Senate Bill 2548e2
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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 amending s. 159.705, F.S.; specifying that
22 projects located in research and development
23 parks may be operated by specified
24 organizations; amending s. 159.8083, F.S.;
25 providing for Enterprise Florida, Inc., to
26 recommend Florida First Business projects to
27 the Office of Tourism, Trade, and Economic
28 Development; providing for consultation;
29 amending s. 163.3164, F.S.; exempting certain
30 activities from the term "development" for the
31 purposes of the Local Government Comprehensive
1
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1 Planning and Land Development Regulation Act;
2 amending s. 212.08, F.S.; revising an exemption
3 from taxation for machinery and equipment used
4 in silicon-technology production and research
5 and development; making the exemption
6 applicable to semiconductor-technology
7 production and research and development;
8 providing an exemption from taxation for
9 building materials purchased for use in
10 manufacturing or expanding clean rooms for
11 semiconductor-manufacturing facilities;
12 revising definitions; revising criteria and
13 procedures; specifying that a sales tax
14 exemption for certain repair and labor charges
15 applies to industrial machinery and equipment
16 used in the production and shipping of tangible
17 personal property; applying the exemption to
18 SIC Industry Major Group Number 35; specifying
19 that the sales tax exemption for industries in
20 such group number is remedial in nature and
21 applies retroactively; providing an exemption
22 from the tax on sales, use, and other
23 transactions for building materials used in the
24 construction of certain single-family homes
25 located in an enterprise zone, empowerment
26 zone, or Front Porch Florida Community;
27 providing an exemption from the tax on sales,
28 use, and other transactions for building
29 materials used in the construction of specified
30 redevelopment projects; providing requirements
31 for refund applications; providing for rules;
2
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1 directing the agencies involved with specified
2 housing programs to give priority consideration
3 to specified projects in urban-core
4 neighborhoods; directing the Department of
5 Community Affairs to propose modifications to
6 the Brownfields Redevelopment Act for
7 consideration by the Legislature; amending ss.
8 212.097, 212.098, F.S.; expanding the
9 definition of the term "eligible business"
10 under the Urban High-Crime Area Job Tax Credit
11 Program and Rural Job Tax Credit Program to
12 include certain businesses involved in motion
13 picture production and allied services;
14 amending s. 218.075, F.S.; expanding conditions
15 under which the Department of Environmental
16 Protection and water management districts shall
17 reduce or waive certain fees for counties or
18 municipalities; conforming to the definition of
19 the term "rural community" used elsewhere in
20 the Florida Statutes; amending s. 288.012,
21 F.S.; revising the authority of the Office of
22 Tourism, Trade, and Economic Development to
23 establish foreign offices; providing for the
24 office to approve the establishment and
25 operation of such offices by Enterprise
26 Florida, Inc.; providing for foreign offices to
27 submit updated operating plans and activity
28 reports; amending s. 288.018, F.S.; providing
29 for Enterprise Florida, Inc., to administer the
30 Regional Rural Development Grants Program and
31 make recommendations for approval by the Office
3
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1 of Tourism, Trade, and Economic Development;
2 creating s. 288.064, F.S.; expressing the
3 intent of the Legislature to provide for
4 efficient and effective delivery of assistance
5 to rural communities; amending s. 288.0655,
6 F.S.; revising deadlines relating to
7 implementation of the Rural Infrastructure
8 Fund; amending s. 288.0656, F.S.; revising
9 criteria for the Rural Economic Development
10 Initiative; requiring certain communities to
11 apply for rural designation; amending s.
12 288.1088, F.S.; revising criteria and
13 procedures related to the award of funds to
14 certain target industries from the Quick Action
15 Closing Fund; amending s. 288.1162, F.S.;
16 providing for a specified direct-support
17 organization to administer the professional
18 sports franchises and spring training
19 franchises facilities programs; providing for
20 final approval of decisions under such programs
21 by the Office of Tourism, Trade, and Economic
22 Development; amending s. 288.1168, F.S.;
23 deleting obsolete provisions relating to
24 certification of the professional golf hall of
25 fame; providing for a specified direct-support
26 organization to administer that program;
27 amending s. 288.1169, F.S.; providing for a
28 specified direct-support organization to
29 administer the certification program for the
30 International Game Fish Association World
31 Center facility; providing for annual
4
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1 verification of attendance and sales tax
2 revenue projections; transferring, renumbering,
3 and amending s. 288.1185, F.S.; assigning
4 administrative responsibility for the Recycling
5 Markets Advisory Committee to the Department of
6 Environmental Protection; amending s. 288.1229,
7 F.S.; requiring an annual report on the status
8 of specified sports projects; amending s.
9 288.1251, F.S.; renaming the Office of the Film
10 Commissioner the Governor's Office of Film and
11 Entertainment; renaming the Film Commissioner
12 as the Commissioner of Film and Entertainment;
13 authorizing receipt and expenditure of certain
14 grants and donations; amending s. 288.1252,
15 F.S.; renaming the Florida Film Advisory
16 Council the Florida Film and Entertainment
17 Advisory Council; amending s. 288.1253, F.S.,
18 relating to travel and entertainment expenses;
19 conforming terminology; amending s. 288.7011,
20 F.S.; revising conditions under which certain
21 assistance and support for a statewide
22 certified development corporation shall cease;
23 amending s. 288.901, F.S.; correcting a
24 cross-reference; providing that the Governor's
25 designee may serve as chairperson of the board
26 of directors of Enterprise Florida, Inc.;
27 amending s. 288.9015, F.S.; requiring
28 Enterprise Florida, Inc., to use specified
29 programs to facilitate economic development;
30 amending s. 288.980, F.S.; providing for
31 Enterprise Florida, Inc., to administer defense
5
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1 grant programs and make recommendations to the
2 Office of Tourism, Trade, and Economic
3 Development on approval of grant awards;
4 providing that certain defense-related grants
5 may be awarded only from specifically
6 appropriated funds; amending s. 288.99, F.S.;
7 assigning certain responsibility for ongoing
8 administration of the Certified Capital Company
9 Act to the Department of Banking and Finance;
10 authorizing additional applications for
11 certification as a certified capital company;
12 amending s. 290.004, F.S.; repealing certain
13 definitions under the enterprise zone program;
14 defining the term "rural enterprise zone";
15 amending s. 290.0056, F.S.; providing for a
16 reporting requirement for enterprise zone
17 development agencies to Enterprise Florida,
18 Inc.; amending s. 290.0058, F.S.; conforming to
19 administration of the enterprise zone program
20 by Enterprise Florida, Inc.; amending s.
21 290.0065, F.S.; providing for Enterprise
22 Florida, Inc., to administer the enterprise
23 zone program and make recommendations to the
24 Office of Tourism, Trade, and Economic
25 Development; conforming references; amending s.
26 290.0066, F.S.; providing for Enterprise
27 Florida, Inc., to make recommendations to the
28 Office of Tourism, Trade, and Economic
29 Development regarding revocations of enterprise
30 zone designations; amending s. 290.00675, F.S.;
31 providing for Enterprise Florida, Inc., to make
6
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1 recommendations to the Office of Tourism,
2 Trade, and Economic Development regarding
3 amendment of enterprise zone boundaries;
4 creating s. 290.00676, F.S.; authorizing the
5 Office of Tourism, Trade, and Economic
6 Development to amend the boundaries of a rural
7 enterprise zone and providing requirements with
8 respect thereto; creating s. 290.00677, F.S.;
9 modifying the employee residency requirements
10 for the enterprise zone job credit against the
11 sales tax and corporate income tax if the
12 business is located in a rural enterprise zone;
13 modifying the employee residency requirements
14 for maximum exemptions or credits with respect
15 to the sales tax credits for enterprise zone
16 job creation, for building materials used in
17 the rehabilitation of real property in an
18 enterprise zone, for business property used in
19 an enterprise zone, and for electrical energy
20 used in an enterprise zone, and the corporate
21 income tax enterprise zone job creation and
22 property tax credits if the business is located
23 in a rural enterprise zone; providing
24 application time limitations; providing an
25 extended application period for certain
26 businesses to claim tax incentives; amending s.
27 290.00689, F.S.; conforming a cross-reference;
28 revising the eligibility criteria for certain
29 tax credits to include a review and
30 recommendation by Enterprise Florida, Inc.;
31 creating s. 290.00694, F.S.; authorizing the
7
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1 Office of Tourism, Trade, and Economic
2 Development to designate rural champion
3 communities as enterprise zones; providing
4 requirements with respect thereto; creating s.
5 290.00695, F.S.; authorizing the office to
6 designate an enterprise zone within a described
7 area of Hernando County or Hernando County and
8 the City of Brooksville jointly; amending s.
9 290.009, F.S.; specifying that Enterprise
10 Florida, Inc., shall serve as staff to the
11 Enterprise Zone Interagency Coordinating
12 Council; amending s. 290.014, F.S.; conforming
13 cross-references; amending s. 290.046, F.S.;
14 eliminating a limitation on the number of
15 economic development grants that an eligible
16 local government may receive under the Florida
17 Small Cities Community Development Block Grant
18 Program; specifying that cumulative grant
19 awards may not exceed certain ceilings;
20 amending s. 290.048, F.S.; authorizing the
21 Department of Community Affairs to establish
22 advisory committees relating to the Florida
23 Small Cities Community Development Block Grant
24 Program; repealing s. 290.049, F.S., relating
25 to the Community Development Block Grant
26 Advisory Council; amending s. 373.4149, F.S.;
27 removing the director of the Office of Tourism,
28 Trade, and Economic Development from the
29 membership of the Miami-Dade County Lake Belt
30 Plan Implementation Committee; authorizing the
31 Institute of Food and Agricultural Sciences to
8
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1 contract and receive money to support the
2 Florida State Rural Development Council;
3 requiring the Workforce Development Board of
4 Enterprise Florida, Inc., to develop a policy
5 authorizing placement of certain
6 workforce-training clients in self-employment
7 as a means of job placement; directing the
8 Office of Tourism, Trade, and Economic
9 Development and Enterprise Florida, Inc., to
10 establish a unit responsible for forecasting
11 and responding to certain economic development
12 events; creating an Economic Development
13 Leadership Council to provide leadership
14 related to such events; requiring a report and
15 recommendations; providing legislative intent;
16 providing for creation and purpose of the
17 Toolkit for Economic Development; defining the
18 term "economically distressed"; requiring the
19 appointment of liaisons from agencies and
20 organizations; providing for requirements and
21 duties; creating coordinating partners to serve
22 as the program's executive committee; providing
23 for duties and powers; providing for waivers of
24 state-required matching-funds requirements;
25 requiring an inventory of programs that help
26 economically distressed communities; requiring
27 that the inventory be categorized; creating the
28 Start-Up Initiative to promote the use of the
29 inventory; providing for identification of
30 communities; providing for solicitation of
31 proposals; providing for proposal content;
9
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1 providing for review process and evaluation
2 criteria; providing for funding; providing for
3 the designation of communities of critical
4 economic opportunity; providing an
5 appropriation to the coordinating partners;
6 providing for use of funds and certification;
7 providing for reporting; providing for
8 expiration; creating s. 288.1260, F.S.;
9 creating the Front Porch Florida initiative;
10 providing legislative intent; providing for
11 purposes and principles of the program;
12 creating liaisons to Front Porch Florida
13 communities; providing for liaison requirements
14 and duties; providing for use of the inventory
15 of federal and state resources; providing for
16 application requirements; providing for the
17 formation of a Governor's Revitalization
18 Council; providing for duties; providing for
19 monitoring and reporting; creating s. 239.521,
20 F.S.; providing intent; providing for
21 development of a 2-year vocational and
22 technical distance-learning curriculum for
23 information-technology workers; providing for
24 internship opportunities for high school and
25 postsecondary information-technology vocational
26 faculty and students in information-technology
27 businesses; providing a means for increasing
28 the capability and accessibility of
29 information-technology-training providers
30 through state-of-the-art facilities; amending
31 s. 240.311, F.S.; requiring the State Board of
10
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1 Community Colleges to identify training
2 programs for broadband digital media
3 specialists; requiring that such programs be
4 added to lists for demand occupations under
5 certain circumstances; amending s. 240.3341,
6 F.S.; encouraging community colleges to
7 establish incubator facilities for digital
8 media content and technology development;
9 creating s. 240.710, F.S.; requiring the Board
10 of Regents to create a Digital Media Education
11 Coordination Group; providing membership;
12 providing purposes; requiring development of a
13 plan; requiring submission of plans to the
14 Legislature; requiring the Workforce
15 Development Board to reserve funds for digital
16 media industry training; providing direction on
17 training; requiring the Workforce Development
18 Board to develop a plan for the use of certain
19 funds to enhance workforce of digital media
20 related industries; providing direction on plan
21 development; providing a contingent
22 appropriation to the Digital Media Education
23 Infrastructure Fund; providing requirements for
24 contracting and use of funds; requiring
25 Enterprise Florida, Inc., to convene a
26 broadband digital media industries group;
27 requiring identification, designation, and
28 priority of digital media sector in sector
29 strategy; requiring Enterprise Florida, Inc.,
30 to contract for establishment of digital media
31 incubator; providing contract requirements;
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1 providing an appropriation; requiring industry
2 participation in funding; providing direction
3 for incubator location; requiring ITFlorida, in
4 cooperation with Enterprise Florida, Inc., to
5 prepare a marketing plan promoting the state to
6 digital media industries; providing that
7 certain provisions relating to digital media
8 are subject to legislative appropriation;
9 amending s. 311.07, F.S.; authorizing the
10 Seaport Transportation and Economic Development
11 Council to use certain funds to develop trade
12 market and shipping information products;
13 expanding grant funding eligibility to include
14 certain projects identified in seaport freight
15 mobility plans, and construction or
16 rehabilitation of certain port facilities;
17 requiring rules and a final audit; amending s.
18 331.368, F.S.; expanding the purpose of the
19 Florida Space Research Institute; revising the
20 membership of the institute; prescribing
21 additional duties of the institute; creating
22 the Space Industry Workforce Initiative;
23 requiring the Workforce Development Board of
24 Enterprise Florida, Inc., to develop
25 initiatives to address the workforce needs of
26 the industry; prescribing criteria; requiring
27 the board to convene industry representatives;
28 requiring a report; creating s. 331.3685, F.S.;
29 creating the Florida Space-Industry
30 Research-Development Program to finance
31 space-related research projects and programs;
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1 providing for certain sales-tax collections to
2 be retained by the Kennedy Space Center Visitor
3 Complex and distributed to the Florida Space
4 Research Institute; prescribing uses of such
5 funds; requiring an annual accounting of such
6 funds; providing for review of funding
7 proposals by the Office of Tourism, Trade, and
8 Economic Development; requiring a contract with
9 the office governing distribution of funds
10 under the program; amending s. 212.08, F.S.;
11 providing for sales-tax collections from the
12 Kennedy Space Center Visitor Complex to be
13 retained by the complex and distributed to the
14 Florida Space Research Institute; providing for
15 reporting of sales to the Department of Revenue
16 as prescribed by rules; amending s. 556.108,
17 F.S.; providing for performing the demolition
18 or excavation of single-family residential
19 property; creating the Commission on Basic
20 Research for the Future of Florida; prescribing
21 membership of the commission; providing a
22 purpose for the commission; requiring the use
23 of state resources; providing for staffing,
24 administration, and information sharing;
25 requiring a report; providing for the
26 establishment of the Florida-Africa Market
27 Expansion Program by Enterprise Florida, Inc.,
28 contingent upon a specific appropriation;
29 providing the purpose of the program;
30 describing program components; providing
31 responsibilities for Enterprise Florida, Inc.;
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1 providing for the establishment of the
2 Florida-Caribbean Basin Trade Initiative by the
3 Seaport Employment Training Grant Program
4 contingent upon a specific appropriation;
5 providing purpose of the initiative; providing
6 responsibilities of the Seaport Employment
7 Training Grant Program; providing for a
8 performance-based contract with the Office of
9 Tourism, Trade, and Economic Development;
10 requiring that applicants for assistance in
11 state housing, economic development, and
12 community revitalization programs who support
13 the objectives of redeveloping HOPE VI grant
14 neighborhoods be given priority; providing
15 application requirements; requiring the
16 Department of Community Affairs to submit to
17 the Legislature an annual summary of certain
18 HOPE VI assistance provided; creating the
19 Community and Faith-based Organizations
20 initiative within the Institute on Urban Policy
21 and Commerce at Florida Agricultural and
22 Mechanical University; providing for the
23 initiative to promote community development
24 through partnerships with community and
25 faith-based organizations; specifying the
26 activities to be conducted by the initiative;
27 providing for financial assistance to community
28 and faith-based organizations; requiring the
29 development of grant-selection criteria;
30 requiring leveraging of funds; creating the
31 Community and Library Technology Access
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1 Partnership; specifying the activities to be
2 conducted by the partnership; requiring the
3 Institute on Urban Policy and Commerce at
4 Florida Agricultural and Mechanical University
5 to administer the initiative and the Division
6 of Library and Information Services of the
7 Department of State to administer the Community
8 and Library Technology Access Partnership;
9 authorizing certain activities and uses of
10 funds; prescribing eligibility of organizations
11 for funding or assistance; requiring review and
12 evaluation; providing appropriations; creating
13 a community computer-access grant program, to
14 be known as the Community High-Technology
15 Investment Partnership, or "CHIP," program;
16 providing for program administration pursuant
17 to a performance-based contract; providing for
18 performance measures; providing for grants to
19 be awarded to eligible neighborhood facilities;
20 providing requirements for grant applications;
21 prescribing the maximum amount of a grant;
22 requiring a grant agreement between the
23 institute and the recipient facility; providing
24 for establishing minimum specifications of
25 computers purchased under the program;
26 providing for an evaluation and a report;
27 authorizing the institute to subcontract for
28 specified assistance services; creating an
29 inner city redevelopment assistance grants
30 program; providing duties of the Office of
31 Tourism, Trade, and Economic Development;
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1 prescribing eligibility requirements for
2 grants; providing expected outcomes from
3 grants; creating the Inner City Redevelopment
4 Review Panel and providing its membership and
5 duties; repealing s. 288.039, F.S., relating to
6 the Employing and Training our Youths (ENTRY)
7 program; repealing s. 288.095(3)(c), F.S.,
8 relating to a required report on activities
9 under the Economic Development Incentives
10 Account of the Economic Development Trust Fund;
11 expressing the intent of the Legislature;
12 providing that changes made by this act to the
13 Department of Labor and Employment Security are
14 enacted as part of the state's ongoing economic
15 development efforts and are designed to improve
16 the business climate for employers in this
17 state who create jobs; repealing s. 20.171,
18 F.S., relating to the authority and
19 organizational structure of the Department of
20 Labor and Employment Security; providing for
21 transfer of the Division of Workers'
22 Compensation and the Office of the Judges of
23 Compensation Claims to the Department of
24 Insurance; providing an exception; providing
25 for transfer of certain workers' compensation
26 medical services positions to the Agency for
27 Health Care Administration; providing for
28 transfer of certain functions of the Division
29 of Workforce and Employment Opportunities of
30 the Department of Labor and Employment Security
31 relating to labor organizations, child labor
16
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1 laws, and migrant and farm labor registration
2 to the Department of Insurance; providing for
3 transfer of other workplace regulation
4 functions to the Department of Insurance;
5 providing for transfer of certain
6 administrative resources of the Department of
7 Labor and Employment Security to the Department
8 of Insurance and the Agency for Health Care
9 Administration; providing exceptions relating
10 to hiring and salary requirements; amending s.
11 20.13, F.S.; providing for a Division of
12 Workers' Compensation in the Department of
13 Insurance; creating a Bureau of Workplace
14 Regulation and a Bureau of Workplace Safety
15 within the Division of Workers' Compensation of
16 the Department of Insurance; providing for a
17 type two transfer of the Division of
18 Unemployment Compensation to the Agency for
19 Workforce Innovation; providing an exception;
20 providing for transfer of unemployment appeals
21 referees to the Unemployment Appeals
22 Commission; requiring a contract for the
23 Department of Revenue to provide unemployment
24 tax administration and collection services;
25 providing for transfer of the Office of
26 Information Systems from the Department of
27 Labor and Employment Security to the Department
28 of Management Services; providing an exception
29 for certain portions of the office to be
30 transferred to the Agency for Workforce
31 Innovation; providing for a type two transfer
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1 of the Minority Business Advocacy and
2 Assistance Office from the Department of Labor
3 and Employment Security to the Department of
4 Management Services; creating the Florida Task
5 Force on Workplace Safety; prescribing
6 membership of the task force; providing a
7 purpose for the task force; providing for
8 staffing, administration, and information
9 sharing; requiring a report; authorizing the
10 Division of Workers' Compensation to establish
11 time-limited positions related to workplace
12 safety; authorizing the division to establish
13 permanent positions upon completion of the task
14 force report; providing for transfer of certain
15 records and property; providing for termination
16 of the task force; amending s. 39 of ch.
