0475(7).  Mathematical

  6  errors in applications which may be discovered and corrected

  7  by readily computing available numbers or formulas provided in

  8  the application shall not be a basis for such rejection.

  9         Section 48.  Subsection (7) is added to section

10  290.048, Florida Statutes, to read:

11         290.048  General powers of Department of Community

12  Affairs under ss. 290.0401-290.049.--The department has all

13  the powers necessary or appropriate to carry out the purposes

14  and provisions of the program, including the power to:

15         (7)  Establish advisory committees and solicit

16  participation in the design, implementation, and evaluation of

17  the program and its linkages with other housing, community

18  development, and economic development resources.

19         Section 49.  Section 290.049, Florida Statutes, is

20  repealed.

21         Section 50.  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 51.  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 52.  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 53.  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 54.  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 or area average, high percentage of the

11  population receiving public assistance, high poverty levels

12  compared to the state average, and high percentage of needy

13  families.

14         (4)  LIAISONS.--

15         (a)  By August 1, 2000, the head of each of the

16  following agencies or organizations shall designate a

17  high-level staff person from within the agency or organization

18  to serve as a liaison to this program:

19         1.  Office of Tourism, Trade, and Economic Development;

20         2.  Office of Urban Opportunity;

21         3.  Department of Community Affairs;

22         4.  Department of Law Enforcement;

23         5.  Department of Juvenile Justice;

24         6.  Department of Transportation;

25         7.  Department of Environmental Protection;

26         8.  Department of Agriculture and Consumer Services;

27         9.  Department of State;

28         10.  Department of Health;

29         11.  Department of Children and Family Services;

30         12.  Department of Corrections;

31         13.  Department of Labor and Employment Security;

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  1         14.  Department of Education;

  2         15.  Department of Military Affairs;

  3         16.  Florida Housing Finance Corporation;

  4         17.  Institute of Food and Agricultural Sciences;

  5         18.  Institute on Urban Policy and Commerce;

  6         19.  Florida Tourism Industry Marketing Corporation;

  7         20.  Enterprise Florida, Inc.;

  8         21.  Workforce Development Board of Enterprise Florida,

  9  Inc.;

10         22.  Executive Office of the Governor; and

11         23.  Any other agencies or organizations as determined

12  by the coordinating partners.

13         (b)  An alternate for each designee shall also be

14  chosen, and the names of the designees and alternates shall be

15  sent to the coordinating partners, which shall convene the

16  liaisons as necessary.

17         (c)  Each liaison must have a comprehensive knowledge

18  of the functions, whether regulatory or service-based, of his

19  or her agency or organization. The liaison shall be the

20  primary contact for the agency or organization for the Toolkit

21  for Economic Development, assisting in expediting proposal

22  review, resolving problems, promoting flexible assistance, and

23  identifying opportunities for support within the agency or

24  organization.

25         (d)  As deemed necessary by the coordinating partners,

26  liaisons shall review proposals from economically distressed

27  communities to determine if they would be properly referred or

28  submitted to their agencies or organizations. If such referral

29  and submittal is appropriate, the liaison shall then assist

30  the community as an ombudsman.

31

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  1         (e)  The liaisons shall work at the request of the

  2  coordinating partners to review statutes and rules for their

  3  adverse effects on economically distressed communities and to

  4  develop alternative proposals to mitigate these effects.

  5         (f)  Liaisons shall review their agencies' or

  6  organizations' evaluation and scoring procedures for grant,

  7  loan, and aid programs to ensure that economically distressed

  8  communities are not unfairly disadvantaged, hampered, or

  9  handicapped in competing for awards because of community

10  economic hardship. If they are, new evaluation criteria and

11  scoring procedures shall be considered that recognize

12  disproportionate requirements which an application process

13  makes of a community that lacks the resources of other more

14  prosperous communities. The evaluation criteria should weight

15  contribution in proportion to the amount of resources

16  available at the local level.

17         (g)  Annually, the coordinating partners shall report

18  to the Governor and the head of each agency or organization on

19  the work and accomplishments of the liaisons.

20         (5)  COORDINATING PARTNERS.--

21         (a)  The liaisons from the WAGES State Board of

22  Directors, or its successor organization, the Office of Urban

23  Opportunity, the Department of Community Affairs, Enterprise

24  Florida, Inc., and the Workforce Development Board of

25  Enterprise Florida, Inc., shall serve as the coordinating

26  partners of the Toolkit for Economic Development and act as an

27  executive committee for the liaisons. The coordinating

28  partners shall review any request from a Front Porch Community

29  and shall provide whatever assistance that this section can

30  afford to them.

