Senate Bill 2548c3
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Florida Senate - 2000 CS for CS for CS for SB 2548
By the Committees on Fiscal Policy; Comprehensive Planning,
Local and Military Affairs; Commerce and Economic
Opportunities; and Senators Kirkpatrick and Hargrett
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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 Florida Enterprise Zone 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 Enterprise Zone Program, and foreign
16 offices; conforming terminology; requiring a
17 report on activities funded under the Economic
18 Development Incentives Account and the Economic
19 Development Transportation Trust Fund;
20 providing for Front Porch Florida requirements;
21 directing the Office of Urban Opportunity to
22 give priority to projects receiving certain
23 federal grants; amending s. 163.2523, F.S.;
24 providing allocation criteria for the Urban
25 Infill and Redevelopment Grant Program;
26 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
1
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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.; revising an exemption from taxation for
18 machinery and equipment used in
19 silicon-technology production and research and
20 development; making the exemption applicable to
21 semiconductor-technology production and
22 research and development; providing an
23 exemption from taxation for building materials
24 purchased for use in manufacturing or expanding
25 clean rooms for semiconductor-manufacturing
26 facilities; revising definitions; revising
27 criteria and procedures; specifying that a
28 sales tax exemption for certain repair and
29 labor charges applies to industrial machinery
30 and equipment used in the production and
31 shipping of tangible personal property;
2
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1 applying the exemption to SIC Industry Major
2 Group Number 35; specifying that the sales tax
3 exemption for industries in such group number
4 is remedial in nature and applies
5 retroactively; amending ss. 212.097, 212.098,
6 F.S.; expanding the definition of the term
7 "eligible business" under the Urban High-Crime
8 Area Job Tax Credit Program and Rural Job Tax
9 Credit Program to include certain businesses
10 involved in motion picture production and
11 allied services; amending s. 218.075, F.S.;
12 expanding conditions under which the Department
13 of Environmental Protection and water
14 management districts shall reduce or waive
15 certain fees for counties or municipalities;
16 conforming to the definition of the term "rural
17 community" used elsewhere in the Florida
18 Statutes; amending s. 288.012, F.S.; revising
19 the authority of the Office of Tourism, Trade,
20 and Economic Development to establish foreign
21 offices; providing for the office to approve
22 the establishment and operation of such offices
23 by Enterprise Florida, Inc., and the Florida
24 Commission on Tourism; providing for foreign
25 offices to submit updated operating plans and
26 activity reports; amending s. 288.018, F.S.;
27 providing for Enterprise Florida, Inc., to
28 administer the Regional Rural Development
29 Grants Program and make recommendations for
30 approval by the Office of Tourism, Trade, and
31 Economic Development; creating s. 288.064,
3
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1 F.S.; expressing the intent of the Legislature
2 to provide for efficient and effective delivery
3 of assistance to rural communities; amending s.
4 288.0655, F.S.; revising deadlines relating to
5 implementation of the Rural Infrastructure
6 Fund; amending s. 288.0656, F.S.; revising
7 criteria for the Rural Economic Development
8 Initiative; requiring certain communities to
9 apply for rural designation; amending s.
10 288.1088, F.S.; revising criteria and
11 procedures related to the award of funds to
12 certain target industries from the Quick Action
13 Closing Fund; amending s. 288.1162, F.S.;
14 providing for a specified direct-support
15 organization to administer the professional
16 sports franchises and spring training
17 franchises facilities programs; providing for
18 final approval of decisions under such programs
19 by the Office of Tourism, Trade, and Economic
20 Development; amending s. 288.1168, F.S.;
21 deleting obsolete provisions relating to
22 certification of the professional golf hall of
23 fame; providing for a specified direct-support
24 organization to administer that program;
25 amending s. 288.1169, F.S.; providing for a
26 specified direct-support organization to
27 administer the certification program for the
28 International Game Fish Association World
29 Center facility; providing for annual
30 verification of attendance and sales tax
31 revenue projections; transferring, renumbering,
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1 and amending s. 288.1185, F.S.; assigning
2 administrative responsibility for the Recycling
3 Markets Advisory Committee to the Department of
4 Environmental Protection; amending s. 288.1223,
5 F.S.; authorizing the Governor to designate a
6 person to serve on the Florida Commission on
7 Tourism and as the chair of the commission;
8 amending s. 288.1226, F.S.; providing for the
9 appointment of the president of the Florida
10 Tourism Industry Marketing Corporation and
11 specifying that the president serves at the
12 pleasure of the Governor; limiting certain
13 employee salaries unless such employees are
14 covered by a performance contract; amending s.
15 288.1229, F.S.; requiring an annual report on
16 the status of specified sports projects;
17 amending s. 288.1251, F.S.; renaming the Office
18 of the Film Commissioner the Governor's Office
19 of Film and Entertainment; renaming the Film
20 Commissioner as the Commissioner of Film and
21 Entertainment; authorizing receipt and
22 expenditure of certain grants and donations;
23 amending s. 288.1252, F.S.; renaming the
24 Florida Film Advisory Council the Florida Film
25 and Entertainment Advisory Council; amending s.
26 288.1253, F.S., relating to travel and
27 entertainment expenses; conforming terminology;
28 amending s. 288.7011, F.S.; revising conditions
29 under which certain assistance and support for
30 a statewide certified development corporation
31 shall cease; amending s. 288.901, F.S.;
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1 correcting a cross-reference; providing that
2 the Governor's designee may serve as
3 chairperson of the board of directors of
4 Enterprise Florida, Inc.; amending s. 288.9015,
5 F.S.; requiring Enterprise Florida, Inc., to
6 use specified programs to facilitate economic
7 development; amending s. 288.980, F.S.;
8 providing for Enterprise Florida, Inc., to
9 administer defense grant programs and make
10 recommendations to the Office of Tourism,
11 Trade, and Economic Development on approval of
12 grant awards; providing that certain
13 defense-related grants may be awarded only from
14 specifically appropriated funds; amending s.
15 288.99, F.S.; assigning certain responsibility
16 for ongoing administration of the Certified
17 Capital Company Act to the Department of
18 Banking and Finance; authorizing additional
19 applications for certification as a certified
20 capital company; amending s. 290.004, F.S.;
21 repealing certain definitions under the
22 enterprise zone program; defining the term
23 "rural enterprise zone"; amending s. 290.0056,
24 F.S.; providing for a reporting requirement for
25 enterprise zone development agencies to
26 Enterprise Florida, Inc.; amending s. 290.0058,
27 F.S.; conforming to administration of the
28 enterprise zone program by Enterprise Florida,
29 Inc.; amending s. 290.0065, F.S.; providing for
30 Enterprise Florida, Inc., to administer the
31 enterprise zone program and make
6
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1 recommendations to the Office of Tourism,
2 Trade, and Economic Development; conforming
3 references; amending s. 290.0066, F.S.;
4 providing for Enterprise Florida, Inc., to make
5 recommendations to the Office of Tourism,
6 Trade, and Economic Development regarding
7 revocations of enterprise zone designations;
8 amending s. 290.00675, F.S.; providing for
9 Enterprise Florida, Inc., to make
10 recommendations to the Office of Tourism,
11 Trade, and Economic Development regarding
12 amendment of enterprise zone boundaries;
13 creating s. 290.00676, F.S.; authorizing the
14 Office of Tourism, Trade, and Economic
15 Development to amend the boundaries of a rural
16 enterprise zone and providing requirements with
17 respect thereto; creating s. 290.00677, F.S.;
18 modifying the employee residency requirements
19 for the enterprise zone job credit against the
20 sales tax and corporate income tax if the
21 business is located in a rural enterprise zone;
22 modifying the employee residency requirements
23 for maximum exemptions or credits with respect
24 to the sales tax credits for enterprise zone
25 job creation, for building materials used in
26 the rehabilitation of real property in an
27 enterprise zone, for business property used in
28 an enterprise zone, and for electrical energy
29 used in an enterprise zone, and the corporate
30 income tax enterprise zone job creation and
31 property tax credits if the business is located
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1 in a rural enterprise zone; providing
2 application time limitations; providing an
3 extended application period for certain
4 businesses to claim tax incentives; amending s.
5 290.00689, F.S.; conforming a cross-reference;
6 revising the eligibility criteria for certain
7 tax credits to include a review and
8 recommendation by Enterprise Florida, Inc.;
9 creating s. 290.00694, F.S.; authorizing the
10 Office of Tourism, Trade, and Economic
11 Development to designate rural champion
12 communities as enterprise zones; providing
13 requirements with respect thereto; amending s.
14 290.009, F.S.; specifying that Enterprise
15 Florida, Inc., shall serve as staff to the
16 Enterprise Zone Interagency Coordinating
17 Council; amending s. 290.014, F.S.; conforming
18 cross-references; amending s. 290.046, F.S.;
19 eliminating a limitation on the number of
20 economic development grants that an eligible
21 local government may receive under the Florida
22 Small Cities Community Development Block Grant
23 Program; specifying that cumulative grant
24 awards may not exceed certain ceilings;
25 amending s. 290.048, F.S.; authorizing the
26 Department of Community Affairs to establish
27 advisory committees relating to the Florida
28 Small Cities Community Development Block Grant
29 Program; repealing s. 290.049, F.S., relating
30 to the Community Development Block Grant
31 Advisory Council; amending s. 373.4149, F.S.;
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1 removing the director of the Office of Tourism,
2 Trade, and Economic Development from the
3 membership of the Miami-Dade County Lake Belt
4 Plan Implementation Committee; authorizing the
5 Institute of Food and Agricultural Sciences to
6 contract and receive money to support the
7 Florida State Rural Development Council;
8 requiring the Workforce Development Board of
9 Enterprise Florida, Inc., to develop a policy
10 authorizing placement of certain
11 workforce-training clients in self-employment
12 as a means of job placement; directing the
13 Office of Tourism, Trade, and Economic
14 Development and Enterprise Florida, Inc., to
15 establish a unit responsible for forecasting
16 and responding to certain economic development
17 events; creating an Economic Development
18 Leadership Council to provide leadership
19 related to such events; requiring a report and
20 recommendations; providing legislative intent;
21 providing for creation and purpose of the
22 Toolkit for Economic Development; defining the
23 term "economically distressed"; requiring the
24 appointment of liaisons from agencies and
25 organizations; providing for requirements and
26 duties; creating coordinating partners to serve
27 as the program's executive committee; providing
28 for duties and powers; providing for waivers of
29 state-required matching-funds requirements;
30 requiring an inventory of programs that help
31 economically distressed communities; requiring
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1 that the inventory be categorized; creating the
2 Start-Up Initiative to promote the use of the
3 inventory; providing for identification of
4 communities; providing for solicitation of
5 proposals; providing for proposal content;
6 providing for review process and evaluation
7 criteria; providing for funding; providing for
8 the designation of communities of critical
9 economic opportunity; providing an
10 appropriation to the coordinating partners;
11 providing for use of funds and certification;
12 providing for reporting; providing for
13 expiration; creating s. 288.1260, F.S.;
14 creating the Front Porch Florida initiative;
15 providing legislative intent; providing for
16 purposes and principles of the program;
17 creating liaisons to Front Porch Florida
18 communities; providing for liaison requirements
19 and duties; providing for use of the inventory
20 of federal and state resources; providing for
21 application requirements; providing for the
22 formation of a Governor's Revitalization
23 Council; providing for duties; providing for
24 monitoring and reporting; creating s. 239.521,
25 F.S.; providing intent; providing for
26 development of a 2-year vocational and
27 technical distance-learning curriculum for
28 information-technology workers; providing for
29 internship opportunities for high school and
30 postsecondary information-technology vocational
31 faculty and students in information-technology
10
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1 businesses; providing a means for increasing
2 the capability and accessibility of
3 information-technology-training providers
4 through state-of-the-art facilities; amending
5 s. 240.311, F.S.; requiring the State Board of
6 Community Colleges to identify training
7 programs for broadband digital media
8 specialists; requiring that such programs be
9 added to lists for demand occupations under
10 certain circumstances; amending s. 240.3341,
11 F.S.; encouraging community colleges to
12 establish incubator facilities for digital
13 media content and technology development;
14 creating s. 240.710, F.S.; requiring the Board
15 of Regents to create a Digital Media Education
16 Coordination Group; providing membership;
17 providing purposes; requiring development of a
18 plan; requiring submission of plans to the
19 Legislature; requiring the Workforce
20 Development Board to reserve funds for digital
21 media industry training; providing direction on
22 training; requiring the Workforce Development
23 Board to develop a plan for the use of certain
24 funds to enhance workforce of digital media
25 related industries; providing direction on plan
26 development; providing a contingent
27 appropriation to the Digital Media Education
28 Infrastructure Fund; providing requirements for
29 contracting and use of funds; requiring
30 Enterprise Florida, Inc., to convene a
31 broadband digital media industries group;
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1 requiring identification, designation, and
2 priority of digital media sector in sector
3 strategy; requiring Enterprise Florida, Inc.,
4 to contract for establishment of digital media
5 incubator; providing contract requirements;
6 providing an appropriation; requiring industry
7 participation in funding; providing direction
8 for incubator location; requiring ITFlorida, in
9 cooperation with Enterprise Florida, Inc., to
10 prepare a marketing plan promoting the state to
11 digital media industries; providing that
12 certain provisions relating to digital media
13 are subject to legislative appropriation;
14 amending s. 331.367, F.S.; revising provisions
15 with respect to the Spaceport Management
16 Council; directing the council to submit
17 recommendations; providing for the
18 participation of federal officials; amending s.
19 331.368, F.S.; expanding the purpose of the
20 Florida Space Research Institute; revising the
21 membership of the institute; prescribing
22 additional duties of the institute; creating
23 the Space Industry Workforce Initiative;
24 requiring the Workforce Development Board of
25 Enterprise Florida, Inc., to develop
26 initiatives to address the workforce needs of
27 the industry; prescribing criteria; requiring
28 the board to convene industry representatives;
29 requiring a report; creating s. 331.3685, F.S.;
30 creating the Florida Space-Industry
31 Research-Development Program to finance
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1 space-related research projects and programs;
2 providing for certain sales-tax collections to
3 be retained by the Kennedy Space Center Visitor
4 Complex and distributed to the Florida Space
5 Research Institute; prescribing uses of such
6 funds; requiring an annual accounting of such
7 funds; providing for review of funding
8 proposals by the Office of Tourism, Trade, and
9 Economic Development; requiring a contract with
10 the office governing distribution of funds
11 under the program; amending s. 212.08, F.S.;
12 providing for sales-tax collections from the
13 Kennedy Space Center Visitor Complex to be
14 retained by the complex and distributed to the
15 Florida Space Research Institute; providing for
16 reporting of sales to the Department of Revenue
17 as prescribed by rules; amending s. 556.108,
18 F.S.; providing for performing the demolition
19 or excavation of single-family residential
20 property; creating the Commission on Basic
21 Research for the Future of Florida; prescribing
22 membership of the commission; providing a
23 purpose for the commission; requiring the use
24 of state resources; providing for staffing,
25 administration, and information sharing;
26 requiring a report; repealing s. 288.039, F.S.,
27 relating to the Employing and Training our
28 Youths (ENTRY) program; repealing s.
29 288.095(3)(c), F.S., relating to a required
30 report on activities under the Economic
31 Development Incentives Account of the Economic
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1 Development Trust Fund; providing an effective
2 date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsections (2) and (9) of section 14.2015,
7 Florida Statutes, are amended to read:
8 14.2015 Office of Tourism, Trade, and Economic
9 Development; creation; powers and duties.--
10 (2) The purpose of the Office of Tourism, Trade, and
11 Economic Development is to assist the Governor in working with
12 the Legislature, state agencies, business leaders, and
13 economic development professionals to formulate and implement
14 coherent and consistent policies and strategies designed to
15 provide economic opportunities for all Floridians. To
16 accomplish such purposes, the Office of Tourism, Trade, and
17 Economic Development shall:
18 (a) Contract, notwithstanding the provisions of part I
19 of chapter 287, with the direct-support organization created
20 under s. 288.1229 to guide, stimulate, and promote the sports
21 industry in the state, to promote the participation of
22 Florida's citizens in amateur athletic competition, and to
23 promote Florida as a host for national and international
24 amateur athletic competitions.
25 (b) Monitor the activities of public-private
26 partnerships and state agencies in order to avoid duplication
27 and promote coordinated and consistent implementation of
28 programs in areas including, but not limited to, tourism;
29 international trade and investment; business recruitment,
30 creation, retention, and expansion; minority and small
31 business development; and rural community development.
14
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1 (c) Facilitate the direct involvement of the Governor
2 and the Lieutenant Governor in economic development projects
3 designed to create, expand, and retain Florida businesses and
4 to recruit worldwide business, as well as in other
5 job-creating efforts.
6 (d) Assist the Governor, in cooperation with
7 Enterprise Florida, Inc., and the Florida Commission on
8 Tourism, in preparing an annual report to the Legislature on
9 the state of the business climate in Florida and on the state
10 of economic development in Florida which will include the
11 identification of problems and the recommendation of
12 solutions. This report shall be submitted to the President of
13 the Senate, the Speaker of the House of Representatives, the
14 Senate Minority Leader, and the House Minority Leader by
15 January 1 of each year, and it shall be in addition to the
16 Governor's message to the Legislature under the State
17 Constitution and any other economic reports required by law.
18 (e) Plan and conduct at least one meeting per calendar
19 year of leaders in business, government, and economic
20 development called by the Governor to address the business
21 climate in the state, develop a common vision for the economic
22 future of the state, and identify economic development efforts
23 to fulfill that vision.
24 (f)1. Administer the Florida Enterprise Zone Act under
25 ss. 290.001-290.016, the community contribution tax credit
26 program under ss. 220.183 and 624.5105, the tax refund program
27 for qualified target industry businesses under s. 288.106, the
28 tax-refund program for qualified defense contractors under s.
29 288.1045, contracts for transportation projects under s.
30 288.063, the sports franchise facility program under s.
31 288.1162, the professional golf hall of fame facility program
15
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1 under s. 288.1168, the expedited permitting process under s.
2 403.973, the Rural Community Development Revolving Loan Fund
3 under s. 288.065, the Regional Rural Development Grants
4 Program under s. 288.018, the Certified Capital Company Act
5 under s. 288.99, the Florida State Rural Development Council,
6 the Rural Economic Development Initiative, and other programs
7 that are specifically assigned to the office by law, by the
8 appropriations process, or by the Governor. Notwithstanding
9 any other provisions of law, the office may expend interest
10 earned from the investment of program funds deposited in the
11 Economic Development Trust Fund, the Grants and Donations
12 Trust Fund, the Brownfield Property Ownership Clearance
13 Assistance Revolving Loan Trust Fund, and the Economic
14 Development Transportation Trust Fund to contract for the
15 administration of the programs, or portions of the programs,
16 enumerated in this paragraph or assigned to the office by law,
17 by the appropriations process, or by the Governor. Such
18 expenditures shall be subject to review under chapter 216.
19 2. The office may enter into contracts in connection
20 with the fulfillment of its duties concerning the Florida
21 First Business Bond Pool under chapter 159, tax incentives
22 under chapters 212 and 220, tax incentives under the Certified
23 Capital Company Act in chapter 288, foreign offices under
24 chapter 288, the Enterprise Zone program under chapter 290,
25 the Seaport Employment Training program under chapter 311, the
26 Florida Professional Sports Team License Plates under chapter
27 320, Spaceport Florida under chapter 331, Expedited Permitting
28 under chapter 403, and in carrying out other functions that
29 are specifically assigned to the office by law, by the
30 appropriations process, or by the Governor.
31
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1 (g) Serve as contract administrator for the state with
2 respect to contracts with Enterprise Florida, Inc., the
3 Florida Commission on Tourism, and all direct-support
4 organizations under this act, excluding those relating to
5 tourism. To accomplish the provisions of this act and
6 applicable provisions of chapter 288, and notwithstanding the
7 provisions of part I of chapter 287, the office shall enter
8 into specific contracts with Enterprise Florida, Inc., the
9 Florida Commission on Tourism, and other appropriate
10 direct-support organizations. Such contracts may be multiyear
11 and shall include specific performance measures for each year.
12 (h) Provide administrative oversight for the
13 Governor's Office of the Film and Entertainment Commissioner,
14 created under s. 288.1251, to develop, promote, and provide
15 services to the state's entertainment industry and to
16 administratively house the Florida Film and Entertainment
17 Advisory Council created under s. 288.1252.
18 (i) Prepare and submit as a separate budget entity a
19 unified budget request for tourism, trade, and economic
20 development in accordance with chapter 216 for, and in
21 conjunction with, Enterprise Florida, Inc., and its boards,
22 the Florida Commission on Tourism and its direct-support
23 organization, the Florida Black Business Investment Board, the
24 Governor's Office of the Film and Entertainment Commissioner,
25 and the direct-support organization created to promote the
26 sports industry.
27 (j) Adopt rules, as necessary, to carry out its
28 functions in connection with the administration of the
29 Qualified Target Industry program, the Qualified Defense
30 Contractor program, the Certified Capital Company Act, the
31
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1 Enterprise Zone program, and the Florida First Business Bond
2 pool.
3 (k) By January 15 of each year, the Office of Tourism,
4 Trade, and Economic Development shall submit to the Governor,
5 the President of the Senate, and the Speaker of the House of
6 Representatives a complete and detailed report of all
7 applications received and recommendations made or actions
8 taken during the previous fiscal year under all programs
9 funded out of the Economic Development Incentives Account or
10 the Economic Development Transportation Trust Fund. The Office
11 of Tourism, Trade, and Economic Development, with the
12 cooperation of Enterprise Florida, Inc., shall also include in
13 the report a detailed analysis of all final decisions issued;
14 agreements or other contracts executed; and tax refunds paid
15 or other payments made under all programs funded from the
16 above named sources, including analysis of benefits and costs,
17 types of projects supported, and employment and investment
18 created. The report shall also include a separate analysis of
19 the impact of such tax refunds and other payments approved for
20 rural cities or communities as defined in s. 288.106(2)(s) and
21 state enterprise zones designated pursuant to s. 290.0065.
22 (9)(a) The Office of Urban Opportunity is created
23 within the Office of Tourism, Trade, and Economic Development.
24 The director of the Office of Urban Opportunity shall be
25 appointed by and serve at the pleasure of the Governor.
26 (b) The purpose of the Office of Urban Opportunity
27 shall be to administer the Front Porch Florida initiative, a
28 comprehensive, community-based urban core redevelopment
29 program that will empower urban core residents to craft
30 solutions to the unique challenges of each designated
31 community. Front Porch Florida shall serve as a "civic
18
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1 switchboard," connecting each Front Porch Florida community
2 with federal, state, and private-sector resources necessary to
3 implement the program.
4 (c) The Office of Urban Opportunity may be assisted in
5 carrying out its duties by the Department of Community
6 Affairs.
7 (d) The selection criteria for designating Front Porch
8 Communities must give priority consideration to communities
9 where there is an active grant award from the U.S. Department
10 of Housing and Urban Development under the HOPE VI program and
11 there is:
12 1. Documented support by the unit of local government
13 to redevelop the neighborhoods surrounding the HOPE VI
14 project.
15 2. A joint agreement between the local government and
16 the public housing authority receiving the HOPE VI grant
17 regarding the redevelopment of neighborhoods surrounding the
18 HOPE VI project.
19 3. A plan to promote the redevelopment of the HOPE VI
20 neighborhoods; to disperse the location of publicly assisted
21 housing within the neighborhood and to promote mixed-income
22 neighborhoods; to promote home ownership; and to involve the
23 residents of the neighborhood in redevelopment.
24 Section 2. Section 163.2523, Florida Statutes, is
25 amended to read:
26 163.2523 Grant program.--An Urban Infill and
27 Redevelopment Assistance Grant Program is created for local
28 governments. A local government may allocate grant money to
29 special districts, including community redevelopment agencies,
30 and nonprofit community development organizations to implement
31 projects consistent with an adopted urban infill and
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1 redevelopment plan or plan employed in lieu thereof. Thirty
2 percent of the general revenue appropriated for this program
3 shall be available for planning grants to be used by local
4 governments for the development of an urban infill and
5 redevelopment plan, including community participation
6 processes for the plan. Sixty percent of the general revenue
7 appropriated for this program shall be available for
8 fifty/fifty matching grants for implementing urban infill and
9 redevelopment projects that further the objectives set forth
10 in the local government's adopted urban infill and
11 redevelopment plan or plan employed in lieu thereof. The
12 remaining 10 percent of the revenue must be used for outright
13 grants for implementing projects requiring an expenditure of
14 under $50,000. Projects that provide employment opportunities
15 to clients of the WAGES program and projects within urban
16 infill and redevelopment areas that include a community
17 redevelopment area, Florida Main Street program, Front Porch
18 Florida Community, sustainable community, enterprise zone,
19 federal enterprise zone, enterprise community, or neighborhood
20 improvement district, and projects that include the recipient
21 of a HOPE VI grant from the U.S. Department of Housing and
22 Urban Development, must be given an elevated priority in the
23 scoring of competing grant applications. The Division of
24 Housing and Community Development of the Department of
25 Community Affairs shall administer the grant program. The
26 Department of Community Affairs shall adopt rules establishing
27 grant review criteria consistent with this section.
28 Section 3. Paragraph (c) of subsection (6) of section
29 420.5087, Florida Statutes, is amended to read:
30 420.5087 State Apartment Incentive Loan
31 Program.--There is hereby created the State Apartment
20
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1 Incentive Loan Program for the purpose of providing first,
2 second, or other subordinated mortgage loans or loan
3 guarantees to sponsors, including for-profit, nonprofit, and
4 public entities, to provide housing affordable to
5 very-low-income persons.
6 (6) On all state apartment incentive loans, except
7 loans made to housing communities for the elderly to provide
8 for lifesafety, building preservation, health, sanitation, or
9 security-related repairs or improvements, the following
10 provisions shall apply:
11 (c) The corporation shall provide by rule for the
12 establishment of a review committee composed of the department
13 and corporation staff and shall establish by rule a scoring
14 system for evaluation and competitive ranking of applications
15 submitted in this program, including, but not limited to, the
16 following criteria:
17 1. Tenant income and demographic targeting objectives
18 of the corporation.
19 2. Targeting objectives of the corporation which will
20 ensure an equitable distribution of loans between rural and
21 urban areas.
22 3. Sponsor's agreement to reserve the units for
23 persons or families who have incomes below 50 percent of the
24 state or local median income, whichever is higher, for a time
25 period to exceed the minimum required by federal law or the
26 provisions of this part.
27 4. Sponsor's agreement to reserve more than:
28 a. Twenty percent of the units in the project for
29 persons or families who have incomes that do not exceed 50
30 percent of the state or local median income, whichever is
31 higher; or
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1 b. Forty percent of the units in the project for
2 persons or families who have incomes that do not exceed 60
3 percent of the state or local median income, whichever is
4 higher, without requiring a greater amount of the loans as
5 provided in this section.
6 5. Provision for tenant counseling.
7 6. Sponsor's agreement to accept rental assistance
8 certificates or vouchers as payment for rent; however, when
9 certificates or vouchers are accepted as payment for rent on
10 units set aside pursuant to subsection (2), the benefit must
11 be divided between the corporation and the sponsor, as
12 provided by corporation rule.
13 7. Projects requiring the least amount of a state
14 apartment incentive loan compared to overall project cost.
15 8. Local government contributions and local government
16 comprehensive planning and activities that promote affordable
17 housing.
18 9. Project feasibility.