17 99-240, Laws of Florida; providing for the
18 transfer of the Division of Blind Services to
19 the Department of Management Services rather
20 than the Department of Education; revising the
21 effective date of such transfer; providing
22 legislative intent on the transfer of functions
23 of the Department of Labor and Employment
24 Security; providing for reemployment assistance
25 to dislocated department employees; providing
26 for hiring preferences for such employees;
27 providing for the transfer of certain records
28 and funds; creating the Labor and Employment
29 Security Transition Team; prescribing
30 membership of the transition team; providing
31 for staffing; requiring reports; providing for
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1 the termination of the transition team;
2 authorizing the transition team to use
3 unexpended funds to settle certain claims;
4 requiring the transition team to approve
5 certain personnel hirings and transfers;
6 requiring the submission of a budget amendment
7 to allocate resources of the Department of
8 Labor and Employment Security; exempting
9 specified state agencies, on a temporary basis,
10 from provisions relating to procurement of
11 property and services and leasing of space;
12 authorizing specified state agencies to develop
13 temporary emergency rules relating to the
14 implementation of this act; requiring the
15 Department of Revenue to notify businesses
16 relating to the transfer of unemployment
17 compensation tax responsibilities; amending s.
18 287.012, F.S.; revising a definition to conform
19 to the transfer of the Minority Business
20 Advocacy and Assistance Office to the
21 Department of Management Services; amending s.
22 287.0947, F.S.; providing for the Florida
23 Advisory Council on Small and Minority Business
24 Development to be created within the Department
25 of Management Services; amending s. 287.09451,
26 F.S.; reassigning the Minority Business
27 Advocacy and Assistance Office to the
28 Department of Management Services; conforming
29 provisions; amending s. 20.15, F.S.;
30 establishing the Division of Occupational
31 Access and Opportunity within the Department of
19
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1 Education; providing that the Occupational
2 Access and Opportunity Commission is the
3 director of the division; requiring the
4 department to assign certain powers, duties,
5 responsibilities, and functions to the
6 division; excepting from appointment by the
7 Commissioner of Education members of the
8 commission, the Florida Rehabilitation Council,
9 and the Florida Independent Living Council;
10 amending s. 120.80, F.S.; providing that
11 hearings on certain vocational rehabilitation
12 determinations by the Occupational Access and
13 Opportunity Commission need not be conducted by
14 an administrative law judge; amending s.
15 413.011, F.S.; revising the internal
16 organizational structure of the Division of
17 Blind Services; requiring the division to
18 implement the provisions of a 5-year plan;
19 requiring the division to contract with
20 community-based rehabilitation providers for
21 the delivery of certain services; revising
22 references to blind persons; requiring the
23 Division of Blind Services to issue
24 recommendations to the Legislature on a method
25 of privatizing the Business Enterprise Program;
26 providing definitions for the terms
27 "community-based rehabilitation provider,"
28 "council," "plan," and "state plan"; renaming
29 the Advisory Council for the Blind; revising
30 the membership and functions of the council to
31 be consistent with federal law; requiring the
20
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1 council to prepare a 5-year strategic plan;
2 requiring the council to coordinate with
3 specified entities; deleting provisions
4 providing for the Governor to resolve funding
5 disagreements between the division and the
6 council; directing that meetings be held in
7 locations accessible to individuals with
8 disabilities; amending s. 413.014, F.S.;
9 requiring the Division of Blind Services to
10 report on use of community-based providers to
11 deliver services; amending s. 413.034, F.S.;
12 revising the membership of the Commission for
13 Purchase from the Blind or Other Severely
14 Handicapped to conform to transfer of the
15 Division of Blind Services and renaming of the
16 Division of Vocational Rehabilitation; amending
17 ss. 413.051, 413.064, 413.066, 413.067,
18 413.345, F.S.; conforming departmental
19 references to reflect the transfer of the
20 Division of Blind Services to the Department of
21 Management Services; expressing the intent of
22 the Legislature that the provisions of this act
23 relating to blind services not conflict with
24 federal law; providing procedures in the event
25 such conflict is asserted; amending s. 413.82,
26 F.S.; providing definitions for the terms
27 "community rehabilitation provider," "plan,"
28 and "state plan"; conforming references;
29 amending s. 413.83, F.S.; specifying that
30 appointment of members to the commission is
31 subject to Senate confirmation; revising
21
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1 composition of and appointments to the
2 commission; eliminating a requirement that the
3 Rehabilitation Council serve the commission;
4 authorizing the commission to establish an
5 advisory council composed of representatives
6 from not-for-profit organizations under certain
7 conditions; clarifying the entitlement of
8 commission members to reimbursement for certain
9 expenses; amending s. 413.84, F.S.; designating
10 the commission as the director of the Division
11 of Occupational Access and Opportunity;
12 specifying responsibilities of the commission;
13 authorizing the commission to make
14 administrative rules; authorizing the
15 commission to hire a division director;
16 revising time for implementation of the 5-year
17 plan prepared by the commission; expanding the
18 authority of the commission to contract with
19 the corporation; removing a requirement for
20 federal approval to contract with a
21 direct-support organization; authorizing the
22 commission to appear on its own behalf before
23 the Legislature; amending s. 413.85, F.S.;
24 eliminating limitations on the tax status of
25 the Occupational Access and Opportunity
26 Corporation; specifying that the corporation is
27 not an agency for purposes of certain
28 government procurement laws; applying
29 provisions relating to waiver of sovereign
30 immunity to the corporation; providing that the
31 board of directors of the corporation be
22
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1 composed of no fewer than seven and no more
2 than 15 members and that a majority of its
3 members be members of the commission;
4 authorizing the corporation to hire certain
5 individuals employed by the Division of
6 Vocational Rehabilitation; providing for a
7 lease agreement governing such employees;
8 prescribing terms of such lease agreement;
9 amending s. 413.86, F.S.; conforming an
10 organizational reference; creating s. 413.865,
11 F.S.; requiring coordination between vocational
12 rehabilitation and other workforce activities;
13 requiring development of performance
14 measurement methodologies; amending s. 413.87,
15 F.S.; conforming provision to changes made in
16 the act; amending s. 413.88, F.S.; conforming
17 provision to changes made in the act; amending
18 s. 413.89, F.S.; designating the department the
19 state agency effective July 1, 2000, and the
20 commission the state agency effective October
21 1, 2000, for purposes of federal law; deleting
22 an obsolete reference; authorizing the
23 department and the commission to provide for
24 continued administration during the time
25 between July 1, 2000, and October 1, 2000;
26 amending s. 413.90, F.S.; deleting provision
27 relating to designation of an administrative
28 entity; designating a state agency and state
29 unit for specified purposes; transferring
30 certain components of the Division of
31 Vocational Rehabilitation to the Department of
23
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1 Education; requiring a reduction in positions;
2 providing for a budget amendment; providing for
3 a transfer of certain administrative resources
4 of the Department of Labor and Employment
5 Security to the Department of Education;
6 amending s. 413.91, F.S.; deleting reference to
7 designated administrative entity; requiring the
8 commission to assure that all contractors
9 maintain quality control and are fit to
10 undertake responsibilities; amending s. 413.92,
11 F.S.; specifying entities answerable to the
12 Federal Government in the event of a conflict
13 with federal law; repealing s. 413.93, F.S.,
14 relating to the designated state agency under
15 federal law; amending s. 440.02, F.S.;
16 providing a definition for the term "agency";
17 conforming definitions of "department" and
18 "division" to the transfer of the Division of
19 Workers' Compensation to the Department of
20 Insurance; amending s. 440.13, F.S., relating
21 to medical services and supplies under the
22 workers' compensation law; reassigning certain
23 functions from the Division of Workers'
24 Compensation to the Agency for Health Care
25 Administration; amending s. 440.15, F.S.;
26 providing for the agency to participate in the
27 establishment and use of a uniform permanent
28 impairment rating schedule; amending s.
29 440.491, F.S.; providing for agency oversight
30 of workers' compensation rehabilitation
31 providers; amending s. 440.207, F.S.;
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1 conforming a departmental reference; amending
2 s. 440.385, F.S.; deleting obsolete provisions;
3 conforming departmental references relating to
4 the Florida Self-Insurance Guaranty
5 Association, Inc.; amending s. 440.44, F.S.;
6 conforming provisions; amending s. 440.4416,
7 F.S.; reassigning the Workers' Compensation
8 Oversight Board to the Department of Insurance;
9 amending s. 440.45, F.S.; reassigning the
10 Office of the Judges of Compensation Claims to
11 the Department of Insurance; amending s.
12 440.49, F.S.; reassigning responsibility for a
13 report on the Special Disability Trust Fund to
14 the Department of Insurance; amending ss.
15 215.311, 413.091, 440.102, 440.125, 440.25,
16 440.525, and 440.59, F.S.; conforming agency
17 references to reflect the transfer of programs
18 from the Department of Labor and Employment
19 Security to the Department of Management
20 Services and the Department of Insurance;
21 amending s. 443.012, F.S.; providing for the
22 Unemployment Appeals Commission to be created
23 within the Department of Management Services
24 rather than the Department of Labor and
25 Employment Security; conforming provisions;
26 providing for the transfer of the Unemployment
27 Appeals Commission to the Department of
28 Management Services by a type two transfer;
29 amending s. 443.036, F.S.; conforming the
30 definition of "commission" to the transfer of
31 the Unemployment Appeals Commission to the
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1 Department of Management Services; conforming
2 the definition of "division" to the transfer of
3 the Division of Unemployment Compensation to
4 the Agency for Workforce Innovation; amending
5 s. 443.151, F.S.; providing for unemployment
6 compensation appeals referees to be appointed
7 by the Unemployment Appeals Commission;
8 requiring the Department of Management Services
9 to provide facilities to the appeals referees
10 and the commission; requiring the Division of
11 Unemployment Compensation to post certain
12 notices in one-stop career centers; amending s.
13 443.171, F.S.; conforming duties of the
14 Division of Unemployment Compensation and
15 appointment of the Unemployment Compensation
16 Advisory Council to reflect program transfer to
17 the Agency for Workforce Innovation; conforming
18 cross-references; amending s. 443.211, F.S.;
19 conforming provisions; authorizing the
20 Unemployment Appeals Commission to approve
21 payments from the Employment Security
22 Administration Trust Fund; providing for use of
23 funds in the Special Employment Security
24 Administration Trust Fund by the Unemployment
25 Appeals Commission and the Agency for Workforce
26 Innovation; amending ss. 447.02, 447.04,
27 447.041, 447.045, 447.06, 447.12, 447.16, F.S.;
28 providing for part I of ch. 447, F.S., relating
29 to the regulation of labor organizations, to be
30 administered by the Department of Insurance;
31 deleting references to the Division of Jobs and
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1 Benefits and the Department of Labor and
2 Employment Security; amending s. 447.203, F.S.;
3 clarifying the definition of professional
4 employee; amending s. 447.205, F.S.; conforming
5 provisions to reflect the transfer of the
6 Public Employees Relations Commission to the
7 Department of Management Services and deleting
8 obsolete provisions; amending s. 447.208, F.S.;
9 clarifying the procedure for appeals, charges,
10 and petitions; amending s. 447.305, F.S.,
11 relating to the registration of employee
12 organizations; providing for the Public
13 Employees Relations Commission to share
14 registration information with the Department of
15 Insurance; amending s. 447.307, F.S.;
16 authorizing the commission to modify existing
17 bargaining units; amending s. 447.503, F.S.;
18 specifying procedures when a party fails to
19 appear for a hearing; amending s. 447.504,
20 F.S.; authorizing the commission to stay
21 certain procedures; providing for the transfer
22 of the commission to the Department of
23 Management Services by a type two transfer;
24 amending ss. 450.012, 450.061, 450.081,
25 450.095, 450.121, 450.132, 450.141, F.S.;
26 providing for part I of ch. 450, F.S., relating
27 to child labor, to be administered by the
28 Department of Insurance; deleting references to
29 the Division of Jobs and Benefits and the
30 Department of Labor and Employment Security;
31 amending s. 450.191, F.S., relating to the
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1 duties of the Executive Office of the Governor
2 with respect to migrant labor; conforming
3 provisions to changes made by the act; amending
4 ss. 450.28, 450.30, 450.31, 450.33, 450.35,
5 450.36, 450.37, 450.38, F.S., relating to farm
6 labor registration; providing for part III of
7 ch. 450, F.S., to be administered by the
8 Department of Insurance; deleting references to
9 the Division of Jobs and Benefits and the
10 Department of Labor and Employment Security;
11 requiring the Department of Revenue to report
12 on disbursement and cost-allocation of
13 unemployment compensation funds; requiring the
14 Department of Revenue to conduct a feasibility
15 study on privatization of unemployment
16 compensation activities; authorizing the
17 Department of Labor and Employment Security to
18 offer a voluntary reduction-in-force payment to
19 certain employees; providing terms and
20 conditions relating to such payments; requiring
21 a plan to meet specified criteria; providing
22 for legislative review; providing for the
23 continuation of contracts or agreements of the
24 Department of Labor and Employment Security;
25 providing for a successor department, agency,
26 or entity to be substituted for the Department
27 of Labor and Employment Security as a party in
28 interest in pending proceedings; providing for
29 severability; providing a conditional effective
30 date.
31
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Subsections (2) and (9) of section 14.2015,
4 Florida Statutes, are amended to read:
5 14.2015 Office of Tourism, Trade, and Economic
6 Development; creation; powers and duties.--
7 (2) The purpose of the Office of Tourism, Trade, and
8 Economic Development is to assist the Governor in working with
9 the Legislature, state agencies, business leaders, and
10 economic development professionals to formulate and implement
11 coherent and consistent policies and strategies designed to
12 provide economic opportunities for all Floridians. To
13 accomplish such purposes, the Office of Tourism, Trade, and
14 Economic Development shall:
15 (a) Contract, notwithstanding the provisions of part I
16 of chapter 287, with the direct-support organization created
17 under s. 288.1229 to guide, stimulate, and promote the sports
18 industry in the state, to promote the participation of
19 Florida's citizens in amateur athletic competition, and to
20 promote Florida as a host for national and international
21 amateur athletic competitions.
22 (b) Monitor the activities of public-private
23 partnerships and state agencies in order to avoid duplication
24 and promote coordinated and consistent implementation of
25 programs in areas including, but not limited to, tourism;
26 international trade and investment; business recruitment,
27 creation, retention, and expansion; minority and small
28 business development; and rural community development.
29 (c) Facilitate the direct involvement of the Governor
30 and the Lieutenant Governor in economic development projects
31 designed to create, expand, and retain Florida businesses and
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1 to recruit worldwide business, as well as in other
2 job-creating efforts.
3 (d) Assist the Governor, in cooperation with
4 Enterprise Florida, Inc., and the Florida Commission on
5 Tourism, in preparing an annual report to the Legislature on
6 the state of the business climate in Florida and on the state
7 of economic development in Florida which will include the
8 identification of problems and the recommendation of
9 solutions. This report shall be submitted to the President of
10 the Senate, the Speaker of the House of Representatives, the
11 Senate Minority Leader, and the House Minority Leader by
12 January 1 of each year, and it shall be in addition to the
13 Governor's message to the Legislature under the State
14 Constitution and any other economic reports required by law.
15 (e) Plan and conduct at least one meeting per calendar
16 year of leaders in business, government, and economic
17 development called by the Governor to address the business
18 climate in the state, develop a common vision for the economic
19 future of the state, and identify economic development efforts
20 to fulfill that vision.
21 (f)1. Administer the Florida Enterprise Zone Act under
22 ss. 290.001-290.016, the community contribution tax credit
23 program under ss. 220.183 and 624.5105, the tax refund program
24 for qualified target industry businesses under s. 288.106, the
25 tax-refund program for qualified defense contractors under s.
26 288.1045, contracts for transportation projects under s.
27 288.063, the sports franchise facility program under s.
28 288.1162, the professional golf hall of fame facility program
29 under s. 288.1168, the expedited permitting process under s.
30 403.973, the Rural Community Development Revolving Loan Fund
31 under s. 288.065, the Regional Rural Development Grants
30
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1 Program under s. 288.018, the Certified Capital Company Act
2 under s. 288.99, the Florida State Rural Development Council,
3 the Rural Economic Development Initiative, and other programs
4 that are specifically assigned to the office by law, by the
5 appropriations process, or by the Governor. Notwithstanding
6 any other provisions of law, the office may expend interest
7 earned from the investment of program funds deposited in the
8 Economic Development Trust Fund, the Grants and Donations
9 Trust Fund, the Brownfield Property Ownership Clearance
10 Assistance Revolving Loan Trust Fund, and the Economic
11 Development Transportation Trust Fund to contract for the
12 administration of the programs, or portions of the programs,
13 enumerated in this paragraph or assigned to the office by law,
14 by the appropriations process, or by the Governor. Such
15 expenditures shall be subject to review under chapter 216.
16 2. The office may enter into contracts in connection
17 with the fulfillment of its duties concerning the Florida
18 First Business Bond Pool under chapter 159, tax incentives
19 under chapters 212 and 220, tax incentives under the Certified
20 Capital Company Act in chapter 288, foreign offices under
21 chapter 288, the Enterprise Zone program under chapter 290,
22 the Seaport Employment Training program under chapter 311, the
23 Florida Professional Sports Team License Plates under chapter
24 320, Spaceport Florida under chapter 331, Expedited Permitting
25 under chapter 403, and in carrying out other functions that
26 are specifically assigned to the office by law, by the
27 appropriations process, or by the Governor.
28 (g) Serve as contract administrator for the state with
29 respect to contracts with Enterprise Florida, Inc., the
30 Florida Commission on Tourism, and all direct-support
31 organizations under this act, excluding those relating to
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1 tourism. To accomplish the provisions of this act and
2 applicable provisions of chapter 288, and notwithstanding the
3 provisions of part I of chapter 287, the office shall enter
4 into specific contracts with Enterprise Florida, Inc., the
5 Florida Commission on Tourism, and other appropriate
6 direct-support organizations. Such contracts may be multiyear
7 and shall include specific performance measures for each year.
8 (h) Provide administrative oversight for the
9 Governor's Office of the Film and Entertainment Commissioner,
10 created under s. 288.1251, to develop, promote, and provide
11 services to the state's entertainment industry and to
12 administratively house the Florida Film and Entertainment
13 Advisory Council created under s. 288.1252.
14 (i) Prepare and submit as a separate budget entity a
15 unified budget request for tourism, trade, and economic
16 development in accordance with chapter 216 for, and in
17 conjunction with, Enterprise Florida, Inc., and its boards,
18 the Florida Commission on Tourism and its direct-support
19 organization, the Florida Black Business Investment Board, the
20 Governor's Office of the Film and Entertainment Commissioner,
21 and the direct-support organization created to promote the
22 sports industry.
23 (j) Adopt rules, as necessary, to carry out its
24 functions in connection with the administration of the
25 Qualified Target Industry program, the Qualified Defense
26 Contractor program, the Certified Capital Company Act, the
27 Enterprise Zone program, and the Florida First Business Bond
28 pool.
29 (k) By January 15 of each year, the Office of Tourism,
30 Trade, and Economic Development shall submit to the Governor,
31 the President of the Senate, and the Speaker of the House of
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1 Representatives a complete and detailed report of all
2 applications received and recommendations made or actions
3 taken during the previous fiscal year under all programs
4 funded out of the Economic Development Incentives Account or
5 the Economic Development Transportation Trust Fund. The Office
6 of Tourism, Trade, and Economic Development, with the
7 cooperation of Enterprise Florida, Inc., shall also include in
8 the report a detailed analysis of all final decisions issued;
9 agreements or other contracts executed; and tax refunds paid
10 or other payments made under all programs funded from the
11 above named sources, including analysis of benefits and costs,
12 types of projects supported, and employment and investment
13 created. The report shall also include a separate analysis of
14 the impact of such tax refunds and other payments approved for
15 rural cities or communities as defined in s. 288.106(2)(s) and
16 state enterprise zones designated pursuant to s. 290.0065.
17 (9)(a) The Office of Urban Opportunity is created
18 within the Office of Tourism, Trade, and Economic Development.
19 The director of the Office of Urban Opportunity shall be
20 appointed by and serve at the pleasure of the Governor.
21 (b) The purpose of the Office of Urban Opportunity
22 shall be to administer the Front Porch Florida initiative, a
23 comprehensive, community-based urban core redevelopment
24 program that will empower urban core residents to craft
25 solutions to the unique challenges of each designated
26 community. Front Porch Florida shall serve as a "civic
27 switchboard," connecting each Front Porch Florida community
28 with federal, state, and private-sector resources necessary to
29 implement the program.