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  1         (b)  From time to time, the coordinating partners may

  2  recommend to the head of an agency or organization, approval

  3  of a project that in the unanimous judgment of the

  4  coordinating partners will have an extraordinary positive

  5  impact on an economically distressed community. Upon such

  6  recommendation, the head of an agency or organization shall

  7  give priority consideration for approval of such project.

  8         (6)  MATCHING-FUNDS OPTIONS.--Notwithstanding any other

  9  provision of law, an agency or organization may waive any

10  state-required matching-funds requirements at the request of

11  the coordinating partners. This waiver is contingent upon the

12  determination by the coordinating partners that the community

13  is fully committed to the success of a project, but lacks the

14  community resources to meet match requirements. In-kind

15  matches shall be allowed and applied as matching-funds

16  utilizing the same determination criteria. The coordinating

17  partners must unanimously endorse each request to an agency or

18  organization. Any funds appropriated to the coordinating

19  partners may be used to meet matching-funds requirements or

20  fees for federal, state, or foundation application

21  requirements.

22         (7)  INVENTORY.--The coordinating partners shall

23  develop, in consultation with the liaisons, an inventory of

24  recommended federal and state tax credits, incentives,

25  inducements, programs, opportunities, demonstrations or pilot

26  programs, grants, and other resources available through the

27  agencies and organizations which could assist Front Porch

28  Florida or economically distressed communities. Each entry in

29  the inventory must include a summary; a contact person; a

30  simple description of the application process and a timetable;

31  a profile of funding awards and funds availability; and a

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  1  complexity ranking. The inventory shall be organized into

  2  seven categories, including:

  3         (a)  Leadership.--Entries that promote the skills and

  4  capacities of local leaders, volunteers, organizations, and

  5  employees that work on other categories of the inventory.

  6  These entries shall include, but are not limited to, grants;

  7  scholarships; Individual Training Accounts; Retention

  8  Incentive Training Account programs; and other programs that

  9  build the resident capacity to create a better community.

10  These entries shall include educational-based institutes that

11  can assist with research, consulting, technical assistance,

12  capacity building, training, and program assistance to

13  communities.

14         (b)  Safety.--Entries that increase safety and reduce

15  crime. These entries shall include, but are not limited to,

16  the training and employment of public safety employees and

17  volunteers; establishing safer businesses and neighborhoods;

18  training residents in safety practices; organizing safety

19  networks and cooperatives; improving lighting; improving the

20  safety of homes, buildings, and streets; and providing for

21  community police and safety projects, including those designed

22  to protect youth in the community. Other entries may be

23  included that reinforce community and local law enforcement.

24         (c)  Clean Up.--Entries that support clean up and

25  enhancement projects that quickly create visible improvements

26  in neighborhoods, including the demolition of drug havens and

27  abandoned buildings. These entries shall include, but are not

28  limited to, projects that plan, design, or implement clean up

29  strategies; main street redevelopment; and renovation

30  projects. These entries may also include planning and

31

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  1  implementation for larger neighborhood revitalization and

  2  economic development projects.

  3         (d)  Business.--Entries that support small business

  4  development, including, but not limited to, attraction of

  5  national franchises; micro-loans; guaranteed commercial loans;

  6  technical assistance; self-employment; linked deposit; loan

  7  loss reserves; business incubators; and other activities that

  8  support the market economy.

  9         (e)  Schools.--Entries that upgrade schools through

10  repair or renovation, as well as training and employment

11  entries to assist with school transportation, services, and

12  security. These entries shall include, but are not limited to,

13  programs that enable school-based childcare; before, after,

14  and summer school programs; programs that broaden the use of

15  school facilities as a hub and haven within the community;

16  scholarships; and grant programs that assist families and

17  individuals to complete and enhance their education.

18         (f)  Partners.--Entries that provide tax credits,

19  incentives, and other inducements to businesses that

20  contribute to community projects, such as the community

21  contribution tax credit under sections 220.183 and 624.5105,

22  Florida Statutes. These entries shall include any programs

23  that help raise federal or foundation grant funds.

24         (g)  Redevelopment.--Entries that support the planning,

25  preparation, construction, marketing, and financing of

26  residential, mixed-use, and commercial redevelopment, as well

27  as residential and business infrastructure projects. These

28  entries shall include, but are not limited to, the workforce

29  development programs that influence business decisions such as

30  the Quick-Response Training Program and Quick-Response

31

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  1  Training Program for Work and Gain Economic Self-sufficiency

  2  (WAGES) participants.