19 10. Economic viability of the project.
20 11. Commitment of first mortgage financing.
21 12. Sponsor's prior experience.
22 13. Sponsor's ability to proceed with construction.
23 14. Projects that directly implement or assist
24 welfare-to-work transitioning.
25 15. Projects receiving HOPE VI grants from the U.S.
26 Department of Housing and Urban Development.
27 Section 4. Subsection (6) of section 420.5089, Florida
28 Statutes, is amended to read:
29 420.5089 HOME Investment Partnership Program; HOME
30 fund.--
31
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1 (6) Applications for loans under any competitive
2 scoring process established by program rule must be approved
3 by a review committee established by corporation rule which
4 shall analyze factors, including, but not limited to, the
5 following:
6 (a) Demographic targeting objectives of the
7 corporation.
8 (b) Corporation portfolio diversification.
9 (c) Developer's agreement to make units for the
10 targeted group available for more than the minimum period
11 required by rule.
12 (d) Leveraging of HOME funds.
13 (e) Local matching funds.
14 (f) The project's feasibility and long-term economic
15 viability.
16 (g) Demonstrated capacity of the proposed project's
17 development team.
18 (h) Conformance with the consolidated plan for the
19 state and area in which the proposed project will be located.
20 (i) Projects receiving HOPE VI grants from the U.S.
21 Department of Housing and Urban Development.
22 (j)(i) Other factors determined and approved by the
23 corporation's board of directors.
24 Section 5. Subsection (3) of section 420.5093, Florida
25 Statutes, is amended to read:
26 420.5093 State Housing Tax Credit Program.--
27 (3) The corporation shall adopt allocation procedures
28 that will ensure the maximum use of available tax credits in
29 order to encourage development of low-income housing and
30 associated mixed-use projects in urban areas, taking into
31 consideration the timeliness of the application, the location
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1 of the proposed project, the relative need in the area of
2 revitalization and low-income housing and the availability of
3 such housing, the economic feasibility of the project, and the
4 ability of the applicant to proceed to completion of the
5 project in the calendar year for which the credit is sought.
6 The allocation procedure must give priority to projects
7 receiving HOPE VI grants from the U.S. Department of Housing
8 and Urban Development.
9 Section 6. Subsection (2) of section 420.5099, Florida
10 Statutes, is amended to read:
11 420.5099 Allocation of the low-income housing tax
12 credit.--
13 (2) The corporation shall adopt allocation procedures
14 that will ensure the maximum use of available tax credits in
15 order to encourage development of low-income housing in the
16 state, taking into consideration the timeliness of the
17 application, the location of the proposed housing project, the
18 relative need in the area for low-income housing and the
19 availability of such housing, the economic feasibility of the
20 project, and the ability of the applicant to proceed to
21 completion of the project in the calendar year for which the
22 credit is sought. The allocation procedure must give priority
23 to projects receiving HOPE VI grants from the U.S. Department
24 of Housing and Urban Development.
25 Section 7. Subsection (10) of section 159.705, Florida
26 Statutes, is amended to read:
27 159.705 Powers of the authority.--The authority is
28 authorized and empowered:
29 (10) Other provisions of law to the contrary
30 notwithstanding, to acquire by lease, without consideration,
31 purchase, or option any lands owned, administered, managed,
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1 controlled, supervised, or otherwise protected by the state or
2 any of its agencies, departments, boards, or commissions for
3 the purpose of establishing a research and development park,
4 subject to being first designated a research and development
5 authority under the provisions of ss. 159.701-159.7095. The
6 authority may cooperate with state and local political
7 subdivisions and with private profit and nonprofit entities to
8 implement the public purposes set out in s. 159.701. Such
9 cooperation may include agreements for the use of the
10 resources of state and local political subdivisions, agencies,
11 or entities on a fee-for-service basis or on a cost-recovery
12 basis. A project that is located in a research and development
13 park and is financed pursuant to the provisions of the Florida
14 Industrial Development Financing Act may be operated by a
15 research and development authority, a state university, a
16 Florida community college, or a governmental agency, provided
17 that the purpose and operation of such project is consistent
18 with the purposes and policies enumerated in ss.
19 159.701-159.7095.
20 Section 8. Section 159.8083, Florida Statutes, is
21 amended to read:
22 159.8083 Florida First Business allocation pool.--The
23 Florida First Business allocation pool is hereby established.
24 The Florida First Business allocation pool shall be available
25 solely to provide written confirmation for private activity
26 bonds to finance Florida First Business projects recommended
27 by Enterprise Florida, Inc., and certified by the Office of
28 Tourism, Trade, and Economic Development as eligible to
29 receive a written confirmation. Allocations from such pool
30 shall be awarded statewide pursuant to procedures specified in
31 s. 159.805, except that the provisions of s. 159.805(2), (3),
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1 and (6) do not apply. Florida First Business projects that are
2 eligible for a carryforward shall not lose their allocation on
3 November 16 if they have applied and have been granted a
4 carryforward. In issuing written confirmations of allocations
5 for Florida First Business projects, the division shall use
6 the Florida First Business allocation pool. If allocation is
7 not available from the Florida First Business allocation pool,
8 the division shall issue written confirmations of allocations
9 for Florida First Business projects pursuant to s. 159.806 or
10 s. 159.807, in such order. For the purpose of determining
11 priority within a regional allocation pool or the state
12 allocation pool, notices of intent to issue bonds for Florida
13 First Business projects to be issued from a regional
14 allocation pool or the state allocation pool shall be
15 considered to have been received by the division at the time
16 it is determined by the division that the Florida First
17 Business allocation pool is unavailable to issue confirmation
18 for such Florida First Business project. If the total amount
19 requested in notices of intent to issue private activity bonds
20 for Florida First Business projects exceeds the total amount
21 of the Florida First Business allocation pool, the director
22 shall forward all timely notices of intent to issue, which are
23 received by the division for such projects, to the Office of
24 Tourism, Trade, and Economic Development which shall render a
25 decision as to which notices of intent to issue are to receive
26 written confirmations. The Office of Tourism, Trade, and
27 Economic Development, in consultation with the division and
28 Enterprise Florida, Inc., shall develop rules to ensure that
29 the allocation provided in such pool is available solely to
30 provide written confirmations for private activity bonds to
31
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1 finance Florida First Business projects and that such projects
2 are feasible and financially solvent.
3 Section 9. Subsection (6) of section 163.3164, Florida
4 Statutes, is amended to read:
5 163.3164 Definitions.--As used in this act:
6 (6) "Development" has the meaning given it in s.
7 380.04 and the exemption given it in s. 380.04(3).
8 Section 10. Paragraph (j) of subsection (5) and
9 paragraph (eee) of subsection (7) of section 212.08, Florida
10 Statutes, are amended to read:
11 212.08 Sales, rental, use, consumption, distribution,
12 and storage tax; specified exemptions.--The sale at retail,
13 the rental, the use, the consumption, the distribution, and
14 the storage to be used or consumed in this state of the
15 following are hereby specifically exempt from the tax imposed
16 by this chapter.
17 (5) EXEMPTIONS; ACCOUNT OF USE.--
18 (j) Machinery and equipment used in semiconductor
19 silicon technology production and research and development.--
20 1. Industrial machinery and equipment purchased for
21 use in semiconductor silicon technology facilities certified
22 under subparagraph 6. 5. to manufacture, process, compound, or
23 produce semiconductor silicon technology products for sale or
24 for use by these facilities are exempt from the tax imposed by
25 this chapter.
26 2. Machinery and equipment are exempt from the tax
27 imposed by this chapter if purchased for use predominately in
28 semiconductor silicon wafer research and development
29 activities in a semiconductor silicon technology research and
30 development facility certified under subparagraph 6. 5.
31
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1 3. Building materials purchased for use in
2 manufacturing or expanding clean rooms in
3 semiconductor-manufacturing facilities are exempt from the tax
4 imposed by this chapter.
5 4.3. In addition to meeting the criteria mandated by
6 subparagraph 1., or subparagraph 2., or subparagraph 3., a
7 business must be certified by the Office of Tourism, Trade,
8 and Economic Development as authorized in this paragraph in
9 order to qualify for exemption under this paragraph.
10 5.4. For items purchased tax exempt pursuant to this
11 paragraph, possession of a written certification from the
12 purchaser, certifying the purchaser's entitlement to exemption
13 pursuant to this paragraph, relieves the seller of the
14 responsibility of collecting the tax on the sale of such
15 items, and the department shall look solely to the purchaser
16 for recovery of tax if it determines that the purchaser was
17 not entitled to the exemption.
18 6.5.a. To be eligible to receive the exemption
19 provided by subparagraph 1., or subparagraph 2., or
20 subparagraph 3., a qualifying business entity shall apply to
21 Enterprise Florida, Inc. The application shall be developed by
22 the Office of Tourism, Trade, and Economic Development in
23 consultation with Enterprise Florida, Inc.
24 b. Enterprise Florida, Inc., shall review each
25 submitted application and information and determine whether or
26 not the application is complete within 5 working days. Once an
27 application is complete, Enterprise Florida, Inc., shall,
28 within 10 working days, evaluate the application and recommend
29 approval or disapproval of the application to the Office of
30 Tourism, Trade, and Economic Development.
31
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1 c. Upon receipt of the application and recommendation
2 from Enterprise Florida, Inc., the Office of Tourism, Trade,
3 and Economic Development shall certify within 5 working days
4 those applicants who are found to meet the requirements of
5 this section and notify the applicant, Enterprise Florida,
6 Inc., and the department of the certification. If the Office
7 of Tourism, Trade, and Economic Development finds that the
8 applicant does not meet the requirements of this section, it
9 shall notify the applicant and Enterprise Florida, Inc.,
10 within 10 working days that the application for certification
11 has been denied and the reasons for denial. The Office of
12 Tourism, Trade, and Economic Development has final approval
13 authority for certification under this section.
14 7.6.a. A business certified to receive this exemption
15 may apply once each year for the exemption.
16 b. The first claim submitted by a business may include
17 all eligible expenditures made after the date the business was
18 certified.
19 b.c. To apply for the annual exemption, the business
20 shall submit a claim to the Office of Tourism, Trade, and
21 Economic Development, which claim indicates and documents the
22 sales and use taxes otherwise payable on eligible machinery
23 and equipment. The application claim must also indicate, for
24 program evaluation purposes only, the average number of
25 full-time equivalent employees at the facility over the
26 preceding calendar year, the average wage and benefits paid to
27 those employees over the preceding calendar year, and the
28 total investment made in real and tangible personal property
29 over the preceding calendar year, and the total value of
30 tax-exempt purchases and taxes exempted during the previous
31 year or, for the first claim submitted, since the date of
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1 certification. The department shall assist the Office of
2 Tourism, Trade, and Economic Development in evaluating and
3 verifying information provided in the application for
4 exemption.
5 c.d. The Office of Tourism, Trade, and Economic
6 Development may use the information reported on the
7 application claims for evaluation purposes only and shall
8 prepare an annual report on the exemption program and its cost
9 and impact. The annual report for the preceding fiscal year
10 shall be submitted to the Governor, the President of the
11 Senate, and the Speaker of the House of Representatives by
12 September 30 of each fiscal year. This report may be submitted
13 in conjunction with the annual report required in s.
14 288.095(3)(c).
15 8.7. A business certified to receive this exemption
16 may elect to designate one or more state universities or
17 community colleges as recipients of up to 100 percent of the
18 amount of the exemption for which they may qualify. To receive
19 these funds, the institution must agree to match the funds so
20 earned with equivalent cash, programs, services, or other
21 in-kind support on a one-to-one basis in the pursuit of
22 research and development projects as requested by the
23 certified business. The rights to any patents, royalties, or
24 real or intellectual property must be vested in the business
25 unless otherwise agreed to by the business and the university
26 or community college.
27 9.8. As used in this paragraph, the term:
28 a. "Predominately" means at least 50 percent of the
29 time in qualifying research and development.
30 b. "Research and development" means basic and applied
31 research in the science or engineering, as well as the design,
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1 development, and testing of prototypes or processes of new or
2 improved products. Research and development does not include
3 market research, routine consumer product testing, sales
4 research, research in the social sciences or psychology,
5 nontechnological activities, or technical services.
6 c. "Semiconductor Silicon technology products" means
7 raw semiconductor silicon wafers or semiconductor thin films
8 that are transformed into semiconductor memory or logic
9 wafers, including wafers containing mixed memory and logic
10 circuits; related assembly and test operations; active-matrix
11 flat panel displays; semiconductor chips; semiconductor
12 lasers; optoelectronic elements; and related semiconductor
13 silicon technology products as determined by the Office of
14 Tourism, Trade, and Economic Development.
15 d. "Clean rooms" means manufacturing facilities
16 enclosed in a manner that meets the clean manufacturing
17 requirements necessary for high-technology
18 semiconductor-manufacturing environments.
19 (7) MISCELLANEOUS EXEMPTIONS.--
20 (eee) Certain repair and labor charges.--
21 1. Subject to the provisions of subparagraphs 2. and
22 3., there is exempt from the tax imposed by this chapter all
23 labor charges for the repair of, and parts and materials used
24 in the repair of and incorporated into, industrial machinery
25 and equipment that which is used for the manufacture,
26 processing, compounding, or production, or production and
27 shipping of items of tangible personal property at a fixed
28 location within this state.
29 2. This exemption applies only to industries
30 classified under SIC Industry Major Group Numbers 10, 12, 13,
31 14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
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1 35, 36, 37, 38, and 39 and Industry Group Number 212. As used
2 in this subparagraph, "SIC" means those classifications
3 contained in the Standard Industrial Classification Manual,
4 1987, as published by the Office of Management and Budget,
5 Executive Office of the President.
6 3. This exemption shall be applied as follows:
7 a. Beginning July 1, 1999, 25 percent of such charges
8 for repair parts and labor shall be exempt.
9 b. Beginning July 1, 2000, 50 percent of such charges
10 for repair parts and labor shall be exempt.
11 c. Beginning July 1, 2001, 75 percent of such charges
12 for repair parts and labor shall be exempt.
13 d. Beginning July 1, 2002, 100 percent of such charges
14 for repair parts and labor shall be exempt.
15
16 Exemptions provided to any entity by this subsection shall not
17 inure to any transaction otherwise taxable under this chapter
18 when payment is made by a representative or employee of such
19 entity by any means, including, but not limited to, cash,
20 check, or credit card even when that representative or
21 employee is subsequently reimbursed by such entity.
22 Section 11. The amendment to section 212.08(7)(eee)2.,
23 Florida Statutes, made by this act is remedial in nature and
24 shall have the force and effect as if SIC Code 35 had been
25 included from July 1, 1999.
26 Section 12. Subsection (2) of section 212.097, Florida
27 Statutes, is amended to read:
28 212.097 Urban High-Crime Area Job Tax Credit
29 Program.--
30 (2) As used in this section, the term:
31
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1 (a) "Eligible business" means any sole proprietorship,
2 firm, partnership, or corporation that is located in a
3 qualified county and is predominantly engaged in, or is
4 headquarters for a business predominantly engaged in,
5 activities usually provided for consideration by firms
6 classified within the following standard industrial
7 classifications: SIC 01 through SIC 09 (agriculture,
8 forestry, and fishing); SIC 20 through SIC 39 (manufacturing);
9 SIC 52 through SIC 57 and SIC 59 (retail); SIC 422 (public
10 warehousing and storage); SIC 70 (hotels and other lodging
11 places); SIC 7391 (research and development); SIC 781 (motion
12 picture production and allied services); SIC 7992 (public golf
13 courses); and SIC 7996 (amusement parks). A call center or
14 similar customer service operation that services a multistate
15 market or international market is also an eligible business.
16 In addition, the Office of Tourism, Trade, and Economic
17 Development may, as part of its final budget request submitted
18 pursuant to s. 216.023, recommend additions to or deletions
19 from the list of standard industrial classifications used to
20 determine an eligible business, and the Legislature may
21 implement such recommendations. Excluded from eligible
22 receipts are receipts from retail sales, except such receipts
23 for SIC 52 through SIC 57 and SIC 59 (retail) hotels and other
24 lodging places classified in SIC 70, public golf courses in
25 SIC 7992, and amusement parks in SIC 7996. For purposes of
26 this paragraph, the term "predominantly" means that more than
27 50 percent of the business's gross receipts from all sources
28 is generated by those activities usually provided for
29 consideration by firms in the specified standard industrial
30 classification. The determination of whether the business is
31 located in a qualified high-crime area and the tier ranking of
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1 that area must be based on the date of application for the
2 credit under this section. Commonly owned and controlled
3 entities are to be considered a single business entity.
4 (b) "Qualified employee" means any employee of an
5 eligible business who performs duties in connection with the
6 operations of the business on a regular, full-time basis for
7 an average of at least 36 hours per week for at least 3 months
8 within the qualified high-crime area in which the eligible
9 business is located. An owner or partner of the eligible
10 business is not a qualified employee. The term also includes
11 an employee leased from an employee leasing company licensed
12 under chapter 468, if such employee has been continuously
13 leased to the employer for an average of at least 36 hours per
14 week for more than 6 months.
15 (c) "New business" means any eligible business first
16 beginning operation on a site in a qualified high-crime area
17 and clearly separate from any other commercial or business
18 operation of the business entity within a qualified high-crime
19 area. A business entity that operated an eligible business
20 within a qualified high-crime area within the 48 months before
21 the period provided for application by subsection (3) is not
22 considered a new business.
23 (d) "Existing business" means any eligible business
24 that does not meet the criteria for a new business.
25 (e) "Qualified high-crime area" means an area selected
26 by the Office of Tourism, Trade, and Economic Development in
27 the following manner: every third year, the office shall rank
28 and tier those areas nominated under subsection (8), according
29 to the following prioritized criteria:
30
31
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1 1. Highest arrest rates within the geographic area for
2 violent crime and for such other crimes as drug sale, drug
3 possession, prostitution, vandalism, and civil disturbances;
4 2. Highest reported crime volume and rate of specific
5 property crimes such as business and residential burglary,
6 motor vehicle theft, and vandalism;
7 3. Highest percentage of reported index crimes that
8 are violent in nature;
9 4. Highest overall index crime volume for the area;
10 and
11 5. Highest overall index crime rate for the geographic
12 area.
13
14 Tier-one areas are ranked 1 through 5 and represent the
15 highest crime areas according to this ranking. Tier-two areas
16 are ranked 6 through 10 according to this ranking. Tier-three
17 areas are ranked 11 through 15. Notwithstanding this
18 definition, "qualified high-crime area" also means an area
19 that has been designated as a federal Empowerment Zone
20 pursuant to the Taxpayer Relief Act of 1997. Such a designated
21 area is ranked in tier three until the areas are reevaluated
22 by the Office of Tourism, Trade, and Economic Development.
23 Section 13. Subsection (2) of section 212.098, Florida
24 Statutes, is amended to read:
25 212.098 Rural Job Tax Credit Program.--
26 (2) As used in this section, the term:
27 (a) "Eligible business" means any sole proprietorship,
28 firm, partnership, or corporation that is located in a
29 qualified county and is predominantly engaged in, or is
30 headquarters for a business predominantly engaged in,
31 activities usually provided for consideration by firms
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1 classified within the following standard industrial
2 classifications: SIC 01 through SIC 09 (agriculture,
3 forestry, and fishing); SIC 20 through SIC 39 (manufacturing);
4 SIC 422 (public warehousing and storage); SIC 70 (hotels and
5 other lodging places); SIC 7391 (research and development);
6 SIC 781 (motion picture production and allied services); SIC
7 7992 (public golf courses); and SIC 7996 (amusement parks). A
8 call center or similar customer service operation that
9 services a multistate market or an international market is
10 also an eligible business. In addition, the Office of Tourism,
11 Trade, and Economic Development may, as part of its final
12 budget request submitted pursuant to s. 216.023, recommend
13 additions to or deletions from the list of standard industrial
14 classifications used to determine an eligible business, and
15 the Legislature may implement such recommendations. Excluded
16 from eligible receipts are receipts from retail sales, except
17 such receipts for hotels and other lodging places classified
18 in SIC 70, public golf courses in SIC 7992, and amusement
19 parks in SIC 7996. For purposes of this paragraph, the term
20 "predominantly" means that more than 50 percent of the
21 business's gross receipts from all sources is generated by
22 those activities usually provided for consideration by firms
23 in the specified standard industrial classification. The
24 determination of whether the business is located in a
25 qualified county and the tier ranking of that county must be
26 based on the date of application for the credit under this
27 section. Commonly owned and controlled entities are to be
28 considered a single business entity.
29 (b) "Qualified employee" means any employee of an
30 eligible business who performs duties in connection with the
31 operations of the business on a regular, full-time basis for
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1 an average of at least 36 hours per week for at least 3 months
2 within the qualified county in which the eligible business is
3 located. An owner or partner of the eligible business is not a
4 qualified employee.
5 (c) "Qualified county" means a county that has a
6 population of fewer than 75,000 persons, or any county that
7 has a population of 100,000 or less and is contiguous to a
8 county that has a population of less than 75,000, selected in
9 the following manner: every third year, the Office of
10 Tourism, Trade, and Economic Development shall rank and tier
11 the state's counties according to the following four factors:
12 1. Highest unemployment rate for the most recent
13 36-month period.
14 2. Lowest per capita income for the most recent
15 36-month period.
16 3. Highest percentage of residents whose incomes are
17 below the poverty level, based upon the most recent data
18 available.
19 4. Average weekly manufacturing wage, based upon the
20 most recent data available.
21
22 Tier-one qualified counties are those ranked 1 through 5 and
23 represent the state's least-developed counties according to
24 this ranking. Tier-two qualified counties are those ranked 6
25 through 10, and tier-three counties are those ranked 11
26 through 17. Notwithstanding this definition, "qualified
27 county" also means a county that contains an area that has
28 been designated as a federal Enterprise Community pursuant to
29 the 1999 Agricultural Appropriations Act. Such a designated
30 area shall be ranked in tier three until the areas are
31
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1 reevaluated by the Office of Tourism, Trade, and Economic
2 Development.
3 (d) "New business" means any eligible business first
4 beginning operation on a site in a qualified county and
5 clearly separate from any other commercial or business
6 operation of the business entity within a qualified county. A
7 business entity that operated an eligible business within a
8 qualified county within the 48 months before the period
9 provided for application by subsection (3) is not considered a
10 new business.
11 (e) "Existing business" means any eligible business
12 that does not meet the criteria for a new business.
13 Section 14. Section 218.075, Florida Statutes, is
14 amended to read:
15 218.075 Reduction or waiver of permit processing
16 fees.--Notwithstanding any other provision of law, the
17 Department of Environmental Protection and the water
18 management districts shall reduce or waive permit processing
19 fees for a county counties with a population of 75,000 50,000
20 or less, or a county with a population of 100,000 or less
21 which is contiguous to a county with a population of 75,000 or
22 less, based upon the most current census data, on April 1,
23 1994, until such counties exceed a population of 75,000 and a
24 municipality municipalities with a population of 25,000 or
25 less, or any county or municipality not included within a
26 metropolitan statistical area. Fee reductions or waivers shall
27 be approved on the basis of fiscal hardship or environmental
28 need for a particular project or activity. The governing body
29 must certify that the cost of the permit processing fee is a
30 fiscal hardship due to one of the following factors:
31
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1 (1) Per capita taxable value is less than the
2 statewide average for the current fiscal year;
3 (2) Percentage of assessed property value that is
4 exempt from ad valorem taxation is higher than the statewide
5 average for the current fiscal year;
6 (3) Any condition specified in s. 218.503, that
7 determines a state of financial emergency;
8 (4) Ad valorem operating millage rate for the current
9 fiscal year is greater than 8 mills; or
10 (5) A financial condition that is documented in annual
11 financial statements at the end of the current fiscal year and
12 indicates an inability to pay the permit processing fee during
13 that fiscal year.
14
15 The permit applicant must be the governing body of a county or
16 municipality or a third party under contract with a county or
17 municipality and the project for which the fee reduction or
18 waiver is sought must serve a public purpose. If a permit
19 processing fee is reduced, the total fee shall not exceed
20 $100.
21 Section 15. Section 288.012, Florida Statutes, is
22 amended to read:
23 288.012 State of Florida foreign offices.--The
24 Legislature finds that the expansion of international trade
25 and tourism is vital to the overall health and growth of the
26 economy of this state. This expansion is hampered by the lack
27 of technical and business assistance, financial assistance,
28 and information services for businesses in this state. The
29 Legislature finds that these businesses could be assisted by
30 providing these services at State of Florida foreign offices.
31 The Legislature further finds that the accessibility and
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1 provision of services at these offices can be enhanced through
2 cooperative agreements or strategic alliances between state
3 entities, local entities, foreign entities, and private
4 businesses.
5 (1)(a) The Office of Tourism, Trade, and Economic
6 Development is authorized to:
7 (a) approve the establishment and operation by
8 Enterprise Florida, Inc., and the Florida Commission on
9 Tourism of Establish and operate offices in foreign countries
10 for the purpose of promoting the trade and economic
11 development of the state, and promoting the gathering of trade
12 data information and research on trade opportunities in
13 specific countries.
14 (b) Enterprise Florida, Inc., and the Florida
15 Commission on Tourism, as agents for the Office of Tourism,
16 Trade, and Economic Development, may enter into agreements
17 with governmental and private sector entities to establish and
18 operate offices in foreign countries containing provisions
19 which may be in conflict with general laws of the state
20 pertaining to the purchase of office space, employment of
21 personnel, and contracts for services. When agreements
22 pursuant to this section are made which set compensation in
23 foreign currency, such agreements shall be subject to the
24 requirements of s. 215.425, but the purchase of foreign
25 currency by the Office of Tourism, Trade, and Economic
26 Development to meet such obligations shall be subject only to
27 s. 216.311.
28 (c) By September 1, 1997, the Office of Tourism,
29 Trade, and Economic Development shall develop a plan for the
30 disposition of the current foreign offices and the development
31 and location of additional foreign offices. The plan shall
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1 include, but is not limited to, a determination of the level
2 of funding needed to operate the current offices and any
3 additional offices and whether any of the current offices need
4 to be closed or relocated. Enterprise Florida, Inc., the
5 Florida Tourism Commission, the Florida Ports Council, the
6 Department of State, the Department of Citrus, and the
7 Department of Agriculture shall assist the Office of Tourism,
8 Trade, and Economic Development in the preparation of the
9 plan. All parties shall cooperate on the disposition or
10 establishment of the offices and ensure that needed space,
11 technical assistance, and support services are provided to
12 such entities at such foreign offices.
13 (2) By June 30, 1998, each foreign office shall have
14 in place an operational plan approved by the participating
15 boards or other governing authority, a copy of which shall be
16 provided to the Office of Tourism, Trade, and Economic
17 Development. These operating plans shall be reviewed and
18 updated each fiscal year and submitted annually thereafter to
19 Enterprise Florida, Inc., or the Florida Commission on Tourism
20 for review and approval. The plans shall include, at a
21 minimum, the following:
22 (a) Specific policies and procedures encompassing the
23 entire scope of the operation and management of each office.
24 (b) A comprehensive, commercial strategic plan
25 identifying marketing opportunities and industry sector
26 priorities for the foreign country or area in which a foreign
27 office is located.
28 (c) Provisions for access to information for Florida
29 businesses through the Florida Trade Data Center. Each
30 foreign office shall obtain and forward trade leads and
31
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1 inquiries to the center on a regular basis as called for in
2 the plan pursuant to paragraph (1)(c).