30
31
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1 (c) The Office of Urban Opportunity may be assisted in
2 carrying out its duties by the Department of Community
3 Affairs.
4 Section 2. Subsection (10) of section 159.705, Florida
5 Statutes, is amended to read:
6 159.705 Powers of the authority.--The authority is
7 authorized and empowered:
8 (10) Other provisions of law to the contrary
9 notwithstanding, to acquire by lease, without consideration,
10 purchase, or option any lands owned, administered, managed,
11 controlled, supervised, or otherwise protected by the state or
12 any of its agencies, departments, boards, or commissions for
13 the purpose of establishing a research and development park,
14 subject to being first designated a research and development
15 authority under the provisions of ss. 159.701-159.7095. The
16 authority may cooperate with state and local political
17 subdivisions and with private profit and nonprofit entities to
18 implement the public purposes set out in s. 159.701. Such
19 cooperation may include agreements for the use of the
20 resources of state and local political subdivisions, agencies,
21 or entities on a fee-for-service basis or on a cost-recovery
22 basis. A project that is located in a research and development
23 park and is financed pursuant to the provisions of the Florida
24 Industrial Development Financing Act may be operated by a
25 research and development authority, a state university, a
26 Florida community college, or a governmental agency, provided
27 that the purpose and operation of such project is consistent
28 with the purposes and policies enumerated in ss.
29 159.701-159.7095.
30 Section 3. Section 159.8083, Florida Statutes, is
31 amended to read:
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1 159.8083 Florida First Business allocation pool.--The
2 Florida First Business allocation pool is hereby established.
3 The Florida First Business allocation pool shall be available
4 solely to provide written confirmation for private activity
5 bonds to finance Florida First Business projects recommended
6 by Enterprise Florida, Inc., and certified by the Office of
7 Tourism, Trade, and Economic Development as eligible to
8 receive a written confirmation. Allocations from such pool
9 shall be awarded statewide pursuant to procedures specified in
10 s. 159.805, except that the provisions of s. 159.805(2), (3),
11 and (6) do not apply. Florida First Business projects that are
12 eligible for a carryforward shall not lose their allocation on
13 November 16 if they have applied and have been granted a
14 carryforward. In issuing written confirmations of allocations
15 for Florida First Business projects, the division shall use
16 the Florida First Business allocation pool. If allocation is
17 not available from the Florida First Business allocation pool,
18 the division shall issue written confirmations of allocations
19 for Florida First Business projects pursuant to s. 159.806 or
20 s. 159.807, in such order. For the purpose of determining
21 priority within a regional allocation pool or the state
22 allocation pool, notices of intent to issue bonds for Florida
23 First Business projects to be issued from a regional
24 allocation pool or the state allocation pool shall be
25 considered to have been received by the division at the time
26 it is determined by the division that the Florida First
27 Business allocation pool is unavailable to issue confirmation
28 for such Florida First Business project. If the total amount
29 requested in notices of intent to issue private activity bonds
30 for Florida First Business projects exceeds the total amount
31 of the Florida First Business allocation pool, the director
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1 shall forward all timely notices of intent to issue, which are
2 received by the division for such projects, to the Office of
3 Tourism, Trade, and Economic Development which shall render a
4 decision as to which notices of intent to issue are to receive
5 written confirmations. The Office of Tourism, Trade, and
6 Economic Development, in consultation with the division and
7 Enterprise Florida, Inc., shall develop rules to ensure that
8 the allocation provided in such pool is available solely to
9 provide written confirmations for private activity bonds to
10 finance Florida First Business projects and that such projects
11 are feasible and financially solvent.
12 Section 4. Subsection (6) of section 163.3164, Florida
13 Statutes, is amended to read:
14 163.3164 Definitions.--As used in this act:
15 (6) "Development" has the meaning given it in s.
16 380.04 and the exemption given it in s. 380.04(3).
17 Section 5. Paragraph (j) of subsection (5) and
18 paragraph (eee) of subsection (7) of section 212.08, Florida
19 Statutes, are amended and paragraphs (n) and (o) are added to
20 subsection (5) of that section to read:
21 212.08 Sales, rental, use, consumption, distribution,
22 and storage tax; specified exemptions.--The sale at retail,
23 the rental, the use, the consumption, the distribution, and
24 the storage to be used or consumed in this state of the
25 following are hereby specifically exempt from the tax imposed
26 by this chapter.
27 (5) EXEMPTIONS; ACCOUNT OF USE.--
28 (j) Machinery and equipment used in semiconductor
29 silicon technology production and research and development.--
30 1. Industrial machinery and equipment purchased for
31 use in semiconductor silicon technology facilities certified
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1 under subparagraph 6. 5. to manufacture, process, compound, or
2 produce semiconductor silicon technology products for sale or
3 for use by these facilities are exempt from the tax imposed by
4 this chapter.
5 2. Machinery and equipment are exempt from the tax
6 imposed by this chapter if purchased for use predominately in
7 semiconductor silicon wafer research and development
8 activities in a semiconductor silicon technology research and
9 development facility certified under subparagraph 6. 5.
10 3. Building materials purchased for use in
11 manufacturing or expanding clean rooms in
12 semiconductor-manufacturing facilities are exempt from the tax
13 imposed by this chapter.
14 4.3. In addition to meeting the criteria mandated by
15 subparagraph 1., or subparagraph 2., or subparagraph 3., a
16 business must be certified by the Office of Tourism, Trade,
17 and Economic Development as authorized in this paragraph in
18 order to qualify for exemption under this paragraph.
19 5.4. For items purchased tax exempt pursuant to this
20 paragraph, possession of a written certification from the
21 purchaser, certifying the purchaser's entitlement to exemption
22 pursuant to this paragraph, relieves the seller of the
23 responsibility of collecting the tax on the sale of such
24 items, and the department shall look solely to the purchaser
25 for recovery of tax if it determines that the purchaser was
26 not entitled to the exemption.
27 6.5.a. To be eligible to receive the exemption
28 provided by subparagraph 1., or subparagraph 2., or
29 subparagraph 3., a qualifying business entity shall apply to
30 Enterprise Florida, Inc. The application shall be developed by
31
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1 the Office of Tourism, Trade, and Economic Development in
2 consultation with Enterprise Florida, Inc.
3 b. Enterprise Florida, Inc., shall review each
4 submitted application and information and determine whether or
5 not the application is complete within 5 working days. Once an
6 application is complete, Enterprise Florida, Inc., shall,
7 within 10 working days, evaluate the application and recommend
8 approval or disapproval of the application to the Office of
9 Tourism, Trade, and Economic Development.
10 c. Upon receipt of the application and recommendation
11 from Enterprise Florida, Inc., the Office of Tourism, Trade,
12 and Economic Development shall certify within 5 working days
13 those applicants who are found to meet the requirements of
14 this section and notify the applicant, Enterprise Florida,
15 Inc., and the department of the certification. If the Office
16 of Tourism, Trade, and Economic Development finds that the
17 applicant does not meet the requirements of this section, it
18 shall notify the applicant and Enterprise Florida, Inc.,
19 within 10 working days that the application for certification
20 has been denied and the reasons for denial. The Office of
21 Tourism, Trade, and Economic Development has final approval
22 authority for certification under this section.
23 7.6.a. A business certified to receive this exemption
24 may apply once each year for the exemption.
25 b. The first claim submitted by a business may include
26 all eligible expenditures made after the date the business was
27 certified.
28 b.c. To apply for the annual exemption, the business
29 shall submit a claim to the Office of Tourism, Trade, and
30 Economic Development, which claim indicates and documents the
31 sales and use taxes otherwise payable on eligible machinery
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1 and equipment. The application claim must also indicate, for
2 program evaluation purposes only, the average number of
3 full-time equivalent employees at the facility over the
4 preceding calendar year, the average wage and benefits paid to
5 those employees over the preceding calendar year, and the
6 total investment made in real and tangible personal property
7 over the preceding calendar year, and the total value of
8 tax-exempt purchases and taxes exempted during the previous
9 year or, for the first claim submitted, since the date of
10 certification. The department shall assist the Office of
11 Tourism, Trade, and Economic Development in evaluating and
12 verifying information provided in the application for
13 exemption.
14 c.d. The Office of Tourism, Trade, and Economic
15 Development may use the information reported on the
16 application claims for evaluation purposes only and shall
17 prepare an annual report on the exemption program and its cost
18 and impact. The annual report for the preceding fiscal year
19 shall be submitted to the Governor, the President of the
20 Senate, and the Speaker of the House of Representatives by
21 September 30 of each fiscal year. This report may be submitted
22 in conjunction with the annual report required in s.
23 288.095(3)(c).
24 8.7. A business certified to receive this exemption
25 may elect to designate one or more state universities or
26 community colleges as recipients of up to 100 percent of the
27 amount of the exemption for which they may qualify. To receive
28 these funds, the institution must agree to match the funds so
29 earned with equivalent cash, programs, services, or other
30 in-kind support on a one-to-one basis in the pursuit of
31 research and development projects as requested by the
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1 certified business. The rights to any patents, royalties, or
2 real or intellectual property must be vested in the business
3 unless otherwise agreed to by the business and the university
4 or community college.
5 9.8. As used in this paragraph, the term:
6 a. "Predominately" means at least 50 percent of the
7 time in qualifying research and development.
8 b. "Research and development" means basic and applied
9 research in the science or engineering, as well as the design,
10 development, and testing of prototypes or processes of new or
11 improved products. Research and development does not include
12 market research, routine consumer product testing, sales
13 research, research in the social sciences or psychology,
14 nontechnological activities, or technical services.
15 c. "Semiconductor Silicon technology products" means
16 raw semiconductor silicon wafers or semiconductor thin films
17 that are transformed into semiconductor memory or logic
18 wafers, including wafers containing mixed memory and logic
19 circuits; related assembly and test operations; active-matrix
20 flat panel displays; semiconductor chips; semiconductor
21 lasers; optoelectronic elements; and related semiconductor
22 silicon technology products as determined by the Office of
23 Tourism, Trade, and Economic Development.
24 d. "Clean rooms" means manufacturing facilities
25 enclosed in a manner that meets the clean manufacturing
26 requirements necessary for high-technology
27 semiconductor-manufacturing environments.
28 (n) Materials for construction of single-family homes
29 in certain areas.--
30 1. As used in this paragraph, the term:
31
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1 a. "Building materials" means tangible personal
2 property that becomes a component part of a qualified home.
3 b. "Qualified home" means a single-family home having
4 an appraised value of no more than $160,000 which is located
5 in an enterprise zone, empowerment zone, or Front Porch
6 Florida Community and which is constructed and occupied by the
7 owner thereof for residential purposes.
8 c. "Substantially completed" has the same meaning as
9 provided in s. 192.042(1).
10 2. Building materials used in the construction of a
11 qualified home and the costs of labor associated with the
12 construction of a qualified home are exempt from the tax
13 imposed by this chapter upon an affirmative showing to the
14 satisfaction of the department that the requirements of this
15 paragraph have been met. This exemption inures to the owner
16 through a refund of previously paid taxes. To receive this
17 refund, the owner must file an application under oath with the
18 department which includes:
19 a. The name and address of the owner.
20 b. The address and assessment roll parcel number of
21 the home for which a refund is sought.
22 c. A copy of the building permit issued for the home.
23 d. A certification by the local building inspector
24 that the home is substantially completed.
25 e. A sworn statement, under penalty of perjury, from
26 the general contractor licensed in this state with whom the
27 owner contracted to construct the home, which statement lists
28 the building materials used in the construction of the home
29 and the actual cost thereof, the labor costs associated with
30 such construction, and the amount of sales tax paid on these
31 materials and labor costs. If a general contractor was not
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1 used, the owner shall provide this information in a sworn
2 statement, under penalty of perjury. Copies of invoices
3 evidencing payment of sales tax must be attached to the sworn
4 statement.
5 f. A sworn statement, under penalty of perjury, from
6 the owner affirming that he or she is occupying the home for
7 residential purposes.
8 3. An application for a refund under this paragraph
9 must be submitted to the department within 6 months after the
10 date the home is deemed to be substantially completed by the
11 local building inspector. Within 30 working days after receipt
12 of the application, the department shall determine if it meets
13 the requirements of this paragraph. A refund approved pursuant
14 to this paragraph shall be made within 30 days after formal
15 approval of the application by the department. The provisions
16 of s. 212.095 do not apply to any refund application made
17 under this paragraph.
18 4. The department shall establish by rule an
19 application form and criteria for establishing eligibility for
20 exemption under this paragraph.
21 5. The exemption shall apply to purchases of materials
22 on or after July 1, 2000.
23 (o) Building materials in redevelopment projects.--
24 1. As used in this paragraph, the term:
25 a. "Building materials" means tangible personal
26 property that becomes a component part of a housing project or
27 a mixed-use project.
28 b. "Housing project" means the conversion of an
29 existing manufacturing or industrial building to housing units
30 in an urban high-crime area, enterprise zone, empowerment
31 zone, Front Porch Community, designated brownfield area, or
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1 urban infill area and in which the developer agrees to set
2 aside at least 20 percent of the housing units in the project
3 for low-income and moderate-income persons.
4 c. "Mixed-use project" means the conversion of an
5 existing manufacturing or industrial building to mixed-use
6 units that include artists' studios, art and entertainment
7 services, or other compatible uses. A mixed-use project must
8 be located in an urban high-crime area, enterprise zone,
9 empowerment zone, Front Porch Community, designated brownfield
10 area, or urban infill area and the developer must agree to set
11 aside at least 20 percent of the square footage of the project
12 for low-income and moderate-income housing.
13 d. "Substantially completed" has the same meaning as
14 provided in s. 192.042(1).
15 2. Building materials used in the construction of a
16 housing project or mixed-use project are exempt from the tax
17 imposed by this chapter upon an affirmative showing to the
18 satisfaction of the department that the requirements of this
19 paragraph have been met. This exemption inures to the owner
20 through a refund of previously paid taxes. To receive this
21 refund, the owner must file an application under oath with the
22 department which includes:
23 a. The name and address of the owner.
24 b. The address and assessment roll parcel number of
25 the project for which a refund is sought.
26 c. A copy of the building permit issued for the
27 project.
28 d. A certification by the local building inspector
29 that the project is substantially completed.
30 e. A sworn statement, under penalty of perjury, from
31 the general contractor licensed in this state with whom the
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1 owner contracted to construct the project, which statement
2 lists the building materials used in the construction of the
3 project and the actual cost thereof, and the amount of sales
4 tax paid on these materials. If a general contractor was not
5 used, the owner shall provide this information in a sworn
6 statement, under penalty of perjury. Copies of invoices
7 evidencing payment of sales tax must be attached to the sworn
8 statement.
9 3. An application for a refund under this paragraph
10 must be submitted to the department within 6 months after the
11 date the project is deemed to be substantially completed by
12 the local building inspector. Within 30 working days after
13 receipt of the application, the department shall determine if
14 it meets the requirements of this paragraph. A refund approved
15 pursuant to this paragraph shall be made within 30 days after
16 formal approval of the application by the department. The
17 provisions of s. 212.095 do not apply to any refund
18 application made under this paragraph.
19 4. The department shall establish by rule an
20 application form and criteria for establishing eligibility for
21 exemption under this paragraph.
22 5. The exemption shall apply to purchases of materials
23 on or after July 1, 2000.
24 (7) MISCELLANEOUS EXEMPTIONS.--
25 (eee) Certain repair and labor charges.--
26 1. Subject to the provisions of subparagraphs 2. and
27 3., there is exempt from the tax imposed by this chapter all
28 labor charges for the repair of, and parts and materials used
29 in the repair of and incorporated into, industrial machinery
30 and equipment that which is used for the manufacture,
31 processing, compounding, or production, or production and
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1 shipping of items of tangible personal property at a fixed
2 location within this state.
3 2. This exemption applies only to industries
4 classified under SIC Industry Major Group Numbers 10, 12, 13,
5 14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
6 35, 36, 37, 38, and 39 and Industry Group Number 212. As used
7 in this subparagraph, "SIC" means those classifications
8 contained in the Standard Industrial Classification Manual,
9 1987, as published by the Office of Management and Budget,
10 Executive Office of the President.
11 3. This exemption shall be applied as follows:
12 a. Beginning July 1, 1999, 25 percent of such charges
13 for repair parts and labor shall be exempt.
14 b. Beginning July 1, 2000, 50 percent of such charges
15 for repair parts and labor shall be exempt.
16 c. Beginning July 1, 2001, 75 percent of such charges
17 for repair parts and labor shall be exempt.
18 d. Beginning July 1, 2002, 100 percent of such charges
19 for repair parts and labor shall be exempt.
20
21 Exemptions provided to any entity by this subsection shall not
22 inure to any transaction otherwise taxable under this chapter
23 when payment is made by a representative or employee of such
24 entity by any means, including, but not limited to, cash,
25 check, or credit card even when that representative or
26 employee is subsequently reimbursed by such entity.
27 Section 6. The amendment to section 212.08(7)(eee)2.,
28 Florida Statutes, made by this act is remedial in nature and
29 shall have the force and effect as if SIC Code 35 had been
30 included from July 1, 1999.
31
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1 Section 7. The agencies involved with the Urban Infill
2 Implementation Project Grants Program under section 163.2523,
3 Florida Statutes, the State Apartment Incentive Loan Program
4 under section 420.5087, Florida Statutes, the HOME Investment
5 Partnership Program under section 420.5089, Florida Statutes,
6 and the State Housing Tax Credit Program under section
7 420.5093, Florida Statutes, shall give priority consideration
8 to projects that would convert vacant industrial and
9 manufacturing facilities to affordable housing units within
10 urban high-crime areas, enterprise zones, empowerment zones,
11 Front Porch Communities, designated brownfield areas, or urban
12 infill areas.
13 Section 8. The Department of Community Affairs, in
14 conjunction with the Office of Tourism, Trade, and Economic
15 Development, the Office of Urban Opportunities, and Enterprise
16 Florida, Inc., shall recommend new economic incentives or
17 revisions to existing economic incentives in order to promote
18 the reuse of vacant industrial and manufacturing facilities
19 for affordable housing and mixed-use development. The report
20 must also identify any state regulatory or programmatic
21 barriers to the reuse of such facilities. The department
22 shall submit a report to the President of the Senate and the
23 Speaker of the House of Representatives containing its
24 recommendations by January 31, 2001. Based upon consultation
25 with the Department of Environmental Protection, the
26 department shall include, as a component of the report, any
27 recommended modifications to the Brownfields Redevelopment
28 Act, sections 376.77-376.85, Florida Statutes, for revising
29 liability protection or economic incentives under the act to
30 promote reuse of such facilities.
31
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1 Section 9. Subsection (2) of section 212.097, Florida
2 Statutes, is amended to read:
3 212.097 Urban High-Crime Area Job Tax Credit
4 Program.--
5 (2) As used in this section, the term:
6 (a) "Eligible business" means any sole proprietorship,
7 firm, partnership, or corporation that is located in a
8 qualified county and is predominantly engaged in, or is
9 headquarters for a business predominantly engaged in,
10 activities usually provided for consideration by firms
11 classified within the following standard industrial
12 classifications: SIC 01 through SIC 09 (agriculture,
13 forestry, and fishing); SIC 20 through SIC 39 (manufacturing);
14 SIC 52 through SIC 57 and SIC 59 (retail); SIC 422 (public
15 warehousing and storage); SIC 70 (hotels and other lodging
16 places); SIC 7391 (research and development); SIC 781 (motion
17 picture production and allied services); SIC 7992 (public golf
18 courses); and SIC 7996 (amusement parks). A call center or
19 similar customer service operation that services a multistate
20 market or international market is also an eligible business.
21 In addition, the Office of Tourism, Trade, and Economic
22 Development may, as part of its final budget request submitted
23 pursuant to s. 216.023, recommend additions to or deletions
24 from the list of standard industrial classifications used to
25 determine an eligible business, and the Legislature may
26 implement such recommendations. Excluded from eligible
27 receipts are receipts from retail sales, except such receipts
28 for SIC 52 through SIC 57 and SIC 59 (retail) hotels and other
29 lodging places classified in SIC 70, public golf courses in
30 SIC 7992, and amusement parks in SIC 7996. For purposes of
31 this paragraph, the term "predominantly" means that more than
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1 50 percent of the business's gross receipts from all sources
2 is generated by those activities usually provided for
3 consideration by firms in the specified standard industrial
4 classification. The determination of whether the business is
5 located in a qualified high-crime area and the tier ranking of
6 that area must be based on the date of application for the
7 credit under this section. Commonly owned and controlled
8 entities are to be considered a single business entity.
9 (b) "Qualified employee" means any employee of an
10 eligible business who performs duties in connection with the
11 operations of the business on a regular, full-time basis for
12 an average of at least 36 hours per week for at least 3 months
13 within the qualified high-crime area in which the eligible
14 business is located. An owner or partner of the eligible
15 business is not a qualified employee. The term also includes
16 an employee leased from an employee leasing company licensed
17 under chapter 468, if such employee has been continuously
18 leased to the employer for an average of at least 36 hours per
19 week for more than 6 months.
20 (c) "New business" means any eligible business first
21 beginning operation on a site in a qualified high-crime area
22 and clearly separate from any other commercial or business
23 operation of the business entity within a qualified high-crime
24 area. A business entity that operated an eligible business
25 within a qualified high-crime area within the 48 months before
26 the period provided for application by subsection (3) is not
27 considered a new business.
28 (d) "Existing business" means any eligible business
29 that does not meet the criteria for a new business.