  3         (8)  START-UP INITIATIVE.--

  4         (a)  Subject to legislative appropriation and the

  5  provisions of this act, the Start-Up Initiative is created to

  6  promote the use of the inventory, to boost a community's

  7  efforts, and to ensure that federal funds do not go unexpended

  8  or unobligated, or are not returned to federal agencies.

  9         (b)  The coordinating partners, in consultation with

10  the liaisons, local economic development organizations, and

11  regional workforce development boards, shall identify 15

12  communities, seven of which must be from the state's seven

13  largest counties, three of which must be from rural counties,

14  and five of which must be from other counties in the state.

15  These communities must be compact, congruent, and contiguous

16  census tracts that have high concentrations of needy families

17  who are current, former, or likely recipients of public

18  assistance. To the maximum extent possible, these communities

19  should coincide with federal empowerment zones, enterprise

20  communities, or similar designations; HOPE VI communities;

21  Front Porch Florida communities; enterprise zones established

22  under chapter 290 or chapter 370, Florida Statutes;

23  Neighborhood Improvement Districts established under chapter

24  163, Florida Statutes; community redevelopment areas

25  established under chapter 163, Florida Statutes; and Urban

26  High Crime Areas or Rural Job Tax Credit Areas established

27  under chapter 212, Florida Statutes.

28         (c)  The coordinating partners shall solicit proposals

29  from Front Porch Advisory Committees, community-based

30  organizations, local governments, and neighborhood

31  associations located in the communities identified in

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  1  paragraph (b) and Front Porch communities. The coordinating

  2  partners shall provide each applicant with the inventory and

  3  recommendations on proposals that can be funded.

  4         (d)  Communities may prepare a proposal to access and

  5  use various entries from the inventory which will launch or

  6  boost their economic development efforts. Proposals must be no

  7  more than 20 pages long and include:

  8         1.  A brief description of how the community would use

  9  entries from the inventory in the community's economic

10  development strategy;

11         2.  Specific evidence of community support for the

12  proposal from community-based organizations, local government,

13  regional workforce development boards, and local economic

14  development organizations;

15         3.  Identification and commitment of local resources

16  for the proposal from community-based organizations, local

17  government, regional workforce development boards, and local

18  economic development organizations;

19         4.  Identification of the specific entity or person

20  responsible for coordinating the community's proposal; and

21         5.  Identification of a local fiscal entity for

22  contracting, administration, and accountability.

23         (e)  The coordinating partners shall appoint a liaison

24  to assist each community with the proposal and its

25  implementation, if awarded.

26         (f)  The coordinating partners shall design an

27  impartial and competitive proposal-review process and

28  evaluation criteria. Based on the evaluation criteria, up to

29  nine communities shall be designated to participate in the

30  Start Up Initiative. Once a community is designated, the

31  coordinating partners and the community's liaison will work to

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  1  finalize the proposal, including the addition of funding

  2  sources for each inventory entry. The finalized proposal shall

  3  serve as the contract between the community and the Start-Up

  4  Initiative. If sufficient funding does not exist for an entry

  5  that is essential for the community's proposal or a community

  6  is ineligible for a specific inventory entry, the coordinating

  7  partners may allocate funding that is under their control to

  8  fulfill the entry. The proposal must be operational within 3

  9  months after approval.

10         (g)  Proposals that would mainly result in

11  gentrification of the community, that would not employ a

12  preponderance of residents, and that predominately create

13  residences or businesses that are beyond the anticipated

14  income level of the working residents of the community are not

15  eligible.

16         (h)  Proposal awards shall be obligated for federal

17  funding purposes, and shall be considered appropriated for

18  purposes of section 216.301, Florida Statutes. The

19  coordinating partners may allocate funding that is under their

20  control to fund this initiative. Any funding appropriated to

21  assist needy families, or to promote job placement and

22  employment retention, which is in excess of revenues necessary

23  to fulfill the appropriated purpose, and which may not be

24  obligated during the budget year, may be allocated to this

25  initiative to support an approved proposal.