3 (d) Identification of new and emerging market
4 opportunities for Florida businesses. Each foreign office
5 shall provide the Florida Trade Data Center with a compilation
6 of foreign buyers and importers in industry sector priority
7 areas annually on an annual basis. In return, the Florida
8 Trade Data Center shall make available to each foreign office,
9 and to the entities identified in paragraph (1)(c), trade
10 industry, commodity, and opportunity information as specified
11 in the plan required in that paragraph. This information
12 shall be provided to the offices and the entities identified
13 in paragraph (1)(c) either free of charge or on a fee basis
14 with fees set only to recover the costs of providing the
15 information.
16 (e) Provision of access for Florida businesses to the
17 services of the Florida Trade Data Center, international trade
18 assistance services provided by state and local entities,
19 seaport and airport information, and other services identified
20 in the plan pursuant to paragraph (1)(c).
21 (f) Qualitative and quantitative performance measures
22 for each office including, but not limited to, the number of
23 businesses assisted, the number of trade leads and inquiries
24 generated, the number of foreign buyers and importers
25 contacted, and the amount and type of marketing conducted.
26 (3) By October 1 of each year, each foreign office
27 shall submit to Enterprise Florida, Inc., or the Florida
28 Commission on Tourism the Office of Tourism, Trade, and
29 Economic Development a complete and detailed report on its
30 activities and accomplishments during the preceding fiscal
31
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1 year. In a format provided by Enterprise Florida, Inc., the
2 report must set forth information on:
3 (a) The number of Florida companies assisted.
4 (b) The number of inquiries received about investment
5 opportunities in this state.
6 (c) The number of trade leads generated.
7 (d) The number of investment projects announced.
8 (e) The estimated U.S. dollar value of sales
9 confirmations.
10 (f) The number of representation agreements.
11 (g) The number of company consultations.
12 (h) Barriers or other issues affecting the effective
13 operation of the office.
14 (i) Changes in office operations which are planned for
15 the current fiscal year.
16 (j) Marketing activities conducted.
17 (k) Strategic alliances formed with organizations in
18 the country in which the office is located.
19 (l) Activities conducted with other Florida foreign
20 offices.
21 (m) Any other information that the office believes
22 would contribute to an understanding of its activities.
23 (4) The Office of Tourism, Trade, and Economic
24 Development, in connection with the establishment, operation,
25 and management of any of the its offices located in a foreign
26 country, is exempt from the provisions of ss. 255.21, 255.25,
27 and 255.254 relating to leasing of buildings; ss. 283.33 and
28 283.35 relating to bids for printing; ss. 287.001-287.20
29 relating to purchasing and motor vehicles; and ss.
30 282.003-282.111 relating to communications, and from all
31 statutory provisions relating to state employment.
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1 (a) Such exemptions The Office of Tourism, Trade, and
2 Economic Development may be exercised exercise such exemptions
3 only upon prior approval of the Governor.
4 (b) If approval for an exemption under this section is
5 granted as an integral part of a plan of operation for a
6 specified foreign office, such action shall constitute
7 continuing authority for the Office of Tourism, Trade, and
8 Economic Development to exercise of the exemption, but only in
9 the context and upon the terms originally granted. Any
10 modification of the approved plan of operation with respect to
11 an exemption contained therein must be resubmitted to the
12 Governor for his or her approval. An approval granted to
13 exercise an exemption in any other context shall be restricted
14 to the specific instance for which the exemption is to be
15 exercised.
16 (c) As used in this subsection, the term "plan of
17 operation" means the plan developed pursuant to subsection
18 (2).
19 (d) Upon final action by the Governor with respect to
20 a request to exercise the exemption authorized in this
21 subsection, the Office of Tourism, Trade, and Economic
22 Development shall report such action, along with the original
23 request and any modifications thereto, to the President of the
24 Senate and the Speaker of the House of Representatives within
25 30 days.
26 (5) Where feasible and appropriate, and subject to s.
27 288.1224(10), foreign offices established and operated under
28 this section may provide one-stop access to the economic
29 development, trade, and tourism information, services, and
30 programs of the state. Where feasible and appropriate, and
31
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1 subject to s. 288.1224(10), such offices may also be
2 collocated with other foreign offices of the state.
3 (6) The Office of Tourism, Trade, and Economic
4 Development is authorized to make and to enter into contracts
5 with Enterprise Florida, Inc., and the Florida Commission on
6 Tourism to carry out the provisions of this section. The
7 authority, duties, and exemptions provided in this section
8 apply to Enterprise Florida, Inc., and the Florida Commission
9 on Tourism to the same degree and subject to the same
10 conditions as applied to the Office of Tourism, Trade, and
11 Economic Development. To the greatest extent possible, such
12 contracts shall include provisions for cooperative agreements
13 or strategic alliances between state entities, foreign
14 entities, local entities, and private businesses to operate
15 foreign offices.
16 Section 16. Section 288.018, Florida Statutes, is
17 amended to read:
18 288.018 Regional Rural Development Grants Program.--
19 (1) Enterprise Florida, Inc., shall administer The
20 Office of Tourism, Trade, and Economic Development shall
21 establish a matching grant program to provide funding to
22 regionally based economic development organizations
23 representing rural counties and communities for the purpose of
24 building the professional capacity of their organizations.
25 Upon recommendation by Enterprise Florida, Inc., the Office of
26 Tourism, Trade, and Economic Development is authorized to
27 approve, on an annual basis, grants to such regionally based
28 economic development organizations. The maximum amount an
29 organization may receive in any year will be $35,000, or
30 $100,000 in a rural area of critical economic concern
31 recommended by the Rural Economic Development Initiative and
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1 designated by the Governor, and must be matched each year by
2 an equivalent amount of nonstate resources.
3 (2) In recommending the awards for funding, Enterprise
4 Florida, Inc., approving the participants, the Office of
5 Tourism, Trade, and Economic Development shall consider the
6 demonstrated need of the applicant for assistance and require
7 the following:
8 (a) Documentation of official commitments of support
9 from each of the units of local government represented by the
10 regional organization.
11 (b) Demonstration that each unit of local government
12 has made a financial or in-kind commitment to the regional
13 organization.
14 (c) Demonstration that the private sector has made
15 financial or in-kind commitments to the regional organization.
16 (d) Demonstration that the organization is in
17 existence and actively involved in economic development
18 activities serving the region.
19 (e) Demonstration of the manner in which the
20 organization is or will coordinate its efforts with those of
21 other local and state organizations.
22 (3) The Office of Tourism, Trade, and Economic
23 Development may approve awards expend up to a total of
24 $600,000 each fiscal year from funds appropriated to the Rural
25 Community Development Revolving Loan Fund for the purposes
26 outlined in this section.
27 Section 17. Section 288.064, Florida Statutes, is
28 created to read:
29 288.064 Legislative intent on rural economic
30 development.--
31
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1 (1) The Legislature finds and declares that, because
2 of climate, tourism, industrialization, technological
3 advances, federal and state government policies,
4 transportation, and migration, Florida's urban communities
5 have grown rapidly over the past 40 years. This growth and
6 prosperity, however, have not been shared by Florida's rural
7 communities, although these communities are the stewards of
8 the vast majority of the land and natural resources. Without
9 this land and these resources, the state's growth and
10 prosperity cannot continue. In short, successful rural
11 communities are essential to the overall success of the
12 state's economy.
13 (2) The Legislature further finds and declares that
14 many rural areas of the state are experiencing not only a lack
15 of growth but severe and sustained economic distress. Median
16 household incomes are significantly less than the state's
17 median household income level. Job creation rates trail those
18 in more urbanized areas. In many cases, rural counties have
19 lost jobs, which handicaps local economies and drains wealth
20 from these communities. These and other factors, including
21 government policies, amplify and compound social, health, and
22 community problems, making job creation and economic
23 development even more difficult. Moreover, the Legislature
24 finds that traditional program and service delivery is often
25 hampered by the necessarily rigid structure of the programs
26 themselves and the lack of local resources.
27 (3) It is the intent of the Legislature to provide for
28 the most efficient and effective delivery of programs of
29 assistance and support to rural communities, including the
30 use, where appropriate, of regulatory flexibility through
31 multiagency coordination and adequate funding. The Legislature
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1 determines and declares that the provision of such assistance
2 and support in this manner fulfills an important state
3 interest.
4 Section 18. Paragraph (d) of subsection (2) and
5 subsection (4) of section 288.0655, Florida Statutes, are
6 amended to read:
7 288.0655 Rural Infrastructure Fund.--
8 (2)
9 (d) By September 1, 2000 1999, the office shall pursue
10 execution of a memorandum of agreement with the United States
11 Department of Agriculture under which state funds available
12 through the Rural Infrastructure Fund may be advanced, in
13 excess of the prescribed state share, for a project that has
14 received from the department a preliminary determination of
15 eligibility for federal financial support. State funds in
16 excess of the prescribed state share which are advanced
17 pursuant to this paragraph and the memorandum of agreement
18 shall be reimbursed when funds are awarded under an
19 application for federal funding.
20 (4) By September 1, 2000 1999, the office shall, in
21 consultation with the organizations listed in subsection (3),
22 and other organizations, develop guidelines and criteria
23 governing submission of applications for funding, review and
24 evaluation of such applications, and approval of funding under
25 this section. The office shall consider factors including, but
26 not limited to, the project's potential for enhanced job
27 creation or increased capital investment, the demonstration of
28 local public and private commitment, the location of the
29 project in an enterprise zone, the location of the project in
30 a community development corporation service area as defined in
31 s. 290.035(2), the location of the project in a county
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1 designated under s. 212.097, the unemployment rate of the
2 surrounding area, and the poverty rate of the community.
3 Section 19. Subsection (2) of section 288.0656,
4 Florida Statutes, is amended and subsection (9) is added to
5 that section to read:
6 288.0656 Rural Economic Development Initiative.--
7 (2) As used in this section, the term:
8 (a) "Economic distress" means conditions affecting the
9 fiscal and economic viability of a rural community, including
10 such factors as low per capita income, low per capita taxable
11 values, high unemployment, high underemployment, low weekly
12 earned wages compared to the state average, low housing values
13 compared to the state average, high percentages of the
14 population receiving public assistance, high poverty levels
15 compared to the state average, and a lack of year-round stable
16 employment opportunities.
17 (b) "Rural community" means:
18 1. A county with a population of 75,000 or less.
19 2. A county with a population of 100,000 or less that
20 is contiguous to a county with a population of 75,000 or less.
21 3. A municipality within a county described in
22 subparagraph 1. or subparagraph 2.
23 4. An unincorporated federal enterprise community or
24 an incorporated rural city with a population of 25,000 or less
25 and an employment base focused on traditional agricultural or
26 resource-based industries, located in a county not described
27 in subparagraph 1. or subparagraph 2. which meets the criteria
28 established in subsection (9). defined as rural, which has at
29 least three or more of the economic distress factors
30 identified in paragraph (a) and verified by the Office of
31 Tourism, Trade, and Economic Development.
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1
2 For purposes of this paragraph, population shall be determined
3 in accordance with the most recent official estimate pursuant
4 to s. 186.901.
5 (9)(a) An unincorporated federal enterprise community
6 or an incorporated rural city as described in subparagraph
7 (2)(b)4. must apply to REDI for designation as rural by
8 resolution of the municipal governing body and demonstrate
9 that three or more of the factors of economic distress as
10 provided in paragraph (2)(a) exist within the community. REDI
11 shall verify such factors prior to approving the designation.
12 (b) Upon receiving such designation, an unincorporated
13 federal enterprise community or an incorporated rural city in
14 a nonrural county shall be eligible to apply for any program
15 specifically identified in statute as a rural program,
16 provided that it demonstrates that the county of jurisdiction
17 for such unincorporated federal enterprise community or rural
18 city is also providing support for each program application.
19 REDI may recommend criteria for the evaluation of such county
20 support to the administrative agency of each program. Such
21 communities shall also be eligible for any preferential
22 criteria or waivers of any program requirements specifically
23 identified in statute as available for rural counties, cities,
24 or communities when necessary to encourage and facilitate
25 long-term private capital investment and job creation.
26 Section 20. Section 288.1088, Florida Statutes, is
27 amended to read:
28 288.1088 Quick Action Closing Fund.--
29 (1)(a) The Legislature finds that attracting,
30 retaining, and providing favorable conditions for the growth
31 of certain target industries provides high-quality employment
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1 opportunities for residents of this state and enhances the
2 economic foundations of the state high-impact business
3 facilities provides widespread economic benefits to the public
4 through high-quality employment opportunities in such
5 facilities and in related facilities attracted to the state,
6 through the increased tax base provided by the high-impact
7 facility and businesses in related sectors, through an
8 enhanced entrepreneurial climate in the state and the
9 resulting business and employment opportunities, and through
10 the stimulation and enhancement of the state's universities
11 and community colleges. In the global economy, there exists
12 serious and fierce international competition for these
13 facilities, and in most instances, when all available
14 resources for economic development have been used, the state
15 continues to encounter severe competitive disadvantages in
16 vying for these high-impact business facilities.
17 (b) The Legislature therefore declares that sufficient
18 resources shall be available to respond to extraordinary
19 economic opportunities, and to compete effectively for these
20 high-value-added employment opportunities, and to enhance the
21 state's economic base by providing incentives to qualifying
22 businesses that require inducement beyond that available
23 through other sources to invest, grow, and create new
24 high-wage employment opportunities in this state and its
25 communities high-impact business facilities.
26 (2) There is created within the Office of Tourism,
27 Trade, and Economic Development the Quick Action Closing Fund,
28 also known as the 21st Century Fund.
29 (3)(a) Enterprise Florida, Inc., shall evaluate
30 individual proposals for target-industry businesses
31 high-impact business facilities and forward recommendations
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1 regarding the use of moneys in the fund for such projects
2 facilities to the director of the Office of Tourism, Trade,
3 and Economic Development. Such evaluation and recommendation
4 must include, but need not be limited to:
5 1. A description of the type of facility, its business
6 operation, and the product or service associated with the
7 project facility.
8 2. The number of full-time-equivalent jobs that will
9 be created by the project facility and the total estimated
10 average annual wages of those jobs.
11 3. The cumulative amount of investment to be dedicated
12 to the project facility within a specified period.
13 4. A statement of any special impacts the project
14 facility is expected to stimulate in a particular business
15 sector in the state or regional economy, or in the state's
16 universities and community colleges, or in a distressed
17 Florida community.
18 5. A statement of the role the incentive is expected
19 to play in the decision of the applicant business to locate or
20 expand in this state, an analysis of all other state and local
21 incentives that have been offered in this state, and an
22 analysis of the conditions and incentives offered by other
23 states and their communities.
24 (b) Upon receipt of the evaluation and recommendation
25 from Enterprise Florida, Inc., the director shall recommend
26 approval or disapproval of a project for receipt of funds from
27 the Quick Action Closing Fund to the Governor. In recommending
28 a target-industry business for this incentive high-impact
29 business facility, the director shall include proposed
30 performance conditions that the business facility must meet to
31 obtain incentive funds. The Governor shall consult with the
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1 President of the Senate and the Speaker of the House of
2 Representatives before giving final approval for a project.
3 The Executive Office of the Governor shall recommend approval
4 of a project and release of funds pursuant to the legislative
5 consultation and review requirements set forth in s. 216.177.
6 The recommendation must include proposed performance
7 conditions the project must meet to obtain funds.
8 (c) If a project is approved for the receipt of funds
9 Upon the approval of the Governor, the director of the Office
10 of Tourism, Trade, and Economic Development and the
11 high-impact business shall enter into a contract that sets
12 forth the conditions for payment of moneys from the fund. The
13 contract must include the total amount of funds awarded; the
14 performance conditions that must be met to obtain the award,
15 including, but not limited to, net new employment in the
16 state, average salary, and total capital investment; the
17 methodology for validating performance; the schedule of
18 payments from the fund; and sanctions for failure to meet
19 performance conditions.
20 (d) Enterprise Florida, Inc., shall validate
21 contractor performance. Such validation shall be reported
22 within 6 months after completion of the contract to the
23 Governor, President of the Senate, and the Speaker of the
24 House of Representatives.
25 Section 21. Subsections (1), (2), (4), (6), (8), and
26 (10) of section 288.1162, Florida Statutes, are amended to
27 read:
28 288.1162 Professional sports franchises; spring
29 training franchises; duties.--
30 (1) The direct-support organization authorized under
31 s. 288.1229 Office of Tourism, Trade, and Economic Development
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1 shall serve as the state agency for screening applicants and
2 shall make recommendations to the Office of Tourism, Trade,
3 and Economic Development for state funding pursuant to s.
4 212.20 and for certifying an applicant as a "facility for a
5 new professional sports franchise," a "facility for a retained
6 professional sports franchise," or a "new spring training
7 franchise facility." The Office of Tourism, Trade, and
8 Economic Development shall have the final approval for any
9 decision under this section.
10 (2) The direct-support organization authorized under
11 s. 288.1229 Office of Tourism, Trade, and Economic Development
12 shall develop guidelines rules for the receipt and processing
13 of applications for funding pursuant to s. 212.20.
14 (4) Prior to certifying an applicant as a "facility
15 for a new professional sports franchise" or a "facility for a
16 retained professional sports franchise," the direct-support
17 organization authorized under s. 288.1229 Office of Tourism,
18 Trade, and Economic Development must determine that:
19 (a) A "unit of local government" as defined in s.
20 218.369 is responsible for the construction, management, or
21 operation of the professional sports franchise facility or
22 holds title to the property on which the professional sports
23 franchise facility is located.
24 (b) The applicant has a verified copy of a signed
25 agreement with a new professional sports franchise for the use
26 of the facility for a term of at least 10 years, or in the
27 case of a retained professional sports franchise, an agreement
28 for use of the facility for a term of at least 20 years.
29 (c) The applicant has a verified copy of the approval
30 from the governing authority of the league in which the new
31 professional sports franchise exists authorizing the location
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1 of the professional sports franchise in this state after April
2 1, 1987, or in the case of a retained professional sports
3 franchise, verified evidence that it has had a
4 league-authorized location in this state on or before December
5 31, 1976. The term "league" means the National League or the
6 American League of Major League Baseball, the National
7 Basketball Association, the National Football League, or the
8 National Hockey League.
9 (d) The applicant has projections, verified by the
10 direct-support organization Office of Tourism, Trade, and
11 Economic Development, which demonstrate that the new or
12 retained professional sports franchise will attract a paid
13 attendance of more than 300,000 annually.
14 (e) The applicant has an independent analysis or
15 study, verified by the direct-support organization Office of
16 Tourism, Trade, and Economic Development, which demonstrates
17 that the amount of the revenues generated by the taxes imposed
18 under chapter 212 with respect to the use and operation of the
19 professional sports franchise facility will equal or exceed $2
20 million annually.
21 (f) The municipality in which the facility for a new
22 or retained professional sports franchise is located, or the
23 county if the facility for a new or retained professional
24 sports franchise is located in an unincorporated area, has
25 certified by resolution after a public hearing that the
26 application serves a public purpose.
27 (g) The applicant has demonstrated that it has
28 provided, is capable of providing, or has financial or other
29 commitments to provide more than one-half of the costs
30 incurred or related to the improvement and development of the
31 facility.
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1 (h) No applicant previously certified under any
2 provision of this section who has received funding under such
3 certification shall be eligible for an additional
4 certification.
5 (6) Prior to certifying an applicant as a "new spring
6 training franchise facility," the direct-support organization
7 authorized under s. 288.1229 Office of Tourism, Trade, and
8 Economic Development must determine that:
9 (a) A "unit of local government" as defined in s.
10 218.369 is responsible for the construction, management, or
11 operation of the new spring training franchise facility or
12 holds title to the property on which the new spring training
13 franchise facility is located.
14 (b) The applicant has a verified copy of a signed
15 agreement with a new spring training franchise for the use of
16 the facility for a term of at least 15 years.
17 (c) The applicant has a financial commitment to
18 provide 50 percent or more of the funds required by an
19 agreement for the use of the facility by the new spring
20 training franchise.
21 (d) The proposed facility for the new spring training
22 franchise is located within 20 miles of an interstate or other
23 limited-access highway system.
24 (e) The applicant has projections, verified by the
25 direct-support organization Office of Tourism, Trade, and
26 Economic Development, which demonstrate that the new spring
27 training franchise facility will attract a paid attendance of
28 at least 50,000 annually.
29 (f) The new spring training franchise facility is
30 located in a county that is levying a tourist development tax
31 pursuant to s. 125.0104(3)(b), (c), (d), and (l), at the rate
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1 of 4 percent by March 1, 1992, and, 87.5 percent of the
2 proceeds from such tax are dedicated for the construction of a
3 spring training complex.
4 (8) The direct-support organization authorized under
5 s. 288.1229 Office of Tourism, Trade, and Economic Development
6 shall notify the Department of Revenue of any facility
7 certified as a facility for a new professional sports
8 franchise or a facility for a retained professional sports
9 franchise or as a new spring training franchise facility. The
10 direct-support organization Office of Tourism, Trade, and
11 Economic Development may certify no more than eight facilities
12 as facilities for a new professional sports franchise, as
13 facilities for a retained professional sports franchise, or as
14 new spring training franchise facilities, including in such
15 total any facilities certified by the Department of Commerce
16 before July 1, 1996, and by the Office of Tourism, Trade, and
17 Economic Development before July 1, 2000. The office may make
18 No more than one certification may be made for any facility.
19 (10) An applicant shall not be qualified for
20 certification under this section if the franchise formed the
21 basis for a previous certification, unless the previous
22 certification was withdrawn by the facility or invalidated by
23 the direct-support organization authorized under s. 288.1229,
24 the Office of Tourism, Trade, and Economic Development, or the
25 Department of Commerce before any funds were distributed
26 pursuant to s. 212.20. This subsection does not disqualify an
27 applicant if the previous certification occurred between May
28 23, 1993, and May 25, 1993; however, any funds to be
29 distributed pursuant to s. 212.20 for the second certification
30 shall be offset by the amount distributed to the previous
31 certified facility. Distribution of funds for the second
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1 certification shall not be made until all amounts payable for
2 the first certification have been distributed.
3 Section 22. Section 288.1168, Florida Statutes, is
4 amended to read:
5 288.1168 Professional golf hall of fame facility;
6 duties.--
7 (1) The Department of Commerce shall serve as the
8 state agency for screening applicants for state funding
9 pursuant to s. 212.20 and for certifying one applicant as the
10 professional golf hall of fame facility in the state.
11 (2) Prior to certifying the professional golf hall of
12 fame facility, the Department of Commerce must determine that:
13 (a) The professional golf hall of fame facility is the
14 only professional golf hall of fame in the United States
15 recognized by the PGA Tour, Inc.
16 (b) The applicant is a unit of local government as
17 defined in s. 218.369 or a private sector group that has
18 contracted to construct or operate the professional golf hall
19 of fame facility on land owned by a unit of local government.
20 (c) The municipality in which the professional golf
21 hall of fame facility is located, or the county if the
22 facility is located in an unincorporated area, has certified
23 by resolution after a public hearing that the application
24 serves a public purpose.
25 (d) There are existing projections that the
26 professional golf hall of fame facility will attract a paid
27 attendance of more than 300,000 annually.
28 (e) There is an independent analysis or study, using
29 methodology approved by the department, which demonstrates
30 that the amount of the revenues generated by the taxes imposed
31 under chapter 212 with respect to the use and operation of the
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1 professional golf hall of fame facility will equal or exceed
2 $2 million annually.
3 (1)(f) Prior to certification, the applicant for the
4 certified professional golf hall of fame facility must submit
5 The applicant has submitted an agreement to provide $2 million
6 annually in national and international media promotion of the
7 professional golf hall of fame facility, Florida, and Florida
8 tourism, through the PGA Tour, Inc., or its affiliates, at the
9 then-current commercial rate, during the period of time that
10 the facility receives funds pursuant to s. 212.20. The
11 direct-support organization authorized under s. 288.1229
12 Office of Tourism, Trade, and Economic Development and the PGA
13 Tour, Inc., or its affiliates, must agree annually on a
14 reasonable percentage of advertising specifically allocated
15 for generic Florida advertising. The direct-support
16 organization authorized under s. 288.1229 Office of Tourism,
17 Trade, and Economic Development shall have final approval of
18 all generic advertising. Failure on the part of the PGA Tour,
19 Inc., or its affiliates to annually provide the advertising as
20 provided in this subsection paragraph or subsection (4) (6)
21 shall result in the termination of funding as provided in s.
22 212.20.
23 (g) Documentation exists that demonstrates that the
24 applicant has provided, is capable of providing, or has
25 financial or other commitments to provide more than one-half
26 of the costs incurred or related to the improvement and
27 development of the facility.
28 (h) The application is signed by an official senior
29 executive of the applicant and is notarized according to
30 Florida law providing for penalties for falsification.
31
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1 (2)(3) The certified professional golf hall of fame
2 facility applicant may use funds provided pursuant to s.
3 212.20 for the public purpose of paying for the construction,
4 reconstruction, renovation, or operation of the professional
5 golf hall of fame facility, or to pay or pledge for payment of
6 debt service on, or to fund debt service reserve funds,
7 arbitrage rebate obligations, or other amounts payable with
8 respect to, bonds issued for the construction, reconstruction,
9 or renovation of the facility or for the reimbursement of such
10 costs or the refinancing of bonds issued for such purpose.
11 (4) Upon determining that an applicant is or is not
12 certifiable, the Secretary of Commerce shall notify the
13 applicant of his or her status by means of an official letter.
14 If certifiable, the secretary shall notify the executive
15 director of the Department of Revenue and the applicant of
16 such certification by means of an official letter granting
17 certification. From the date of such certification, the
18 applicant shall have 5 years to open the professional golf
19 hall of fame facility to the public and notify the Office of
20 Tourism, Trade, and Economic Development of such opening. The
21 Department of Revenue shall not begin distributing funds until
22 30 days following notice by the Office of Tourism, Trade, and
23 Economic Development that the professional golf hall of fame
24 facility is open to the public.
25 (3)(5) The Department of Revenue may audit as provided
26 in s. 213.34 to verify that the distributions under this
27 section have been expended as required by this section.
28 (4)(6) The direct-support organization authorized
29 under s. 288.1229 Office of Tourism, Trade, and Economic
30 Development must recertify every 10 years that the facility is
31 open, continues to be the only professional golf hall of fame
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1 in the United States recognized by the PGA Tour, Inc., and is
2 meeting the minimum projections for attendance or sales tax
3 revenue as required at the time of original certification. If
4 the facility is not certified as meeting the minimum
5 projections, the PGA Tour, Inc., shall increase its required
6 advertising contribution of $2 million annually to $2.5
7 million annually in lieu of reduction of any funds as provided
8 by s. 212.20. The additional $500,000 must be allocated in its
9 entirety for the use and promotion of generic Florida
10 advertising as determined by the direct-support organization
11 authorized under s. 288.1229 Office of Tourism, Trade, and
12 Economic Development. If the facility is not open to the
13 public or is no longer in use as the only professional golf
14 hall of fame in the United States recognized by the PGA Tour,
15 Inc., the entire $2.5 million for advertising must be used for
16 generic Florida advertising as determined by the
17 direct-support organization authorized under s. 288.1229
18 Office of Tourism, Trade, and Economic Development.
19 Section 23. Section 288.1169, Florida Statutes, is
20 amended to read:
21 288.1169 International Game Fish Association World
22 Center facility; department duties.--
23 (1) The direct-support organization authorized under
24 s. 288.1229 Department of Commerce shall serve as the state
25 agency approving applicants for funding pursuant to s. 212.20
26 and for certifying the applicant as the International Game
27 Fish Association World Center facility. For purposes of this
28 section, "facility" means the International Game Fish
29 Association World Center, and "project" means the
30 International Game Fish Association World Center and new
31 colocated improvements by private sector concerns who have
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1 made cash or in-kind contributions to the facility of $1
2 million or more.