30 (e) "Qualified high-crime area" means an area selected
31 by the Office of Tourism, Trade, and Economic Development in
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1 the following manner: every third year, the office shall rank
2 and tier those areas nominated under subsection (8), according
3 to the following prioritized criteria:
4 1. Highest arrest rates within the geographic area for
5 violent crime and for such other crimes as drug sale, drug
6 possession, prostitution, vandalism, and civil disturbances;
7 2. Highest reported crime volume and rate of specific
8 property crimes such as business and residential burglary,
9 motor vehicle theft, and vandalism;
10 3. Highest percentage of reported index crimes that
11 are violent in nature;
12 4. Highest overall index crime volume for the area;
13 and
14 5. Highest overall index crime rate for the geographic
15 area.
16
17 Tier-one areas are ranked 1 through 5 and represent the
18 highest crime areas according to this ranking. Tier-two areas
19 are ranked 6 through 10 according to this ranking. Tier-three
20 areas are ranked 11 through 15. Notwithstanding this
21 definition, "qualified high-crime area" also means an area
22 that has been designated as a federal Empowerment Zone
23 pursuant to the Taxpayer Relief Act of 1997. Such a designated
24 area is ranked in tier three until the areas are reevaluated
25 by the Office of Tourism, Trade, and Economic Development.
26 Section 10. Subsection (2) of section 212.098, Florida
27 Statutes, is amended to read:
28 212.098 Rural Job Tax Credit Program.--
29 (2) As used in this section, the term:
30 (a) "Eligible business" means any sole proprietorship,
31 firm, partnership, or corporation that is located in a
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1 qualified county and is predominantly engaged in, or is
2 headquarters for a business predominantly engaged in,
3 activities usually provided for consideration by firms
4 classified within the following standard industrial
5 classifications: SIC 01 through SIC 09 (agriculture,
6 forestry, and fishing); SIC 20 through SIC 39 (manufacturing);
7 SIC 422 (public warehousing and storage); SIC 70 (hotels and
8 other lodging places); SIC 7391 (research and development);
9 SIC 781 (motion picture production and allied services); SIC
10 7992 (public golf courses); and SIC 7996 (amusement parks). A
11 call center or similar customer service operation that
12 services a multistate market or an international market is
13 also an eligible business. In addition, the Office of Tourism,
14 Trade, and Economic Development may, as part of its final
15 budget request submitted pursuant to s. 216.023, recommend
16 additions to or deletions from the list of standard industrial
17 classifications used to determine an eligible business, and
18 the Legislature may implement such recommendations. Excluded
19 from eligible receipts are receipts from retail sales, except
20 such receipts for hotels and other lodging places classified
21 in SIC 70, public golf courses in SIC 7992, and amusement
22 parks in SIC 7996. For purposes of this paragraph, the term
23 "predominantly" means that more than 50 percent of the
24 business's gross receipts from all sources is generated by
25 those activities usually provided for consideration by firms
26 in the specified standard industrial classification. The
27 determination of whether the business is located in a
28 qualified county and the tier ranking of that county must be
29 based on the date of application for the credit under this
30 section. Commonly owned and controlled entities are to be
31 considered a single business entity.
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1 (b) "Qualified employee" means any employee of an
2 eligible business who performs duties in connection with the
3 operations of the business on a regular, full-time basis for
4 an average of at least 36 hours per week for at least 3 months
5 within the qualified county in which the eligible business is
6 located. An owner or partner of the eligible business is not a
7 qualified employee.
8 (c) "Qualified county" means a county that has a
9 population of fewer than 75,000 persons, or any county that
10 has a population of 100,000 or less and is contiguous to a
11 county that has a population of less than 75,000, selected in
12 the following manner: every third year, the Office of
13 Tourism, Trade, and Economic Development shall rank and tier
14 the state's counties according to the following four factors:
15 1. Highest unemployment rate for the most recent
16 36-month period.
17 2. Lowest per capita income for the most recent
18 36-month period.
19 3. Highest percentage of residents whose incomes are
20 below the poverty level, based upon the most recent data
21 available.
22 4. Average weekly manufacturing wage, based upon the
23 most recent data available.
24
25 Tier-one qualified counties are those ranked 1 through 5 and
26 represent the state's least-developed counties according to
27 this ranking. Tier-two qualified counties are those ranked 6
28 through 10, and tier-three counties are those ranked 11
29 through 17. Notwithstanding this definition, "qualified
30 county" also means a county that contains an area that has
31 been designated as a federal Enterprise Community pursuant to
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1 the 1999 Agricultural Appropriations Act. Such a designated
2 area shall be ranked in tier three until the areas are
3 reevaluated by the Office of Tourism, Trade, and Economic
4 Development.
5 (d) "New business" means any eligible business first
6 beginning operation on a site in a qualified county and
7 clearly separate from any other commercial or business
8 operation of the business entity within a qualified county. A
9 business entity that operated an eligible business within a
10 qualified county within the 48 months before the period
11 provided for application by subsection (3) is not considered a
12 new business.
13 (e) "Existing business" means any eligible business
14 that does not meet the criteria for a new business.
15 Section 11. Section 218.075, Florida Statutes, is
16 amended to read:
17 218.075 Reduction or waiver of permit processing
18 fees.--Notwithstanding any other provision of law, the
19 Department of Environmental Protection and the water
20 management districts shall reduce or waive permit processing
21 fees for a county counties with a population of 75,000 50,000
22 or less, or a county with a population of 100,000 or less
23 which is contiguous to a county with a population of 75,000 or
24 less, based upon the most current census data, on April 1,
25 1994, until such counties exceed a population of 75,000 and a
26 municipality municipalities with a population of 25,000 or
27 less, or any county or municipality not included within a
28 metropolitan statistical area. Fee reductions or waivers shall
29 be approved on the basis of fiscal hardship or environmental
30 need for a particular project or activity. The governing body
31
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1 must certify that the cost of the permit processing fee is a
2 fiscal hardship due to one of the following factors:
3 (1) Per capita taxable value is less than the
4 statewide average for the current fiscal year;
5 (2) Percentage of assessed property value that is
6 exempt from ad valorem taxation is higher than the statewide
7 average for the current fiscal year;
8 (3) Any condition specified in s. 218.503, that
9 determines a state of financial emergency;
10 (4) Ad valorem operating millage rate for the current
11 fiscal year is greater than 8 mills; or
12 (5) A financial condition that is documented in annual
13 financial statements at the end of the current fiscal year and
14 indicates an inability to pay the permit processing fee during
15 that fiscal year.
16
17 The permit applicant must be the governing body of a county or
18 municipality or a third party under contract with a county or
19 municipality and the project for which the fee reduction or
20 waiver is sought must serve a public purpose. If a permit
21 processing fee is reduced, the total fee shall not exceed
22 $100.
23 Section 12. Section 288.012, Florida Statutes, is
24 amended to read:
25 288.012 State of Florida foreign offices.--The
26 Legislature finds that the expansion of international trade
27 and tourism is vital to the overall health and growth of the
28 economy of this state. This expansion is hampered by the lack
29 of technical and business assistance, financial assistance,
30 and information services for businesses in this state. The
31 Legislature finds that these businesses could be assisted by
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1 providing these services at State of Florida foreign offices.
2 The Legislature further finds that the accessibility and
3 provision of services at these offices can be enhanced through
4 cooperative agreements or strategic alliances between state
5 entities, local entities, foreign entities, and private
6 businesses.
7 (1)(a) The Office of Tourism, Trade, and Economic
8 Development is authorized to:
9 (a) approve the establishment and operation by
10 Enterprise Florida, Inc., of Establish and operate offices in
11 foreign countries for the purpose of promoting the trade and
12 economic development of the state, and promoting the gathering
13 of trade data information and research on trade opportunities
14 in specific countries.
15 (b) Enterprise Florida, Inc., as an agent for the
16 Office of Tourism, Trade, and Economic Development, may enter
17 into agreements with governmental and private sector entities
18 to establish and operate offices in foreign countries
19 containing provisions which may be in conflict with general
20 laws of the state pertaining to the purchase of office space,
21 employment of personnel, and contracts for services. When
22 agreements pursuant to this section are made which set
23 compensation in foreign currency, such agreements shall be
24 subject to the requirements of s. 215.425, but the purchase of
25 foreign 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., for review and approval. The plans
20 shall include, at a minimum, the following:
21 (a) Specific policies and procedures encompassing the
22 entire scope of the operation and management of each office.
23 (b) A comprehensive, commercial strategic plan
24 identifying marketing opportunities and industry sector
25 priorities for the foreign country or area in which a foreign
26 office is located.
27 (c) Provisions for access to information for Florida
28 businesses through Enterprise Florida, Inc the Florida Trade
29 Data Center. Each foreign office shall obtain and forward
30 trade leads and inquiries to Enterprise Florida, Inc., the
31
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1 center on a regular basis as called for in the plan pursuant
2 to paragraph (1)(c).
3 (d) Identification of new and emerging market
4 opportunities for Florida businesses. Each foreign office
5 shall provide Enterprise Florida, Inc., the Florida Trade Data
6 Center with a compilation of foreign buyers and importers in
7 industry sector priority areas annually on an annual basis.
8 Enterprise Florida, Inc., In return, the Florida Trade Data
9 Center shall make available to each foreign office, and to the
10 Florida Commission on Tourism, The Florida Seaport
11 Transportation and Economic Development Council, the
12 Department of State, the Department of Citrus, and the
13 Department of Agriculture entities identified in paragraph
14 (1)(c), trade industry, commodity, and opportunity information
15 as specified in the plan required in that paragraph. This
16 information shall be provided to such the offices and the
17 entities identified in paragraph (1)(c) either free of charge
18 or on a fee basis with fees set only to recover the costs of
19 providing the information.
20 (e) Provision of access for Florida businesses to the
21 services of the Florida Trade Data Center, international trade
22 assistance services provided by state and local entities,
23 seaport and airport information, and other services identified
24 in the plan developed by the Office of Tourism, Trade, and
25 Economic Development for the disposition of the foreign
26 offices pursuant to paragraph (1)(c).
27 (f) Qualitative and quantitative performance measures
28 for each office including, but not limited to, the number of
29 businesses assisted, the number of trade leads and inquiries
30 generated, the number of foreign buyers and importers
31 contacted, and the amount and type of marketing conducted.
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1 (3) By October 1 of each year, each foreign office
2 shall submit to Enterprise Florida, Inc., the Office of
3 Tourism, Trade, and Economic Development a complete and
4 detailed report on its activities and accomplishments during
5 the preceding fiscal year. In a format provided by Enterprise
6 Florida, Inc., the report must set forth information on:
7 (a) The number of Florida companies assisted.
8 (b) The number of inquiries received about investment
9 opportunities in this state.
10 (c) The number of trade leads generated.
11 (d) The number of investment projects announced.
12 (e) The estimated U.S. dollar value of sales
13 confirmations.
14 (f) The number of representation agreements.
15 (g) The number of company consultations.
16 (h) Barriers or other issues affecting the effective
17 operation of the office.
18 (i) Changes in office operations which are planned for
19 the current fiscal year.
20 (j) Marketing activities conducted.
21 (k) Strategic alliances formed with organizations in
22 the country in which the office is located.
23 (l) Activities conducted with other Florida foreign
24 offices.
25 (m) Any other information that the office believes
26 would contribute to an understanding of its activities.
27 (4) The Office of Tourism, Trade, and Economic
28 Development, in connection with the establishment, operation,
29 and management of any of the its offices located in a foreign
30 country, is exempt from the provisions of ss. 255.21, 255.25,
31 and 255.254 relating to leasing of buildings; ss. 283.33 and
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1 283.35 relating to bids for printing; ss. 287.001-287.20
2 relating to purchasing and motor vehicles; and ss.
3 282.003-282.111 relating to communications, and from all
4 statutory provisions relating to state employment.
5 (a) Such exemptions The Office of Tourism, Trade, and
6 Economic Development may be exercised exercise such exemptions
7 only upon prior approval of the Governor.
8 (b) If approval for an exemption under this section is
9 granted as an integral part of a plan of operation for a
10 specified foreign office, such action shall constitute
11 continuing authority for the Office of Tourism, Trade, and
12 Economic Development to exercise of the exemption, but only in
13 the context and upon the terms originally granted. Any
14 modification of the approved plan of operation with respect to
15 an exemption contained therein must be resubmitted to the
16 Governor for his or her approval. An approval granted to
17 exercise an exemption in any other context shall be restricted
18 to the specific instance for which the exemption is to be
19 exercised.
20 (c) As used in this subsection, the term "plan of
21 operation" means the plan developed pursuant to subsection
22 (2).
23 (d) Upon final action by the Governor with respect to
24 a request to exercise the exemption authorized in this
25 subsection, the Office of Tourism, Trade, and Economic
26 Development shall report such action, along with the original
27 request and any modifications thereto, to the President of the
28 Senate and the Speaker of the House of Representatives within
29 30 days.
30 (5) Where feasible and appropriate, and subject to s.
31 288.1224(10), foreign offices established and operated under
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1 this section may provide one-stop access to the economic
2 development, trade, and tourism information, services, and
3 programs of the state. Where feasible and appropriate, and
4 subject to s. 288.1224(10), such offices may also be
5 collocated with other foreign offices of the state.
6 (6) The Office of Tourism, Trade, and Economic
7 Development is authorized to make and to enter into contracts
8 with Enterprise Florida, Inc., and the Florida Commission on
9 Tourism to carry out the provisions of this section. The
10 authority, duties, and exemptions provided in this section
11 apply to Enterprise Florida, Inc., and the Florida Commission
12 on Tourism to the same degree and subject to the same
13 conditions as applied to the Office of Tourism, Trade, and
14 Economic Development. To the greatest extent possible, such
15 contracts shall include provisions for cooperative agreements
16 or strategic alliances between state entities, foreign
17 entities, local entities, and private businesses to operate
18 foreign offices.
19 Section 13. Section 288.018, Florida Statutes, is
20 amended to read:
21 288.018 Regional Rural Development Grants Program.--
22 (1) Enterprise Florida, Inc., shall administer The
23 Office of Tourism, Trade, and Economic Development shall
24 establish a matching grant program to provide funding to
25 regionally based economic development organizations
26 representing rural counties and communities for the purpose of
27 building the professional capacity of their organizations.
28 Upon recommendation by Enterprise Florida, Inc., the Office of
29 Tourism, Trade, and Economic Development is authorized to
30 approve, on an annual basis, grants to such regionally based
31 economic development organizations. The maximum amount an
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1 organization may receive in any year will be $35,000, or
2 $100,000 in a rural area of critical economic concern
3 recommended by the Rural Economic Development Initiative and
4 designated by the Governor, and must be matched each year by
5 an equivalent amount of nonstate resources.
6 (2) In recommending the awards for funding, Enterprise
7 Florida, Inc., approving the participants, the Office of
8 Tourism, Trade, and Economic Development shall consider the
9 demonstrated need of the applicant for assistance and require
10 the following:
11 (a) Documentation of official commitments of support
12 from each of the units of local government represented by the
13 regional organization.
14 (b) Demonstration that each unit of local government
15 has made a financial or in-kind commitment to the regional
16 organization.
17 (c) Demonstration that the private sector has made
18 financial or in-kind commitments to the regional organization.
19 (d) Demonstration that the organization is in
20 existence and actively involved in economic development
21 activities serving the region.
22 (e) Demonstration of the manner in which the
23 organization is or will coordinate its efforts with those of
24 other local and state organizations.
25 (3) The Office of Tourism, Trade, and Economic
26 Development may approve awards expend up to a total of
27 $600,000 each fiscal year from funds appropriated to the Rural
28 Community Development Revolving Loan Fund for the purposes
29 outlined in this section.
30 Section 14. Section 288.064, Florida Statutes, is
31 created to read:
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1 288.064 Legislative intent on rural economic
2 development.--
3 (1) The Legislature finds and declares that, because
4 of climate, tourism, industrialization, technological
5 advances, federal and state government policies,
6 transportation, and migration, Florida's urban communities
7 have grown rapidly over the past 40 years. This growth and
8 prosperity, however, have not been shared by Florida's rural
9 communities, although these communities are the stewards of
10 the vast majority of the land and natural resources. Without
11 this land and these resources, the state's growth and
12 prosperity cannot continue. In short, successful rural
13 communities are essential to the overall success of the
14 state's economy.
15 (2) The Legislature further finds and declares that
16 many rural areas of the state are experiencing not only a lack
17 of growth but severe and sustained economic distress. Median
18 household incomes are significantly less than the state's
19 median household income level. Job creation rates trail those
20 in more urbanized areas. In many cases, rural counties have
21 lost jobs, which handicaps local economies and drains wealth
22 from these communities. These and other factors, including
23 government policies, amplify and compound social, health, and
24 community problems, making job creation and economic
25 development even more difficult. Moreover, the Legislature
26 finds that traditional program and service delivery is often
27 hampered by the necessarily rigid structure of the programs
28 themselves and the lack of local resources.
29 (3) It is the intent of the Legislature to provide for
30 the most efficient and effective delivery of programs of
31 assistance and support to rural communities, including the
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1 use, where appropriate, of regulatory flexibility through
2 multiagency coordination and adequate funding. The Legislature
3 determines and declares that the provision of such assistance
4 and support in this manner fulfills an important state
5 interest.
6 Section 15. Paragraph (d) of subsection (2) and
7 subsection (4) of section 288.0655, Florida Statutes, are
8 amended to read:
9 288.0655 Rural Infrastructure Fund.--
10 (2)
11 (d) By September 1, 2000 1999, the office shall pursue
12 execution of a memorandum of agreement with the United States
13 Department of Agriculture under which state funds available
14 through the Rural Infrastructure Fund may be advanced, in
15 excess of the prescribed state share, for a project that has
16 received from the department a preliminary determination of
17 eligibility for federal financial support. State funds in
18 excess of the prescribed state share which are advanced
19 pursuant to this paragraph and the memorandum of agreement
20 shall be reimbursed when funds are awarded under an
21 application for federal funding.
22 (4) By September 1, 2000 1999, the office shall, in
23 consultation with the organizations listed in subsection (3),
24 and other organizations, develop guidelines and criteria
25 governing submission of applications for funding, review and
26 evaluation of such applications, and approval of funding under
27 this section. The office shall consider factors including, but
28 not limited to, the project's potential for enhanced job
29 creation or increased capital investment, the demonstration of
30 local public and private commitment, the location of the
31 project in an enterprise zone, the location of the project in
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1 a community development corporation service area as defined in
2 s. 290.035(2), the location of the project in a county
3 designated under s. 212.097, the unemployment rate of the
4 surrounding area, and the poverty rate of the community.
5 Section 16. Subsection (2) of section 288.0656,
6 Florida Statutes, is amended and subsection (9) is added to
7 that section to read:
8 288.0656 Rural Economic Development Initiative.--
9 (2) As used in this section, the term:
10 (a) "Economic distress" means conditions affecting the
11 fiscal and economic viability of a rural community, including
12 such factors as low per capita income, low per capita taxable
13 values, high unemployment, high underemployment, low weekly
14 earned wages compared to the state average, low housing values
15 compared to the state average, high percentages of the
16 population receiving public assistance, high poverty levels
17 compared to the state average, and a lack of year-round stable
18 employment opportunities.
19 (b) "Rural community" means:
20 1. A county with a population of 75,000 or less.
21 2. A county with a population of 100,000 or less that
22 is contiguous to a county with a population of 75,000 or less.
23 3. A municipality within a county described in
24 subparagraph 1. or subparagraph 2.
25 4. An unincorporated federal enterprise community or
26 an incorporated rural city with a population of 25,000 or less
27 and an employment base focused on traditional agricultural or
28 resource-based industries, located in a county not described
29 in subparagraph 1. or subparagraph 2. which meets the criteria
30 established in subsection (9). defined as rural, which has at
31 least three or more of the economic distress factors
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1 identified in paragraph (a) and verified by the Office of
2 Tourism, Trade, and Economic Development.
3
4 For purposes of this paragraph, population shall be determined
5 in accordance with the most recent official estimate pursuant
6 to s. 186.901.
7 (9)(a) An unincorporated federal enterprise community
8 or an incorporated rural city as described in subparagraph
9 (2)(b)4. must apply to REDI for designation as rural by
10 resolution of the municipal governing body and demonstrate
11 that three or more of the factors of economic distress as
12 provided in paragraph (2)(a) exist within the community. REDI
13 shall verify such factors prior to approving the designation.
14 (b) Upon receiving such designation, an unincorporated
15 federal enterprise community or an incorporated rural city in
16 a nonrural county shall be eligible to apply for any program
17 specifically identified in statute as a rural program,
18 provided that it demonstrates that the county of jurisdiction
19 for such unincorporated federal enterprise community or rural
20 city is also providing support for each program application.
21 REDI may recommend criteria for the evaluation of such county
22 support to the administrative agency of each program. Such
23 communities shall also be eligible for any preferential
24 criteria or waivers of any program requirements specifically
25 identified in statute as available for rural counties, cities,
26 or communities when necessary to encourage and facilitate
27 long-term private capital investment and job creation.