26         (i)  Any federal funds must be used for purposes

27  consistent with applicable federal law; however, the

28  coordinating partners, with the assistance of the Department

29  of Children and Family Services, shall aggressively pursue

30  innovative uses of federal funds to support projects that

31  train community leaders, upgrade individuals skills, promote

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  1  safety, clean up communities, beautify neighborhoods,

  2  encourage small business, stimulate employment, increase

  3  educational opportunity, promote community partnering, advance

  4  community redevelopment, and upgrade housing because it

  5  assists needy families, promoting self-sufficiency and job

  6  retention.

  7         (j)  The coordinating partners shall adopt procedures

  8  for the Start-Up Initiative and may, if necessary, adopt,

  9  through the Department of Community Affairs, emergency rules

10  to govern the submission of proposals, the evaluation of

11  proposals, the initiative awards, and the implementation

12  procedures for administration of awards.

13         (9)  COMMUNITIES OF CRITICAL ECONOMIC OPPORTUNITY.--The

14  coordinating partners may recommend to the Governor up to

15  three communities of critical economic opportunity. A

16  community of critical economic opportunity must be a community

17  that is economically distressed, that presents a unique

18  economic development opportunity, and that will create more

19  than 1,000 jobs over a 5-year period. The Governor may, by

20  executive order, designate up to three communities of critical

21  economic opportunity which will establish these areas as

22  priority assignments for the liaisons and coordinating

23  partners as well as to allow the Governor, acting through

24  them, to waive criteria, requirements, or similar provisions

25  of any economic development incentive. Such incentives shall

26  include, but not be limited to: the Qualified Target Industry

27  Tax Refund Program under section 288.106, Florida Statutes,

28  the Quick Response Training Program under section 288.047,

29  Florida Statutes, the WAGES Quick Response Training Program

30  under section 288.047(10), Florida Statutes, transportation

31  projects under section 288.063, Florida Statutes, the

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  1  brownfield redevelopment bonus refund under section 288.107,

  2  Florida Statutes, and the job and employment tax credit

  3  programs. Designation as a community of critical economic

  4  opportunity under this subsection shall be contingent upon the

  5  execution of a memorandum or agreement among the coordinating

  6  partners; the governing body of the county; and the governing

  7  bodies of any municipalities to be included within an area of

  8  critical economic opportunity. Such agreement shall specify

  9  the terms and conditions of the designation, including, but

10  not limited to, the duties and responsibilities of the county

11  and any participating municipalities to take actions designed

12  to facilitate the retention and expansion of existing

13  businesses in the area, as well as the recruitment of new

14  businesses to the area.

15         (10)  FUNDING.--

16         (a)  To implement the provisions of this act, the

17  coordinating partners are authorized and appropriated up to

18  $25 million from Temporary Assistance for Needy Families

19  (TANF) Block Grant through the TANF administrative entity at

20  the Department of Management Services.

21         (b)  Any expenditure from the TANF Block Grant shall be

22  in accordance with the requirements and limitations of Title

23  IV of the Social Security Act, as amended, or any other

24  applicable federal requirement or limitation in law. Prior to

25  any expenditure of such funds, the Workforce Development Board

26  of Enterprise Florida, Inc., and the secretary of the

27  Department of Children and Family Services, or his or her

28  designee, shall certify that controls are in place to ensure

29  that such funds are expended and reported in accordance with

30  the requirements and limitations of federal law. It shall be

31  the responsibility of any entity to which funds are awarded to

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  1  obtain the required certification prior to any expenditure of

  2  funds.

  3         (11)  REPORTING.--

  4         The Office of Program Policy Analysis and Government

  5  Accountability and the coordinating partners, shall develop

  6  measures and criteria by October 1, 2001, for evaluating the

  7  effectiveness of the Toolkit for Economic Development

  8  including the liaisons, coordinating partners, waivers and

  9  matching options, inventory, Start-Up Initiative, and

10  Communities of Critical Economic Opportunity. The Office of

11  Program Policy and Government Accountability shall submit to

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

13  the House of Representatives, by January 1, 2002, a report

14  detailing the progress that the Toolkit for Economic

15  Development has made toward achievement of established

16  measures.

17         (12)  EXPIRATION.--This section expires June 30, 2002.

18         Section 55.  Section 288.1260, Florida Statutes, is

19  created to read:

20         288.1260  Front Porch Florida Initiative.--

21         (1)  LEGISLATIVE INTENT.--The Legislature finds that

22  the State of Florida has many communities that, in times of

23  general fiscal prosperity, have not experienced the same

24  levels of economic fulfillment as other areas of our state.