3 (2) Prior to certifying this facility, the
4 direct-support organization authorized under s. 288.1229
5 department must determine that:
6 (a) The International Game Fish Association World
7 Center is the only fishing museum, Hall of Fame, and
8 international administrative headquarters in the United States
9 recognized by the International Game Fish Association, and
10 that one or more private sector concerns have committed to
11 donate to the International Game Fish Association land upon
12 which the International Game Fish Association World Center
13 will operate.
14 (b) International Game Fish Association is a
15 not-for-profit Florida corporation that has contracted to
16 construct and operate the facility.
17 (c) The municipality in which the facility is located,
18 or the county if the facility is located in an unincorporated
19 area, has certified by resolution after a public hearing that
20 the facility serves a public purpose.
21 (d) There are existing projections that the
22 International Game Fish Association World Center facility and
23 the colocated facilities of private sector concerns will
24 attract an attendance of more than 1.8 million annually.
25 (e) There is an independent analysis or study, using
26 methodology approved by the direct-support organization
27 department, which demonstrates that the amount of the revenues
28 generated by the taxes imposed under chapter 212 with respect
29 to the use and operation of the project will exceed $1 million
30 annually.
31
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1 (f) There are existing projections that the project
2 will attract more than 300,000 persons annually who are not
3 residents of the state.
4 (g) The applicant has submitted an agreement to
5 provide $500,000 annually in national and international media
6 promotion of the facility, at the then-current commercial
7 rates, during the period of time that the facility receives
8 funds pursuant to s. 212.20. Failure on the part of the
9 applicant to annually provide the advertising as provided in
10 this paragraph shall result in the termination of the funding
11 as provided in s. 212.20. The applicant can discharge its
12 obligation under this paragraph by contracting with other
13 persons, including private sector concerns who participate in
14 the project.
15 (h) Documentation exists that demonstrates that the
16 applicant has provided, and is capable of providing, or has
17 financial or other commitments to provide, more than one-half
18 of the cost incurred or related to the improvements and the
19 development of the facility.
20 (i) The application is signed by senior officials of
21 the International Game Fish Association and is notarized
22 according to Florida law providing for penalties for
23 falsification.
24 (3) The applicant may use funds provided pursuant to
25 s. 212.20 for the purpose of paying for the construction,
26 reconstruction, renovation, promotion, or operation of the
27 facility, or to pay or pledge for payment of debt service on,
28 or to fund debt service reserve funds, arbitrage rebate
29 obligations, or other amounts payable with respect to, bonds
30 issued for the construction, reconstruction, or renovation of
31
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1 the facility or for the reimbursement of such costs or by
2 refinancing of bonds issued for such purposes.
3 (4) Upon determining that an applicant is or is not
4 certifiable, the direct-support organization authorized under
5 s. 288.1229 Department of Commerce shall notify the applicant
6 of its status by means of an official letter. If certifiable,
7 the direct-support organization Department of Commerce shall
8 notify the executive director of the Department of Revenue and
9 the applicant of such certification by means of an official
10 letter granting certification. From the date of such
11 certification, the applicant shall have 5 years to open the
12 facility to the public and notify the direct-support
13 organization Department of Commerce of such opening. The
14 Department of Revenue shall not begin distributing funds until
15 30 days following notice by the direct-support organization
16 Department of Commerce that the facility is open to the
17 public.
18 (5) The Department of Revenue may audit as provided in
19 s. 213.34 to verify that the contributions pursuant to this
20 section have been expended as required by this section.
21 (6) The direct-support organization authorized under
22 s. 288.1229 Department of Commerce must recertify every 10
23 years that the facility is open, that the International Game
24 Fish Association World Center continues to be the only
25 international administrative headquarters, fishing museum, and
26 Hall of Fame in the United States recognized by the
27 International Game Fish Association, and must verify annually
28 that the project is meeting the minimum projections for
29 attendance or sales tax revenues as required at the time of
30 original certification. If the facility is not recertified
31 during this 10-year review as meeting the minimum projections,
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1 then funding will be abated until certification criteria are
2 met. If the project fails to generate $1 million of annual
3 revenues pursuant to paragraph (2)(e), the distribution of
4 revenues pursuant to s. 212.20(6)(f)5.c. shall be reduced to
5 an amount equal to $83,333 multiplied by a fraction, the
6 numerator of which is the actual revenues generated and the
7 denominator of which is $1 million. Such reduction shall
8 remain in effect until revenues generated by the project in a
9 12-month period equal or exceed $1 million.
10 Section 24. Section 288.1185, Florida Statutes, is
11 transferred, renumbered as section 403.7155, Florida Statutes,
12 and amended to read:
13 403.7155 288.1185 Recycling Markets Advisory
14 Committee.--
15 (1) There is created the Recycling Markets Advisory
16 Committee, hereinafter referred to as the "committee," to be
17 administratively housed in the Department of Environmental
18 Protection Office of Tourism, Trade, and Economic Development.
19 The purpose of the committee shall be to serve as the
20 mechanism for coordination among state agencies and the
21 private sector to coordinate policy and overall strategic
22 planning for developing new markets and expanding and
23 enhancing existing markets for recovered materials. The
24 committee may not duplicate or replace agency programs, but
25 shall enhance, coordinate, and recommend priorities for those
26 programs.
27 (2)(a) The committee shall consist of 12 members, 10
28 of whom shall be appointed by the Governor, each of whom is or
29 has been actively engaged in the recycling industry or a
30 related business area, including the use of product packaging
31 materials, or is a local government official with a
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1 demonstrated knowledge of recycling; a member of the House of
2 Representatives to be appointed by the Speaker of the House of
3 Representatives, who shall serve without voting rights as an
4 ex officio member of the committee; and a member of the Senate
5 to be appointed by the President of the Senate, who shall
6 serve without voting rights as an ex officio member of the
7 committee.
8 (b) Members of the committee shall be appointed within
9 60 days after this section takes effect.
10 (c) A chairperson shall be appointed by the Governor
11 from among the members of the committee.
12 (d) The committee shall meet at the call of its
13 chairperson or at the request of a majority of its membership,
14 but at least biannually. A majority of the members shall
15 constitute a quorum, and the affirmative vote of a majority of
16 a quorum is necessary to take official action.
17 (e) Members of the committee shall serve without
18 compensation but are entitled to receive reimbursement for per
19 diem and travel expenses as provided in s. 112.061.
20 (f) The committee may appoint ad hoc committees, which
21 may include persons who are not members of the committee, to
22 study recycled materials market development problems and
23 issues and advise the committee on these subjects. Ad hoc
24 committee members may be reimbursed for per diem and travel
25 expenses as provided in s. 112.061.
26 (g) The Department of Environmental Protection Office
27 of Tourism, Trade, and Economic Development shall coordinate
28 with agencies listed in paragraph (3)(a) to provide support as
29 necessary to enable the committee to adequately carry out its
30 functions.
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1 (3)(a) The heads of the Department of Transportation,
2 the Department of Environmental Protection, the Department of
3 Management Services, the Department of Agriculture and
4 Consumer Services, the Florida Energy Office, and the Governor
5 shall each designate a staff member from within the agency to
6 serve as the recycling market development liaison for the
7 agency. This person shall have knowledge of recycling and the
8 issues and problems related to recycling and recycled
9 materials market development. This person shall be the primary
10 point of contact for the agency on issues related to recycled
11 materials market development. These liaisons shall be
12 available for committee meetings and shall work closely with
13 the committee and other recycling market development liaisons
14 to further the goals of the committee, as appropriate.
15 (b) Whenever it is necessary to change the designee,
16 the head of each agency shall notify the Governor in writing
17 of the person designated as the recycling market development
18 liaison for such agency.
19 (4)(a) By October 1, 1993, the committee shall develop
20 a plan to set goals and provide direction for developing new
21 markets and expanding and enhancing existing markets for
22 recovered materials.
23 (b) In developing the plan and any needed legislation,
24 the committee shall consider:
25 1. Developing new markets and expanding and enhancing
26 existing markets for recovered materials.
27 2. Pursuing expanded end uses for recycled materials.
28 3. Targeting materials for concentrated market
29 development efforts.
30 4. Developing proposals for new incentives for market
31 development, particularly focusing on targeted materials.
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1 5. Providing guidance on issues such as permitting,
2 finance options for recycling market development, site
3 location, research and development, grant program criteria for
4 recycled materials markets, recycling markets education and
5 information, and minimum content.
6 6. Coordinating the efforts of various government
7 entities with market development responsibilities.
8 7. Evaluating the need for competitively solicited,
9 cooperative ventures in rural areas for collecting,
10 processing, marketing, and procuring collected materials.
11 8. Evaluating source-reduced products as they relate
12 to state procurement policy. The evaluation shall include,
13 but is not limited to, the environmental and economic impact
14 of source-reduced product purchases on the state. For the
15 purposes of this section, "source-reduced" means any method,
16 process, product, or technology which significantly or
17 substantially reduces the volume or weight of a product while
18 providing, at a minimum, equivalent or generally similar
19 performance and service to and for the users of such
20 materials.
21 (5) By November 1 of each year, beginning in 1994, the
22 committee shall submit to the Governor, the President of the
23 Senate, and the Speaker of the House of Representatives a
24 complete and detailed report setting forth in appropriate
25 detail the operations and accomplishments of the committee and
26 the activities of existing agencies and programs in support of
27 the goals established by the committee, including any
28 recommendations for statutory changes.
29 (6) In order to support the functions of the
30 committee, the Department of Environmental Protection Office
31 of Tourism, Trade, and Economic Development may hire staff or
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1 contract with other agencies for staff support and enter into
2 contracts for support, research, planning, evaluation, and
3 communication and promotion services.
4 Section 25. Paragraphs (a) and (g) of subsection (2)
5 of section 288.1223, Florida Statutes, are amended to read:
6 288.1223 Florida Commission on Tourism; creation;
7 purpose; membership.--
8 (2)(a) The commission shall consist of the Governor or
9 the Governor's designee, who must be from the public sector,
10 and 17 general tourism-industry-related members appointed by
11 the Governor, subject to confirmation by the Senate, and 11
12 additional tourism-industry-related members, appointed by the
13 Governor no later than July 31, 1996, including 3
14 representatives from the statewide rental car industry, 3
15 representatives from tourist-related statewide associations,
16 including those that represent hotels, campgrounds, and
17 attractions, 3 representatives from county destination
18 marketing organizations, 1 representative from the cruise
19 industry, and 1 representative from the airline industry, who
20 will each serve for a term of 2 years, the Governor, and 2
21 additional ex officio members, who will serve for a term of 2
22 years, appointed no later than July 31, 1996, including a
23 member of the Senate appointed by the President of the Senate
24 and a member of the House of Representatives appointed by the
25 Speaker of the House of Representatives.
26 (g) The Governor or the Governor's designee, who must
27 be from the public sector, shall serve as chair of the
28 commission. The commission shall annually elect one of its
29 tourism-industry-related members as vice chair, who shall
30 preside in the absence of the chair.
31
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1 Section 26. Paragraph (f) of subsection (5) of section
2 288.1226, Florida Statutes, is amended to read:
3 288.1226 Florida Tourism Industry Marketing
4 Corporation; use of property; board of directors; duties;
5 audit.--
6 (5) POWERS AND DUTIES.--The corporation, in the
7 performance of its duties:
8 (f) Shall appoint the president of the Florida Tourism
9 Industry Marketing Corporation, who shall serve at the
10 pleasure of the Governor. The president is the chief executive
11 officer of the board of directors and of the corporation and
12 shall direct and supervise the affairs of the corporation. The
13 corporation shall elect or appoint such other officers and
14 agents as its affairs shall require and allow them reasonable
15 compensation. No employee of the Florida Tourism Industry
16 Marketing Corporation may receive compensation for employment
17 which exceeds the salary paid to the Governor, unless the
18 board of directors and the employee have executed a contract
19 that prescribes specific, measurable performance outcomes for
20 the employee, the satisfaction of which provides the basis for
21 the award of incentive payments that increase the employee's
22 total compensation to a level above the salary paid to the
23 Governor.
24 Section 27. Subsection (10) is added to section
25 288.1229, Florida Statutes, to read:
26 288.1229 Promotion and development of sports-related
27 industries and amateur athletics; direct-support organization;
28 powers and duties.--
29 (10) The direct-support organization authorized under
30 this section shall provide an annual report to the Office of
31 Tourism, Trade, and Economic Development on the status of the
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1 professional golf hall of fame facility certified under s.
2 288.1168 and the level of attendance and sales tax revenue
3 associated with the facility as compared to the minimum
4 projections established at the time the facility was
5 certified. This report is due within 30 days after the annual
6 agreement required under s. 288.1168(1). The direct-support
7 organization also shall provide by October 1 of each year a
8 report to the Office of Tourism, Trade, and Economic
9 Development on the status of the International Game Fish
10 Association World Center facility certified under s. 288.1169.
11 Section 28. Section 288.1251, Florida Statutes, is
12 amended to read:
13 288.1251 Promotion and development of entertainment
14 industry; Governor's Office of the Film and Entertainment
15 Commissioner; creation; purpose; powers and duties.--
16 (1) CREATION.--
17 (a) There is hereby created within the Office of
18 Tourism, Trade, and Economic Development the Governor's Office
19 of the Film and Entertainment Commissioner for the purpose of
20 developing, marketing, promoting, and providing services to
21 the state's entertainment industry.
22 (b) The Office of Tourism, Trade, and Economic
23 Development shall conduct a national search for a qualified
24 person to fill the position of Film Commissioner of Film and
25 Entertainment, and the Executive Director of the Office of
26 Tourism, Trade, and Economic Development shall hire the Film
27 commissioner. Guidelines for selection of the Film
28 commissioner shall include, but not be limited to, the Film
29 commissioner having the following:
30
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1 1. A working knowledge of the equipment, personnel,
2 financial, and day-to-day production operations of the
3 industries to be served by the office;
4 2. Marketing and promotion experience related to the
5 industries to be served by the office;
6 3. Experience working with a variety of individuals
7 representing large and small entertainment-related businesses,
8 industry associations, local community entertainment industry
9 liaisons, and labor organizations; and
10 4. Experience working with a variety of state and
11 local governmental agencies.
12 (2) POWERS AND DUTIES.--
13 (a) The Governor's Office of the Film and
14 Entertainment Commissioner, in performance of its duties,
15 shall:
16 1. In consultation with the Florida Film and
17 Entertainment Advisory Council, develop and implement a 5-year
18 strategic plan to guide the activities of the Governor's
19 Office of the Film and Entertainment Commissioner in the areas
20 of entertainment industry development, marketing, promotion,
21 liaison services, field office administration, and
22 information. The plan, to be developed by no later than June
23 30, 2000, shall:
24 a. Be annual in construction and ongoing in nature.
25 b. Include recommendations relating to the
26 organizational structure of the office.
27 c. Include an annual budget projection for the office
28 for each year of the plan.
29 d. Include an operational model for the office to use
30 in implementing programs for rural and urban areas designed
31 to:
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1 (I) Develop and promote the state's entertainment
2 industry.
3 (II) Have the office serve as a liaison between the
4 entertainment industry and other state and local governmental
5 agencies, local film commissions, and labor organizations.
6 (III) Gather statistical information related to the
7 state's entertainment industry.
8 (IV) Provide information and service to businesses,
9 communities, organizations, and individuals engaged in
10 entertainment industry activities.
11 (V) Administer field offices outside the state and
12 coordinate with regional offices maintained by counties and
13 regions of the state, as described in sub-sub-subparagraph
14 (II), as necessary.
15 e. Include performance standards and measurable
16 outcomes for the programs to be implemented by the office.
17 f. Include an assessment of, and make recommendations
18 on, the feasibility of creating an alternative public-private
19 partnership for the purpose of contracting with such a
20 partnership for the administration of the state's
21 entertainment industry promotion, development, marketing, and
22 service programs.
23 2. Develop, market, and facilitate a smooth working
24 relationship between state agencies and local governments in
25 cooperation with local film commission offices for
26 out-of-state and indigenous entertainment industry production
27 entities.
28 3. Implement a structured methodology prescribed for
29 coordinating activities of local offices with each other and
30 the commissioner's office.
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1 4. Represent the state's indigenous entertainment
2 industry to key decisionmakers within the national and
3 international entertainment industry, and to state and local
4 officials.
5 5. Prepare an inventory and analysis of the state's
6 entertainment industry, including, but not limited to,
7 information on crew, related businesses, support services, job
8 creation, talent, and economic impact and coordinate with
9 local offices to develop an information tool for common use.
10 6. Represent key decisionmakers within the national
11 and international entertainment industry to the indigenous
12 entertainment industry and to state and local officials.
13 7. Serve as liaison between entertainment industry
14 producers and labor organizations.
15 8. Identify, solicit, and recruit entertainment
16 production opportunities for the state.
17 9. Assist rural communities and other small
18 communities in the state in developing the expertise and
19 capacity necessary for such communities to develop, market,
20 promote, and provide services to the state's entertainment
21 industry.
22 (b) The Governor's Office of the Film and
23 Entertainment Commissioner, in the performance of its duties,
24 may:
25 1. Conduct or contract for specific promotion and
26 marketing functions, including, but not limited to, production
27 of a statewide directory, production and maintenance of an
28 Internet web site, establishment and maintenance of a
29 toll-free number, organization of trade show participation,
30 and appropriate cooperative marketing opportunities.
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1 2. Conduct its affairs, carry on its operations,
2 establish offices, and exercise the powers granted by this act
3 in any state, territory, district, or possession of the United
4 States.
5 3. Carry out any program of information, special
6 events, or publicity designed to attract entertainment
7 industry to Florida.
8 4. Develop relationships and leverage resources with
9 other public and private organizations or groups in their
10 efforts to publicize to the entertainment industry in this
11 state, other states, and other countries the depth of
12 Florida's entertainment industry talent, crew, production
13 companies, production equipment resources, related businesses,
14 and support services, including the establishment of and
15 expenditure for a program of cooperative advertising with
16 these public and private organizations and groups in
17 accordance with the provisions of chapter 120.
18 5. Provide and arrange for reasonable and necessary
19 promotional items and services for such persons as the office
20 deems proper in connection with the performance of the
21 promotional and other duties of the office.
22 6. Prepare an annual economic impact analysis on
23 entertainment industry-related activities in the state.
24 7. Request or accept any grant or gift of funds or
25 property made by this state or by the United States, or any
26 department or agency thereof, or by any individual, firm,
27 corporation, municipality, county, or organization for any or
28 all of the purposes of the Governor's Office of Film and
29 Entertainment which are consistent with this or any other
30 provision of law. The office may expend such funds in
31 accordance with the terms and conditions of any such grant or
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1 gift, in the pursuit of its administration, or in support of
2 the programs it administers.
3 Section 29. Section 288.1252, Florida Statutes, is
4 amended to read:
5 288.1252 Florida Film and Entertainment Advisory
6 Council; creation; purpose; membership; powers and duties.--
7 (1) CREATION.--There is hereby created within the
8 Office of Tourism, Trade, and Economic Development of the
9 Executive Office of the Governor, for administrative purposes
10 only, the Florida Film and Entertainment Advisory Council.
11 (2) PURPOSE.--The purpose of the council shall be to
12 serve as an advisory body to the Office of Tourism, Trade, and
13 Economic Development and to the Governor's Office of the Film
14 and Entertainment Commissioner to provide these offices with
15 industry insight and expertise related to developing,
16 marketing, promoting, and providing service to the state's
17 entertainment industry.
18 (3) MEMBERSHIP.--
19 (a) The council shall consist of 17 members, seven to
20 be appointed by the Governor, five to be appointed by the
21 President of the Senate, and five to be appointed by the
22 Speaker of the House of Representatives, with the initial
23 appointments being made no later than August 1, 1999.
24 (b) When making appointments to the council, the
25 Governor, the President of the Senate, and the Speaker of the
26 House of Representatives shall appoint persons who are
27 residents of the state and who are highly knowledgeable of,
28 active in, and recognized leaders in Florida's motion picture,
29 television, video, sound recording, or other entertainment
30 industries. These persons shall include, but not be limited
31 to, representatives of local film commissions, representatives
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1 of entertainment associations, a representative of the
2 broadcast industry, representatives of labor organizations in
3 the entertainment industry, and board chairs, presidents,
4 chief executive officers, chief operating officers, or persons
5 of comparable executive position or stature of leading or
6 otherwise important entertainment industry businesses and
7 offices. Council members shall be appointed in such a manner
8 as to equitably represent the broadest spectrum of the
9 entertainment industry and geographic areas of the state.
10 (c) Council members shall serve for 4-year terms,
11 except that the initial terms shall be staggered:
12 1. The Governor shall appoint one member for a 1-year
13 term, two members for 2-year terms, two members for 3-year
14 terms, and two members for 4-year terms.
15 2. The President of the Senate shall appoint one
16 member for a 1-year term, one member for a 2-year term, two
17 members for 3-year terms, and one member for a 4-year term.
18 3. The Speaker of the House of Representatives shall
19 appoint one member for a 1-year term, one member for a 2-year
20 term, two members for 3-year terms, and one member for a
21 4-year term.
22 (d) Subsequent appointments shall be made by the
23 official who appointed the council member whose expired term
24 is to be filled.
25 (e) The Film Commissioner of Film and Entertainment, a
26 representative of Enterprise Florida, Inc., and a
27 representative of the Florida Tourism Industry Marketing
28 Corporation shall serve as ex officio, nonvoting members of
29 the council, and shall be in addition to the 17 appointed
30 members of the council.
31
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1 (f) Absence from three consecutive meetings shall
2 result in automatic removal from the council.
3 (g) A vacancy on the council shall be filled for the
4 remainder of the unexpired term by the official who appointed
5 the vacating member.
6 (h) No more than one member of the council may be an
7 employee of any one company, organization, or association.
8 (i) Any member shall be eligible for reappointment but
9 may not serve more than two consecutive terms.
10 (4) MEETINGS; ORGANIZATION.--
11 (a) The council shall meet no less frequently than
12 once each quarter of the calendar year, but may meet more
13 often as set by the council.
14 (b) The council shall annually elect one member to
15 serve as chair of the council and one member to serve as vice
16 chair. The Governor's Office of the Film and Entertainment
17 Commissioner shall provide staff assistance to the council,
18 which shall include, but not be limited to, keeping records of
19 the proceedings of the council, and serving as custodian of
20 all books, documents, and papers filed with the council.
21 (c) A majority of the members of the council shall
22 constitute a quorum.
23 (d) Members of the council shall serve without
24 compensation, but shall be entitled to reimbursement for per
25 diem and travel expenses in accordance with s. 112.061 while
26 in performance of their duties.
27 (5) POWERS AND DUTIES.--The Florida Film and
28 Entertainment Advisory Council shall have all the powers
29 necessary or convenient to carry out and effectuate the
30 purposes and provisions of this act, including, but not
31 limited to, the power to:
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1 (a) Adopt bylaws for the governance of its affairs and
2 the conduct of its business.
3 (b) Advise and consult with the Governor's Office of
4 the Film and Entertainment Commissioner on the content,
5 development, and implementation of the 5-year strategic plan
6 to guide the activities of the office.
7 (c) Review the Film Commissioner's administration by
8 the Commissioner of Film and Entertainment of the programs
9 related to the strategic plan, and advise the commissioner on
10 the programs and any changes that might be made to better meet
11 the strategic plan.
12 (d) Consider and study the needs of the entertainment
13 industry for the purpose of advising the commissioner and the
14 Office of Tourism, Trade, and Economic Development.
15 (e) Identify and make recommendations on state agency
16 and local government actions that may have an impact on the
17 entertainment industry or that may appear to industry
18 representatives as an official state or local action affecting
19 production in the state.
20 (f) Consider all matters submitted to it by the
21 commissioner and the Office of Tourism, Trade, and Economic
22 Development.
23 (g) Advise and consult with the commissioner and the
24 Office of Tourism, Trade, and Economic Development, at their
25 request or upon its own initiative, regarding the
26 promulgation, administration, and enforcement of all laws and
27 rules relating to the entertainment industry.
28 (h) Suggest policies and practices for the conduct of
29 business by the Governor's Office of the Film and
30 Entertainment Commissioner or by the Office of Tourism, Trade,
31 and Economic Development that will improve internal operations
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1 affecting the entertainment industry and will enhance the
2 economic development initiatives of the state for the
3 industry.
4 (i) Appear on its own behalf before boards,
5 commissions, departments, or other agencies of municipal,
6 county, or state government, or the Federal Government.
7 Section 30. Section 288.1253, Florida Statutes, is
8 amended to read:
9 288.1253 Travel and entertainment expenses.--
10 (1) As used in this section:
11 (a) "Business client" means any person, other than a
12 state official or state employee, who receives the services of
13 representatives of the Governor's Office of the Film and
14 Entertainment Commissioner in connection with the performance
15 of its statutory duties, including persons or representatives
16 of entertainment industry companies considering location,
17 relocation, or expansion of an entertainment industry business
18 within the state.
19 (b) "Entertainment expenses" means the actual,
20 necessary, and reasonable costs of providing hospitality for
21 business clients or guests, which costs are defined and
22 prescribed by rules adopted by the Office of Tourism, Trade,
23 and Economic Development, subject to approval by the
24 Comptroller.
25 (c) "Guest" means a person, other than a state
26 official or state employee, authorized by the Office of
27 Tourism, Trade, and Economic Development to receive the
28 hospitality of the Governor's Office of the Film and
29 Entertainment Commissioner in connection with the performance
30 of its statutory duties.
31
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1 (d) "Travel expenses" means the actual, necessary, and
2 reasonable costs of transportation, meals, lodging, and
3 incidental expenses normally incurred by a traveler, which
4 costs are defined and prescribed by rules adopted by the
5 Office of Tourism, Trade, and Economic Development, subject to
6 approval by the Comptroller.
7 (2) Notwithstanding the provisions of s. 112.061, the
8 Office of Tourism, Trade, and Economic Development shall adopt
9 rules by which it may make expenditures by advancement or
10 reimbursement, or a combination thereof, to:
11 (a) The Governor, the Lieutenant Governor, security
12 staff of the Governor or Lieutenant Governor, the Film
13 Commissioner of Film and Entertainment, or staff of the
14 Governor's Office of the Film and Entertainment Commissioner
15 for travel expenses or entertainment expenses incurred by such
16 individuals solely and exclusively in connection with the
17 performance of the statutory duties of the Governor's Office
18 of the Film and Entertainment Commissioner.
19 (b) The Governor, the Lieutenant Governor, security
20 staff of the Governor or Lieutenant Governor, the Film
21 Commissioner of Film and Entertainment, or staff of the
22 Governor's Office of the Film and Entertainment Commissioner
23 for travel expenses or entertainment expenses incurred by such
24 individuals on behalf of guests, business clients, or
25 authorized persons as defined in s. 112.061(2)(e) solely and
26 exclusively in connection with the performance of the
27 statutory duties of the Governor's Office of the Film and
28 Entertainment Commissioner.
29 (c) Third-party vendors for the travel or
30 entertainment expenses of guests, business clients, or
31 authorized persons as defined in s. 112.061(2)(e) incurred
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1 solely and exclusively while such persons are participating in
2 activities or events carried out by the Governor's Office of
3 the Film and Entertainment Commissioner in connection with
4 that office's statutory duties.