28 Section 17. Section 288.1088, Florida Statutes, is
29 amended to read:
30 288.1088 Quick Action Closing Fund.--
31
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1 (1)(a) The Legislature finds that attracting,
2 retaining, and providing favorable conditions for the growth
3 of certain target industries provides high-quality employment
4 opportunities for residents of this state and enhances the
5 economic foundations of the state high-impact business
6 facilities provides widespread economic benefits to the public
7 through high-quality employment opportunities in such
8 facilities and in related facilities attracted to the state,
9 through the increased tax base provided by the high-impact
10 facility and businesses in related sectors, through an
11 enhanced entrepreneurial climate in the state and the
12 resulting business and employment opportunities, and through
13 the stimulation and enhancement of the state's universities
14 and community colleges. In the global economy, there exists
15 serious and fierce international competition for these
16 facilities, and in most instances, when all available
17 resources for economic development have been used, the state
18 continues to encounter severe competitive disadvantages in
19 vying for these high-impact business facilities.
20 (b) The Legislature therefore declares that sufficient
21 resources shall be available to respond to extraordinary
22 economic opportunities, and to compete effectively for these
23 high-value-added employment opportunities, and to enhance the
24 state's economic base by providing incentives to qualifying
25 businesses that require inducement beyond that available
26 through other sources to invest, grow, and create new
27 high-wage employment opportunities in this state and its
28 communities high-impact business facilities.
29 (2) There is created within the Office of Tourism,
30 Trade, and Economic Development the Quick Action Closing Fund,
31 also known as the 21st Century Fund.
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1 (3)(a) Enterprise Florida, Inc., shall evaluate
2 individual proposals for target-industry businesses
3 high-impact business facilities and forward recommendations
4 regarding the use of moneys in the fund for such projects
5 facilities to the director of the Office of Tourism, Trade,
6 and Economic Development. Such evaluation and recommendation
7 must include, but need not be limited to:
8 1. A description of the type of facility, its business
9 operation, and the product or service associated with the
10 project facility.
11 2. The number of full-time-equivalent jobs that will
12 be created by the project facility and the total estimated
13 average annual wages of those jobs.
14 3. The cumulative amount of investment to be dedicated
15 to the project facility within a specified period.
16 4. A statement of any special impacts the project
17 facility is expected to stimulate in a particular business
18 sector in the state or regional economy, or in the state's
19 universities and community colleges, or in a distressed
20 Florida community.
21 5. A statement of the role the incentive is expected
22 to play in the decision of the applicant business to locate or
23 expand in this state, an analysis of all other state and local
24 incentives that have been offered in this state, and an
25 analysis of the conditions and incentives offered by other
26 states and their communities.
27 (b) Upon receipt of the evaluation and recommendation
28 from Enterprise Florida, Inc., the director shall recommend
29 approval or disapproval of a project for receipt of funds from
30 the Quick Action Closing Fund to the Governor. In recommending
31 a target-industry business for this incentive high-impact
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1 business facility, the director shall include proposed
2 performance conditions that the business facility must meet to
3 obtain incentive funds. The Governor shall consult with the
4 President of the Senate and the Speaker of the House of
5 Representatives before giving final approval for a project.
6 The Executive Office of the Governor shall recommend approval
7 of a project and release of funds pursuant to the legislative
8 consultation and review requirements set forth in s. 216.177.
9 The recommendation must include proposed performance
10 conditions the project must meet to obtain funds.
11 (c) If a project is approved for the receipt of funds
12 Upon the approval of the Governor, the director of the Office
13 of Tourism, Trade, and Economic Development and the
14 high-impact business shall enter into a contract that sets
15 forth the conditions for payment of moneys from the fund. The
16 contract must include the total amount of funds awarded; the
17 performance conditions that must be met to obtain the award,
18 including, but not limited to, net new employment in the
19 state, average salary, and total capital investment; the
20 methodology for validating performance; the schedule of
21 payments from the fund; and sanctions for failure to meet
22 performance conditions.
23 (d) Enterprise Florida, Inc., shall validate
24 contractor performance. Such validation shall be reported
25 within 6 months after completion of the contract to the
26 Governor, President of the Senate, and the Speaker of the
27 House of Representatives.
28 Section 18. Subsections (1), (2), (4), (6), (8), and
29 (10) of section 288.1162, Florida Statutes, are amended to
30 read:
31
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1 288.1162 Professional sports franchises; spring
2 training franchises; duties.--
3 (1) The direct-support organization authorized under
4 s. 288.1229 Office of Tourism, Trade, and Economic Development
5 shall serve as the state agency for screening applicants and
6 shall make recommendations to the Office of Tourism, Trade,
7 and Economic Development for state funding pursuant to s.
8 212.20 and for certifying an applicant as a "facility for a
9 new professional sports franchise," a "facility for a retained
10 professional sports franchise," or a "new spring training
11 franchise facility." The Office of Tourism, Trade, and
12 Economic Development shall have the final approval for any
13 decision under this section.
14 (2) The direct-support organization authorized under
15 s. 288.1229 Office of Tourism, Trade, and Economic Development
16 shall develop guidelines rules for the receipt and processing
17 of applications for funding pursuant to s. 212.20.
18 (4) Prior to certifying an applicant as a "facility
19 for a new professional sports franchise" or a "facility for a
20 retained professional sports franchise," the direct-support
21 organization authorized under s. 288.1229 Office of Tourism,
22 Trade, and Economic Development must determine that:
23 (a) A "unit of local government" as defined in s.
24 218.369 is responsible for the construction, management, or
25 operation of the professional sports franchise facility or
26 holds title to the property on which the professional sports
27 franchise facility is located.
28 (b) The applicant has a verified copy of a signed
29 agreement with a new professional sports franchise for the use
30 of the facility for a term of at least 10 years, or in the
31
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1 case of a retained professional sports franchise, an agreement
2 for use of the facility for a term of at least 20 years.
3 (c) The applicant has a verified copy of the approval
4 from the governing authority of the league in which the new
5 professional sports franchise exists authorizing the location
6 of the professional sports franchise in this state after April
7 1, 1987, or in the case of a retained professional sports
8 franchise, verified evidence that it has had a
9 league-authorized location in this state on or before December
10 31, 1976. The term "league" means the National League or the
11 American League of Major League Baseball, the National
12 Basketball Association, the National Football League, or the
13 National Hockey League.
14 (d) The applicant has projections, verified by the
15 direct-support organization Office of Tourism, Trade, and
16 Economic Development, which demonstrate that the new or
17 retained professional sports franchise will attract a paid
18 attendance of more than 300,000 annually.
19 (e) The applicant has an independent analysis or
20 study, verified by the direct-support organization Office of
21 Tourism, Trade, and Economic Development, which demonstrates
22 that the amount of the revenues generated by the taxes imposed
23 under chapter 212 with respect to the use and operation of the
24 professional sports franchise facility will equal or exceed $2
25 million annually.
26 (f) The municipality in which the facility for a new
27 or retained professional sports franchise is located, or the
28 county if the facility for a new or retained professional
29 sports franchise is located in an unincorporated area, has
30 certified by resolution after a public hearing that the
31 application serves a public purpose.
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1 (g) The applicant has demonstrated that it has
2 provided, is capable of providing, or has financial or other
3 commitments to provide more than one-half of the costs
4 incurred or related to the improvement and development of the
5 facility.
6 (h) No applicant previously certified under any
7 provision of this section who has received funding under such
8 certification shall be eligible for an additional
9 certification.
10 (6) Prior to certifying an applicant as a "new spring
11 training franchise facility," the direct-support organization
12 authorized under s. 288.1229 Office of Tourism, Trade, and
13 Economic Development must determine that:
14 (a) A "unit of local government" as defined in s.
15 218.369 is responsible for the construction, management, or
16 operation of the new spring training franchise facility or
17 holds title to the property on which the new spring training
18 franchise facility is located.
19 (b) The applicant has a verified copy of a signed
20 agreement with a new spring training franchise for the use of
21 the facility for a term of at least 15 years.
22 (c) The applicant has a financial commitment to
23 provide 50 percent or more of the funds required by an
24 agreement for the use of the facility by the new spring
25 training franchise.
26 (d) The proposed facility for the new spring training
27 franchise is located within 20 miles of an interstate or other
28 limited-access highway system.
29 (e) The applicant has projections, verified by the
30 direct-support organization Office of Tourism, Trade, and
31 Economic Development, which demonstrate that the new spring
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1 training franchise facility will attract a paid attendance of
2 at least 50,000 annually.
3 (f) The new spring training franchise facility is
4 located in a county that is levying a tourist development tax
5 pursuant to s. 125.0104(3)(b), (c), (d), and (l), at the rate
6 of 4 percent by March 1, 1992, and, 87.5 percent of the
7 proceeds from such tax are dedicated for the construction of a
8 spring training complex.
9 (8) The direct-support organization authorized under
10 s. 288.1229 Office of Tourism, Trade, and Economic Development
11 shall notify the Department of Revenue of any facility
12 certified as a facility for a new professional sports
13 franchise or a facility for a retained professional sports
14 franchise or as a new spring training franchise facility. The
15 direct-support organization Office of Tourism, Trade, and
16 Economic Development may certify no more than eight facilities
17 as facilities for a new professional sports franchise, as
18 facilities for a retained professional sports franchise, or as
19 new spring training franchise facilities, including in such
20 total any facilities certified by the Department of Commerce
21 before July 1, 1996, and by the Office of Tourism, Trade, and
22 Economic Development before July 1, 2000. The office may make
23 No more than one certification may be made for any facility.
24 (10) An applicant shall not be qualified for
25 certification under this section if the franchise formed the
26 basis for a previous certification, unless the previous
27 certification was withdrawn by the facility or invalidated by
28 the direct-support organization authorized under s. 288.1229,
29 the Office of Tourism, Trade, and Economic Development, or the
30 Department of Commerce before any funds were distributed
31 pursuant to s. 212.20. This subsection does not disqualify an
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1 applicant if the previous certification occurred between May
2 23, 1993, and May 25, 1993; however, any funds to be
3 distributed pursuant to s. 212.20 for the second certification
4 shall be offset by the amount distributed to the previous
5 certified facility. Distribution of funds for the second
6 certification shall not be made until all amounts payable for
7 the first certification have been distributed.
8 Section 19. Section 288.1168, Florida Statutes, is
9 amended to read:
10 288.1168 Professional golf hall of fame facility;
11 duties.--
12 (1) The Department of Commerce shall serve as the
13 state agency for screening applicants for state funding
14 pursuant to s. 212.20 and for certifying one applicant as the
15 professional golf hall of fame facility in the state.
16 (2) Prior to certifying the professional golf hall of
17 fame facility, the Department of Commerce must determine that:
18 (a) The professional golf hall of fame facility is the
19 only professional golf hall of fame in the United States
20 recognized by the PGA Tour, Inc.
21 (b) The applicant is a unit of local government as
22 defined in s. 218.369 or a private sector group that has
23 contracted to construct or operate the professional golf hall
24 of fame facility on land owned by a unit of local government.
25 (c) The municipality in which the professional golf
26 hall of fame facility is located, or the county if the
27 facility is located in an unincorporated area, has certified
28 by resolution after a public hearing that the application
29 serves a public purpose.
30
31
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1 (d) There are existing projections that the
2 professional golf hall of fame facility will attract a paid
3 attendance of more than 300,000 annually.
4 (e) There is an independent analysis or study, using
5 methodology approved by the department, which demonstrates
6 that the amount of the revenues generated by the taxes imposed
7 under chapter 212 with respect to the use and operation of the
8 professional golf hall of fame facility will equal or exceed
9 $2 million annually.
10 (1)(f) Prior to certification, the applicant for the
11 certified professional golf hall of fame facility must submit
12 The applicant has submitted an agreement to provide $2 million
13 annually in national and international media promotion of the
14 professional golf hall of fame facility, Florida, and Florida
15 tourism, through the PGA Tour, Inc., or its affiliates, at the
16 then-current commercial rate, during the period of time that
17 the facility receives funds pursuant to s. 212.20. The
18 direct-support organization authorized under s. 288.1229
19 Office of Tourism, Trade, and Economic Development and the PGA
20 Tour, Inc., or its affiliates, must agree annually on a
21 reasonable percentage of advertising specifically allocated
22 for generic Florida advertising. The direct-support
23 organization authorized under s. 288.1229 Office of Tourism,
24 Trade, and Economic Development shall have final approval of
25 all generic advertising. Failure on the part of the PGA Tour,
26 Inc., or its affiliates to annually provide the advertising as
27 provided in this subsection paragraph or subsection (4) (6)
28 shall result in the termination of funding as provided in s.
29 212.20.
30 (g) Documentation exists that demonstrates that the
31 applicant has provided, is capable of providing, or has
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1 financial or other commitments to provide more than one-half
2 of the costs incurred or related to the improvement and
3 development of the facility.
4 (h) The application is signed by an official senior
5 executive of the applicant and is notarized according to
6 Florida law providing for penalties for falsification.
7 (2)(3) The certified professional golf hall of fame
8 facility applicant may use funds provided pursuant to s.
9 212.20 for the public purpose of paying for the construction,
10 reconstruction, renovation, or operation of the professional
11 golf hall of fame facility, or to pay or pledge for payment of
12 debt service on, or to fund debt service reserve funds,
13 arbitrage rebate obligations, or other amounts payable with
14 respect to, bonds issued for the construction, reconstruction,
15 or renovation of the facility or for the reimbursement of such
16 costs or the refinancing of bonds issued for such purpose.
17 (4) Upon determining that an applicant is or is not
18 certifiable, the Secretary of Commerce shall notify the
19 applicant of his or her status by means of an official letter.
20 If certifiable, the secretary shall notify the executive
21 director of the Department of Revenue and the applicant of
22 such certification by means of an official letter granting
23 certification. From the date of such certification, the
24 applicant shall have 5 years to open the professional golf
25 hall of fame facility to the public and notify the Office of
26 Tourism, Trade, and Economic Development of such opening. The
27 Department of Revenue shall not begin distributing funds until
28 30 days following notice by the Office of Tourism, Trade, and
29 Economic Development that the professional golf hall of fame
30 facility is open to the public.
31
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1 (3)(5) The Department of Revenue may audit as provided
2 in s. 213.34 to verify that the distributions under this
3 section have been expended as required by this section.
4 (4)(6) The direct-support organization authorized
5 under s. 288.1229 Office of Tourism, Trade, and Economic
6 Development must recertify every 10 years that the facility is
7 open, continues to be the only professional golf hall of fame
8 in the United States recognized by the PGA Tour, Inc., and is
9 meeting the minimum projections for attendance or sales tax
10 revenue as required at the time of original certification. If
11 the facility is not certified as meeting the minimum
12 projections, the PGA Tour, Inc., shall increase its required
13 advertising contribution of $2 million annually to $2.5
14 million annually in lieu of reduction of any funds as provided
15 by s. 212.20. The additional $500,000 must be allocated in its
16 entirety for the use and promotion of generic Florida
17 advertising as determined by the direct-support organization
18 authorized under s. 288.1229 Office of Tourism, Trade, and
19 Economic Development. If the facility is not open to the
20 public or is no longer in use as the only professional golf
21 hall of fame in the United States recognized by the PGA Tour,
22 Inc., the entire $2.5 million for advertising must be used for
23 generic Florida advertising as determined by the
24 direct-support organization authorized under s. 288.1229
25 Office of Tourism, Trade, and Economic Development.
26 Section 20. Section 288.1169, Florida Statutes, is
27 amended to read:
28 288.1169 International Game Fish Association World
29 Center facility; department duties.--
30 (1) The direct-support organization authorized under
31 s. 288.1229 Department of Commerce shall serve as the state
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1 agency approving applicants for funding pursuant to s. 212.20
2 and for certifying the applicant as the International Game
3 Fish Association World Center facility. For purposes of this
4 section, "facility" means the International Game Fish
5 Association World Center, and "project" means the
6 International Game Fish Association World Center and new
7 colocated improvements by private sector concerns who have
8 made cash or in-kind contributions to the facility of $1
9 million or more.
10 (2) Prior to certifying this facility, the
11 direct-support organization authorized under s. 288.1229
12 department must determine that:
13 (a) The International Game Fish Association World
14 Center is the only fishing museum, Hall of Fame, and
15 international administrative headquarters in the United States
16 recognized by the International Game Fish Association, and
17 that one or more private sector concerns have committed to
18 donate to the International Game Fish Association land upon
19 which the International Game Fish Association World Center
20 will operate.
21 (b) International Game Fish Association is a
22 not-for-profit Florida corporation that has contracted to
23 construct and operate the facility.
24 (c) The municipality in which the facility is located,
25 or the county if the facility is located in an unincorporated
26 area, has certified by resolution after a public hearing that
27 the facility serves a public purpose.
28 (d) There are existing projections that the
29 International Game Fish Association World Center facility and
30 the colocated facilities of private sector concerns will
31 attract an attendance of more than 1.8 million annually.
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1 (e) There is an independent analysis or study, using
2 methodology approved by the direct-support organization
3 department, which demonstrates that the amount of the revenues
4 generated by the taxes imposed under chapter 212 with respect
5 to the use and operation of the project will exceed $1 million
6 annually.
7 (f) There are existing projections that the project
8 will attract more than 300,000 persons annually who are not
9 residents of the state.
10 (g) The applicant has submitted an agreement to
11 provide $500,000 annually in national and international media
12 promotion of the facility, at the then-current commercial
13 rates, during the period of time that the facility receives
14 funds pursuant to s. 212.20. Failure on the part of the
15 applicant to annually provide the advertising as provided in
16 this paragraph shall result in the termination of the funding
17 as provided in s. 212.20. The applicant can discharge its
18 obligation under this paragraph by contracting with other
19 persons, including private sector concerns who participate in
20 the project.
21 (h) Documentation exists that demonstrates that the
22 applicant has provided, and is capable of providing, or has
23 financial or other commitments to provide, more than one-half
24 of the cost incurred or related to the improvements and the
25 development of the facility.
26 (i) The application is signed by senior officials of
27 the International Game Fish Association and is notarized
28 according to Florida law providing for penalties for
29 falsification.
30 (3) The applicant may use funds provided pursuant to
31 s. 212.20 for the purpose of paying for the construction,
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1 reconstruction, renovation, promotion, or operation of the
2 facility, or to pay or pledge for payment of debt service on,
3 or to fund debt service reserve funds, arbitrage rebate
4 obligations, or other amounts payable with respect to, bonds
5 issued for the construction, reconstruction, or renovation of
6 the facility or for the reimbursement of such costs or by
7 refinancing of bonds issued for such purposes.
8 (4) Upon determining that an applicant is or is not
9 certifiable, the direct-support organization authorized under
10 s. 288.1229 Department of Commerce shall notify the applicant
11 of its status by means of an official letter. If certifiable,
12 the direct-support organization Department of Commerce shall
13 notify the executive director of the Department of Revenue and
14 the applicant of such certification by means of an official
15 letter granting certification. From the date of such
16 certification, the applicant shall have 5 years to open the
17 facility to the public and notify the direct-support
18 organization Department of Commerce of such opening. The
19 Department of Revenue shall not begin distributing funds until
20 30 days following notice by the direct-support organization
21 Department of Commerce that the facility is open to the
22 public.
23 (5) The Department of Revenue may audit as provided in
24 s. 213.34 to verify that the contributions pursuant to this
25 section have been expended as required by this section.
26 (6) The direct-support organization authorized under
27 s. 288.1229 Department of Commerce must recertify every 10
28 years that the facility is open, that the International Game
29 Fish Association World Center continues to be the only
30 international administrative headquarters, fishing museum, and
31 Hall of Fame in the United States recognized by the
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1 International Game Fish Association, and must verify annually
2 that the project is meeting the minimum projections for
3 attendance or sales tax revenues as required at the time of
4 original certification. If the facility is not recertified
5 during this 10-year review as meeting the minimum projections,
6 then funding will be abated until certification criteria are
7 met. If the project fails to generate $1 million of annual
8 revenues pursuant to paragraph (2)(e), the distribution of
9 revenues pursuant to s. 212.20(6)(f)5.c. shall be reduced to
10 an amount equal to $83,333 multiplied by a fraction, the
11 numerator of which is the actual revenues generated and the
12 denominator of which is $1 million. Such reduction shall
13 remain in effect until revenues generated by the project in a
14 12-month period equal or exceed $1 million.
15 Section 21. Section 288.1185, Florida Statutes, is
16 transferred, renumbered as section 403.7155, Florida Statutes,
17 and amended to read:
18 403.7155 288.1185 Recycling Markets Advisory
19 Committee.--
20 (1) There is created the Recycling Markets Advisory
21 Committee, hereinafter referred to as the "committee," to be
22 administratively housed in the Department of Environmental
23 Protection Office of Tourism, Trade, and Economic Development.
24 The purpose of the committee shall be to serve as the
25 mechanism for coordination among state agencies and the
26 private sector to coordinate policy and overall strategic
27 planning for developing new markets and expanding and
28 enhancing existing markets for recovered materials. The
29 committee may not duplicate or replace agency programs, but
30 shall enhance, coordinate, and recommend priorities for those
31 programs.