25  These neighborhoods and communities are often found in the

26  urban core areas of our cities, and have been the recipients

27  of top down imposed state and federal programs that have

28  lacked a comprehensive approach to revitalization. The

29  Legislature further finds that these distressed urban cores

30  have often had a narrow set of solutions imposed on them

31

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  1  without regard to the unique nature of the problems that face

  2  each neighborhood.

  3         (2)  CREATION.--The Front Porch Florida initiative will

  4  be a community-based effort, giving residents the power to

  5  define the causes of their problems and harnessing the

  6  collective power of individual neighborhoods to craft unique

  7  solutions to these problems. The Front Porch Florida

  8  initiative is created to provide a comprehensive,

  9  community-based approach to neighborhood revitalization in

10  Florida, engaging the resources of the state as a facilitator

11  for community solutions and a civic switchboard to match

12  communities with resources.

13         (3)  PRINCIPLES.--The Front Porch Florida initiative is

14  built upon the following principles:

15         (a)  Urban revitalization begins in Florida's

16  neighborhoods and not in state government. The resources for

17  solving some of their problems may reside in part in state and

18  local government, but the solutions to the unique challenges

19  of each neighborhood must come from citizens who live in these

20  neighborhoods.

21         (b)  Expanded business opportunities and access to

22  capital are critical to sustaining any urban renewal efforts.

23  There must be a multi-faceted commitment of fiscal resources

24  and increased business opportunities that stimulates

25  entrepreneurship in urban core neighborhoods.

26         (c)  Government cannot raise expectations beyond its

27  capacity to deliver. State and local governments have roles in

28  our urban cores, but government is not the panacea.

29         (d)  An effective state urban policy must support

30  existing efforts and work with the on-going activities of

31  local communities, mayors, and municipalities. The state must

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  1  also leverage faith-based and community-based groups into the

  2  equation in a way that has never been tried before. Churches,

  3  ministers, pastors, rabbis, and other community leaders are

  4  often the greatest agents of improvement in our urban cores.

  5  They must be empowered to be involved in Front Porch Florida

  6  to the greatest extent possible.

  7         (4)  LIAISONS TO FRONT PORCH FLORIDA COMMUNITIES.--No

  8  later than August 1, 2000, the head of each of the following

  9  agencies or organizations shall designate a high-level staff

10  person from within the agency or organization to serve as the

11  Front Porch Florida liaison to the Front Porch Florida "A"

12  Team:

13         1.  Department of Community Affairs;

14         2.  Department of Law Enforcement;

15         3.  Department of Juvenile Justice;

16         4.  Department of Corrections;

17         5.  Department of Transportation;

18         6.  Department of Environmental Protection;

19         7.  Department of Agriculture and Consumer Services;

20         8.  Department of State;

21         9.  Department of Health;

22         10.  Department of Children and Family Services;

23         11.  Department of Labor and Employment Security;

24         12.  Department of Education;

25         13.  Department of Military Affairs;

26         14.  Institute of Food and Agricultural Sciences;

27         15.  Enterprise Florida, Inc.;

28         16.  Workforce Development Board of Enterprise Florida,

29  Inc.; and

30         17.  Executive Office of the Governor.

31

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  1  Each Front Porch Florida liaison must have comprehensive

  2  knowledge of his or her agency's functions. This person shall

  3  be the primary point of contact for his or her agency on

  4  issues and projects relating to economically distressed

  5  communities, shall ensure a prompt effective response to

  6  problems arising with regard to community issues, and shall

  7  assist in the identification of opportunities for preferential

  8  awards of program funds to facilitate the civic switchboard

  9  function of Front Porch Florida.

10         (5)  INVENTORY.--Front Porch Florida communities shall

11  use the inventory of federal and state resources developed as

12  part of the Toolkit for Economic Development to facilitate

13  solutions to their unique challenges.

14         (6)  SELECTION OF FRONT PORCH FLORIDA COMMUNITIES.--

15         (a)  The Office of Urban Opportunity, created in

16  section 14.2015(9)(a), Florida Statutes, will solicit

17  applications from Florida communities that wish to be

18  designated as Front Porch Florida communities. The application

19  should specify the boundaries of the nominated area, quantify

20  the need for revitalization, demonstrate a history of

21  grass-roots activities in the neighborhood, and identify the

22  resources within each community that will contribute to their

23  success as Front Porch Florida communities.

24         (b)  Successful applications for designation may

25  include strategies for expanding business opportunities and

26  access to capital, closing the gap in education, building upon

27  the activities of faith-based and community-based groups,

28  providing affordable, quality housing, strengthening public

29  safety, and creating a healthy environment.