5
6 The rules shall be subject to approval by the Comptroller
7 prior to promulgation. The rules shall require the submission
8 of paid receipts, or other proof of expenditure prescribed by
9 the Comptroller, with any claim for reimbursement and shall
10 require, as a condition for any advancement of funds, an
11 agreement to submit paid receipts or other proof of
12 expenditure and to refund any unused portion of the
13 advancement within 15 days after the expense is incurred or,
14 if the advancement is made in connection with travel, within
15 10 working days after the traveler's return to headquarters.
16 However, with respect to an advancement of funds made solely
17 for travel expenses, the rules may allow paid receipts or
18 other proof of expenditure to be submitted, and any unused
19 portion of the advancement to be refunded, within 10 working
20 days after the traveler's return to headquarters. Operational
21 or promotional advancements, as defined in s. 288.35(4),
22 obtained pursuant to this section shall not be commingled with
23 any other state funds.
24 (3) The Office of Tourism, Trade, and Economic
25 Development shall prepare an annual report of the expenditures
26 of the Governor's Office of the Film and Entertainment
27 Commissioner and provide such report to the Legislature no
28 later than December 30 of each year for the expenditures of
29 the previous fiscal year. The report shall consist of a
30 summary of all travel, entertainment, and incidental expenses
31 incurred within the United States and all travel,
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1 entertainment, and incidental expenses incurred outside the
2 United States, as well as a summary of all successful projects
3 that developed from such travel.
4 (4) The Governor's Office of the Film and
5 Entertainment Commissioner and its employees and
6 representatives, when authorized, may accept and use
7 complimentary travel, accommodations, meeting space, meals,
8 equipment, transportation, and any other goods or services
9 necessary for or beneficial to the performance of the office's
10 duties and purposes, so long as such acceptance or use is not
11 in conflict with part III of chapter 112. The Office of
12 Tourism, Trade, and Economic Development shall, by rule,
13 develop internal controls to ensure that such goods or
14 services accepted or used pursuant to this subsection are
15 limited to those that will assist solely and exclusively in
16 the furtherance of the office's goals and are in compliance
17 with part III of chapter 112.
18 (5) Any claim submitted under this section shall not
19 be required to be sworn to before a notary public or other
20 officer authorized to administer oaths, but any claim
21 authorized or required to be made under any provision of this
22 section shall contain a statement that the expenses were
23 actually incurred as necessary travel or entertainment
24 expenses in the performance of official duties of the
25 Governor's Office of the Film and Entertainment Commissioner
26 and shall be verified by written declaration that it is true
27 and correct as to every material matter. Any person who
28 willfully makes and subscribes to any claim which he or she
29 does not believe to be true and correct as to every material
30 matter or who willfully aids or assists in, procures, or
31 counsels or advises with respect to, the preparation or
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1 presentation of a claim pursuant to this section that is
2 fraudulent or false as to any material matter, whether or not
3 such falsity or fraud is with the knowledge or consent of the
4 person authorized or required to present the claim, commits a
5 misdemeanor of the second degree, punishable as provided in s.
6 775.082 or s. 775.083. Whoever receives an advancement or
7 reimbursement by means of a false claim is civilly liable, in
8 the amount of the overpayment, for the reimbursement of the
9 public fund from which the claim was paid.
10 Section 31. Section 288.7011, Florida Statutes, is
11 amended to read:
12 288.7011 Assistance to certified development
13 corporation.--The Office of Tourism, Trade, and Economic
14 Development is authorized to enter into contracts with a
15 nonprofit, statewide development corporation certified
16 pursuant to s. 503 of the Small Business Investment Act of
17 1958, as amended, to permit such corporation to locate and
18 contract for administrative and technical staff assistance and
19 support, including, without limitation, assistance to the
20 development corporation in the packaging and servicing of
21 loans for the purpose of stimulating and expanding the
22 availability of private equity capital and long-term loans to
23 small businesses. Such assistance and support will cease when
24 the corporation has received state support in an amount the
25 equivalent of $250,000 per year over a 4-year 5-year period
26 beginning July 1, 1997. Any contract between the office and
27 such corporation shall specify that the records of the
28 corporation must be available for audit by the office and by
29 the Auditor General.
30 Section 32. Subsections (2) and (7) of section
31 288.901, Florida Statutes, are amended to read:
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1 288.901 Enterprise Florida, Inc.; creation;
2 membership; organization; meetings; disclosure.--
3 (2) Enterprise Florida, Inc., shall establish one or
4 more corporate offices, at least one of which shall be located
5 in Leon County. The Department of Management Services may
6 establish a lease agreement program under which Enterprise
7 Florida, Inc., may hire any individual who, as of June 30,
8 1996, is employed by the Department of Commerce or who, as of
9 January 1, 1997, is employed by the Executive Office of the
10 Governor and has responsibilities specifically in support of
11 the Workforce Development Board established under s. 288.9952
12 s. 288.9620. Under such agreement, the employee shall retain
13 his or her status as a state employee but shall work under the
14 direct supervision of Enterprise Florida, Inc. Retention of
15 state employee status shall include the right to participate
16 in the Florida Retirement System. The Department of Management
17 Services shall establish the terms and conditions of such
18 lease agreements.
19 (7) The Governor or the Governor's designee, who must
20 be from the public sector, shall serve as chairperson of the
21 board of directors. The board of directors shall biennially
22 elect one of its appointive members as vice chairperson. The
23 president shall keep a record of the proceedings of the board
24 of directors and is the custodian of all books, documents, and
25 papers filed with the board of directors, the minutes of the
26 board of directors, and the official seal of Enterprise
27 Florida, Inc.
28 Section 33. Subsection (2) of section 288.9015,
29 Florida Statutes, is amended to read:
30 288.9015 Enterprise Florida, Inc.; purpose; duties.--
31
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1 (2) It shall be the responsibility of Enterprise
2 Florida, Inc., to aggressively market Florida's rural
3 communities and distressed urban communities as locations for
4 potential new investment, to aggressively assist in the
5 retention and expansion of existing businesses in these
6 communities, and to aggressively assist these communities in
7 the identification and development of new economic development
8 opportunities for job creation. Enterprise Florida, Inc.,
9 shall use and promote existing state programs to facilitate
10 the location of new investment, the retention and expansion of
11 existing businesses, and the identification and development of
12 new economic development opportunities for job creation. Such
13 programs include, but are not limited to: the Community
14 Contribution Tax Credit Program, as provided in ss. 220.183
15 and 624.5105; the Urban High-Crime Area Job Tax Credit Program
16 as provided in ss. 212.097 and 220.1895; the Rural Job Tax
17 Credit Program as provided in ss. 212.098 and 220.1895; and
18 the state incentives available in enterprise zones as provided
19 in s. 290.007.
20 Section 34. Section 288.980, Florida Statutes, is
21 amended to read:
22 288.980 Military base retention; legislative intent;
23 grants program.--
24 (1)(a) It is the intent of this state to provide the
25 necessary means to assist communities with military
26 installations that would be adversely affected by federal base
27 realignment or closure actions. It is further the intent to
28 encourage communities to initiate a coordinated program of
29 response and plan of action in advance of future actions of
30 the federal Base Realignment and Closure Commission. It is
31 critical that closure-vulnerable communities develop such a
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1 program to preserve affected military installations. The
2 Legislature hereby recognizes that the state needs to
3 coordinate all efforts that can facilitate the retention of
4 all remaining military installations in the state. The
5 Legislature, therefore, declares that providing such
6 assistance to support the defense-related initiatives within
7 this section is a public purpose for which public money may be
8 used.
9 (b) The Florida Defense Alliance, an organization
10 within Enterprise Florida, is designated as the organization
11 to ensure that Florida, its resident military bases and
12 missions, and its military host communities are in competitive
13 positions as the United States continues its defense
14 realignment and downsizing. The defense alliance shall serve
15 as an overall advisory body for Enterprise Florida
16 defense-related activity. The Florida Defense Alliance may
17 receive funding from appropriations made for that purpose to
18 administered by the Office of Tourism, Trade, and Economic
19 Development and administered by Enterprise Florida, Inc.
20 (2)(a) The Office of Tourism, Trade, and Economic
21 Development is authorized to award grants based upon the
22 recommendation of Enterprise Florida, Inc., and for
23 administration by Enterprise Florida, Inc., from funds
24 specifically appropriated any funds available to it to support
25 activities related to the retention of military installations
26 potentially affected by federal base closure or realignment.
27 (b) The term "activities" as used in this section
28 means studies, presentations, analyses, plans, and modeling.
29 Staff salaries are not considered an "activity" for which
30 grant funds may be awarded. Travel costs and costs incidental
31
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1 thereto incurred by a grant recipient shall be considered an
2 "activity" for which grant funds may be awarded.
3 (c) Except for grants issued pursuant to the Florida
4 Military Installation Reuse Planning and Marketing Grant
5 Program as described in paragraph (3)(c), the amount of any
6 grant provided to an applicant may not exceed $250,000. In
7 making recommendations to the Office of Tourism, Trade, and
8 Economic Development, Enterprise Florida, Inc., shall require
9 that an applicant:
10 1. Represent a local government with a military
11 installation or military installations that could be adversely
12 affected by federal base realignment or closure.
13 2. Agree to match at least 30 percent of any grant
14 awarded.
15 3. Prepare a coordinated program or plan of action
16 delineating how the eligible project will be administered and
17 accomplished.
18 4. Provide documentation describing the potential for
19 realignment or closure of a military installation located in
20 the applicant's community and the adverse impacts such
21 realignment or closure will have on the applicant's community.
22 (d) In making recommendations for grant awards,
23 Enterprise Florida, Inc., the office shall consider, at a
24 minimum, the following factors:
25 1. The relative value of the particular military
26 installation in terms of its importance to the local and state
27 economy relative to other military installations vulnerable to
28 closure.
29 2. The potential job displacement within the local
30 community should the military installation be closed.
31
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1 3. The potential adverse impact on industries and
2 technologies which service the military installation.
3 (3) The Florida Economic Reinvestment Initiative is
4 established to respond to the need for this state and
5 defense-dependent communities in this state to develop
6 alternative economic diversification strategies to lessen
7 reliance on national defense dollars in the wake of base
8 closures and reduced federal defense expenditures and the need
9 to formulate specific base reuse plans and identify any
10 specific infrastructure needed to facilitate reuse. The
11 initiative shall consist of the following three distinct grant
12 programs to be administered by Enterprise Florida, Inc. the
13 Office of Tourism, Trade, and Economic Development:
14 (a) The Florida Defense Planning Grant Program,
15 through which funds shall be used to analyze the extent to
16 which the state is dependent on defense dollars and defense
17 infrastructure and prepare alternative economic development
18 strategies. The state shall work in conjunction with
19 defense-dependent communities in developing strategies and
20 approaches that will help communities make the transition from
21 a defense economy to a nondefense economy. Grant awards may
22 not exceed $250,000 per applicant and shall be available on a
23 competitive basis.
24 (b) The Florida Defense Implementation Grant Program,
25 through which funds shall be made available to
26 defense-dependent communities to implement the diversification
27 strategies developed pursuant to paragraph (a). Eligible
28 applicants include defense-dependent counties and cities, and
29 local economic development councils located within such
30 communities. Grant awards may not exceed $100,000 per
31
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1 applicant and shall be available on a competitive basis.
2 Awards shall be matched on a one-to-one basis.
3 (c) The Florida Military Installation Reuse Planning
4 and Marketing Grant Program, through which funds shall be used
5 to help counties, cities, and local economic development
6 councils develop and implement plans for the reuse of closed
7 or realigned military installations, including any necessary
8 infrastructure improvements needed to facilitate reuse and
9 related marketing activities.
10
11 Applications for grants under this subsection must include a
12 coordinated program of work or plan of action delineating how
13 the eligible project will be administered and accomplished,
14 which must include a plan for ensuring close cooperation
15 between civilian and military authorities in the conduct of
16 the funded activities and a plan for public involvement. The
17 director of the Office of Tourism, Trade, and Economic
18 Development shall make the final decision on all grant awards.
19 (4)(a) The Defense-Related Business Adjustment Program
20 is hereby created. Enterprise Florida, Inc., The Director of
21 the Office of Tourism, Trade, and Economic Development shall
22 coordinate the development of the Defense-Related Business
23 Adjustment Program. Funds shall be available to assist
24 defense-related companies in the creation of increased
25 commercial technology development through investments in
26 technology. Such technology must have a direct impact on
27 critical state needs for the purpose of generating
28 investment-grade technologies and encouraging the partnership
29 of the private sector and government defense-related business
30 adjustment. The following areas shall receive precedence in
31 consideration for funding commercial technology development:
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1 law enforcement or corrections, environmental protection,
2 transportation, education, and health care. Travel and costs
3 incidental thereto, and staff salaries, are not considered an
4 "activity" for which grant funds may be awarded.
5 (b) In making recommendations to the Office of
6 Tourism, Trade, and Economic Development for grant awards,
7 Enterprise Florida, Inc., The office shall require that an
8 applicant:
9 1. Be a defense-related business that could be
10 adversely affected by federal base realignment or closure or
11 reduced defense expenditures.
12 2. Agree to match at least 50 percent of any funds
13 awarded by the department in cash or in-kind services. Such
14 match shall be directly related to activities for which the
15 funds are being sought.
16 3. Prepare a coordinated program or plan delineating
17 how the funds will be administered.
18 4. Provide documentation describing how
19 defense-related realignment or closure will adversely impact
20 defense-related companies.
21 (5) The Retention of Military Installations Program is
22 created. The Director of the Office of Tourism, Trade, and
23 Economic Development shall coordinate and implement this
24 program. The sum of $1.2 million is appropriated from the
25 General Revenue Fund for fiscal year 1999-2000 to the Office
26 of Tourism, Trade, and Economic Development to implement this
27 program for military installations located in counties with a
28 population greater than 824,000. The funds shall be used to
29 assist military installations potentially affected by federal
30 base closure or realignment in covering current operating
31 costs in an effort to retain the installation in this state.
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1 An eligible military installation for this program shall
2 include a provider of simulation solutions for war-fighting
3 experimentation, testing, and training which employs at least
4 500 civilian and military employees and has been operating in
5 the state for a period of more than 10 years.
6 (6) The director of the Office of Tourism, Trade, and
7 Economic Development may award nonfederal matching funds
8 specifically appropriated for construction, maintenance, and
9 analysis of a Florida defense workforce database. Such funds
10 will be used to create a registry of worker skills that can be
11 used to match the worker needs of companies that are
12 relocating to this state or to assist workers in relocating to
13 other areas within this state where similar or related
14 employment is available.
15 (7) Payment of administrative expenses shall be
16 limited to no more than 10 percent of any grants issued
17 pursuant to this section.
18 (8) Enterprise Florida, Inc., The Office of Tourism,
19 Trade, and Economic Development shall develop establish
20 guidelines to implement and carry out the purpose and intent
21 of this section. The Office of Tourism, Trade, and Economic
22 Development must approve the guidelines before their
23 implementation.
24 Section 35. Subsections (8) and (12), paragraph (h) of
25 subsection (10), and paragraph (b) of subsection (14) of
26 section 288.99, Florida Statutes, are amended, and subsection
27 (15) is added to that section, to read:
28 288.99 Certified Capital Company Act.--
29 (8) ANNUAL TAX CREDIT; CLAIM PROCESS.--
30 (a) On an annual basis, on or before December 31, each
31 certified capital company shall file with the department and
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1 the office, in consultation with the office department, on a
2 form prescribed by the office, for each calendar year:
3 1. The total dollar amount the certified capital
4 company received from certified investors, the identity of the
5 certified investors, and the amount received from each
6 certified investor during the calendar year.
7 2. The total dollar amount the certified capital
8 company invested and the amount invested in qualified
9 businesses, together with the identity and location of those
10 businesses and the amount invested in each qualified business.
11 3. For informational purposes only, the total number
12 of permanent, full-time jobs either created or retained by the
13 qualified business during the calendar year, the average wage
14 of the jobs created or retained, the industry sectors in which
15 the qualified businesses operate, and any additional capital
16 invested in qualified businesses from sources other than
17 certified capital companies.
18 (b) The form shall be verified by one or more
19 principals of the certified capital company submitting the
20 form. Verification shall be accomplished as provided in s.
21 92.525(1)(b) and subject to the provisions of s. 92.525(3).
22 (c) The department office shall review the form, and
23 any supplemental documentation, submitted by each certified
24 capital company for the purpose of verifying:
25 1. That the businesses in which certified capital has
26 been invested by the certified capital company are in fact
27 qualified businesses, and that the amount of certified capital
28 invested by the certified capital company is as represented in
29 the form.
30 2. The amount of certified capital invested in the
31 certified capital company by the certified investors.
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1 3. The amount of premium tax credit available to
2 certified investors.
3 (d) The Department of Revenue is authorized to audit
4 and examine the accounts, books, or records of certified
5 capital companies and certified investors for the purpose of
6 ascertaining the correctness of any report and financial
7 return which has been filed, and to ascertain a certified
8 capital company's compliance with the tax-related provisions
9 of this act.
10 (e) This subsection shall take effect January 1, 1999.
11 (10) DECERTIFICATION.--
12 (h) The department office shall send written notice to
13 the address of each certified investor whose premium tax
14 credit has been subject to recapture or forfeiture, using the
15 address last shown on the last premium tax filing.
16 (12) REPORTING REQUIREMENTS.--The office shall report
17 annually on an annual basis to the Governor, the President of
18 the Senate, and the Speaker of the House of Representatives on
19 or before April 1:
20 (a) The total dollar amount each certified capital
21 company received from all certified investors and any other
22 investor, the identity of the certified investors, and the
23 total amount of premium tax credit used by each certified
24 investor for the previous calendar year.
25 (b) The total dollar amount invested by each certified
26 capital company and that portion invested in qualified
27 businesses, the identity and location of those businesses, the
28 amount invested in each qualified business, and the total
29 number of permanent, full-time jobs created or retained by
30 each qualified business.
31
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1 (c) The return for the state as a result of the
2 certified capital company investments, including the extent to
3 which:
4 1. Certified capital company investments have
5 contributed to employment growth.
6 2. The wage level of businesses in which certified
7 capital companies have invested exceed the average wage for
8 the county in which the jobs are located.
9 3. The investments of the certified capital companies
10 in qualified businesses have contributed to expanding or
11 diversifying the economic base of the state.
12 (14) RULEMAKING AUTHORITY.--
13 (b) The department and the office may adopt any rules
14 necessary to carry out its duties, obligations, and powers
15 related to the administration, review, and reporting
16 provisions of this section and may perform any other acts
17 necessary for the proper administration and enforcement of
18 such duties, obligations, and powers.
19 (15) ADDITIONAL CERTIFICATIONS.--Notwithstanding the
20 dates established in paragraphs (4)(b), (c), and (e), an
21 applicant for certification as a certified capital company may
22 file an application of the type specified in paragraph (4)(b)
23 to become a "certified capital company" under this section
24 between July 1, 2000, and September 1, 2000, in the manner
25 prescribed in subsection (4).
26 Section 36. Section 290.004, Florida Statutes, is
27 amended to read:
28 290.004 Definitions.--As used in ss. 290.001-290.016:
29 (1) "Community investment corporation" means a black
30 business investment corporation, a certified development
31 corporation, a small business investment corporation, or other
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1 similar entity incorporated under Florida law that has limited
2 its investment policy to making investments solely in minority
3 business enterprises.
4 (2) "Department" means the Department of Commerce.
5 (2)(3) "Director" means the director of the Office of
6 Tourism, Trade, and Economic Development.
7 (3)(4) "Governing body" means the council or other
8 legislative body charged with governing the county or
9 municipality.
10 (4)(5) "Interagency coordinating council" means the
11 Enterprise Zone Interagency Coordinating Council created
12 pursuant to s. 290.009.
13 (5)(6) "Minority business enterprise" has the same
14 meaning as in s. 288.703.
15 (6)(7) "Office" means the Office of Tourism, Trade,
16 and Economic Development.
17 (7) "Rural enterprise zone" means an enterprise zone
18 that is nominated by a county having a population of 75,000 or
19 fewer, or a county having a population of 100,000 or fewer
20 which is contiguous to a county having a population of 75,000
21 or fewer, or by a municipality in such a county, or by such a
22 county and one or more municipalities. An enterprise zone
23 designated in accordance with s. 370.28 shall be considered a
24 rural enterprise zone.
25 (8) "Secretary" means the Secretary of Commerce.
26 (8)(9) "Small business" has the same meaning as in s.
27 288.703.
28 Section 37. Subsections (11) and (12) of section
29 290.0056, Florida Statutes, are amended to read:
30 290.0056 Enterprise zone development agency.--
31
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1 (11) Prior to December 1 of each year, the agency
2 shall submit to Enterprise Florida, Inc., the Office of
3 Tourism, Trade, and Economic Development a complete and
4 detailed written report setting forth:
5 (a) Its operations and accomplishments during the
6 fiscal year.
7 (b) The accomplishments and progress concerning the
8 implementation of the strategic plan.
9 (c) The number and type of businesses assisted by the
10 agency during the fiscal year.
11 (d) The number of jobs created within the enterprise
12 zone during the fiscal year.
13 (e) The usage and revenue impact of state and local
14 incentives granted during the calendar year.
15 (f) Any other information required by Enterprise
16 Florida, Inc. the office.
17 (12) In the event that the nominated area selected by
18 the governing body is not designated a state enterprise zone,
19 the governing body may dissolve the agency after receiving
20 notification from the department or the office that the area
21 was not designated as an enterprise zone.
22 Section 38. Subsection (5) of section 290.0058,
23 Florida Statutes, is amended to read:
24 290.0058 Tests of pervasive poverty, unemployment, and
25 general distress.--
26 (5) In making the calculations required by this
27 section, the local government and Enterprise Florida, Inc.,
28 the department shall round all fractional percentages of
29 one-half percent or more up to the next highest whole
30 percentage figure.
31
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1 Section 39. Subsections (1), (4), (5), (6), (7), and
2 (9) of section 290.0065, Florida Statutes, are amended to
3 read:
4 290.0065 State designation of enterprise zones.--
5 (1) Upon application to Enterprise Florida, Inc., of
6 the governing body of a county or municipality or of a county
7 and one or more municipalities jointly pursuant to s.
8 290.0055, Enterprise Florida, Inc. the department, in
9 consultation with the interagency coordinating council, shall
10 determine which areas nominated by such governing bodies meet
11 the criteria outlined in s. 290.0055 and are the most
12 appropriate for recommendation to the director of the Office
13 of Tourism, Trade, and Economic Development for designation as
14 state enterprise zones. The office department is authorized to
15 designate up to 5 areas within each of the categories
16 established in subparagraphs (3)(a)1., 2., 3., 4., and 5.,
17 except that the office department may only designate a total
18 of 20 areas as enterprise zones. The office department shall
19 not designate more than three enterprise zones in any one
20 county. All designations, including any provision for
21 redesignations, of state enterprise zones pursuant to this
22 section shall be effective July 1, 1995.
23 (4)(a) Notwithstanding s. 290.0055, any area existing
24 as a state enterprise zone as of the effective date of this
25 section and originally approved through a joint application
26 from a county and municipality, or through an application from
27 a county as defined in s. 125.011(1), shall be redesignated as
28 a state enterprise zone upon the creation of an enterprise
29 zone development agency pursuant to s. 290.0056 and the
30 completion of a strategic plan pursuant to s. 290.0057. Any
31 area redesignated pursuant to this subsection, other than an
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1 area located in a county defined in s. 125.011(1), may be
2 relocated or modified by the appropriate governmental bodies.
3 Such relocation or modification shall be identified in the
4 strategic plan and shall meet the requirements for designation
5 as established by s. 290.005. Any relocation or modification
6 shall be submitted on or before June 1, 1996.
7 (b) The office department shall place any area
8 designated as a state enterprise zone pursuant to this
9 subsection in the appropriate category established in
10 subsection (3), and include such designations within the
11 limitations on state enterprise zone designations set out in
12 subsection (1).
13 (c) Any county or municipality having jurisdiction
14 over an area designated as a state enterprise zone pursuant to
15 this subsection, other than a county defined by s. 125.011(1),
16 may not apply for designation of another area.
17 (5) Notwithstanding s. 290.0055, an area designated as
18 a federal empowerment zone or enterprise community pursuant to
19 Title XIII of the Omnibus Budget Reconciliation Act of 1993,
20 the Taxpayer Relief Act of 1997, or the 1999 Agricultural
21 Appropriations Act shall be designated a state enterprise zone
22 as follows:
23 (a) An area designated as an urban empowerment zone or
24 urban enterprise community pursuant to Title XIII of the
25 Omnibus Budget Reconciliation Act of 1993 or the Taxpayer
26 Relief Act of 1997 shall be designated a state enterprise zone
27 by the office department upon completion of the requirements
28 set out in paragraph (d), except in the case of a county as
29 defined in s. 125.011(1) which, notwithstanding s. 290.0055,
30 may incorporate and include such designated urban empowerment
31 zone or urban enterprise community areas within the boundaries
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1 of its state enterprise zones without any limitation as to
2 size.
3 (b) An area designated as a rural empowerment zone or
4 rural enterprise community pursuant to Title XIII of the
5 Omnibus Budget Reconciliation Act of 1993 or the 1999
6 Agricultural Appropriations Act shall be designated a state
7 enterprise zone by the office department upon completion of
8 the requirements set out in paragraph (d).
9 (c) Any county or municipality having jurisdiction
10 over an area designated as a state enterprise zone pursuant to
11 this subsection, other than a county defined in s. 125.011(1),
12 may not apply for designation of another area.
13 (d) Prior to recommending that the office designate
14 designating such areas as state enterprise zones, Enterprise
15 Florida, Inc., the department shall ensure that the governing
16 body having jurisdiction over the zone submits the strategic
17 plan required pursuant to 7 C.F.R. part 25 or 24 C.F.R. part
18 597 to Enterprise Florida, Inc. the department, and creates an
19 enterprise zone development agency pursuant to s. 290.0056.
20 (e) The office department shall place any area
21 designated as a state enterprise zone pursuant to this
22 subsection in the appropriate category established in
23 subsection (3), and include such designations within the
24 limitations on state enterprise zone designations set out in
25 subsection (1).
26 (6)(a) The office department, in consultation with
27 Enterprise Florida, Inc., and the interagency coordinating
28 council, may develop guidelines shall promulgate any rules
29 necessary for the approval of areas under this section by the
30 director secretary.
31
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1 (b) Such guidelines may rules shall provide for the
2 measurement of pervasive poverty, unemployment, and general
3 distress using the criteria outlined by s. 290.0058.
4 (c) Such guidelines may rules shall provide for the
5 evaluation of the strategic plan and local fiscal and
6 regulatory incentives for effectiveness, including how the
7 following key principles will be implemented by the governing
8 body or bodies:
9 1. Economic opportunity, including job creation within
10 the community and throughout the region, as well as
11 entrepreneurial initiatives, small business expansion, and
12 training for jobs that offer upward mobility.
13 2. Sustainable community development that advances the
14 creation of livable and vibrant communities through
15 comprehensive approaches that coordinate economic, physical,
16 community, and human development.
17 3. Community-based partnerships involving the
18 participation of all segments of the community.