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1 (2)(a) The committee shall consist of 12 members, 10
2 of whom shall be appointed by the Governor, each of whom is or
3 has been actively engaged in the recycling industry or a
4 related business area, including the use of product packaging
5 materials, or is a local government official with a
6 demonstrated knowledge of recycling; a member of the House of
7 Representatives to be appointed by the Speaker of the House of
8 Representatives, who shall serve without voting rights as an
9 ex officio member of the committee; and a member of the Senate
10 to be appointed by the President of the Senate, who shall
11 serve without voting rights as an ex officio member of the
12 committee.
13 (b) Members of the committee shall be appointed within
14 60 days after this section takes effect.
15 (c) A chairperson shall be appointed by the Governor
16 from among the members of the committee.
17 (d) The committee shall meet at the call of its
18 chairperson or at the request of a majority of its membership,
19 but at least biannually. A majority of the members shall
20 constitute a quorum, and the affirmative vote of a majority of
21 a quorum is necessary to take official action.
22 (e) Members of the committee shall serve without
23 compensation but are entitled to receive reimbursement for per
24 diem and travel expenses as provided in s. 112.061.
25 (f) The committee may appoint ad hoc committees, which
26 may include persons who are not members of the committee, to
27 study recycled materials market development problems and
28 issues and advise the committee on these subjects. Ad hoc
29 committee members may be reimbursed for per diem and travel
30 expenses as provided in s. 112.061.
31
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1 (g) The Department of Environmental Protection Office
2 of Tourism, Trade, and Economic Development shall coordinate
3 with agencies listed in paragraph (3)(a) to provide support as
4 necessary to enable the committee to adequately carry out its
5 functions.
6 (3)(a) The heads of the Department of Transportation,
7 the Department of Environmental Protection, the Department of
8 Management Services, the Department of Agriculture and
9 Consumer Services, the Florida Energy Office, and the Governor
10 shall each designate a staff member from within the agency to
11 serve as the recycling market development liaison for the
12 agency. This person shall have knowledge of recycling and the
13 issues and problems related to recycling and recycled
14 materials market development. This person shall be the primary
15 point of contact for the agency on issues related to recycled
16 materials market development. These liaisons shall be
17 available for committee meetings and shall work closely with
18 the committee and other recycling market development liaisons
19 to further the goals of the committee, as appropriate.
20 (b) Whenever it is necessary to change the designee,
21 the head of each agency shall notify the Governor in writing
22 of the person designated as the recycling market development
23 liaison for such agency.
24 (4)(a) By October 1, 1993, the committee shall develop
25 a plan to set goals and provide direction for developing new
26 markets and expanding and enhancing existing markets for
27 recovered materials.
28 (b) In developing the plan and any needed legislation,
29 the committee shall consider:
30 1. Developing new markets and expanding and enhancing
31 existing markets for recovered materials.
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1 2. Pursuing expanded end uses for recycled materials.
2 3. Targeting materials for concentrated market
3 development efforts.
4 4. Developing proposals for new incentives for market
5 development, particularly focusing on targeted materials.
6 5. Providing guidance on issues such as permitting,
7 finance options for recycling market development, site
8 location, research and development, grant program criteria for
9 recycled materials markets, recycling markets education and
10 information, and minimum content.
11 6. Coordinating the efforts of various government
12 entities with market development responsibilities.
13 7. Evaluating the need for competitively solicited,
14 cooperative ventures in rural areas for collecting,
15 processing, marketing, and procuring collected materials.
16 8. Evaluating source-reduced products as they relate
17 to state procurement policy. The evaluation shall include,
18 but is not limited to, the environmental and economic impact
19 of source-reduced product purchases on the state. For the
20 purposes of this section, "source-reduced" means any method,
21 process, product, or technology which significantly or
22 substantially reduces the volume or weight of a product while
23 providing, at a minimum, equivalent or generally similar
24 performance and service to and for the users of such
25 materials.
26 (5) By November 1 of each year, beginning in 1994, the
27 committee shall submit to the Governor, the President of the
28 Senate, and the Speaker of the House of Representatives a
29 complete and detailed report setting forth in appropriate
30 detail the operations and accomplishments of the committee and
31 the activities of existing agencies and programs in support of
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1 the goals established by the committee, including any
2 recommendations for statutory changes.
3 (6) In order to support the functions of the
4 committee, the Department of Environmental Protection Office
5 of Tourism, Trade, and Economic Development may hire staff or
6 contract with other agencies for staff support and enter into
7 contracts for support, research, planning, evaluation, and
8 communication and promotion services.
9 Section 22. Subsection (10) is added to section
10 288.1229, Florida Statutes, to read:
11 288.1229 Promotion and development of sports-related
12 industries and amateur athletics; direct-support organization;
13 powers and duties.--
14 (10) The direct-support organization authorized under
15 this section shall provide an annual report to the Office of
16 Tourism, Trade, and Economic Development on the status of the
17 professional golf hall of fame facility certified under s.
18 288.1168 and the level of attendance and sales tax revenue
19 associated with the facility as compared to the minimum
20 projections established at the time the facility was
21 certified. This report is due within 30 days after the annual
22 agreement required under s. 288.1168(1). The direct-support
23 organization also shall provide by October 1 of each year a
24 report to the Office of Tourism, Trade, and Economic
25 Development on the status of the International Game Fish
26 Association World Center facility certified under s. 288.1169.
27 Section 23. Section 288.1251, Florida Statutes, is
28 amended to read:
29 288.1251 Promotion and development of entertainment
30 industry; Governor's Office of the Film and Entertainment
31 Commissioner; creation; purpose; powers and duties.--
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1 (1) CREATION.--
2 (a) There is hereby created within the Office of
3 Tourism, Trade, and Economic Development the Governor's Office
4 of the Film and Entertainment Commissioner for the purpose of
5 developing, marketing, promoting, and providing services to
6 the state's entertainment industry.
7 (b) The Office of Tourism, Trade, and Economic
8 Development shall conduct a national search for a qualified
9 person to fill the position of Film Commissioner of Film and
10 Entertainment, and the Executive Director of the Office of
11 Tourism, Trade, and Economic Development shall hire the Film
12 commissioner. Guidelines for selection of the Film
13 commissioner shall include, but not be limited to, the Film
14 commissioner having the following:
15 1. A working knowledge of the equipment, personnel,
16 financial, and day-to-day production operations of the
17 industries to be served by the office;
18 2. Marketing and promotion experience related to the
19 industries to be served by the office;
20 3. Experience working with a variety of individuals
21 representing large and small entertainment-related businesses,
22 industry associations, local community entertainment industry
23 liaisons, and labor organizations; and
24 4. Experience working with a variety of state and
25 local governmental agencies.
26 (2) POWERS AND DUTIES.--
27 (a) The Governor's Office of the Film and
28 Entertainment Commissioner, in performance of its duties,
29 shall:
30 1. In consultation with the Florida Film and
31 Entertainment Advisory Council, develop and implement a 5-year
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1 strategic plan to guide the activities of the Governor's
2 Office of the Film and Entertainment Commissioner in the areas
3 of entertainment industry development, marketing, promotion,
4 liaison services, field office administration, and
5 information. The plan, to be developed by no later than June
6 30, 2000, shall:
7 a. Be annual in construction and ongoing in nature.
8 b. Include recommendations relating to the
9 organizational structure of the office.
10 c. Include an annual budget projection for the office
11 for each year of the plan.
12 d. Include an operational model for the office to use
13 in implementing programs for rural and urban areas designed
14 to:
15 (I) Develop and promote the state's entertainment
16 industry.
17 (II) Have the office serve as a liaison between the
18 entertainment industry and other state and local governmental
19 agencies, local film commissions, and labor organizations.
20 (III) Gather statistical information related to the
21 state's entertainment industry.
22 (IV) Provide information and service to businesses,
23 communities, organizations, and individuals engaged in
24 entertainment industry activities.
25 (V) Administer field offices outside the state and
26 coordinate with regional offices maintained by counties and
27 regions of the state, as described in sub-sub-subparagraph
28 (II), as necessary.
29 e. Include performance standards and measurable
30 outcomes for the programs to be implemented by the office.
31
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1 f. Include an assessment of, and make recommendations
2 on, the feasibility of creating an alternative public-private
3 partnership for the purpose of contracting with such a
4 partnership for the administration of the state's
5 entertainment industry promotion, development, marketing, and
6 service programs.
7 2. Develop, market, and facilitate a smooth working
8 relationship between state agencies and local governments in
9 cooperation with local film commission offices for
10 out-of-state and indigenous entertainment industry production
11 entities.
12 3. Implement a structured methodology prescribed for
13 coordinating activities of local offices with each other and
14 the commissioner's office.
15 4. Represent the state's indigenous entertainment
16 industry to key decisionmakers within the national and
17 international entertainment industry, and to state and local
18 officials.
19 5. Prepare an inventory and analysis of the state's
20 entertainment industry, including, but not limited to,
21 information on crew, related businesses, support services, job
22 creation, talent, and economic impact and coordinate with
23 local offices to develop an information tool for common use.
24 6. Represent key decisionmakers within the national
25 and international entertainment industry to the indigenous
26 entertainment industry and to state and local officials.
27 7. Serve as liaison between entertainment industry
28 producers and labor organizations.
29 8. Identify, solicit, and recruit entertainment
30 production opportunities for the state.
31
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1 9. Assist rural communities and other small
2 communities in the state in developing the expertise and
3 capacity necessary for such communities to develop, market,
4 promote, and provide services to the state's entertainment
5 industry.
6 (b) The Governor's Office of the Film and
7 Entertainment Commissioner, in the performance of its duties,
8 may:
9 1. Conduct or contract for specific promotion and
10 marketing functions, including, but not limited to, production
11 of a statewide directory, production and maintenance of an
12 Internet web site, establishment and maintenance of a
13 toll-free number, organization of trade show participation,
14 and appropriate cooperative marketing opportunities.
15 2. Conduct its affairs, carry on its operations,
16 establish offices, and exercise the powers granted by this act
17 in any state, territory, district, or possession of the United
18 States.
19 3. Carry out any program of information, special
20 events, or publicity designed to attract entertainment
21 industry to Florida.
22 4. Develop relationships and leverage resources with
23 other public and private organizations or groups in their
24 efforts to publicize to the entertainment industry in this
25 state, other states, and other countries the depth of
26 Florida's entertainment industry talent, crew, production
27 companies, production equipment resources, related businesses,
28 and support services, including the establishment of and
29 expenditure for a program of cooperative advertising with
30 these public and private organizations and groups in
31 accordance with the provisions of chapter 120.
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1 5. Provide and arrange for reasonable and necessary
2 promotional items and services for such persons as the office
3 deems proper in connection with the performance of the
4 promotional and other duties of the office.
5 6. Prepare an annual economic impact analysis on
6 entertainment industry-related activities in the state.
7 7. Request or accept any grant or gift of funds or
8 property made by this state or by the United States, or any
9 department or agency thereof, or by any individual, firm,
10 corporation, municipality, county, or organization for any or
11 all of the purposes of the Governor's Office of Film and
12 Entertainment which are consistent with this or any other
13 provision of law. The office may expend such funds in
14 accordance with the terms and conditions of any such grant or
15 gift, in the pursuit of its administration, or in support of
16 the programs it administers.
17 Section 24. Section 288.1252, Florida Statutes, is
18 amended to read:
19 288.1252 Florida Film and Entertainment Advisory
20 Council; creation; purpose; membership; powers and duties.--
21 (1) CREATION.--There is hereby created within the
22 Office of Tourism, Trade, and Economic Development of the
23 Executive Office of the Governor, for administrative purposes
24 only, the Florida Film and Entertainment Advisory Council.
25 (2) PURPOSE.--The purpose of the council shall be to
26 serve as an advisory body to the Office of Tourism, Trade, and
27 Economic Development and to the Governor's Office of the Film
28 and Entertainment Commissioner to provide these offices with
29 industry insight and expertise related to developing,
30 marketing, promoting, and providing service to the state's
31 entertainment industry.
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1 (3) MEMBERSHIP.--
2 (a) The council shall consist of 17 members, seven to
3 be appointed by the Governor, five to be appointed by the
4 President of the Senate, and five to be appointed by the
5 Speaker of the House of Representatives, with the initial
6 appointments being made no later than August 1, 1999.
7 (b) When making appointments to the council, the
8 Governor, the President of the Senate, and the Speaker of the
9 House of Representatives shall appoint persons who are
10 residents of the state and who are highly knowledgeable of,
11 active in, and recognized leaders in Florida's motion picture,
12 television, video, sound recording, or other entertainment
13 industries. These persons shall include, but not be limited
14 to, representatives of local film commissions, representatives
15 of entertainment associations, a representative of the
16 broadcast industry, representatives of labor organizations in
17 the entertainment industry, and board chairs, presidents,
18 chief executive officers, chief operating officers, or persons
19 of comparable executive position or stature of leading or
20 otherwise important entertainment industry businesses and
21 offices. Council members shall be appointed in such a manner
22 as to equitably represent the broadest spectrum of the
23 entertainment industry and geographic areas of the state.
24 (c) Council members shall serve for 4-year terms,
25 except that the initial terms shall be staggered:
26 1. The Governor shall appoint one member for a 1-year
27 term, two members for 2-year terms, two members for 3-year
28 terms, and two members for 4-year terms.
29 2. The President of the Senate shall appoint one
30 member for a 1-year term, one member for a 2-year term, two
31 members for 3-year terms, and one member for a 4-year term.
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1 3. The Speaker of the House of Representatives shall
2 appoint one member for a 1-year term, one member for a 2-year
3 term, two members for 3-year terms, and one member for a
4 4-year term.
5 (d) Subsequent appointments shall be made by the
6 official who appointed the council member whose expired term
7 is to be filled.
8 (e) The Film Commissioner of Film and Entertainment, a
9 representative of Enterprise Florida, Inc., and a
10 representative of the Florida Tourism Industry Marketing
11 Corporation shall serve as ex officio, nonvoting members of
12 the council, and shall be in addition to the 17 appointed
13 members of the council.
14 (f) Absence from three consecutive meetings shall
15 result in automatic removal from the council.
16 (g) A vacancy on the council shall be filled for the
17 remainder of the unexpired term by the official who appointed
18 the vacating member.
19 (h) No more than one member of the council may be an
20 employee of any one company, organization, or association.
21 (i) Any member shall be eligible for reappointment but
22 may not serve more than two consecutive terms.
23 (4) MEETINGS; ORGANIZATION.--
24 (a) The council shall meet no less frequently than
25 once each quarter of the calendar year, but may meet more
26 often as set by the council.
27 (b) The council shall annually elect one member to
28 serve as chair of the council and one member to serve as vice
29 chair. The Governor's Office of the Film and Entertainment
30 Commissioner shall provide staff assistance to the council,
31 which shall include, but not be limited to, keeping records of
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1 the proceedings of the council, and serving as custodian of
2 all books, documents, and papers filed with the council.
3 (c) A majority of the members of the council shall
4 constitute a quorum.
5 (d) Members of the council shall serve without
6 compensation, but shall be entitled to reimbursement for per
7 diem and travel expenses in accordance with s. 112.061 while
8 in performance of their duties.
9 (5) POWERS AND DUTIES.--The Florida Film and
10 Entertainment Advisory Council shall have all the powers
11 necessary or convenient to carry out and effectuate the
12 purposes and provisions of this act, including, but not
13 limited to, the power to:
14 (a) Adopt bylaws for the governance of its affairs and
15 the conduct of its business.
16 (b) Advise and consult with the Governor's Office of
17 the Film and Entertainment Commissioner on the content,
18 development, and implementation of the 5-year strategic plan
19 to guide the activities of the office.
20 (c) Review the Film Commissioner's administration by
21 the Commissioner of Film and Entertainment of the programs
22 related to the strategic plan, and advise the commissioner on
23 the programs and any changes that might be made to better meet
24 the strategic plan.
25 (d) Consider and study the needs of the entertainment
26 industry for the purpose of advising the commissioner and the
27 Office of Tourism, Trade, and Economic Development.
28 (e) Identify and make recommendations on state agency
29 and local government actions that may have an impact on the
30 entertainment industry or that may appear to industry
31
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1 representatives as an official state or local action affecting
2 production in the state.
3 (f) Consider all matters submitted to it by the
4 commissioner and the Office of Tourism, Trade, and Economic
5 Development.
6 (g) Advise and consult with the commissioner and the
7 Office of Tourism, Trade, and Economic Development, at their
8 request or upon its own initiative, regarding the
9 promulgation, administration, and enforcement of all laws and
10 rules relating to the entertainment industry.
11 (h) Suggest policies and practices for the conduct of
12 business by the Governor's Office of the Film and
13 Entertainment Commissioner or by the Office of Tourism, Trade,
14 and Economic Development that will improve internal operations
15 affecting the entertainment industry and will enhance the
16 economic development initiatives of the state for the
17 industry.
18 (i) Appear on its own behalf before boards,
19 commissions, departments, or other agencies of municipal,
20 county, or state government, or the Federal Government.
21 Section 25. Section 288.1253, Florida Statutes, is
22 amended to read:
23 288.1253 Travel and entertainment expenses.--
24 (1) As used in this section:
25 (a) "Business client" means any person, other than a
26 state official or state employee, who receives the services of
27 representatives of the Governor's Office of the Film and
28 Entertainment Commissioner in connection with the performance
29 of its statutory duties, including persons or representatives
30 of entertainment industry companies considering location,
31
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1 relocation, or expansion of an entertainment industry business
2 within the state.
3 (b) "Entertainment expenses" means the actual,
4 necessary, and reasonable costs of providing hospitality for
5 business clients or guests, which costs are defined and
6 prescribed by rules adopted by the Office of Tourism, Trade,
7 and Economic Development, subject to approval by the
8 Comptroller.
9 (c) "Guest" means a person, other than a state
10 official or state employee, authorized by the Office of
11 Tourism, Trade, and Economic Development to receive the
12 hospitality of the Governor's Office of the Film and
13 Entertainment Commissioner in connection with the performance
14 of its statutory duties.
15 (d) "Travel expenses" means the actual, necessary, and
16 reasonable costs of transportation, meals, lodging, and
17 incidental expenses normally incurred by a traveler, which
18 costs are defined and prescribed by rules adopted by the
19 Office of Tourism, Trade, and Economic Development, subject to
20 approval by the Comptroller.
21 (2) Notwithstanding the provisions of s. 112.061, the
22 Office of Tourism, Trade, and Economic Development shall adopt
23 rules by which it may make expenditures by advancement or
24 reimbursement, or a combination thereof, to:
25 (a) The Governor, the Lieutenant Governor, security
26 staff of the Governor or Lieutenant Governor, the Film
27 Commissioner of Film and Entertainment, or staff of the
28 Governor's Office of the Film and Entertainment Commissioner
29 for travel expenses or entertainment expenses incurred by such
30 individuals solely and exclusively in connection with the
31
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1 performance of the statutory duties of the Governor's Office
2 of the Film and Entertainment Commissioner.
3 (b) The Governor, the Lieutenant Governor, security
4 staff of the Governor or Lieutenant Governor, the Film
5 Commissioner of Film and Entertainment, or staff of the
6 Governor's Office of the Film and Entertainment Commissioner
7 for travel expenses or entertainment expenses incurred by such
8 individuals on behalf of guests, business clients, or
9 authorized persons as defined in s. 112.061(2)(e) solely and
10 exclusively in connection with the performance of the
11 statutory duties of the Governor's Office of the Film and
12 Entertainment Commissioner.
13 (c) Third-party vendors for the travel or
14 entertainment expenses of guests, business clients, or
15 authorized persons as defined in s. 112.061(2)(e) incurred
16 solely and exclusively while such persons are participating in
17 activities or events carried out by the Governor's Office of
18 the Film and Entertainment Commissioner in connection with
19 that office's statutory duties.
20
21 The rules shall be subject to approval by the Comptroller
22 prior to promulgation. The rules shall require the submission
23 of paid receipts, or other proof of expenditure prescribed by
24 the Comptroller, with any claim for reimbursement and shall
25 require, as a condition for any advancement of funds, an
26 agreement to submit paid receipts or other proof of
27 expenditure and to refund any unused portion of the
28 advancement within 15 days after the expense is incurred or,
29 if the advancement is made in connection with travel, within
30 10 working days after the traveler's return to headquarters.
31 However, with respect to an advancement of funds made solely
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1 for travel expenses, the rules may allow paid receipts or
2 other proof of expenditure to be submitted, and any unused
3 portion of the advancement to be refunded, within 10 working
4 days after the traveler's return to headquarters. Operational
5 or promotional advancements, as defined in s. 288.35(4),
6 obtained pursuant to this section shall not be commingled with
7 any other state funds.
8 (3) The Office of Tourism, Trade, and Economic
9 Development shall prepare an annual report of the expenditures
10 of the Governor's Office of the Film and Entertainment
11 Commissioner and provide such report to the Legislature no
12 later than December 30 of each year for the expenditures of
13 the previous fiscal year. The report shall consist of a
14 summary of all travel, entertainment, and incidental expenses
15 incurred within the United States and all travel,
16 entertainment, and incidental expenses incurred outside the
17 United States, as well as a summary of all successful projects
18 that developed from such travel.