30         (c)  Upon designation as a Front Porch Florida

31  community, the neighborhood will form a Governor's

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  1  Revitalization Council, comprised of partners and stakeholders

  2  in each community. Each council should be representative of

  3  the broad diversity and interests in the community and should

  4  include residents, neighborhood associations, faith-based

  5  organizations, and community-based organizations. Each council

  6  should also develop partnerships with local government, law

  7  enforcement agencies, lenders, schools, and health care

  8  providers. Each council will prepare a specialized

  9  Neighborhood Action Plan that will assist the Office of Urban

10  Opportunity in identifying and garnering the resources that

11  are needed to help successfully implement community

12  revitalization.

13         (7)  MONITORING AND REPORTING.--The Office of Urban

14  Opportunity shall require each designated Front Porch Florida

15  community to submit a monthly report which details the

16  activities and accomplishments of the neighborhood. On a

17  quarterly basis, each designated community must submit a

18  report that specifically addresses the elements of each

19  Neighborhood Action Plan to determine progress toward

20  achieving stated goals. The community's Governor's

21  Revitalization Council will submit an annual progress report

22  as part of their recertification process in order to maintain

23  designation as a Front Porch Florida community.

24         Section 56.  Present subsections (4) through (8) of

25  section 240.311, Florida Statutes, are redesignated as

26  subsections (5) through (9), respectively, and a new

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

28         240.311  State Board of Community Colleges; powers and

29  duties.--

30         (4)  The State Board of Community Colleges shall

31  identify, using the Critical Jobs Initiative, the occupational

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  1  forecasting process, or any other compatible mechanism, a

  2  collection of programs designed to train broadband digital

  3  media specialists. Programs identified by the board shall be

  4  added to the statewide lists for demand occupations, if they

  5  meet the high-skill/high-wage criteria as established by the

  6  Workforce Estimating Conference created under s. 216.136(10).

  7         Section 57.  Subsection (5) is added to section

  8  240.3341, Florida Statutes, to read:

  9         240.3341  Incubator facilities for small business

10  concerns.--

11         (5)  Community colleges are encouraged to establish

12  incubator facilities through which emerging small businesses

13  supportive of the development of content and technology for

14  digital broadband media and digital broadcasting may be

15  served.

16         Section 58.  Section 240.710, Florida Statutes, is

17  created to read:

18         240.710 Digital Media Education Coordination Group.--

19         (1)  The Board of Regents shall create a Digital Media

20  Education Coordination Group composed of representatives of

21  the universities within the State University System which

22  shall work in conjunction with the State Board of Community

23  Colleges and the Articulation Coordinating Committee on the

24  development of a plan to enhance Florida's ability to meet the

25  current and future workforce needs of the digital media

26  industry. The following purposes of the group shall be

27  included in its plan-development process:

28         (a)  Coordination of the use of existing academic

29  programs, research, and faculty resources to promote the

30  development of a digital media industry in Florida;

31

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  1         (b)  Addressing strategies to improve opportunities for

  2  interdisciplinary study and research within the emerging field

  3  of digital media through the development of tracts in existing

  4  degree programs, new interdisciplinary degree programs, and

  5  interdisciplinary research centers; and

  6         (c)  Addressing the sharing of resources among

  7  universities in such a way as to allow a student to take

  8  courses from multiple departments or multiple educational

  9  institutions in pursuit of competency, certification, and

10  degrees in digital information and media technology.

11         (2)  Where practical, private accredited institutions

12  of higher learning in Florida should be encouraged to

13  participate.

14         (3)  In addition to the elements of the plan governed

15  by the purposes described in subsection (1), the plan shall

16  include, to the maximum extent practicable, the coordination

17  of educational resources to be provided by distance learning

18  and shall facilitate, to the maximum extent, possible

19  articulation and transfer of credits between community

20  colleges and the state universities. The plan must address

21  student enrollment in affected programs with emphasis on

22  enrollment beginning as early as the Fall Term in 2001.

23         (4)  The Digital Media Education Coordination Group

24  shall submit its plan to the President of the Senate and the

25  Speaker of the House of Representatives by January 1, 2001.

26         Section 59.  The Workforce Development Board of

27  Enterprise Florida, Inc., should reserve up to $1 million of

28  funds dedicated in Fiscal Year 2000-2001 for Incumbent Worker

29  Training for the digital media industry. Training may be

30  provided by public or private training providers for broadband

31  digital media jobs listed on the Occupational Forecast List

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  1  developed by the Workforce Estimating Conference or the

  2  Targeted Occupations List of the Workforce Development Board.

  3  Programs that operate outside the normal semester time periods

  4  and coordinate the use of industry and public resources should

  5  be given priority status for such reserved funds.