19 4. Strategic vision for change that identifies how the
20 community will be revitalized. This vision should include
21 methods for building on community assets and coordinate a
22 response to community needs in a comprehensive fashion. This
23 vision should provide goals and performance benchmarks for
24 measuring progress and establish a framework for evaluating
25 and adjusting the strategic plan.
26 5. Local fiscal and regulatory incentives enacted
27 pursuant to s. 290.0057(1)(e). These incentives should induce
28 economic revitalization, including job creation and small
29 business expansion.
30 (d) Such guidelines may rules shall provide methods
31 for evaluating the prospects for new investment and economic
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1 development in the area, including a review and evaluation of
2 any previous state enterprise zones located in the area.
3 (7) Upon approval by the director secretary of a
4 resolution authorizing an area to be an enterprise zone
5 pursuant to this section, the office department shall assign a
6 unique identifying number to that resolution. The office
7 department shall provide the Department of Revenue and
8 Enterprise Florida, Inc., with a copy of each resolution
9 approved, together with its identifying number.
10 (9) Upon recommendation by Enterprise Florida, Inc.,
11 the Office of Tourism, Trade, and Economic Development may
12 amend the boundaries of any enterprise zone designated by the
13 state pursuant to this section, consistent with the
14 categories, criteria, and limitations imposed in this section
15 upon the establishment of such enterprise zone and only if
16 consistent with the determinations made in s. 290.0058(2).
17 Section 40. Subsection (1) of section 290.0066,
18 Florida Statutes, is amended to read:
19 290.0066 Revocation of enterprise zone designation.--
20 (1) Upon recommendation by Enterprise Florida, Inc.,
21 the director may revoke the designation of an enterprise zone
22 if Enterprise Florida, Inc., the director determines that the
23 governing body or bodies:
24 (a) Have failed to make progress in achieving the
25 benchmarks set forth in the strategic plan; or
26 (b) Have not complied substantially with the strategic
27 plan.
28 Section 41. Section 290.00675, Florida Statutes, is
29 amended to read:
30 290.00675 Amendment of certain enterprise zone
31 boundaries.--Notwithstanding any other provisions of law, upon
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1 recommendation by Enterprise Florida, Inc., the Office of
2 Tourism, Trade, and Economic Development may amend the
3 boundaries of an area designated as an enterprise zone in a
4 community having a population of 235,000 persons but less than
5 245,000, so long as the area does not increase the overall
6 size of the zone by greater than 25 acres and the increased
7 area is contiguous to the existing enterprise zone. The
8 amendment must also be consistent with the limitations imposed
9 by s. 290.0055 upon establishment of the enterprise zone.
10 Section 42. Section 290.00676, Florida Statutes, is
11 created to read:
12 290.00676 Amendment of rural enterprise zone
13 boundaries.--Notwithstanding any other provision of law, upon
14 recommendation by Enterprise Florida, Inc., the Office of
15 Tourism, Trade, and Economic Development may amend the
16 boundaries of a rural enterprise zone. For purposes of
17 boundary amendments, an enterprise zone designated under s.
18 370.28 shall be considered a rural enterprise zone and is
19 eligible for amendment of its boundaries. Boundary amendments
20 authorized by this section are subject to the following
21 requirements:
22 (1) The amendment may increase the size of the rural
23 enterprise zone to 15 square miles.
24 (2) The amendment may increase the number of
25 noncontiguous areas by one, if that noncontiguous area has
26 zero population. For purposes of this subsection, the
27 pervasive poverty criteria may be set aside for the addition
28 of a noncontiguous parcel.
29 (3) The local enterprise zone development agency must
30 request the amendment from Enterprise Florida, Inc., prior to
31 December 30, 2000. The request must contain maps and
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1 sufficient information to allow the office to determine the
2 number of noncontiguous areas and the total size of the rural
3 enterprise zone.
4 Section 43. Section 290.00677, Florida Statutes, is
5 created to read:
6 290.00677 Rural enterprise zones; special
7 qualifications.--
8 (1) Notwithstanding the enterprise zone residency
9 requirements set out in ss. 212.096(1)(c) and 220.03(1)(q),
10 businesses located in rural enterprise zones may receive the
11 credit provided under s. 212.096 or s. 220.181 for hiring any
12 person within the jurisdiction of a rural county, as defined
13 by s. 288.106(2)(r). All other provisions of ss. 212.096,
14 220.03(1)(q), and 220.181 apply to such businesses.
15 (2) Notwithstanding the requirement specified in ss.
16 212.08(5)(g)5., (5)(h)5., and (15)(a), 212.096(2)(b)1.,
17 220.181(1)(a)1., and 220.182(1)(b) that no less than 20
18 percent of a business's employees, excluding temporary and
19 part-time employees, must be residents of an enterprise zone
20 for the business to qualify for the maximum exemption or
21 credit provided in ss. 212.08(5)(g) and (h) and (15),
22 212.096(2)(b)1., 220.181(1)(a)1., and 220.182, a business that
23 is located in a rural enterprise zone shall be qualified for
24 those maximum exemptions or credits if no less than 20 percent
25 of such employees of the business are residents of a rural
26 county, as defined by s. 288.106(2)(r). All other provisions
27 of ss. 212.08(5)(g) and (h) and (15), 212.096, 220.181, and
28 220.182 apply to such business.
29 (3) Notwithstanding the time limitations contained in
30 chapters 212 and 220, a business eligible to receive tax
31 credits under this section from January 1, 2000, to June 1,
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1 2000, must submit an application for the tax credits by
2 December 1, 2000. All other requirements of the enterprise
3 zone program apply to such a business.
4 Section 44. Section 290.00689, Florida Statutes, is
5 amended to read:
6 290.00689 Designation of enterprise zone pilot project
7 area.--
8 (1) The Office of Tourism, Trade, and Economic
9 Development shall designate one pilot project area within one
10 state enterprise zone. The Office of Tourism, Trade, and
11 Economic Development shall select a pilot project area by July
12 1, 1999, which meets the following qualifications:
13 (a) The area is contained within an enterprise zone
14 that is composed of one contiguous area and is placed in the
15 category delineated in s. 290.0065(3)(a)1.
16 (b) The local government having jurisdiction over the
17 enterprise zone grants economic development ad valorem tax
18 exemptions in the enterprise zone pursuant to s. 196.1995, and
19 electrical energy public service tax exemptions pursuant to s.
20 166.231(8).
21 (c) The local government having jurisdiction over the
22 enterprise zone has developed a plan for revitalizing the
23 pilot project area or for revitalizing an area within the
24 enterprise zone that contains the pilot project area, and has
25 committed at least $5 million to redevelop an area including
26 the pilot project area.
27 (d) The pilot project area is contiguous and is
28 limited to no more than 70 acres, or equivalent square miles,
29 to avoid a dilution of additional state assistance and
30 effectively concentrate these additional resources on
31 revitalizing the acute area of economic distress.
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1 (e) The pilot project area contains a diverse cluster
2 or grouping of facilities or space for a mix of retail,
3 restaurant, or service related businesses necessary to an
4 overall revitalization of surrounding neighborhoods through
5 community involvement, investment, and enhancement of
6 employment markets.
7 (2)(a) Beginning December 1, 1999, no more than four
8 businesses located within the pilot project area are eligible
9 for a credit against any tax due for a taxable year under
10 chapters 212 and 220.
11 (b) The credit shall be computed as $5,000 times the
12 number of full-time employees of the business and $2,500 times
13 the number of part-time employees of the business. For
14 purposes of this section, a person shall be deemed to be
15 employed by such a business on a full-time basis if the person
16 performs duties in connection with the operations of the
17 business for an average of at least 36 hours per week each
18 month, or on a part-time basis if the person is performing
19 such duties for an average of at least 20 hours per week each
20 month throughout the year. The person must be performing such
21 duties at a business site located in the pilot project area.
22 (c) The total amount of tax credits that may be
23 granted under this section is $1 million annually. In the
24 event Enterprise Florida, Inc., the Office of Tourism, Trade,
25 and Economic Development receives applications that total more
26 than $1 million in any year, the director shall prorate the
27 amount of tax credit each applicant is eligible to receive to
28 ensure that all eligible applicants receive a tax credit.
29 (d) In order to be eligible to apply to Enterprise
30 Florida, Inc., the Office of Tourism, Trade, and Economic
31
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1 Development for tax credits under this section a business
2 must:
3 1. Have entered into a contract with the developer of
4 the diverse cluster or grouping of facilities or space located
5 in the pilot project area, governing lease of commercial space
6 in a facility.
7 2. Have commenced operations in the facility after
8 July 1, 1999, and before July 1, 2000.
9 3. Be a business predominantly engaged in activities
10 usually provided for consideration by firms classified under
11 the Standard Industrial Classification Manual Industry Number
12 5311, Industry Number 5399, or Industry Number 7832.
13 (e) All applications for the granting of the tax
14 credits allowed under this section shall require the prior
15 review and recommendation of Enterprise Florida, Inc., and
16 approval of the director of the Office of Tourism, Trade, and
17 Economic Development. At the recommendation of Enterprise
18 Florida, Inc., the director shall establish one submittal date
19 each year for the receipt of applications for such tax
20 credits.
21 (f) Any business wishing to receive tax credits
22 pursuant to this section must submit an application to
23 Enterprise Florida, Inc., the Office of Tourism, Trade, and
24 Economic Development which sets forth the business name and
25 address and the number of employees of the business.
26 (g) Upon the recommendation of Enterprise Florida,
27 Inc., the decision of the director shall be in writing, and,
28 if approved, the application shall state the maximum credits
29 allowable to the business. A copy of the decision shall be
30 transmitted to Enterprise Florida, Inc., and to the executive
31
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1 director of the Department of Revenue, who shall apply such
2 credits to the tax liabilities of the business firm.
3 (h) If any credit granted pursuant to this section is
4 not fully used in any one year because of insufficient tax
5 liability on the part of the business, the unused amount may
6 be carried forward for a period not to exceed 5 years.
7 (3) The Office of Tourism, Trade, and Economic
8 Development is authorized to adopt all rules necessary to
9 administer this section, including rules for the approval or
10 disapproval of applications for tax incentives by businesses.
11 (3)(4) The Department of Revenue shall adopt any rules
12 necessary to ensure the orderly implementation and
13 administration of this section.
14 (4)(5) For purposes of this section, "business" and
15 "taxable year" shall have the same meaning as in s. 220.03.
16 (5)(6) Prior to the 2004 Regular Session of the
17 Legislature, the Office of Program Policy Analysis and
18 Government Accountability shall review and evaluate the
19 effectiveness and viability of the pilot project area created
20 under this section, using the research design prescribed
21 pursuant to s. 290.015. The office shall specifically evaluate
22 whether relief from certain taxes induced new investment and
23 development in the area; increased the number of jobs created
24 or retained in the area; induced the renovation,
25 rehabilitation, restoration, improvement, or new construction
26 of businesses or housing within the area; and contributed to
27 the economic viability and profitability of business and
28 commerce located within the area. The office shall submit a
29 report of its findings and recommendations to the Speaker of
30 the House of Representatives and the President of the Senate
31 no later than January 15, 2004.
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1 (6)(7) This section shall stand repealed on June 30,
2 2010, and any designation made pursuant to this section shall
3 be revoked on that date.
4 Section 45. Section 290.00694, Florida Statutes, is
5 created to read:
6 290.00694 Enterprise zone designation for rural
7 champion communities.--An area designated as a rural champion
8 community pursuant to the Taxpayer Relief Act of 1997 may
9 apply to Enterprise Florida, Inc., for designation as an
10 enterprise zone. The application must be submitted by December
11 31, 2000, and must comply with the requirements of s.
12 290.0055. Notwithstanding the provisions of s. 290.0065
13 limiting the total number of enterprise zones designated and
14 the number of enterprise zones within a population category,
15 the Office of Tourism, Trade, and Economic Development upon
16 recommendation of Enterprise Florida, Inc., may designate
17 enterprise zones under this section. The Office of Tourism,
18 Trade, and Economic Development shall establish the initial
19 effective date of the enterprise zones designated pursuant to
20 this section.
21 Section 46. Section 290.009, Florida Statutes, is
22 amended to read:
23 290.009 Enterprise Zone Interagency Coordinating
24 Council.--
25 (1) There is created within the Office of Tourism,
26 Trade, and Economic Development the Enterprise Zone
27 Interagency Coordinating Council. The council shall be
28 composed of the secretaries or executive directors, or their
29 designees, of the Department of Community Affairs, the Office
30 of Tourism, Trade, and Economic Development, the Department of
31 Children and Family Services, the Department of Health, the
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1 Department of Juvenile Justice, the Department of Labor and
2 Employment Security, the Department of State, the Department
3 of Transportation, the Department of Environmental Protection,
4 the Department of Law Enforcement, and the Department of
5 Revenue; the Attorney General or his or her designee; and the
6 executive directors or their designees of the Florida
7 Community College System, the Florida Black Business
8 Investment Board, and the Florida State Rural Development
9 Council. Enterprise Florida, Inc., shall serve as staff to the
10 council.
11 (2) The purpose of the council is to:
12 (a) Advise Enterprise Florida, Inc., and the office in
13 planning, developing, implementing, and performing evaluation
14 and reporting activities related to the Florida Enterprise
15 Zone Act of 1994.
16 (b) Assist in the evaluation and review of enterprise
17 zone designation applications pursuant to s. 290.0065.
18 (c) Assist in the selection of designated enterprise
19 zones for participation in the enterprise zone linked deposit
20 program pursuant to s. 290.0075.
21 (d) Encourage state agencies to administer programs in
22 a manner that supports the purposes of this act and the goals
23 and objectives of strategic enterprise zone development plans
24 prepared by local governments.
25 (3) The director of the office or his or her designee
26 shall serve as the chair of the council.
27 Section 47. Section 290.014, Florida Statutes, is
28 amended to read:
29 290.014 Annual reports on enterprise zones.--
30 (1) By February 1 of each year, the Department of
31 Revenue shall submit an annual report to Enterprise Florida,
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1 Inc., the Office of Tourism, Trade, and Economic Development
2 detailing the usage and revenue impact by county of the state
3 incentives listed in s. 290.007.
4 (2) By March 1 of each year, Enterprise Florida, Inc.,
5 the office shall submit an annual report to the Governor, the
6 Speaker of the House of Representatives, and the President of
7 the Senate, and the director of the Office of Tourism, Trade,
8 and Economic Development. The report shall include the
9 information provided by the Department of Revenue pursuant to
10 subsection (1) and the information provided by enterprise zone
11 development agencies pursuant to s. 290.0056. In addition, the
12 report shall include an analysis of the activities and
13 accomplishments of each enterprise zone, and any additional
14 information prescribed pursuant to s. 290.015.
15 Section 48. Subsection (2) of section 290.046, Florida
16 Statutes, is amended to read:
17 290.046 Applications for grants; procedures;
18 requirements.--
19 (2)(a) Except as provided in paragraph (c), each
20 eligible local government may submit an application for a
21 grant under either the housing program category or the
22 neighborhood revitalization program category during each
23 annual funding cycle. An applicant may not receive more than
24 one grant in any state fiscal year from any of the following
25 categories: housing, neighborhood revitalization, or
26 commercial revitalization.
27 (b) Except as provided in paragraph (c), each eligible
28 local government may apply during each up to three times in
29 any one annual funding cycle for grants a grant under the
30 economic development program category but shall receive
31 cumulative awards no more than the applicable grant ceiling
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1 established by the department one such grant per annual
2 funding cycle under s. 290.047(2). Applications for grants
3 under the economic development program category may be
4 submitted at any time during the annual funding cycle, and
5 such grants shall be awarded no less frequently than three
6 times per funding cycle. The department shall establish
7 minimum criteria pertaining to the number of jobs created for
8 persons of low or moderate income, the degree of private
9 sector financial commitment, and the economic feasibility of
10 the proposed project and shall establish any other criteria
11 the department deems appropriate. Assistance to a private,
12 for-profit business may not be provided from a grant award
13 unless sufficient evidence exists to demonstrate that without
14 such public assistance the creation or retention of such jobs
15 would not occur.
16 (c)1. Local governments with an open housing,
17 neighborhood revitalization, or commercial revitalization
18 contract shall not be eligible to apply for another housing,
19 neighborhood revitalization, or commercial revitalization
20 grant until administrative closeout of their existing
21 contract. The department shall notify a local government of
22 administrative closeout or of any outstanding closeout issues
23 within 45 days of receipt of a closeout package from the local
24 government. Local governments with an open housing,
25 neighborhood revitalization, or commercial revitalization
26 community development block grant contract whose activities
27 are on schedule in accordance with the expenditure rates and
28 accomplishments described in the contract may apply for an
29 economic development grant.
30 2. Local governments with an open economic development
31 community development block grant contract or contracts whose
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1 activities are on schedule in accordance with the expenditure
2 rates and accomplishments described in the contract or
3 contracts may apply for a housing or neighborhood
4 revitalization and a commercial revitalization community
5 development block grant. Local governments with an open
6 economic development contract or contracts whose activities
7 are on schedule in accordance with the expenditure rates and
8 accomplishments described in the contract or contracts may
9 receive no more than one additional economic development
10 grants grant in each fiscal year subject to the grant ceilings
11 established by the department under s. 290.047.
12 (d) Beginning October 1, 1988, the department shall
13 award no grant until the department has determined, based upon
14 a site visit, that the proposed area matches and adheres to
15 the written description contained within the applicant's
16 request. If, based upon review of the application or a site
17 visit, the department determines that any information provided
18 in the application which affects eligibility or scoring has
19 been misrepresented, the applicant's request shall be rejected
20 by the department pursuant to s. 290.0475(7). Mathematical
21 errors in applications which may be discovered and corrected
22 by readily computing available numbers or formulas provided in
23 the application shall not be a basis for such rejection.
24 Section 49. Subsection (7) is added to section
25 290.048, Florida Statutes, to read:
26 290.048 General powers of Department of Community
27 Affairs under ss. 290.0401-290.049.--The department has all
28 the powers necessary or appropriate to carry out the purposes
29 and provisions of the program, including the power to:
30 (7) Establish advisory committees and solicit
31 participation in the design, implementation, and evaluation of
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1 the program and its linkages with other housing, community
2 development, and economic development resources.
3 Section 50. Section 290.049, Florida Statutes, is
4 repealed.
5 Section 51. Subsection (6) of section 373.4149,
6 Florida Statutes, is amended to read:
7 373.4149 Miami-Dade County Lake Belt Plan.--
8 (6) The Miami-Dade County Lake Belt Plan
9 Implementation Committee shall be appointed by the governing
10 board of the South Florida Water Management District to
11 develop a strategy for the design and implementation of the
12 Miami-Dade County Lake Belt Plan. The committee shall consist
13 of the chair of the governing board of the South Florida Water
14 Management District, who shall serve as chair of the
15 committee, the policy director of Environmental and Growth
16 Management in the office of the Governor, the secretary of the
17 Department of Environmental Protection, the director of the
18 Division of Water Facilities or its successor division within
19 the Department of Environmental Protection, the director of
20 the Office of Tourism, Trade, and Economic Development within
21 the office of the Governor, the secretary of the Department of
22 Community Affairs, the executive director of the Game and
23 Freshwater Fish Commission, the director of the Department of
24 Environmental Resource Management of Miami-Dade County, the
25 director of the Miami-Dade County Water and Sewer Department,
26 the Director of Planning in Miami-Dade County, a
27 representative of the Friends of the Everglades, a
28 representative of the Florida Audubon Society, a
29 representative of the Florida chapter of the Sierra Club, four
30 representatives of the nonmining private landowners within the
31 Miami-Dade County Lake Belt Area, and four representatives
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1 from the limestone mining industry to be appointed by the
2 governing board of the South Florida Water Management
3 District. Two ex officio seats on the committee will be filled
4 by one member of the Florida House of Representatives to be
5 selected by the Speaker of the House of Representatives from
6 among representatives whose districts, or some portion of
7 whose districts, are included within the geographical scope of
8 the committee as described in subsection (3), and one member
9 of the Florida Senate to be selected by the President of the
10 Senate from among senators whose districts, or some portion of
11 whose districts, are included within the geographical scope of
12 the committee as described in subsection (3). The committee
13 may appoint other ex officio members, as needed, by a majority
14 vote of all committee members. A committee member may
15 designate in writing an alternate member who, in the member's
16 absence, may participate and vote in committee meetings.
17 Section 52. The Institute of Food and Agricultural
18 Sciences at the University of Florida is authorized to enter
19 into contracts with the U.S. Department of Agriculture and may
20 receive grants of money to support the Florida State Rural
21 Development Council.
22 Section 53. The Workforce Development Board of
23 Enterprise Florida, Inc., shall develop, in consultation with
24 the State Board of Community Colleges and the Division of
25 Workforce Development of the Department of Education, a policy
26 authorizing the placement of Workforce Investment Act clients
27 and other training program clients in self-employment as a
28 means job placement. Notwithstanding any other provision of
29 law, such policy shall define the conditions necessary,
30 including documentation of income, for self-employment to
31
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1 qualify as job placement for Workforce Investment Act programs
2 and Workforce Development Education Fund programs.
3 Section 54. Extraordinary economic development
4 opportunities and threats; responsibilities of the Office of
5 Tourism, Trade, and Economic Development and Enterprise
6 Florida, Inc.; creation of Economic Development Leadership
7 Council.--
8 (1) The Office of Tourism, Trade, and Economic
9 Development, in conjunction with Enterprise Florida, Inc.,
10 shall establish a unit within the office responsible for
11 forecasting extraordinary economic development opportunities
12 and extraordinary economic development threats with the
13 potential to affect significantly the economy of the state.
14 The unit also shall be responsible for coordinating
15 development and implementation of an action plan to address,
16 in a proactive manner, such opportunities or threats. The unit
17 shall be composed of staff members from the office and from
18 Enterprise Florida, Inc., who are designated by the director
19 of the office and the president of Enterprise Florida, Inc.
20 (2) For the purposes of this section, the term
21 "extraordinary economic development opportunity" includes an
22 economic development project, whether associated with the
23 expansion of an existing business in the state or the location
24 of a new business to the state, which has the potential to
25 result in the creation of at least 500 jobs in the state or a
26 cumulative investment in the state of at least $100 million.
27 The term "extraordinary economic development threat" includes
28 the potential loss of at least 500 jobs in the state because
29 of the reorganization, closure, or relocation out of the state
30 by an existing business in the state.
31
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1 (3) Duties of the forecast unit in the Office of
2 Tourism, Trade, and Economic Development shall include, but is
3 not limited to:
4 (a) Analyzing market conditions for business sectors
5 that are strategically important to the state economy;
6 (b) Monitoring economic development activities in
7 other states which have the potential to affect this state;
8 (c) Reviewing and understanding trade publications for
9 business sectors that are strategically important to the state
10 economy;
11 (d) Identifying private-sector points of contact
12 inside and outside the state which can provide the unit with
13 expertise and insights on matters affecting business sectors
14 that are strategically important to the state economy;
15 (e) Preparing contingency plans to enable the state to
16 respond rapidly and effectively to extraordinary economic
17 development opportunities or threats;
18 (f) Documenting lessons learned from extraordinary
19 economic development opportunities and threats once they have
20 occurred; and
21 (g) Working with local and regional economic
22 development organizations to forecast extraordinary economic
23 development opportunities and threats.
24 (4) There is created the Economic Development
25 Leadership Council, which shall be responsible for providing
26 state leadership in response to an extraordinary economic
27 development opportunity or an extraordinary economic
28 development threat.
29 (a) The council shall be composed of the following
30 members;
31 1. The Governor;
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1 2. The President of the Senate;
2 3. The Speaker of the House of Representatives;
3 4. The director of the Office of Tourism, Trade, and
4 Economic Development; and
5 5. The president of Enterprise Florida, Inc.
6 (b) The council shall convene at the recommendation of
7 the director of the Office of Tourism, Trade, and Economic
8 Development. Staff of the forecast unit within the office
9 shall serve as staff to the council. The forecast unit within
10 the office shall inform the council about the extraordinary
11 economic development opportunity or threat and shall seek the
12 advice of the council members on development and
13 implementation of a plan of action to address the opportunity
14 or threat. Staff of the forecast unit shall maintain the
15 confidentiality provided under section 288.075, Florida
16 Statutes.
17 (5) By January 31, 2001, the Office of Tourism, Trade,
18 and Economic Development, in conjunction with Enterprise
19 Florida, Inc., shall submit a report to the Governor, the
20 President of the Senate, and the Speaker of the House of
21 Representatives which includes specific recommendations for
22 vesting the Economic Development Leadership Council with
23 powers to respond to an extraordinary economic development
24 opportunity or an extraordinary economic development threat.
25 Section 55. Toolkit for Economic Development.--
26 (1) LEGISLATIVE INTENT.--The Legislature finds that
27 the state has numerous economically distressed communities
28 with a high proportion of needy families who are current or
29 former recipients of public assistance or who are at risk of
30 becoming dependent upon public assistance. The Legislature
31 also finds that the existence of safe and strong communities
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1 with prosperous economies is crucial to reduce dependence on
2 public assistance and to promote employment retention and
3 self-sufficiency. It is the intent of the Legislature to
4 reduce reliance on public assistance, to promote employment
5 retention, and to increase self-sufficiency by providing
6 easily accessed and useable tools that support local
7 initiatives that create economically prosperous communities
8 for needy families.
9 (2) CREATION; PURPOSE.--There is created a program to
10 be known as the "Toolkit for Economic Development," the
11 purpose of which is to enable economically distressed
12 communities to access easily, and use effectively, federal and
13 state tools to improve conditions in the communities and
14 thereby help needy families in the communities avoid public
15 assistance, retain employment, and become self-sufficient.
16 (3) DEFINITIONS.--For the purposes of this section, a
17 community is "economically distressed" if the community is
18 experiencing conditions affecting its economic viability and
19 hampering the self-sufficiency of its residents, including,
20 but not limited to, low per capita income, low property
21 values, high unemployment, high under-employment, low weekly
22 wages compared to the state average, low housing values
23 compared to the state or area average, high percentage of the
24 population receiving public assistance, high poverty levels
25 compared to the state average, and high percentage of needy
26 families.
27 (4) LIAISONS.--
28 (a) By August 1, 2000, the head of each of the
29 following agencies or organizations shall designate a
30 high-level staff person from within the agency or organization
31 to serve as a liaison to this program:
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1 1. Office of Tourism, Trade, and Economic Development;
2 2. Office of Urban Opportunity;
3 3. Department of Community Affairs;
4 4. Department of Law Enforcement;
5 5. Department of Juvenile Justice;
6 6. Department of Transportation;
7 7. Department of Environmental Protection;
8 8. Department of Agriculture and Consumer Services;
9 9. Department of State;
10 10. Department of Health;
11 11. Department of Children and Family Services;
12 12. Department of Corrections;
13 13. Department of Labor and Employment Security;
14 14. Department of Education;
15 15. Department of Military Affairs;
16 16. Florida Housing Finance Corporation;
17 17. Institute of Food and Agricultural Sciences;
18 18. Institute on Urban Policy and Commerce;
19 19. Florida Tourism Industry Marketing Corporation;
20 20. Enterprise Florida, Inc.;
21 21. Workforce Development Board of Enterprise Florida,
22 Inc.;
23 22. Executive Office of the Governor; and
24 23. Any other agencies or organizations as determined
25 by the coordinating partners.
26 (b) An alternate for each designee shall also be
27 chosen, and the names of the designees and alternates shall be
28 sent to the coordinating partners, which shall convene the
29 liaisons as necessary.