19 (4) The Governor's Office of the Film and
20 Entertainment Commissioner and its employees and
21 representatives, when authorized, may accept and use
22 complimentary travel, accommodations, meeting space, meals,
23 equipment, transportation, and any other goods or services
24 necessary for or beneficial to the performance of the office's
25 duties and purposes, so long as such acceptance or use is not
26 in conflict with part III of chapter 112. The Office of
27 Tourism, Trade, and Economic Development shall, by rule,
28 develop internal controls to ensure that such goods or
29 services accepted or used pursuant to this subsection are
30 limited to those that will assist solely and exclusively in
31
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1 the furtherance of the office's goals and are in compliance
2 with part III of chapter 112.
3 (5) Any claim submitted under this section shall not
4 be required to be sworn to before a notary public or other
5 officer authorized to administer oaths, but any claim
6 authorized or required to be made under any provision of this
7 section shall contain a statement that the expenses were
8 actually incurred as necessary travel or entertainment
9 expenses in the performance of official duties of the
10 Governor's Office of the Film and Entertainment Commissioner
11 and shall be verified by written declaration that it is true
12 and correct as to every material matter. Any person who
13 willfully makes and subscribes to any claim which he or she
14 does not believe to be true and correct as to every material
15 matter or who willfully aids or assists in, procures, or
16 counsels or advises with respect to, the preparation or
17 presentation of a claim pursuant to this section that is
18 fraudulent or false as to any material matter, whether or not
19 such falsity or fraud is with the knowledge or consent of the
20 person authorized or required to present the claim, commits a
21 misdemeanor of the second degree, punishable as provided in s.
22 775.082 or s. 775.083. Whoever receives an advancement or
23 reimbursement by means of a false claim is civilly liable, in
24 the amount of the overpayment, for the reimbursement of the
25 public fund from which the claim was paid.
26 Section 26. Section 288.7011, Florida Statutes, is
27 amended to read:
28 288.7011 Assistance to certified development
29 corporation.--The Office of Tourism, Trade, and Economic
30 Development is authorized to enter into contracts with a
31 nonprofit, statewide development corporation certified
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1 pursuant to s. 503 of the Small Business Investment Act of
2 1958, as amended, to permit such corporation to locate and
3 contract for administrative and technical staff assistance and
4 support, including, without limitation, assistance to the
5 development corporation in the packaging and servicing of
6 loans for the purpose of stimulating and expanding the
7 availability of private equity capital and long-term loans to
8 small businesses. Such assistance and support will cease when
9 the corporation has received state support in an amount the
10 equivalent of $250,000 per year over a 4-year 5-year period
11 beginning July 1, 1997. Any contract between the office and
12 such corporation shall specify that the records of the
13 corporation must be available for audit by the office and by
14 the Auditor General.
15 Section 27. Subsections (2) and (7) of section
16 288.901, Florida Statutes, are amended to read:
17 288.901 Enterprise Florida, Inc.; creation;
18 membership; organization; meetings; disclosure.--
19 (2) Enterprise Florida, Inc., shall establish one or
20 more corporate offices, at least one of which shall be located
21 in Leon County. The Department of Management Services may
22 establish a lease agreement program under which Enterprise
23 Florida, Inc., may hire any individual who, as of June 30,
24 1996, is employed by the Department of Commerce or who, as of
25 January 1, 1997, is employed by the Executive Office of the
26 Governor and has responsibilities specifically in support of
27 the Workforce Development Board established under s. 288.9952
28 s. 288.9620. Under such agreement, the employee shall retain
29 his or her status as a state employee but shall work under the
30 direct supervision of Enterprise Florida, Inc. Retention of
31 state employee status shall include the right to participate
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1 in the Florida Retirement System. The Department of Management
2 Services shall establish the terms and conditions of such
3 lease agreements.
4 (7) The Governor or the Governor's designee, who must
5 be from the public sector, shall serve as chairperson of the
6 board of directors. The board of directors shall biennially
7 elect one of its appointive members as vice chairperson. The
8 president shall keep a record of the proceedings of the board
9 of directors and is the custodian of all books, documents, and
10 papers filed with the board of directors, the minutes of the
11 board of directors, and the official seal of Enterprise
12 Florida, Inc.
13 Section 28. Subsection (2) of section 288.9015,
14 Florida Statutes, is amended to read:
15 288.9015 Enterprise Florida, Inc.; purpose; duties.--
16 (2) It shall be the responsibility of Enterprise
17 Florida, Inc., to aggressively market Florida's rural
18 communities and distressed urban communities as locations for
19 potential new investment, to aggressively assist in the
20 retention and expansion of existing businesses in these
21 communities, and to aggressively assist these communities in
22 the identification and development of new economic development
23 opportunities for job creation. Enterprise Florida, Inc.,
24 shall use and promote existing state programs to facilitate
25 the location of new investment, the retention and expansion of
26 existing businesses, and the identification and development of
27 new economic development opportunities for job creation. Such
28 programs include, but are not limited to: the Community
29 Contribution Tax Credit Program, as provided in ss. 220.183
30 and 624.5105; the Urban High-Crime Area Job Tax Credit Program
31 as provided in ss. 212.097 and 220.1895; the Rural Job Tax
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1 Credit Program as provided in ss. 212.098 and 220.1895; and
2 the state incentives available in enterprise zones as provided
3 in s. 290.007.
4 Section 29. Section 288.980, Florida Statutes, is
5 amended to read:
6 288.980 Military base retention; legislative intent;
7 grants program.--
8 (1)(a) It is the intent of this state to provide the
9 necessary means to assist communities with military
10 installations that would be adversely affected by federal base
11 realignment or closure actions. It is further the intent to
12 encourage communities to initiate a coordinated program of
13 response and plan of action in advance of future actions of
14 the federal Base Realignment and Closure Commission. It is
15 critical that closure-vulnerable communities develop such a
16 program to preserve affected military installations. The
17 Legislature hereby recognizes that the state needs to
18 coordinate all efforts that can facilitate the retention of
19 all remaining military installations in the state. The
20 Legislature, therefore, declares that providing such
21 assistance to support the defense-related initiatives within
22 this section is a public purpose for which public money may be
23 used.
24 (b) The Florida Defense Alliance, an organization
25 within Enterprise Florida, is designated as the organization
26 to ensure that Florida, its resident military bases and
27 missions, and its military host communities are in competitive
28 positions as the United States continues its defense
29 realignment and downsizing. The defense alliance shall serve
30 as an overall advisory body for Enterprise Florida
31 defense-related activity. The Florida Defense Alliance may
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1 receive funding from appropriations made for that purpose to
2 administered by the Office of Tourism, Trade, and Economic
3 Development and administered by Enterprise Florida, Inc.
4 (2)(a) The Office of Tourism, Trade, and Economic
5 Development is authorized to award grants based upon the
6 recommendation of Enterprise Florida, Inc., and for
7 administration by Enterprise Florida, Inc., from funds
8 specifically appropriated any funds available to it to support
9 activities related to the retention of military installations
10 potentially affected by federal base closure or realignment.
11 (b) The term "activities" as used in this section
12 means studies, presentations, analyses, plans, and modeling.
13 Staff salaries are not considered an "activity" for which
14 grant funds may be awarded. Travel costs and costs incidental
15 thereto incurred by a grant recipient shall be considered an
16 "activity" for which grant funds may be awarded.
17 (c) Except for grants issued pursuant to the Florida
18 Military Installation Reuse Planning and Marketing Grant
19 Program as described in paragraph (3)(c), the amount of any
20 grant provided to an applicant may not exceed $250,000. In
21 making recommendations to the Office of Tourism, Trade, and
22 Economic Development, Enterprise Florida, Inc., shall require
23 that an applicant:
24 1. Represent a local government with a military
25 installation or military installations that could be adversely
26 affected by federal base realignment or closure.
27 2. Agree to match at least 30 percent of any grant
28 awarded.
29 3. Prepare a coordinated program or plan of action
30 delineating how the eligible project will be administered and
31 accomplished.
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1 4. Provide documentation describing the potential for
2 realignment or closure of a military installation located in
3 the applicant's community and the adverse impacts such
4 realignment or closure will have on the applicant's community.
5 (d) In making recommendations for grant awards,
6 Enterprise Florida, Inc., the office shall consider, at a
7 minimum, the following factors:
8 1. The relative value of the particular military
9 installation in terms of its importance to the local and state
10 economy relative to other military installations vulnerable to
11 closure.
12 2. The potential job displacement within the local
13 community should the military installation be closed.
14 3. The potential adverse impact on industries and
15 technologies which service the military installation.
16 (3) The Florida Economic Reinvestment Initiative is
17 established to respond to the need for this state and
18 defense-dependent communities in this state to develop
19 alternative economic diversification strategies to lessen
20 reliance on national defense dollars in the wake of base
21 closures and reduced federal defense expenditures and the need
22 to formulate specific base reuse plans and identify any
23 specific infrastructure needed to facilitate reuse. The
24 initiative shall consist of the following three distinct grant
25 programs to be administered by Enterprise Florida, Inc. the
26 Office of Tourism, Trade, and Economic Development:
27 (a) The Florida Defense Planning Grant Program,
28 through which funds shall be used to analyze the extent to
29 which the state is dependent on defense dollars and defense
30 infrastructure and prepare alternative economic development
31 strategies. The state shall work in conjunction with
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1 defense-dependent communities in developing strategies and
2 approaches that will help communities make the transition from
3 a defense economy to a nondefense economy. Grant awards may
4 not exceed $250,000 per applicant and shall be available on a
5 competitive basis.
6 (b) The Florida Defense Implementation Grant Program,
7 through which funds shall be made available to
8 defense-dependent communities to implement the diversification
9 strategies developed pursuant to paragraph (a). Eligible
10 applicants include defense-dependent counties and cities, and
11 local economic development councils located within such
12 communities. Grant awards may not exceed $100,000 per
13 applicant and shall be available on a competitive basis.
14 Awards shall be matched on a one-to-one basis.
15 (c) The Florida Military Installation Reuse Planning
16 and Marketing Grant Program, through which funds shall be used
17 to help counties, cities, and local economic development
18 councils develop and implement plans for the reuse of closed
19 or realigned military installations, including any necessary
20 infrastructure improvements needed to facilitate reuse and
21 related marketing activities.
22
23 Applications for grants under this subsection must include a
24 coordinated program of work or plan of action delineating how
25 the eligible project will be administered and accomplished,
26 which must include a plan for ensuring close cooperation
27 between civilian and military authorities in the conduct of
28 the funded activities and a plan for public involvement. The
29 director of the Office of Tourism, Trade, and Economic
30 Development shall make the final decision on all grant awards.
31
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1 (4)(a) The Defense-Related Business Adjustment Program
2 is hereby created. Enterprise Florida, Inc., The Director of
3 the Office of Tourism, Trade, and Economic Development shall
4 coordinate the development of the Defense-Related Business
5 Adjustment Program. Funds shall be available to assist
6 defense-related companies in the creation of increased
7 commercial technology development through investments in
8 technology. Such technology must have a direct impact on
9 critical state needs for the purpose of generating
10 investment-grade technologies and encouraging the partnership
11 of the private sector and government defense-related business
12 adjustment. The following areas shall receive precedence in
13 consideration for funding commercial technology development:
14 law enforcement or corrections, environmental protection,
15 transportation, education, and health care. Travel and costs
16 incidental thereto, and staff salaries, are not considered an
17 "activity" for which grant funds may be awarded.
18 (b) In making recommendations to the Office of
19 Tourism, Trade, and Economic Development for grant awards,
20 Enterprise Florida, Inc., The office shall require that an
21 applicant:
22 1. Be a defense-related business that could be
23 adversely affected by federal base realignment or closure or
24 reduced defense expenditures.
25 2. Agree to match at least 50 percent of any funds
26 awarded by the department in cash or in-kind services. Such
27 match shall be directly related to activities for which the
28 funds are being sought.
29 3. Prepare a coordinated program or plan delineating
30 how the funds will be administered.
31
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1 4. Provide documentation describing how
2 defense-related realignment or closure will adversely impact
3 defense-related companies.
4 (5) The Retention of Military Installations Program is
5 created. The Director of the Office of Tourism, Trade, and
6 Economic Development shall coordinate and implement this
7 program. The sum of $1.2 million is appropriated from the
8 General Revenue Fund for fiscal year 1999-2000 to the Office
9 of Tourism, Trade, and Economic Development to implement this
10 program for military installations located in counties with a
11 population greater than 824,000. The funds shall be used to
12 assist military installations potentially affected by federal
13 base closure or realignment in covering current operating
14 costs in an effort to retain the installation in this state.
15 An eligible military installation for this program shall
16 include a provider of simulation solutions for war-fighting
17 experimentation, testing, and training which employs at least
18 500 civilian and military employees and has been operating in
19 the state for a period of more than 10 years.
20 (6) The director of the Office of Tourism, Trade, and
21 Economic Development may award nonfederal matching funds
22 specifically appropriated for construction, maintenance, and
23 analysis of a Florida defense workforce database. Such funds
24 will be used to create a registry of worker skills that can be
25 used to match the worker needs of companies that are
26 relocating to this state or to assist workers in relocating to
27 other areas within this state where similar or related
28 employment is available.
29 (7) Payment of administrative expenses shall be
30 limited to no more than 10 percent of any grants issued
31 pursuant to this section.
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1 (8) Enterprise Florida, Inc., The Office of Tourism,
2 Trade, and Economic Development shall develop establish
3 guidelines to implement and carry out the purpose and intent
4 of this section. The Office of Tourism, Trade, and Economic
5 Development must approve the guidelines before their
6 implementation.
7 Section 30. Subsections (8) and (12), paragraph (h) of
8 subsection (10), and paragraph (b) of subsection (14) of
9 section 288.99, Florida Statutes, are amended, and subsection
10 (15) is added to that section, to read:
11 288.99 Certified Capital Company Act.--
12 (8) ANNUAL TAX CREDIT; CLAIM PROCESS.--
13 (a) On an annual basis, on or before December 31, each
14 certified capital company shall file with the department and
15 the office, in consultation with the office department, on a
16 form prescribed by the office, for each calendar year:
17 1. The total dollar amount the certified capital
18 company received from certified investors, the identity of the
19 certified investors, and the amount received from each
20 certified investor during the calendar year.
21 2. The total dollar amount the certified capital
22 company invested and the amount invested in qualified
23 businesses, together with the identity and location of those
24 businesses and the amount invested in each qualified business.
25 3. For informational purposes only, the total number
26 of permanent, full-time jobs either created or retained by the
27 qualified business during the calendar year, the average wage
28 of the jobs created or retained, the industry sectors in which
29 the qualified businesses operate, and any additional capital
30 invested in qualified businesses from sources other than
31 certified capital companies.
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1 (b) The form shall be verified by one or more
2 principals of the certified capital company submitting the
3 form. Verification shall be accomplished as provided in s.
4 92.525(1)(b) and subject to the provisions of s. 92.525(3).
5 (c) The department office shall review the form, and
6 any supplemental documentation, submitted by each certified
7 capital company for the purpose of verifying:
8 1. That the businesses in which certified capital has
9 been invested by the certified capital company are in fact
10 qualified businesses, and that the amount of certified capital
11 invested by the certified capital company is as represented in
12 the form.
13 2. The amount of certified capital invested in the
14 certified capital company by the certified investors.
15 3. The amount of premium tax credit available to
16 certified investors.
17 (d) The Department of Revenue is authorized to audit
18 and examine the accounts, books, or records of certified
19 capital companies and certified investors for the purpose of
20 ascertaining the correctness of any report and financial
21 return which has been filed, and to ascertain a certified
22 capital company's compliance with the tax-related provisions
23 of this act.
24 (e) This subsection shall take effect January 1, 1999.
25 (10) DECERTIFICATION.--
26 (h) The department office shall send written notice to
27 the address of each certified investor whose premium tax
28 credit has been subject to recapture or forfeiture, using the
29 address last shown on the last premium tax filing.
30 (12) REPORTING REQUIREMENTS.--The office shall report
31 annually on an annual basis to the Governor, the President of
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1 the Senate, and the Speaker of the House of Representatives on
2 or before April 1:
3 (a) The total dollar amount each certified capital
4 company received from all certified investors and any other
5 investor, the identity of the certified investors, and the
6 total amount of premium tax credit used by each certified
7 investor for the previous calendar year.
8 (b) The total dollar amount invested by each certified
9 capital company and that portion invested in qualified
10 businesses, the identity and location of those businesses, the
11 amount invested in each qualified business, and the total
12 number of permanent, full-time jobs created or retained by
13 each qualified business.
14 (c) The return for the state as a result of the
15 certified capital company investments, including the extent to
16 which:
17 1. Certified capital company investments have
18 contributed to employment growth.
19 2. The wage level of businesses in which certified
20 capital companies have invested exceed the average wage for
21 the county in which the jobs are located.
22 3. The investments of the certified capital companies
23 in qualified businesses have contributed to expanding or
24 diversifying the economic base of the state.
25 (14) RULEMAKING AUTHORITY.--
26 (b) The department and the office may adopt any rules
27 necessary to carry out its duties, obligations, and powers
28 related to the administration, review, and reporting
29 provisions of this section and may perform any other acts
30 necessary for the proper administration and enforcement of
31 such duties, obligations, and powers.
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1 (15) ADDITIONAL CERTIFICATIONS.--Notwithstanding the
2 dates established in paragraphs (4)(b), (c), and (e), an
3 applicant for certification as a certified capital company may
4 file an application of the type specified in paragraph (4)(b)
5 to become a "certified capital company" under this section
6 between July 1, 2000, and September 1, 2000, in the manner
7 prescribed in subsection (4). A certified capital company
8 certified after July 1, 2000, and any certified investor
9 therein may not earn any premium tax credits allocated by the
10 office before its date of certification.
11 Section 31. Section 290.004, Florida Statutes, is
12 amended to read:
13 290.004 Definitions.--As used in ss. 290.001-290.016:
14 (1) "Community investment corporation" means a black
15 business investment corporation, a certified development
16 corporation, a small business investment corporation, or other
17 similar entity incorporated under Florida law that has limited
18 its investment policy to making investments solely in minority
19 business enterprises.
20 (2) "Department" means the Department of Commerce.
21 (2)(3) "Director" means the director of the Office of
22 Tourism, Trade, and Economic Development.
23 (3)(4) "Governing body" means the council or other
24 legislative body charged with governing the county or
25 municipality.
26 (4)(5) "Interagency coordinating council" means the
27 Enterprise Zone Interagency Coordinating Council created
28 pursuant to s. 290.009.
29 (5)(6) "Minority business enterprise" has the same
30 meaning as in s. 288.703.
31
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1 (6)(7) "Office" means the Office of Tourism, Trade,
2 and Economic Development.
3 (7) "Rural enterprise zone" means an enterprise zone
4 that is nominated by a county having a population of 75,000 or
5 fewer, or a county having a population of 100,000 or fewer
6 which is contiguous to a county having a population of 75,000
7 or fewer, or by a municipality in such a county, or by such a
8 county and one or more municipalities. An enterprise zone
9 designated in accordance with s. 370.28 shall be considered a
10 rural enterprise zone.
11 (8) "Secretary" means the Secretary of Commerce.
12 (8)(9) "Small business" has the same meaning as in s.
13 288.703.
14 Section 32. Subsections (11) and (12) of section
15 290.0056, Florida Statutes, are amended to read:
16 290.0056 Enterprise zone development agency.--
17 (11) Prior to December 1 of each year, the agency
18 shall submit to Enterprise Florida, Inc., the Office of
19 Tourism, Trade, and Economic Development a complete and
20 detailed written report setting forth:
21 (a) Its operations and accomplishments during the
22 fiscal year.
23 (b) The accomplishments and progress concerning the
24 implementation of the strategic plan.
25 (c) The number and type of businesses assisted by the
26 agency during the fiscal year.
27 (d) The number of jobs created within the enterprise
28 zone during the fiscal year.
29 (e) The usage and revenue impact of state and local
30 incentives granted during the calendar year.
31
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1 (f) Any other information required by Enterprise
2 Florida, Inc. the office.
3 (12) In the event that the nominated area selected by
4 the governing body is not designated a state enterprise zone,
5 the governing body may dissolve the agency after receiving
6 notification from the department or the office that the area
7 was not designated as an enterprise zone.
8 Section 33. Subsection (5) of section 290.0058,
9 Florida Statutes, is amended to read:
10 290.0058 Tests of pervasive poverty, unemployment, and
11 general distress.--
12 (5) In making the calculations required by this
13 section, the local government and Enterprise Florida, Inc.,
14 the department shall round all fractional percentages of
15 one-half percent or more up to the next highest whole
16 percentage figure.
17 Section 34. Subsections (1), (4), (5), (6), (7), and
18 (9) of section 290.0065, Florida Statutes, are amended to
19 read:
20 290.0065 State designation of enterprise zones.--
21 (1) Upon application to Enterprise Florida, Inc., of
22 the governing body of a county or municipality or of a county
23 and one or more municipalities jointly pursuant to s.