  6         Section 60.  The Workforce Development Board of

  7  Enterprise Florida, Inc., shall by August 31, 2000, develop a

  8  plan for the use of Targeted Assistance to Needy Families

  9  funds, Workforce Investment Act funds, Quick Response funds,

10  Incumbent Worker Training funds, and other training-related

11  resources to enhance the workforce of digital-media-related

12  industries.  The plan must provide the industries with a

13  program to train and assess the status of industry workforce

14  readiness for the digital era and should be done in

15  conjunction with the broadcast and cable industries.

16         Section 61.  There is created in the Office of Tourism,

17  Trade, and Economic Development within the Executive Office of

18  the Governor a Digital Media Education Infrastructure Fund for

19  the purpose of upgrading the quality of media labs associated

20  with university programs, community college programs and other

21  educational resources in order to assist in meeting current

22  and future workforce training needs for the digital media

23  industry.  There is appropriated to the fund from the General

24  Revenue Fund $1 million for fiscal year 2000-2001, to be used

25  for those purposes.  The Office of Tourism, Trade, and

26  Economic Development shall be responsible for contracting with

27  eligible entities for receipt of funds.  Such funds must be

28  spent according to the priorities established by the industry

29  sector group on broadband digital media established by

30  Enterprise Florida, Inc., and must be matched by industry

31  contributions.

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  1         Section 62.  Enterprise Florida, Inc., shall convene an

  2  organizational meeting for industries involved in broadband

  3  digital media to organize and facilitate future activities of

  4  associated industry groups or facilitate the ongoing

  5  activities of a similar group. Enterprise Florida, Inc., shall

  6  make all necessary preparations to identify and designate a

  7  digital-media sector as part of its sector strategy and

  8  identify the sector as a priority recruitment/retention set of

  9  industries.

10         Section 63.  (1)  Enterprise Florida, Inc., shall award

11  a contract for the establishment of a digital media incubator

12  to encourage companies developing content and technology for

13  digital broadband media and digital broadcasting to locate and

14  develop their businesses in Florida.  Qualifications of an

15  applicant for a contract as a digital media incubator shall at

16  a minimum include the following:

17         (a)  Demonstrated expertise in developing content and

18  technology for digital broadband media and digital

19  broadcasting;

20         (b)  Demonstrated ability in venture capital

21  fund-raising;

22         (c)  Demonstrated expertise in the development of

23  digital media businesses; and

24         (d)  Demonstrated ability in coordinating public and

25  private educational institutions and business entities in

26  digital technology joint business ventures. The awarding of

27  the contract must follow the procedures outlined in chapter

28  287, Florida Statutes.

29         (2)  There is appropriated the sum of $2 million from

30  the General Revenue Fund to Enterprise Florida, Inc., for the

31  purpose of providing operational and investment seed funding

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  1  to encourage the financial and strategic participation of

  2  venture capital firms, corporate and institutional sponsors,

  3  and targeted start-up companies in the establishment of the

  4  digital incubator.  Initial state investment in the incubator

  5  must be matched with contributions from the industry with

  6  participating industry partners, including, but not limited

  7  to, venture capitalists, digital media manufacturers, and

  8  digital media content providers.

  9         (3)  Maximized leveraging of funds must be a priority

10  consideration in the location of the digital media incubator.

11  Consideration must be given to collocation of the incubator

12  with an existing state of the art media lab or an upgraded or

13  newly created media lab funded through the Digital Media

14  Education Infrastructure Fund in the Office of Tourism. Trade,

15  and Economic Development.

16         Section 64.  ITFlorida, in consultation with Enterprise

17  Florida, Inc., shall develop a marketing plan to promote the

18  state as digital-media-friendly, as a digital-media-ready

19  environment, and as a national leader in the development and

20  distribution of broadband digital media content, technology,

21  and education. The marketing plan must identify critical roles

22  for various public and private partners and establish a

23  marketing timeline and goals. The plan must be completed by

24  December 31, 2000.

25         Section 65.  The provisions of this act relating to

26  workforce or economic development for digital media are

27  subject to legislative appropriation.