30 (c) Each liaison must have a comprehensive knowledge
31 of the functions, whether regulatory or service-based, of his
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1 or her agency or organization. The liaison shall be the
2 primary contact for the agency or organization for the Toolkit
3 for Economic Development, assisting in expediting proposal
4 review, resolving problems, promoting flexible assistance, and
5 identifying opportunities for support within the agency or
6 organization.
7 (d) As deemed necessary by the coordinating partners,
8 liaisons shall review proposals from economically distressed
9 communities to determine if they would be properly referred or
10 submitted to their agencies or organizations. If such referral
11 and submittal is appropriate, the liaison shall then assist
12 the community as an ombudsman.
13 (e) The liaisons shall work at the request of the
14 coordinating partners to review statutes and rules for their
15 adverse effects on economically distressed communities and to
16 develop alternative proposals to mitigate these effects.
17 (f) Liaisons shall review their agencies' or
18 organizations' evaluation and scoring procedures for grant,
19 loan, and aid programs to ensure that economically distressed
20 communities are not unfairly disadvantaged, hampered, or
21 handicapped in competing for awards because of community
22 economic hardship. If they are, new evaluation criteria and
23 scoring procedures shall be considered that recognize
24 disproportionate requirements which an application process
25 makes of a community that lacks the resources of other more
26 prosperous communities. The evaluation criteria should weight
27 contribution in proportion to the amount of resources
28 available at the local level.
29 (g) Annually, the coordinating partners shall report
30 to the Governor and the head of each agency or organization on
31 the work and accomplishments of the liaisons.
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1 (5) COORDINATING PARTNERS.--
2 (a) The liaisons from the WAGES State Board of
3 Directors, or its successor organization, the Office of Urban
4 Opportunity, the Department of Community Affairs, Enterprise
5 Florida, Inc., and the Workforce Development Board of
6 Enterprise Florida, Inc., shall serve as the coordinating
7 partners of the Toolkit for Economic Development and act as an
8 executive committee for the liaisons. The coordinating
9 partners shall review any request from a Front Porch Community
10 and shall provide whatever assistance that this section can
11 afford to them.
12 (b) From time to time, the coordinating partners may
13 recommend to the head of an agency or organization, approval
14 of a project that in the unanimous judgment of the
15 coordinating partners will have an extraordinary positive
16 impact on an economically distressed community. Upon such
17 recommendation, the head of an agency or organization shall
18 give priority consideration for approval of such project.
19 (6) MATCHING-FUNDS OPTIONS.--Notwithstanding any other
20 provision of law, an agency or organization may waive any
21 state-required matching-funds requirements at the request of
22 the coordinating partners. This waiver is contingent upon the
23 determination by the coordinating partners that the community
24 is fully committed to the success of a project, but lacks the
25 community resources to meet match requirements. In-kind
26 matches shall be allowed and applied as matching-funds
27 utilizing the same determination criteria. The coordinating
28 partners must unanimously endorse each request to an agency or
29 organization. Any funds appropriated to the coordinating
30 partners may be used to meet matching-funds requirements or
31
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1 fees for federal, state, or foundation application
2 requirements.
3 (7) INVENTORY.--The coordinating partners shall
4 develop, in consultation with the liaisons, an inventory of
5 recommended federal and state tax credits, incentives,
6 inducements, programs, opportunities, demonstrations or pilot
7 programs, grants, and other resources available through the
8 agencies and organizations which could assist Front Porch
9 Florida or economically distressed communities. Each entry in
10 the inventory must include a summary; a contact person; a
11 simple description of the application process and a timetable;
12 a profile of funding awards and funds availability; and a
13 complexity ranking. The inventory shall be organized into
14 seven categories, including:
15 (a) Leadership.--Entries that promote the skills and
16 capacities of local leaders, volunteers, organizations, and
17 employees that work on other categories of the inventory.
18 These entries shall include, but are not limited to, grants;
19 scholarships; Individual Training Accounts; Retention
20 Incentive Training Account programs; and other programs that
21 build the resident capacity to create a better community.
22 These entries shall include educational-based institutes that
23 can assist with research, consulting, technical assistance,
24 capacity building, training, and program assistance to
25 communities.
26 (b) Safety.--Entries that increase safety and reduce
27 crime. These entries shall include, but are not limited to,
28 the training and employment of public safety employees and
29 volunteers; establishing safer businesses and neighborhoods;
30 training residents in safety practices; organizing safety
31 networks and cooperatives; improving lighting; improving the
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1 safety of homes, buildings, and streets; and providing for
2 community police and safety projects, including those designed
3 to protect youth in the community. Other entries may be
4 included that reinforce community and local law enforcement.
5 (c) Clean Up.--Entries that support clean up and
6 enhancement projects that quickly create visible improvements
7 in neighborhoods, including the demolition of drug havens and
8 abandoned buildings. These entries shall include, but are not
9 limited to, projects that plan, design, or implement clean up
10 strategies; main street redevelopment; and renovation
11 projects. These entries may also include planning and
12 implementation for larger neighborhood revitalization and
13 economic development projects.
14 (d) Business.--Entries that support small business
15 development, including, but not limited to, attraction of
16 national franchises; micro-loans; guaranteed commercial loans;
17 technical assistance; self-employment; linked deposit; loan
18 loss reserves; business incubators; and other activities that
19 support the market economy.
20 (e) Schools.--Entries that upgrade schools through
21 repair or renovation, as well as training and employment
22 entries to assist with school transportation, services, and
23 security. These entries shall include, but are not limited to,
24 programs that enable school-based childcare; before, after,
25 and summer school programs; programs that broaden the use of
26 school facilities as a hub and haven within the community;
27 scholarships; and grant programs that assist families and
28 individuals to complete and enhance their education.
29 (f) Partners.--Entries that provide tax credits,
30 incentives, and other inducements to businesses that
31 contribute to community projects, such as the community
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1 contribution tax credit under sections 220.183 and 624.5105,
2 Florida Statutes. These entries shall include any programs
3 that help raise federal or foundation grant funds.
4 (g) Redevelopment.--Entries that support the planning,
5 preparation, construction, marketing, and financing of
6 residential, mixed-use, and commercial redevelopment, as well
7 as residential and business infrastructure projects. These
8 entries shall include, but are not limited to, the workforce
9 development programs that influence business decisions such as
10 the Quick-Response Training Program and Quick-Response
11 Training Program for Work and Gain Economic Self-sufficiency
12 (WAGES) participants.
13 (8) START-UP INITIATIVE.--
14 (a) Subject to legislative appropriation and the
15 provisions of this act, the Start-Up Initiative is created to
16 promote the use of the inventory, to boost a community's
17 efforts, and to ensure that federal funds do not go unexpended
18 or unobligated, or are not returned to federal agencies.
19 (b) The coordinating partners, in consultation with
20 the liaisons, local economic development organizations, and
21 regional workforce development boards, shall identify 15
22 communities, seven of which must be from the state's seven
23 largest counties, three of which must be from rural counties,
24 and five of which must be from other counties in the state.
25 These communities must be compact, congruent, and contiguous
26 census tracts that have high concentrations of needy families
27 who are current, former, or likely recipients of public
28 assistance. To the maximum extent possible, these communities
29 should coincide with federal empowerment zones, enterprise
30 communities, or similar designations; HOPE VI communities;
31 Front Porch Florida communities; enterprise zones established
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1 under chapter 290 or chapter 370, Florida Statutes;
2 Neighborhood Improvement Districts established under chapter
3 163, Florida Statutes; community redevelopment areas
4 established under chapter 163, Florida Statutes; and Urban
5 High Crime Areas or Rural Job Tax Credit Areas established
6 under chapter 212, Florida Statutes.
7 (c) The coordinating partners shall solicit proposals
8 from Front Porch Advisory Committees, community-based
9 organizations, local governments, and neighborhood
10 associations located in the communities identified in
11 paragraph (b) and Front Porch communities. The coordinating
12 partners shall provide each applicant with the inventory and
13 recommendations on proposals that can be funded.
14 (d) Communities may prepare a proposal to access and
15 use various entries from the inventory which will launch or
16 boost their economic development efforts. Proposals must be no
17 more than 20 pages long and include:
18 1. A brief description of how the community would use
19 entries from the inventory in the community's economic
20 development strategy;
21 2. Specific evidence of community support for the
22 proposal from community-based organizations, local government,
23 regional workforce development boards, and local economic
24 development organizations;
25 3. Identification and commitment of local resources
26 for the proposal from community-based organizations, local
27 government, regional workforce development boards, and local
28 economic development organizations;
29 4. Identification of the specific entity or person
30 responsible for coordinating the community's proposal; and
31
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1 5. Identification of a local fiscal entity for
2 contracting, administration, and accountability.
3 (e) The coordinating partners shall appoint a liaison
4 to assist each community with the proposal and its
5 implementation, if awarded.
6 (f) The coordinating partners shall design an
7 impartial and competitive proposal-review process and
8 evaluation criteria. Based on the evaluation criteria, up to
9 nine communities shall be designated to participate in the
10 Start Up Initiative. Once a community is designated, the
11 coordinating partners and the community's liaison will work to
12 finalize the proposal, including the addition of funding
13 sources for each inventory entry. The finalized proposal shall
14 serve as the contract between the community and the Start-Up
15 Initiative. If sufficient funding does not exist for an entry
16 that is essential for the community's proposal or a community
17 is ineligible for a specific inventory entry, the coordinating
18 partners may allocate funding that is under their control to
19 fulfill the entry. The proposal must be operational within 3
20 months after approval.
21 (g) Proposals that would mainly result in
22 gentrification of the community, that would not employ a
23 preponderance of residents, and that predominately create
24 residences or businesses that are beyond the anticipated
25 income level of the working residents of the community are not
26 eligible.
27 (h) Proposal awards shall be obligated for federal
28 funding purposes, and shall be considered appropriated for
29 purposes of section 216.301, Florida Statutes. The
30 coordinating partners may allocate funding that is under their
31 control to fund this initiative. Any funding appropriated to
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1 assist needy families, or to promote job placement and
2 employment retention, which is in excess of revenues necessary
3 to fulfill the appropriated purpose, and which may not be
4 obligated during the budget year, may be allocated to this
5 initiative to support an approved proposal.
6 (i) Any federal funds must be used for purposes
7 consistent with applicable federal law; however, the
8 coordinating partners, with the assistance of the Department
9 of Children and Family Services, shall aggressively pursue
10 innovative uses of federal funds to support projects that
11 train community leaders, upgrade individuals skills, promote
12 safety, clean up communities, beautify neighborhoods,
13 encourage small business, stimulate employment, increase
14 educational opportunity, promote community partnering, advance
15 community redevelopment, and upgrade housing because it
16 assists needy families, promoting self-sufficiency and job
17 retention.
18 (j) The coordinating partners shall adopt procedures
19 for the Start-Up Initiative and may, if necessary, adopt,
20 through the Department of Community Affairs, emergency rules
21 to govern the submission of proposals, the evaluation of
22 proposals, the initiative awards, and the implementation
23 procedures for administration of awards.
24 (9) COMMUNITIES OF CRITICAL ECONOMIC OPPORTUNITY.--The
25 coordinating partners may recommend to the Governor up to
26 three communities of critical economic opportunity. A
27 community of critical economic opportunity must be a community
28 that is economically distressed, that presents a unique
29 economic development opportunity, and that will create more
30 than 1,000 jobs over a 5-year period. The Governor may, by
31 executive order, designate up to three communities of critical
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1 economic opportunity which will establish these areas as
2 priority assignments for the liaisons and coordinating
3 partners as well as to allow the Governor, acting through
4 them, to waive criteria, requirements, or similar provisions
5 of any economic development incentive. Such incentives shall
6 include, but not be limited to: the Qualified Target Industry
7 Tax Refund Program under section 288.106, Florida Statutes,
8 the Quick Response Training Program under section 288.047,
9 Florida Statutes, the WAGES Quick Response Training Program
10 under section 288.047(10), Florida Statutes, transportation
11 projects under section 288.063, Florida Statutes, the
12 brownfield redevelopment bonus refund under section 288.107,
13 Florida Statutes, and the job and employment tax credit
14 programs. Designation as a community of critical economic
15 opportunity under this subsection shall be contingent upon the
16 execution of a memorandum or agreement among the coordinating
17 partners; the governing body of the county; and the governing
18 bodies of any municipalities to be included within an area of
19 critical economic opportunity. Such agreement shall specify
20 the terms and conditions of the designation, including, but
21 not limited to, the duties and responsibilities of the county
22 and any participating municipalities to take actions designed
23 to facilitate the retention and expansion of existing
24 businesses in the area, as well as the recruitment of new
25 businesses to the area.
26 (10) FUNDING.--
27 (a) To implement the provisions of this act, the
28 coordinating partners are authorized to spend, contingent on a
29 specific appropriation, up to $25 million from the Temporary
30 Assistance for Needy Families (TANF) Block Grant through the
31
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1 TANF administrative entity at the Department of Management
2 Services.
3 (b) Any expenditure from the TANF Block Grant shall be
4 in accordance with the requirements and limitations of Title
5 IV of the Social Security Act, as amended, or any other
6 applicable federal requirement or limitation in law. Prior to
7 any expenditure of such funds, the Workforce Development Board
8 of Enterprise Florida, Inc., and the secretary of the
9 Department of Children and Family Services, or his or her
10 designee, shall certify that controls are in place to ensure
11 that such funds are expended and reported in accordance with
12 the requirements and limitations of federal law. It shall be
13 the responsibility of any entity to which funds are awarded to
14 obtain the required certification prior to any expenditure of
15 funds.
16 (11) REPORTING.--The Office of Program Policy Analysis
17 and Government Accountability and the coordinating partners,
18 shall develop measures and criteria by October 1, 2001, for
19 evaluating the effectiveness of the Toolkit for Economic
20 Development including the liaisons, coordinating partners,
21 waivers and matching options, inventory, Start-Up Initiative,
22 and Communities of Critical Economic Opportunity. The Office
23 of Program Policy and Government Accountability shall submit
24 to the Governor, the President of the Senate, and the Speaker
25 of the House of Representatives, by January 1, 2002, a report
26 detailing the progress that the Toolkit for Economic
27 Development has made toward achievement of established
28 measures.
29 (12) EXPIRATION.--This section expires June 30, 2002.
30 Section 56. Section 288.1260, Florida Statutes, is
31 created to read:
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1 288.1260 Front Porch Florida Initiative.--
2 (1) LEGISLATIVE INTENT.--The Legislature finds that
3 the State of Florida has many communities that, in times of
4 general fiscal prosperity, have not experienced the same
5 levels of economic fulfillment as other areas of our state.
6 These neighborhoods and communities are often found in the
7 urban core areas of our cities, and have been the recipients
8 of top down imposed state and federal programs that have
9 lacked a comprehensive approach to revitalization. The
10 Legislature further finds that these distressed urban cores
11 have often had a narrow set of solutions imposed on them
12 without regard to the unique nature of the problems that face
13 each neighborhood.
14 (2) CREATION.--The Front Porch Florida initiative will
15 be a community-based effort, giving residents the power to
16 define the causes of their problems and harnessing the
17 collective power of individual neighborhoods to craft unique
18 solutions to these problems. The Front Porch Florida
19 initiative is created to provide a comprehensive,
20 community-based approach to neighborhood revitalization in
21 Florida, engaging the resources of the state as a facilitator
22 for community solutions and a civic switchboard to match
23 communities with resources.
24 (3) PRINCIPLES.--The Front Porch Florida initiative is
25 built upon the following principles:
26 (a) Urban revitalization begins in Florida's
27 neighborhoods and not in state government. The resources for
28 solving some of their problems may reside in part in state and
29 local government, but the solutions to the unique challenges
30 of each neighborhood must come from citizens who live in these
31 neighborhoods.
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1 (b) Expanded business opportunities and access to
2 capital are critical to sustaining any urban renewal efforts.
3 There must be a multi-faceted commitment of fiscal resources
4 and increased business opportunities that stimulates
5 entrepreneurship in urban core neighborhoods.
6 (c) Government cannot raise expectations beyond its
7 capacity to deliver. State and local governments have roles in
8 our urban cores, but government is not the panacea.
9 (d) An effective state urban policy must support
10 existing efforts and work with the on-going activities of
11 local communities, mayors, and municipalities. The state must
12 also leverage faith-based and community-based groups into the
13 equation in a way that has never been tried before. Churches,
14 ministers, pastors, rabbis, and other community leaders are
15 often the greatest agents of improvement in our urban cores.
16 They must be empowered to be involved in Front Porch Florida
17 to the greatest extent possible.
18 (4) LIAISONS TO FRONT PORCH FLORIDA COMMUNITIES.--No
19 later than August 1, 2000, the head of each of the following
20 agencies or organizations shall designate a high-level staff
21 person from within the agency or organization to serve as the
22 Front Porch Florida liaison to the Front Porch Florida "A"
23 Team:
24 1. Department of Community Affairs;
25 2. Department of Law Enforcement;
26 3. Department of Juvenile Justice;
27 4. Department of Corrections;
28 5. Department of Transportation;
29 6. Department of Environmental Protection;
30 7. Department of Agriculture and Consumer Services;
31 8. Department of State;
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1 9. Department of Health;
2 10. Department of Children and Family Services;
3 11. Department of Labor and Employment Security;
4 12. Department of Education;
5 13. Department of Military Affairs;
6 14. Institute of Food and Agricultural Sciences;
7 15. Enterprise Florida, Inc.;
8 16. Workforce Development Board of Enterprise Florida,
9 Inc.; and
10 17. Executive Office of the Governor.
11
12 Each Front Porch Florida liaison must have comprehensive
13 knowledge of his or her agency's functions. This person shall
14 be the primary point of contact for his or her agency on
15 issues and projects relating to economically distressed
16 communities, shall ensure a prompt effective response to
17 problems arising with regard to community issues, and shall
18 assist in the identification of opportunities for preferential
19 awards of program funds to facilitate the civic switchboard
20 function of Front Porch Florida.
21 (5) INVENTORY.--Front Porch Florida communities shall
22 use the inventory of federal and state resources developed as
23 part of the Toolkit for Economic Development to facilitate
24 solutions to their unique challenges.
25 (6) SELECTION OF FRONT PORCH FLORIDA COMMUNITIES.--
26 (a) The Office of Urban Opportunity, created in
27 section 14.2015(9)(a), Florida Statutes, will solicit
28 applications from Florida communities that wish to be
29 designated as Front Porch Florida communities. The application
30 should specify the boundaries of the nominated area, quantify
31 the need for revitalization, demonstrate a history of
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1 grass-roots activities in the neighborhood, and identify the
2 resources within each community that will contribute to their
3 success as Front Porch Florida communities.
4 (b) Successful applications for designation may
5 include strategies for expanding business opportunities and
6 access to capital, closing the gap in education, building upon
7 the activities of faith-based and community-based groups,
8 providing affordable, quality housing, strengthening public
9 safety, and creating a healthy environment.
10 (c) Upon designation as a Front Porch Florida
11 community, the neighborhood will form a Governor's
12 Revitalization Council, comprised of partners and stakeholders
13 in each community. Each council should be representative of
14 the broad diversity and interests in the community and should
15 include residents, neighborhood associations, faith-based
16 organizations, and community-based organizations. Each council
17 should also develop partnerships with local government, law
18 enforcement agencies, lenders, schools, and health care
19 providers. Each council will prepare a specialized
20 Neighborhood Action Plan that will assist the Office of Urban
21 Opportunity in identifying and garnering the resources that
22 are needed to help successfully implement community
23 revitalization.
24 (7) MONITORING AND REPORTING.--The Office of Urban
25 Opportunity shall require each designated Front Porch Florida
26 community to submit a monthly report which details the
27 activities and accomplishments of the neighborhood. On a
28 quarterly basis, each designated community must submit a
29 report that specifically addresses the elements of each
30 Neighborhood Action Plan to determine progress toward
31 achieving stated goals. The community's Governor's
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1 Revitalization Council will submit an annual progress report
2 as part of their recertification process in order to maintain
3 designation as a Front Porch Florida community.
4 Section 57. Section 239.521, Florida Statutes, is
5 created to read:
6 239.521 Information-technology workforce-development
7 projects.--The Legislature recognizes that
8 information-technology industries are adding substantial
9 numbers of high-paying, high-technology jobs in the state. The
10 Legislature also recognizes the important contribution of this
11 industry as one of the targeted industries vital to the
12 state's current and future economic growth. The Legislature
13 further recognizes that information-technology industries are
14 in need of a highly skilled workforce to meet the growing
15 demands of the industry as well as to address the needs of
16 additional information-technology companies relocating to the
17 state. The Information Technology Development Task Force,
18 appointed by the 1999 Florida Legislature for the study of key
19 issues in the development of the state's economy, recommended
20 several means for further supporting this valued industry.
21 Therefore, it is the intent of the Legislature that the
22 following initiatives be funded to support the workforce needs
23 of this growing industry consistent with recognized needs of
24 the state.
25 (1) COMPREHENSIVE DISTANCE-LEARNING CURRICULUM
26 INITIATIVES.--
27 (a) The Legislature recognizes that there are multiple
28 levels of employee competencies embedded within the various
29 information-technology-industry jobs. Using these competencies
30 as the basis of a curriculum for training incumbent workers to
31 develop additional skills and potential workers to develop
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1 entry-level skills, the Legislature intends that a
2 comprehensive vocational-certificate or 2-year
3 distance-learning curriculum be developed.
4 (b) The comprehensive distance-learning initiative
5 involves the State Technology Office and the State Board of
6 Community Colleges acting through the Florida Community
7 College Distance Learning Consortium to ensure that the
8 curriculum is up-to-date, responsive to industry's changing
9 needs, and delivered in the most cost-effective manner
10 possible. The development of the distance-learning curriculum
11 for statewide dissemination is to be co-built by industry
12 content experts and educational providers. The process should
13 coordinate the existing efforts of individual institutions and
14 consortiums into a combined, comprehensive, and cohesive
15 methodology for providing training through the use of
16 technology and should involve:
17 1. A statewide review of existing distance-learning
18 courses;
19 2. Evaluation and purchase of appropriate
20 off-the-shelf products to be licensed for use on a statewide
21 basis; and
22 3. Development of missing competency training using
23 multi-media methodologies.
24 (c) The comprehensive distance-learning curriculum
25 developed under this subsection will be by one or more
26 institutions or consortiums. Participation in this project
27 will be competitively based and approved by the State Board of
28 Community Colleges based upon recommendations of the Florida
29 Community College Distance Learning Consortium. Participants
30 must meet the following criteria:
31
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1 1. Experience in providing training for
2 information-technology companies.
3 2. Availability of technical infrastructure to support
4 this project.
5 3. Endorsement from information-technology
6 economic-development agencies and local information-technology
7 business commitments to be actively involved.
8 4. Demonstrated multi-media course and program
9 development capabilities.
10 5. Existing consortium efforts.
11 6. Availability of local support.
12 (d) Contingent on a specific appropriation, these
13 funds must be used to support, among others, salaries,
14 licensing commercial courseware, purchasing existing
15 courseware and equipment, and related course-development
16 expenses.
17 (2) INFORMATION TECHNOLOGY INTERNSHIP OPPORTUNITIES
18 FOR FACULTY AND STUDENTS.--
19 (a) The Legislature recognizes that the preparedness
20 of both high school and postsecondary education students
21 emerging from an educational experience ready to enter the
22 information-technology workplace is dependent upon the quality
23 of instruction provided by faculty and information-technology
24 business interaction with their program of study. The
25 Legislature further recognizes that faculty at high school and
26 postsecondary school levels are better able to integrate
27 technology and current business standards into the curriculum
28 if they can verify from personal experience and knowledge the
29 importance of these for students' future success. Faculty also
30 require the ability to continuously update their knowledge and
31 skills as technology changes, and faculty will be able to
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1 increase their skills and knowledge from structured internship
2 opportunities within information-technology businesses.
3 Further, students gain increased knowledge and skills from
4 on-the-job training and direct work experience in a structured
5 internship opportunity. The Legislature, therefore, creates
6 the Information Technology Internship Program to encourage and
7 support information-technology-program faculty and student
8 internships with direct exposure to information-technology
9 industries. The Legislature further intends that the program
10 will provide a minimum of 200 faculty and 200 student
11 internships at various locations across the state.
12 (b) Local faculty and student internship initiatives
13 will be selected to be part of this project by the State
14 Technology Office, based on the following criteria:
15 1. Information-technology businesses providing faculty
16 and student internships will pay 50 percent of the salary for
17 each intern as well as provide workers' compensation benefits.
18 2. Economic-development agencies such as chambers of
19 commerce, economic-development commissions, or regional
20 consortia will be eligible to apply and serve as a local
21 fiscal agent for the program.
22 3. Establishment of qualifying criteria and process
23 for matching faculty and students with business-internship
24 opportunities.
25 4. Priority will be given to existing local efforts
26 that have proven successful and can be duplicated statewide.
27 5. Projects may be combined with federal tax-relief
28 efforts encouraging educational internship programs.
29 (c) Salaries and other conditions of work shall be set
30 by the Commissioner of Education, the Executive Director of
31
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1 the Florida Community College System, and the Chancellor of
2 the State University System.
3 (d) The Division of Workforce Development of the
4 Department of Education shall assume administrative
5 responsibility and act as fiscal agent for the
6 information-technology internships.
7 (e) Contingent on a specific appropriation, these
8 funds must be used to support programs established under this
9 subsection on a statewide basis.
10 (3) INFORMATION-TECHNOLOGY-TRAINING
11 FACILITY-IMPROVEMENT-STRATEGY INITIATIVES.--
12 (a) The Legislature recognizes that
13 information-technology businesses need increased numbers of
14 highly skilled workers. The shortage of a qualified labor
15 force has become a barrier to this dynamic industry's
16 continued growth in the state. The limited numbers of highly
17 skilled incumbent workers constantly need to update skills in
18 response to the evolving technologies and in order to move to
19 higher-paid positions within the industry. These incumbent
20 workers require a continuous work-and-learn cycle to maintain
21 their knowledge of new technologies and tools. Businesses
22 demand cutting-edge training opportunities for their employees
23 in order to meet the constantly changing globally competitive
24 marketplace. The Legislature recognizes that increased
25 accessibility and quality facilities are required to address
26 the increasing efforts of educational institutions to respond
27 to information-technology businesses and that
28 information-technology-training providers are expected to have
29 appropriate facilities to address the needs of this dynamic
30 industry. The Legislature further recognizes that additional
31 high-tech labs are required to provide the training for
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1 computer-systems engineers, software developers, and related
2 cutting-edge job types. These labs are more expensive than
3 regular facilities because of the additional infrastructure
4 and continuous turnover of equipment in response to changes in
5 global technology. Therefore, it is the intent of the
6 Legislature to provide a process and funding for appropriate
7 and needed information-technology-training-facility upgrades.
8 (b) The State Board of Community Colleges will
9 administer funds appropriated under paragraph (c) for
10 distribution on a competitive basis by October 1 of each year
11 to support approved projects. Projects may address upgrading
12 current facilities, planning new facilities, and combining the
13 efforts of institutions to serve the information-technology
14 business sector through state-of-the-art training facilities
15 designated to address the multi-media needs of this industry.
16 The projects would be competitively selected based on the
17 following criteria:
18 1. A concentration of information-technology
19 industries and workers in the service area.
20 2. Other local funding initiatives or federal funding
21 of an equal value to the state funds requested. These funds
22 must demonstrate a synergistic effort to support
23 information-technology industries.
24 3. Priority may be given to projects, including
25 partnership effort between two or more educational
26 institutions, so that a broader range of educational services
27 may be provided for information-technology industries.
28 4. Priorities may be given to projects that include
29 partnerships with a local municipality, county, or
30 economic-development agency as a way of demonstrating a
31 synergy of efforts to support this industry.
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1 (c) Contingent on a specific appropriation, these
2 funds must be used to support two or more projects approved
3 under this subsection.
4 Section 58. Present subsections (4) through (8) of
5 section 240.311, Florida Statutes, are redesignated as
6 subsections (5) through (9), respectively, and a new
7 subsection (4) is added to that section to read:
8 240.311 State Board of Community Colleges; powers and
9 duties.--
10 (4) The State Board of Community Colleges shall
11 identify, using the Critical Jobs Initiative, the occupational
12 forecasting process, or any other compatible mechanism, a
13 collection of programs designed to train broadband digital
14 media specialists. Programs identified by the board shall be
15 added to the statewide lists for demand occupations, if they
16 meet the high-skill/high-wage criteria as established by the
17 Workforce Estimating Conference created under s. 216.136(10).
18 Section 59. Subsection (5) is added to section
19 240.3341, Florida Statutes, to read:
20 240.3341 Incubator facilities for small business
21 concerns.--
22 (5) Community colleges are encouraged to establish
23 incubator facilities through which emerging small businesses
24 supportive of the development of content and technology for
25 digital broadband media and digital broadcasting may be
26 served.
27 Section 60. Section 240.710, Florida Statutes, is
28 created to read:
29 240.710 Digital Media Education Coordination Group.--
30 (1) The Board of Regents shall create a Digital Media
31 Education Coordination Group composed of representatives of
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1 the universities within the State University System which
2 shall work in conjunction with the State Board of Community
3 Colleges and the Articulation Coordinating Committee on the
4 development of a plan to enhance Florida's ability to meet the
5 current and future workforce needs of the digital media
6 industry. The following purposes of the group shall be
7 included in its plan-development process:
8 (a) Coordination of the use of existing academic
9 programs, research, and faculty resources to promote the
10 development of a digital media industry in Florida;
11 (b) Addressing strategies to improve opportunities for
12 interdisciplinary study and research within the emerging field
13 of digital media through the development of tracts in existing
14 degree programs, new interdisciplinary degree programs, and
15 interdisciplinary research centers; and
16 (c) Addressing the sharing of resources among
17 universities in such a way as to allow a student to take
18 courses from multiple departments or multiple educational
19 institutions in pursuit of competency, certification, and
20 degrees in digital information and media technology.
21 (2) Where practical, private accredited institutions
22 of higher learning in Florida should be encouraged to
23 participate.
24 (3) In addition to the elements of the plan governed
25 by the purposes described in subsection (1), the plan shall
26 include, to the maximum extent practicable, the coordination
27 of educational resources to be provided by distance learning
28 and shall facilitate, to the maximum extent, possible
29 articulation and transfer of credits between community
30 colleges and the state universities. The plan must address
31
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1 student enrollment in affected programs with emphasis on
2 enrollment beginning as early as the Fall Term in 2001.
3 (4) The Digital Media Education Coordination Group
4 shall submit its plan to the President of the Senate and the
5 Speaker of the House of Representatives by January 1, 2001.
6 Section 61. The Workforce Development Board of
7 Enterprise Florida, Inc., should reserve up to $1 million of
8 funds dedicated in Fiscal Year 2000-2001 for Incumbent Worker
9 Training for the digital media industry. Training may be
10 provided by public or private training providers for broadband
11 digital media jobs listed on the Occupational Forecast List
12 developed by the Workforce Estimating Conference or the
13 Targeted Occupations List of the Workforce Development Board.
14 Programs that operate outside the normal semester time periods
15 and coordinate the use of industry and public resources should
16 be given priority status for such reserved funds.
17 Section 62. The Workforce Development Board of
18 Enterprise Florida, Inc., shall by August 31, 2000, develop a
19 plan for the use of Targeted Assistance to Needy Families
20 funds, Workforce Investment Act funds, Quick Response funds,
21 Incumbent Worker Training funds, and other training-related
22 resources to enhance the workforce of digital-media-related
23 industries. The plan must provide the industries with a
24 program to train and assess the status of industry workforce
25 readiness for the digital era and should be done in
26 conjunction with the broadcast and cable industries.
27 Section 63. The sum of $1 million is appropriated from
28 the General Revenue Fund to the Digital Media Education
29 Infrastructure Fund for the 2000-2001 fiscal year, provided
30 such infrastructure fund is enacted into law as a result of
31 action taken during the 2000 Regular Session of the
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1 Legislature. The Office of Tourism, Trade, and Economic
2 Development shall be responsible for contracting with eligible
3 entities for receipt of such funds. The funds must be spent
4 according to the priorities established by the industry sector
5 group on broadband digital media established by Enterprise
6 Florida, Inc., and must be matched by industry contributions.
7 Section 64. Enterprise Florida, Inc., shall convene an
8 organizational meeting for industries involved in broadband
9 digital media to organize and facilitate future activities of
10 associated industry groups or facilitate the ongoing
11 activities of a similar group. Enterprise Florida, Inc., shall
12 make all necessary preparations to identify and designate a
13 digital-media sector as part of its sector strategy and
14 identify the sector as a priority recruitment/retention set of
15 industries.
16 Section 65. (1) Enterprise Florida, Inc., shall award
17 a contract for the establishment of a digital media incubator
18 to encourage companies developing content and technology for
19 digital broadband media and digital broadcasting to locate and
20 develop their businesses in Florida. Qualifications of an
21 applicant for a contract as a digital media incubator shall at
22 a minimum include the following:
23 (a) Demonstrated expertise in developing content and
24 technology for digital broadband media and digital
25 broadcasting;
26 (b) Demonstrated ability in venture capital
27 fund-raising;
28 (c) Demonstrated expertise in the development of
29 digital media businesses; and
30 (d) Demonstrated ability in coordinating public and
31 private educational institutions and business entities in
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1 digital technology joint business ventures. The awarding of
2 the contract must follow the procedures outlined in chapter
3 287, Florida Statutes.
4 (2) There is appropriated the sum of $2 million from
5 the General Revenue Fund to Enterprise Florida, Inc., for the
6 purpose of providing operational and investment seed funding
7 to encourage the financial and strategic participation of
8 venture capital firms, corporate and institutional sponsors,
9 and targeted start-up companies in the establishment of the
10 digital incubator. Initial state investment in the incubator
11 must be matched with contributions from the industry with
12 participating industry partners, including, but not limited
13 to, venture capitalists, digital media manufacturers, and
14 digital media content providers.
15 (3) Maximized leveraging of funds must be a priority
16 consideration in the location of the digital media incubator.
17 Consideration must be given to collocation of the incubator
18 with an existing state of the art media lab or an upgraded or
19 newly created media lab funded through the Digital Media
20 Education Infrastructure Fund in the Office of Tourism. Trade,
21 and Economic Development.
22 Section 66. ITFlorida, in consultation with Enterprise
23 Florida, Inc., shall develop a marketing plan to promote the
24 state as digital-media-friendly, as a digital-media-ready
25 environment, and as a national leader in the development and
26 distribution of broadband digital media content, technology,
27 and education. The marketing plan must identify critical roles
28 for various public and private partners and establish a
29 marketing timeline and goals. The plan must be completed by
30 December 31, 2000.
31
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1 Section 67. The provisions of this act relating to
2 workforce or economic development for digital media are
3 subject to legislative appropriation.
4 Section 68. Section 331.367, Florida Statutes, is
5 amended to read:
6 331.367 Spaceport Management Council.--
7 (1) The Spaceport Management Council is created within
8 the Spaceport Florida Authority to provide intergovernmental
9 coordination and to develop recommendations on projects and
10 activities to that will increase the operability and
11 capabilities of Florida's space launch facilities, increase
12 statewide space-related industry and opportunities, and
13 promote space education, and research, and technology
14 development within the state. The council shall work to create
15 develop integrated facility and programmatic development plans
16 to address commercial, state, and federal requirements and to
17 identify appropriate private, state, and federal resources to
18 implement these plans.
19 (2) The council shall make recommendations regarding:
20 (a) The development of a spaceport master plan.
21 (b) The projects and levels of commercial financing
22 required from the Florida Commercial Space Financing
23 Corporation created by s. 331.407.
24 (c) In consultation with the Florida Space Research
25 Institute, development and expansion of space-related
26 education and research facilities and programs within Florida,
27 including recommendations to be provided to the State
28 University System, the Division of Community Colleges, and the
29 Department of Education.
30 (d) The regulation of spaceports and federal and state
31 policy.
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1 (e) Appropriate levels of governmental and private
2 funding for sustainable Florida's approach to the Federal
3 Government regarding requests for funding of space
4 development.
5 (f) The council shall submit its recommendations to
6 the Governor and Lieutenant Governor, and provide copies to
7 the Secretary of Transportation, the director of the Office of
8 Tourism, Trade, and Economic Development, the associate
9 administrator for Space Transportation in the United States
10 Department of Transportation, the administrator of the
11 National Aeronautics and Space Administration, and the Deputy
12 Assistant Secretary of the Air Force for Space Plans and
13 Policy.
14 (3)(a) The council shall consist of an executive
15 board, which shall consist of representatives of governmental
16 organizations with responsibilities for developing or
17 operating space transportation facilities, and a Space
18 Industry Committee, which shall consist of representatives of
19 Florida's space industry.
20 (b) The following individuals or their designees shall
21 serve on the executive board:
22 1. The executive director of the Spaceport Florida
23 Authority or his or her designee.
24 2. The director of the John F. Kennedy Space Center or
25 his or her designee.
26 3. The Commander of the United States Air Force 45th
27 Space Wing or his or her designee.
28 4. The Commander of the Naval Ordnance Test Unit or
29 his or her designee.
30 2.5. The Secretary of Transportation or his or her
31 designee.
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1 3.6. The president of Enterprise Florida, Inc., or his
2 or her designee, as an ex officio nonvoting member.
3 4.7. The director of the Office of Tourism, Trade, and
4 Economic Development or his or her designee, as an ex officio
5 nonvoting member.
6 (c)1. Participation by the federal agencies having
7 space-related missions in Florida will contribute to council
8 effectiveness, and the following installation heads or their
9 designees may serve as official liaisons to the council: the
10 director of the John F. Kennedy Space Center, the Commander of
11 the 45th Space Wing, and the Commander of the Naval Ordnance
12 Test Unit.
13 2. Federal liaison officials will be invited to attend
14 all council meetings, provide federal agency views on issues
15 before the council, and present issues of concern and make
16 recommendations to the council.
17 3. The council will recognize that the role of federal
18 liaison officials is limited by federal statutes and other
19 constraints, and that determination of such limitation is a
20 federal function.
21 4. The fiduciary responsibility of the official
22 liaisons shall remain at all times with their respective
23 agencies.
24 5. To the extent the advice or recommendations of the
25 official liaisons are not adopted or incorporated into the
26 final recommendations of the council, the official liaisons
27 may append to such final recommendations their advice,
28 recommendations, or opinions.
29 (4) Each member shall be appointed to serve for a
30 3-year term, beginning July 1. Initial appointments shall be
31
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1 made no later than 60 days after the effective date of this
2 act.
3 (5) The executive board shall hold its initial meeting
4 no later than 30 days after the members have been appointed.
5 The Space Industry Committee shall hold its initial meeting no
6 later than 60 days after the members have been appointed.
7 (6) All council members must be residents of the
8 state.
9 (4)(7) The executive board council shall adopt bylaws
10 governing the manner in which the business of the council
11 shall be conducted. The bylaws shall specify the procedure by
12 which the chairperson of the council is elected.
13 (5)(8) The council shall provide infrastructure and
14 program requirements and develop other information to be
15 utilized in a 5-year spaceport master plan. The council shall
16 define goals and objectives concerning the development of
17 spaceport facilities and an intermodal transportation system
18 consistent with the goals of the Florida Transportation Plan
19 developed pursuant to s. 339.155.
20 (6)(9) The council shall provide requirements and
21 other information to be utilized in the development of a
22 5-year Spaceport Economic Development Plan, defining the goals
23 and objectives of the council concerning the development of
24 facilities for space manufacturing, research and technology
25 development, and education educational facilities.
26 (7)(10) The council shall meet at the call of its
27 chairperson, at the request of a majority of its membership,
28 or at such times as may be prescribed in its bylaws. However,
29 the council must meet at least semiannually. A majority of
30 voting members of the council constitutes a quorum for the
31 purpose of transacting the business of the council. A majority
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1 vote of the majority of the voting members present and voting
2 is sufficient for any action of the council, unless the bylaws
3 of the council require a greater vote for a particular action.
4 Section 69. Section 331.368, Florida Statutes, is
5 amended to read:
6 331.368 Florida Space Research Institute.--
7 (1) There is created the Florida Space Research
8 Institute, the purpose of which is to serve as an
9 industry-driven center for research, leveraging the state's
10 resources in a collaborative effort to support Florida's space
11 industry and its expansion, diversification, and transition to
12 commercialization.
13 (2) The institute shall operate as a public/private
14 partnership under the direction of a board composed comprised
15 of:
16 (a) A representative of the Spaceport Florida
17 Authority.
18 (b) A representative of Enterprise Florida, Inc.
19 (c) A representative of the Florida Aviation Aerospace
20 Alliance.
21 (d) A representative of the Florida Space Business
22 Roundtable.
23 (e) Additional private-sector representatives from the
24 space industry selected collaboratively by the core members
25 specified in paragraphs (a)-(d). The additional space industry
26 representatives under this paragraph must comprise the
27 majority of members of the board and must be from geographic
28 regions throughout the state.
29 (f) Two representatives from the educational community
30 who are selected collaboratively by the core members specified
31 in paragraphs (a)-(d) and who are engaged in research or
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1 instruction related to the space industry. One representative
2 must be from a community college and one representative must
3 be from a public or private university.
4
5 Annually, the members of the board shall select one of the
6 members to serve as chair, who shall be responsible for
7 convening and leading meetings of the board. representatives
8 of the Spaceport Florida Authority, Enterprise Florida, Inc.,
9 the Florida Aviation and Aerospace Alliance, and four
10 additional space industry representatives selected by the core
11 membership of the board.
12 (3) The board of the Florida Space Research Institute
13 shall:
14 (a) Set the strategic direction for the space-related
15 institute, including research priorities of the state and its
16 space-related businesses, the scope of research projects for
17 the institute, and the timeframes for completion.
18 (b) Invite the participation of public and private
19 universities, including, but not limited to, the University of
20 Central Florida, the University of Florida, the University of
21 South Florida, Florida State University, Florida Institute of
22 Technology, and the University of Miami.
23 (c) Select a lead university to:
24 1. Serve as coordinator of research and as the
25 administrative entity of the institute;.
26 2. Support the institute's development of a statewide
27 space research agenda and programs; and
28 3. Develop, and update as necessary, a report
29 recommending ways that the state's public and private
30 universities can work in partnership to support the state's
31
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1 space-industry requirements, which report must be completed by
2 December 15, 2000.
3 (d) Establish a partnership with the state Workforce
4 Development Board, or its successor entity, under which the
5 institute coordinates the workforce-training requirements
6 identified by the space industry and supports development of
7 workforce-training initiatives to meet such requirements,
8 using training providers approved by the board or its
9 successor entity.
10 (e) Co-manage, with the National Aeronautics and Space
11 Administration, operation of a Space Experiment Research and
12 Processing Laboratory, if such a facility is constructed on
13 land of the John F. Kennedy Space Center. Subject to the terms
14 of an agreement with the National Aeronautics and Space
15 Administration (NASA), the institute may coordinate access for
16 public and private universities in the state to the laboratory
17 and may coordinate access for NASA to the off-site resources
18 of such universities.
19 (f) Develop initiatives to foster the participation of
20 the state's space industry in the International Space Station
21 and to help the state maintain and enhance its competitive
22 position in the commercial space-transportation industry.
23 (g) Pursue partnerships with the National Aeronautics
24 and Space Administration to coordinate and conduct research in
25 fields, including, but not limited to, environmental
26 monitoring; agriculture; aquatics; resource reutilization
27 technologies for long-duration space missions; and spaceport
28 technologies which support current or next-generation launch
29 vehicles and range systems.
30 (h) Pursue partnerships with the National Aeronautics
31 and Space Administration for the conduct of space-related
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1 research using computer technology to connect experts in a
2 given field of science who are in disparate locations and to
3 perform research experiments in a real-time, virtual
4 environment.
5 (4) By December 15 1 of each year, the institute shall
6 submit a report of its activities and accomplishments for the
7 prior fiscal year to the Governor, the President of the
8 Senate, and the Speaker of the House of Representatives. The
9 report shall also include recommendations regarding actions
10 the state should take to enhance the development of
11 space-related businesses, including:
12 (a) Future research activities.
13 (b) The development of capital and technology
14 assistance to new and expanding industries.
15 (c) The removal of regulatory impediments.
16 (d) The establishment of business development
17 incentives.
18 (e) The initiation of education and training programs
19 to ensure a skilled workforce.
20 Section 70. Space Industry Workforce Initiative.--
21 (1) The Legislature finds that the space industry is
22 critical to the economic future of the state and that the
23 competitiveness of the industry in the state depends upon the
24 development and maintenance of a qualified workforce. The
25 Legislature further finds that the space industry in this
26 state has diverse and complex workforce needs, including, but
27 not limited to, the need for qualified entry-level workers,
28 the need to upgrade the skills of technician-level incumbent
29 workers, and the need to ensure continuing education
30 opportunities for workers with advanced educational degrees.
31 It is the intent of the Legislature to support programs
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1 designed to address the workforce development needs of the
2 space industry in this state.
3 (2) The Workforce Development Board of Enterprise
4 Florida, Inc., or it successor entity, shall coordinate
5 development of a Space Industry Workforce Initiative in
6 partnership with the Florida Space Research Institute, the
7 institute's consortium of public and private universities,
8 community colleges, and other training providers approved by
9 the board. The purpose of the initiative is to use or revise
10 existing programs and to develop innovative new programs to
11 address the workforce needs of the space industry.
12 (3) The initiative shall emphasize:
13 (a) Curricula content and timeframes developed with
14 industry participation and endorsed by the industry;
15 (b) Programs that certify persons completing training
16 as meeting industry-approved standards or competencies;
17 (c) Use of distance-learning and computer-based
18 training modules as appropriate and feasible;
19 (d) Industry solicitation of public and private
20 universities to develop continuing education programs at the
21 master's and doctoral levels;
22 (e) Agreements with the National Aeronautics and Space
23 Administration to replicate on a national level successful
24 training programs developed through the initiative; and
25 (f) Leveraging of state and federal workforce funds.
26 (4) The Workforce Development Board of Enterprise
27 Florida, Inc., or its successor entity, with the assistance of
28 the Florida Space Research Institute, shall convene
29 representatives from the space industry to identify the
30 priority training and education needs of the industry and to
31 appoint a team to design programs to meet such priority needs.
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1 (5) The Workforce Development Board of Enterprise
2 Florida, Inc., or its successor entity, as part of its
3 statutorily prescribed annual report to the Legislature, shall
4 provide recommendations for policies, programs, and funding to
5 enhance the workforce needs of the space industry.
6 Section 71. Section 331.3685, Florida Statutes, is
7 created to read:
8 331.3685 Florida Space-Industry Research-Development
9 Program.--
10 (1) There is created the Florida Space-Industry
11 Research-Development Program within the Florida Space Research
12 Institute to finance space-industry research and other support
13 projects and programs that will improve the statewide
14 development of space-related economic and academic
15 opportunities.
16 (2) State taxes imposed pursuant to chapter 212 which
17 are collected at the Kennedy Space Center Visitor Complex
18 shall be retained by the complex and distributed to the
19 Florida Space Research Institute as provided by s. 212.08(18)
20 and shall be used to fund the Florida Space-Industry
21 Research-Development Program. As part of the annual report
22 under s. 331.368(4), the institute shall submit a complete
23 accounting each year of funds distributed and expended under
24 this program. Any funds distributed in a given fiscal year
25 that are not obligated by the end of that fiscal year shall
26 revert to the General Revenue Fund.
27 (3) Program funds shall be used to support activities
28 authorized under s. 331.368 and this section. The Office of
29 Tourism, Trade, and Economic Development shall review and
30 certify funding proposals for consistency with s. 331.368 and
31 this section.
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1 (4) The Office of Tourism, Trade, and Economic
2 Development shall execute a contract with the Florida Space
3 Research Institute prescribing guidelines and procedures
4 governing the use of, and accountability for, funds
5 distributed under s. 212.08(18).
6 Section 72. Subsection (18) is added to section
7 212.08, Florida Statutes, to read:
8 212.08 Sales, rental, use, consumption, distribution,
9 and storage tax; specified exemptions.--The sale at retail,
10 the rental, the use, the consumption, the distribution, and
11 the storage to be used or consumed in this state of the
12 following are hereby specifically exempt from the tax imposed
13 by this chapter.
14 (18) SALES GENERATED BY KENNEDY SPACE CENTER VISITOR
15 COMPLEX.--The Kennedy Space Center Visitor Complex shall
16 retain proceeds of sales taxes generated by the complex and
17 distribute such proceeds to the Florida Space Research
18 Institute for use as prescribed in s. 331.3685. The complex
19 shall report sales to the Department of Revenue but shall
20 remit the tax revenues directly to the Florida Space Research
21 Institute in a manner prescribed by rules adopted by the
22 department.
23 Section 73. Subsection (1) of section 556.108, Florida
24 Statutes, is amended to read:
25 556.108 Exemptions.--The notification requirements
26 provided in s. 556.105(1) do not apply to:
27 (1) Any excavation or demolition performed by the
28 owner of single-family residential property, or for such owner
29 by a member operator or an agent of a member operator, when
30 such excavation or demolition is made entirely on such land
31 and only up to a depth of 10 inches, provided that due care is
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1 used and that there is no encroachment on any member
2 operator's right-of-way, easement, or permitted use.
3 Section 74. (1) Effective upon this act becoming a
4 law, the Commission on Basic Research for the Future of
5 Florida is hereby established. All members of the commission
6 shall be appointed prior to August 1, 2000, and the commission
7 shall hold its first meeting no later than September 1, 2000.
8 The commission shall be composed of 13 members who represent a
9 broad range of experience in basic scientific research and
10 possess an appreciation of the importance of basic scientific
11 research to the future of Florida. Members shall include
12 performers and users of research from public and private
13 universities, the armed forces, defense and high technology
14 businesses, and other interested nongovernmental
15 organizations. Five members shall be appointed to the
16 commission by the Governor, four members shall be appointed by
17 the President of the Senate, and four members shall be
18 appointed by the Speaker of the House of Representatives. The
19 Governor shall name one of the appointees as chair of the
20 commission. Members of the commission shall serve 4-year
21 terms, except that two of the initial appointees by the
22 Governor, by the President of the Senate, and by the Speaker
23 of the House of Representatives shall be appointed for 2-year
24 terms. Members of the commission are eligible for
25 reappointment.
26 (2) The purpose of the commission is to serve as an
27 economic development tool to increase the scientific research
28 dollars allocated to the state by the Federal Government. The
29 commission shall:
30 (a) Focus attention on the importance of improving the
31 state's basic science research infrastructure;
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1 (b) Provide advice to scientific research driven
2 stakeholders;
3 (c) Assist in the development of long-range strategies
4 for increasing the state's share of scientific research
5 dollars from all sources; and
6 (d) Raise public awareness of the importance of basic
7 scientific research to the future of the state.
8 (3) The commission shall use the resources of the
9 state in implementing the work of the commission, including,
10 but not limited to, the Institute for Science and Health
11 Policy at the University of Florida and similar public and
12 private research groups. The commission shall coordinate with,
13 and not duplicate the efforts of, other scientific
14 research-related organizations.
15 (4) The commission shall consult with Enterprise
16 Florida, Inc., to ensure that economic development
17 considerations are factored into the work of the commission.
18 (5) The commission shall be located in the Executive
19 Office of the Governor and staff of the office shall serve as
20 staff for the commission.
21 (6) Members of the commission shall serve without
22 compensation but will be entitled to per diem and travel
23 expenses pursuant to section 112.061, Florida Statutes, while
24 in the performance of their duties.
25 (7) The commission may procure information and
26 assistance from any officer or agency of the state or any
27 subdivision thereof. All such officials and agencies shall
28 give the commission all relevant information and assistance on
29 any matter within their knowledge or control.
30 (8) By February 1 of each year, the commission shall
31 submit a report to the Governor, the President of the Senate,
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1 and the Speaker of the House of Representatives. The report
2 shall outline activities of the commission and provide
3 specific recommendations for consideration by the Governor and
4 Legislature which are designed to increase the state's share
5 of scientific research dollars.
6 Section 75. Section 288.039 and paragraph (c) of
7 subsection (3) of section 288.095, Florida Statutes, are
8 repealed.
9 Section 76. This act shall take effect July 1, 2000.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/CS/SB 2548
3
4 Withdraws a provision amending the Capital Investment Tax
Credit Program.
5
Extends implementation deadlines for the Rural Infrastructure
6 Fund.
7 Reduces the number of years for which the Legislature commits
to support the Florida First Capital Finance Corporation.
8
Removes from the bill a provision stating that at-large
9 members of the board of Enterprise Florida, Inc., have no
voting rights.
10
Specifies that defense-grants must be made from funds
11 specifically appropriated by the Legislature.
12 Clarifies the roles of the Office of Tourism, Trade, and
Economic Development and the Department of Banking over who
13 will administer the Certified Capital Company Act.
14 Allows for additional applicants to be certified under the
Certified Capital Company Act.
15
Provides that the $25 million in the bill for the Toolkit for
16 Economic Development program is contingent upon specific
appropriation.
17
Removes a provision that may have had the affect of creating a
18 trust fund for the Digital Media Education Infrastructure
Fund.
19
Expands an exemption for owners of single family residences to
20 include member operators of the Sunshine State One-Call
corporation to excavate on the owners property without calling
21 the One-Call Center for facility location.
22 Revises the application of the sales tax exemption provided
for machinery and equipment used in silicon technology
23 production and research and development by replacing the term
"silicon" with the term "semiconductor," including a sales tax
24 exemption for building materials purchased for use in
manufacturing or expanding "clean rooms."
25
Provides for the development of a comprehensive vocational
26 certificate or 2-year distance learning curriculum; creating
an information technology internship program for faculty and
27 students of information technology programs; creating a
process whereby educational institutions can compete for funds
28 to upgrade or build information technology training
facilities.
29
Clarifies the role of the Spaceport Management Council in the
30 council's working relationship with federal and state
agencies;
31
Revises the membership of the Florida Space Research Institute
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1 to add a representative from the Florida Space Business
Roundtable, and to add two representatives from the academic
2 community; directing the Workforce Development Board to
partner with the institute for the establishment of a Space
3 Industry Workforce Initiative to develop innovative programs
to address the diverse workforce needs of the space industry;
4 redirecting sales taxes from the Kennedy Space Center to the
institute for the Florida Space Industry Research Development
5 Program to finance space industry research, and other support
projects and programs; and
6
Expands responsibilities of the institute to include:
7 partnering with the state workforce board; co-managing the
Space Experiment Research and Processing Laboratory; fostering
8 the participation of the space industry in the International
SpaceStation; and partnering with the National Aeronautics and
9 Space Administration (NASA) on cutting-edge research, emerging
research fields, collaborative-distributive learning
10 environments, and virtual experiments.
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