28         Section 66.  (1)  Effective upon this act becoming a

29  law, the Commission on Basic Research for the Future of

30  Florida is hereby established. All members of the commission

31  shall be appointed prior to August 1, 2000, and the commission

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  1  shall hold its first meeting no later than September 1, 2000.

  2  The commission shall be composed of 13 members who represent a

  3  broad range of experience in basic scientific research and

  4  possess an appreciation of the importance of basic scientific

  5  research to the future of Florida. Members shall include

  6  performers and users of research from public and private

  7  universities, the armed forces, defense and high technology

  8  businesses, and other interested nongovernmental

  9  organizations. Five members shall be appointed to the

10  commission by the Governor, four members shall be appointed by

11  the President of the Senate, and four members shall be

12  appointed by the Speaker of the House of Representatives. The

13  Governor shall name one of the appointees as chair of the

14  commission. Members of the commission shall serve 4-year

15  terms, except that two of the initial appointees by the

16  Governor, by the President of the Senate, and by the Speaker

17  of the House of Representatives shall be appointed for 2-year

18  terms. Members of the commission are eligible for

19  reappointment.

20         (2)  The purpose of the commission is to serve as an

21  economic development tool to increase the scientific research

22  dollars allocated to the state by the Federal Government. The

23  commission shall:

24         (a)  Focus attention on the importance of improving the

25  state's basic science research infrastructure;

26         (b)  Provide advice to scientific research driven

27  stakeholders;

28         (c)  Assist in the development of long-range strategies

29  for increasing the state's share of scientific research

30  dollars from all sources; and

31

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  1         (d)  Raise public awareness of the importance of basic

  2  scientific research to the future of the state.

  3         (3)  The commission shall use the resources of the

  4  state in implementing the work of the commission, including,

  5  but not limited to, the Institute for Science and Health

  6  Policy at the University of Florida and similar public and

  7  private research groups. The commission shall coordinate with,

  8  and not duplicate the efforts of, other scientific

  9  research-related organizations.

10         (4)  The commission shall consult with Enterprise

11  Florida, Inc., to ensure that economic development

12  considerations are factored into the work of the commission.

13         (5)  The commission shall be located in the Executive

14  Office of the Governor and staff of the office shall serve as

15  staff for the commission.

16         (6)  Members of the commission shall serve without

17  compensation but will be entitled to per diem and travel

18  expenses pursuant to section 112.061, Florida Statutes, while

19  in the performance of their duties.

20         (7)  The commission may procure information and

21  assistance from any officer or agency of the state or any

22  subdivision thereof. All such officials and agencies shall

23  give the commission all relevant information and assistance on

24  any matter within their knowledge or control.

25         (8)  By February 1 of each year, the commission shall

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

27  and the Speaker of the House of Representatives. The report

28  shall outline activities of the commission and provide

29  specific recommendations for consideration by the Governor and

30  Legislature which are designed to increase the state's share

31  of scientific research dollars.

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  1         Section 67.  Section 288.039 and paragraph (c) of

  2  subsection (3) of section 288.095, Florida Statutes, are

  3  repealed.

  4         Section 68.  This act shall take effect July 1, 2000.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                            CS/SB 2548

  8

  9  This CS/CS differs from the CS in that it:

10  requires the Front Porch Program, the Urban Infill and
    Redevelopment Program, the State Apartment Incentive Loan
11  Program, the HOME Investment Partnership Program, and the
    State Housing Tax Credit Programs give priority to applicants
12  that are receiving HOPE IV grants from the federal Department
    of Housing & Urban Development;
13
    specifies that projects located in a research and development
14  park may be operated by the research and development
    authority, a state university, community college, or state
15  agency, under certain conditions;

16  clarifies that the definition for development includes certain
    exemptions provided elsewhere in the statutes;
17
    repeals the sales tax on labor charges for the repair of and
18  incorporated into, industrial shipping, machinery and
    equipment;
19
    authorizes DCA to establish advisory committees and solicit
20  participation in the design, implementation, and evaluation of
    urban development programs, and its linkages with other
21  housing, community development, and economic development
    resources;
22
    repeals s. 290.049, F.S., which establishes DCA's Community
23  Development Block Grant Advisory Council;

24  clarifies the administration of the "Toolkit for Economic
    Development" program (TED), revises the "Lifeline" component
25  of TED, and establishes authority to designate areas of
    critical economic opportunity;
26
    codifies the Front Porch Florida program; and
27
    creates the Commission on Basic Research for the Future of
28  Florida.

29

30

31

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