24 290.0055, Enterprise Florida, Inc. the department, in
25 consultation with the interagency coordinating council, shall
26 determine which areas nominated by such governing bodies meet
27 the criteria outlined in s. 290.0055 and are the most
28 appropriate for recommendation to the director of the Office
29 of Tourism, Trade, and Economic Development for designation as
30 state enterprise zones. The office department is authorized to
31 designate up to 5 areas within each of the categories
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1 established in subparagraphs (3)(a)1., 2., 3., 4., and 5.,
2 except that the office department may only designate a total
3 of 20 areas as enterprise zones. The office department shall
4 not designate more than three enterprise zones in any one
5 county. All designations, including any provision for
6 redesignations, of state enterprise zones pursuant to this
7 section shall be effective July 1, 1995.
8 (4)(a) Notwithstanding s. 290.0055, any area existing
9 as a state enterprise zone as of the effective date of this
10 section and originally approved through a joint application
11 from a county and municipality, or through an application from
12 a county as defined in s. 125.011(1), shall be redesignated as
13 a state enterprise zone upon the creation of an enterprise
14 zone development agency pursuant to s. 290.0056 and the
15 completion of a strategic plan pursuant to s. 290.0057. Any
16 area redesignated pursuant to this subsection, other than an
17 area located in a county defined in s. 125.011(1), may be
18 relocated or modified by the appropriate governmental bodies.
19 Such relocation or modification shall be identified in the
20 strategic plan and shall meet the requirements for designation
21 as established by s. 290.005. Any relocation or modification
22 shall be submitted on or before June 1, 1996.
23 (b) The office department shall place any area
24 designated as a state enterprise zone pursuant to this
25 subsection in the appropriate category established in
26 subsection (3), and include such designations within the
27 limitations on state enterprise zone designations set out in
28 subsection (1).
29 (c) Any county or municipality having jurisdiction
30 over an area designated as a state enterprise zone pursuant to
31
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1 this subsection, other than a county defined by s. 125.011(1),
2 may not apply for designation of another area.
3 (5) Notwithstanding s. 290.0055, an area designated as
4 a federal empowerment zone or enterprise community pursuant to
5 Title XIII of the Omnibus Budget Reconciliation Act of 1993,
6 the Taxpayer Relief Act of 1997, or the 1999 Agricultural
7 Appropriations Act shall be designated a state enterprise zone
8 as follows:
9 (a) An area designated as an urban empowerment zone or
10 urban enterprise community pursuant to Title XIII of the
11 Omnibus Budget Reconciliation Act of 1993 or the Taxpayer
12 Relief Act of 1997 shall be designated a state enterprise zone
13 by the office department upon completion of the requirements
14 set out in paragraph (d), except in the case of a county as
15 defined in s. 125.011(1) which, notwithstanding s. 290.0055,
16 may incorporate and include such designated urban empowerment
17 zone or urban enterprise community areas within the boundaries
18 of its state enterprise zones without any limitation as to
19 size.
20 (b) An area designated as a rural empowerment zone or
21 rural enterprise community pursuant to Title XIII of the
22 Omnibus Budget Reconciliation Act of 1993 or the 1999
23 Agricultural Appropriations Act shall be designated a state
24 enterprise zone by the office department upon completion of
25 the requirements set out in paragraph (d).
26 (c) Any county or municipality having jurisdiction
27 over an area designated as a state enterprise zone pursuant to
28 this subsection, other than a county defined in s. 125.011(1),
29 may not apply for designation of another area.
30 (d) Prior to recommending that the office designate
31 designating such areas as state enterprise zones, Enterprise
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1 Florida, Inc., the department shall ensure that the governing
2 body having jurisdiction over the zone submits the strategic
3 plan required pursuant to 7 C.F.R. part 25 or 24 C.F.R. part
4 597 to Enterprise Florida, Inc. the department, and creates an
5 enterprise zone development agency pursuant to s. 290.0056.
6 (e) The office department shall place any area
7 designated as a state enterprise zone pursuant to this
8 subsection in the appropriate category established in
9 subsection (3), and include such designations within the
10 limitations on state enterprise zone designations set out in
11 subsection (1).
12 (6)(a) The office department, in consultation with
13 Enterprise Florida, Inc., and the interagency coordinating
14 council, may develop guidelines shall promulgate any rules
15 necessary for the approval of areas under this section by the
16 director secretary.
17 (b) Such guidelines may rules shall provide for the
18 measurement of pervasive poverty, unemployment, and general
19 distress using the criteria outlined by s. 290.0058.
20 (c) Such guidelines may rules shall provide for the
21 evaluation of the strategic plan and local fiscal and
22 regulatory incentives for effectiveness, including how the
23 following key principles will be implemented by the governing
24 body or bodies:
25 1. Economic opportunity, including job creation within
26 the community and throughout the region, as well as
27 entrepreneurial initiatives, small business expansion, and
28 training for jobs that offer upward mobility.
29 2. Sustainable community development that advances the
30 creation of livable and vibrant communities through
31
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1 comprehensive approaches that coordinate economic, physical,
2 community, and human development.
3 3. Community-based partnerships involving the
4 participation of all segments of the community.
5 4. Strategic vision for change that identifies how the
6 community will be revitalized. This vision should include
7 methods for building on community assets and coordinate a
8 response to community needs in a comprehensive fashion. This
9 vision should provide goals and performance benchmarks for
10 measuring progress and establish a framework for evaluating
11 and adjusting the strategic plan.
12 5. Local fiscal and regulatory incentives enacted
13 pursuant to s. 290.0057(1)(e). These incentives should induce
14 economic revitalization, including job creation and small
15 business expansion.
16 (d) Such guidelines may rules shall provide methods
17 for evaluating the prospects for new investment and economic
18 development in the area, including a review and evaluation of
19 any previous state enterprise zones located in the area.
20 (7) Upon approval by the director secretary of a
21 resolution authorizing an area to be an enterprise zone
22 pursuant to this section, the office department shall assign a
23 unique identifying number to that resolution. The office
24 department shall provide the Department of Revenue and
25 Enterprise Florida, Inc., with a copy of each resolution
26 approved, together with its identifying number.
27 (9) Upon recommendation by Enterprise Florida, Inc.,
28 the Office of Tourism, Trade, and Economic Development may
29 amend the boundaries of any enterprise zone designated by the
30 state pursuant to this section, consistent with the
31 categories, criteria, and limitations imposed in this section
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1 upon the establishment of such enterprise zone and only if
2 consistent with the determinations made in s. 290.0058(2).
3 Section 35. Subsection (1) of section 290.0066,
4 Florida Statutes, is amended to read:
5 290.0066 Revocation of enterprise zone designation.--
6 (1) Upon recommendation by Enterprise Florida, Inc.,
7 the director may revoke the designation of an enterprise zone
8 if Enterprise Florida, Inc., the director determines that the
9 governing body or bodies:
10 (a) Have failed to make progress in achieving the
11 benchmarks set forth in the strategic plan; or
12 (b) Have not complied substantially with the strategic
13 plan.
14 Section 36. Section 290.00675, Florida Statutes, is
15 amended to read:
16 290.00675 Amendment of certain enterprise zone
17 boundaries.--Notwithstanding any other provisions of law, upon
18 recommendation by Enterprise Florida, Inc., the Office of
19 Tourism, Trade, and Economic Development may amend the
20 boundaries of an area designated as an enterprise zone in a
21 community having a population of 235,000 persons but less than
22 245,000, so long as the area does not increase the overall
23 size of the zone by greater than 25 acres and the increased
24 area is contiguous to the existing enterprise zone. The
25 amendment must also be consistent with the limitations imposed
26 by s. 290.0055 upon establishment of the enterprise zone.
27 Section 37. Section 290.00676, Florida Statutes, is
28 created to read:
29 290.00676 Amendment of rural enterprise zone
30 boundaries.--Notwithstanding any other provision of law, upon
31 recommendation by Enterprise Florida, Inc., the Office of
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1 Tourism, Trade, and Economic Development may amend the
2 boundaries of a rural enterprise zone. For purposes of
3 boundary amendments, an enterprise zone designated under s.
4 370.28 shall be considered a rural enterprise zone and is
5 eligible for amendment of its boundaries. Boundary amendments
6 authorized by this section are subject to the following
7 requirements:
8 (1) The amendment may increase the size of the rural
9 enterprise zone to 15 square miles.
10 (2) The amendment may increase the number of
11 noncontiguous areas by one, if that noncontiguous area has
12 zero population. For purposes of this subsection, the
13 pervasive poverty criteria may be set aside for the addition
14 of a noncontiguous parcel.
15 (3) The local enterprise zone development agency must
16 request the amendment from Enterprise Florida, Inc., prior to
17 December 30, 2000. The request must contain maps and
18 sufficient information to allow the office to determine the
19 number of noncontiguous areas and the total size of the rural
20 enterprise zone.
21 Section 38. Section 290.00677, Florida Statutes, is
22 created to read:
23 290.00677 Rural enterprise zones; special
24 qualifications.--
25 (1) Notwithstanding the enterprise zone residency
26 requirements set out in ss. 212.096(1)(c) and 220.03(1)(q),
27 businesses located in rural enterprise zones may receive the
28 credit provided under s. 212.096 or s. 220.181 for hiring any
29 person within the jurisdiction of a rural county, as defined
30 by s. 288.106(2)(r). All other provisions of ss. 212.096,
31 220.03(1)(q), and 220.181 apply to such businesses.
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1 (2) Notwithstanding the requirement specified in ss.
2 212.08(5)(g)5., (5)(h)5., and (15)(a), 212.096(2)(b)1.,
3 220.181(1)(a)1., and 220.182(1)(b) that no less than 20
4 percent of a business's employees, excluding temporary and
5 part-time employees, must be residents of an enterprise zone
6 for the business to qualify for the maximum exemption or
7 credit provided in ss. 212.08(5)(g) and (h) and (15),
8 212.096(2)(b)1., 220.181(1)(a)1., and 220.182, a business that
9 is located in a rural enterprise zone shall be qualified for
10 those maximum exemptions or credits if no less than 20 percent
11 of such employees of the business are residents of a rural
12 county, as defined by s. 288.106(2)(r). All other provisions
13 of ss. 212.08(5)(g) and (h) and (15), 212.096, 220.181, and
14 220.182 apply to such business.
15 (3) Notwithstanding the time limitations contained in
16 chapters 212 and 220, a business eligible to receive tax
17 credits under this section from January 1, 2000, to June 1,
18 2000, must submit an application for the tax credits by
19 December 1, 2000. All other requirements of the enterprise
20 zone program apply to such a business.
21 Section 39. Section 290.00689, Florida Statutes, is
22 amended to read:
23 290.00689 Designation of enterprise zone pilot project
24 area.--
25 (1) The Office of Tourism, Trade, and Economic
26 Development shall designate one pilot project area within one
27 state enterprise zone. The Office of Tourism, Trade, and
28 Economic Development shall select a pilot project area by July
29 1, 1999, which meets the following qualifications:
30
31
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1 (a) The area is contained within an enterprise zone
2 that is composed of one contiguous area and is placed in the
3 category delineated in s. 290.0065(3)(a)1.
4 (b) The local government having jurisdiction over the
5 enterprise zone grants economic development ad valorem tax
6 exemptions in the enterprise zone pursuant to s. 196.1995, and
7 electrical energy public service tax exemptions pursuant to s.
8 166.231(8).
9 (c) The local government having jurisdiction over the
10 enterprise zone has developed a plan for revitalizing the
11 pilot project area or for revitalizing an area within the
12 enterprise zone that contains the pilot project area, and has
13 committed at least $5 million to redevelop an area including
14 the pilot project area.
15 (d) The pilot project area is contiguous and is
16 limited to no more than 70 acres, or equivalent square miles,
17 to avoid a dilution of additional state assistance and
18 effectively concentrate these additional resources on
19 revitalizing the acute area of economic distress.
20 (e) The pilot project area contains a diverse cluster
21 or grouping of facilities or space for a mix of retail,
22 restaurant, or service related businesses necessary to an
23 overall revitalization of surrounding neighborhoods through
24 community involvement, investment, and enhancement of
25 employment markets.
26 (2)(a) Beginning December 1, 1999, no more than four
27 businesses located within the pilot project area are eligible
28 for a credit against any tax due for a taxable year under
29 chapters 212 and 220.
30 (b) The credit shall be computed as $5,000 times the
31 number of full-time employees of the business and $2,500 times
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1 the number of part-time employees of the business. For
2 purposes of this section, a person shall be deemed to be
3 employed by such a business on a full-time basis if the person
4 performs duties in connection with the operations of the
5 business for an average of at least 36 hours per week each
6 month, or on a part-time basis if the person is performing
7 such duties for an average of at least 20 hours per week each
8 month throughout the year. The person must be performing such
9 duties at a business site located in the pilot project area.
10 (c) The total amount of tax credits that may be
11 granted under this section is $1 million annually. In the
12 event Enterprise Florida, Inc., the Office of Tourism, Trade,
13 and Economic Development receives applications that total more
14 than $1 million in any year, the director shall prorate the
15 amount of tax credit each applicant is eligible to receive to
16 ensure that all eligible applicants receive a tax credit.
17 (d) In order to be eligible to apply to Enterprise
18 Florida, Inc., the Office of Tourism, Trade, and Economic
19 Development for tax credits under this section a business
20 must:
21 1. Have entered into a contract with the developer of
22 the diverse cluster or grouping of facilities or space located
23 in the pilot project area, governing lease of commercial space
24 in a facility.
25 2. Have commenced operations in the facility after
26 July 1, 1999, and before July 1, 2000.
27 3. Be a business predominantly engaged in activities
28 usually provided for consideration by firms classified under
29 the Standard Industrial Classification Manual Industry Number
30 5311, Industry Number 5399, or Industry Number 7832.
31
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1 (e) All applications for the granting of the tax
2 credits allowed under this section shall require the prior
3 review and recommendation of Enterprise Florida, Inc., and
4 approval of the director of the Office of Tourism, Trade, and
5 Economic Development. At the recommendation of Enterprise
6 Florida, Inc., the director shall establish one submittal date
7 each year for the receipt of applications for such tax
8 credits.
9 (f) Any business wishing to receive tax credits
10 pursuant to this section must submit an application to
11 Enterprise Florida, Inc., the Office of Tourism, Trade, and
12 Economic Development which sets forth the business name and
13 address and the number of employees of the business.
14 (g) Upon the recommendation of Enterprise Florida,
15 Inc., the decision of the director shall be in writing, and,
16 if approved, the application shall state the maximum credits
17 allowable to the business. A copy of the decision shall be
18 transmitted to Enterprise Florida, Inc., and to the executive
19 director of the Department of Revenue, who shall apply such
20 credits to the tax liabilities of the business firm.
21 (h) If any credit granted pursuant to this section is
22 not fully used in any one year because of insufficient tax
23 liability on the part of the business, the unused amount may
24 be carried forward for a period not to exceed 5 years.
25 (3) The Office of Tourism, Trade, and Economic
26 Development is authorized to adopt all rules necessary to
27 administer this section, including rules for the approval or
28 disapproval of applications for tax incentives by businesses.
29 (3)(4) The Department of Revenue shall adopt any rules
30 necessary to ensure the orderly implementation and
31 administration of this section.
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1 (4)(5) For purposes of this section, "business" and
2 "taxable year" shall have the same meaning as in s. 220.03.
3 (5)(6) Prior to the 2004 Regular Session of the
4 Legislature, the Office of Program Policy Analysis and
5 Government Accountability shall review and evaluate the
6 effectiveness and viability of the pilot project area created
7 under this section, using the research design prescribed
8 pursuant to s. 290.015. The office shall specifically evaluate
9 whether relief from certain taxes induced new investment and
10 development in the area; increased the number of jobs created
11 or retained in the area; induced the renovation,
12 rehabilitation, restoration, improvement, or new construction
13 of businesses or housing within the area; and contributed to
14 the economic viability and profitability of business and
15 commerce located within the area. The office shall submit a
16 report of its findings and recommendations to the Speaker of
17 the House of Representatives and the President of the Senate
18 no later than January 15, 2004.
19 (6)(7) This section shall stand repealed on June 30,
20 2010, and any designation made pursuant to this section shall
21 be revoked on that date.
22 Section 40. Section 290.00695, Florida Statutes, is
23 created to read:
24 290.00695 Enterprise zone designation for Hernando
25 County or Hernando County and Brooksville.--Hernando County,
26 or Hernando County and the City of Brooksville jointly, may
27 apply to the Office of Tourism, Trade, and Economic
28 Development for designation of one enterprise zone within the
29 county, or within both the county and the city, which zone
30 encompasses an area starting north of the City of Brooksville
31 with properties within the Gregg Mine Industrial Park; those
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1 lands located on the east side of Cobb Road south of Yontz
2 Road to the intersection of Jefferson Street and State Road
3 50; lands adjacent to the State Road 50 Bypass east to the
4 intersection of Jefferson Street and State Road 50 in the
5 southeast area of the City of Brooksville; those lands
6 encompassing the areas north and south of Summit Road from
7 Hale Avenue to the west, east to Jefferson Street; lands
8 adjacent to U.S. Route 41 from the State Road 50 Bypass south
9 to the proposed Ayers Road Extension; those lands encompassing
10 the Hernando County Airport east of U.S. Route 41 west to the
11 Suncoast Parkway with Spring Hill Drive and Powell Road to the
12 north including portions along Spring Hill Drive east and west
13 of the intersection with California Street; and those lands
14 adjacent to Anderson Snow Road and Corporate Boulevard known
15 as Holland Springs Industrial Park. The application must be
16 submitted by December 31, 2000, and must comply with the
17 requirements of s. 290.0055. Notwithstanding the provisions of
18 s. 290.0065 limiting the total number of enterprise zones
19 designated and the number of enterprise zones within a
20 population category, the Office of Tourism, Trade, and
21 Economic Development may designate one enterprise zone under
22 this section. The Office of Tourism, Trade, and Economic
23 Development shall establish the initial effective date of the
24 enterprise zone designated under this section.
25 Section 41. Section 290.00694, Florida Statutes, is
26 created to read:
27 290.00694 Enterprise zone designation for rural
28 champion communities.--An area designated as a rural champion
29 community pursuant to the Taxpayer Relief Act of 1997 may
30 apply to Enterprise Florida, Inc., for designation as an
31 enterprise zone. The application must be submitted by December
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1 31, 2000, and must comply with the requirements of s.
2 290.0055. Notwithstanding the provisions of s. 290.0065
3 limiting the total number of enterprise zones designated and
4 the number of enterprise zones within a population category,
5 the Office of Tourism, Trade, and Economic Development upon
6 recommendation of Enterprise Florida, Inc., may designate
7 enterprise zones under this section. The Office of Tourism,
8 Trade, and Economic Development shall establish the initial
9 effective date of the enterprise zones designated pursuant to
10 this section.
11 Section 42. Section 290.009, Florida Statutes, is
12 amended to read:
13 290.009 Enterprise Zone Interagency Coordinating
14 Council.--
15 (1) There is created within the Office of Tourism,
16 Trade, and Economic Development the Enterprise Zone
17 Interagency Coordinating Council. The council shall be
18 composed of the secretaries or executive directors, or their
19 designees, of the Department of Community Affairs, the Office
20 of Tourism, Trade, and Economic Development, the Department of
21 Children and Family Services, the Department of Health, the
22 Department of Juvenile Justice, the Department of Labor and
23 Employment Security, the Department of State, the Department
24 of Transportation, the Department of Environmental Protection,
25 the Department of Law Enforcement, and the Department of
26 Revenue; the Attorney General or his or her designee; and the
27 executive directors or their designees of the Florida
28 Community College System, the Florida Black Business
29 Investment Board, and the Florida State Rural Development
30 Council. Enterprise Florida, Inc., shall serve as staff to the
31 council.
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1 (2) The purpose of the council is to:
2 (a) Advise Enterprise Florida, Inc., and the office in
3 planning, developing, implementing, and performing evaluation
4 and reporting activities related to the Florida Enterprise
5 Zone Act of 1994.
6 (b) Assist in the evaluation and review of enterprise
7 zone designation applications pursuant to s. 290.0065.
8 (c) Assist in the selection of designated enterprise
9 zones for participation in the enterprise zone linked deposit
10 program pursuant to s. 290.0075.
11 (d) Encourage state agencies to administer programs in
12 a manner that supports the purposes of this act and the goals
13 and objectives of strategic enterprise zone development plans
14 prepared by local governments.
15 (3) The director of the office or his or her designee
16 shall serve as the chair of the council.
17 Section 43. Section 290.014, Florida Statutes, is
18 amended to read:
19 290.014 Annual reports on enterprise zones.--
20 (1) By February 1 of each year, the Department of
21 Revenue shall submit an annual report to Enterprise Florida,
22 Inc., the Office of Tourism, Trade, and Economic Development
23 detailing the usage and revenue impact by county of the state
24 incentives listed in s. 290.007.
25 (2) By March 1 of each year, Enterprise Florida, Inc.,
26 the office shall submit an annual report to the Governor, the
27 Speaker of the House of Representatives, and the President of
28 the Senate, and the director of the Office of Tourism, Trade,
29 and Economic Development. The report shall include the
30 information provided by the Department of Revenue pursuant to
31 subsection (1) and the information provided by enterprise zone
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1 development agencies pursuant to s. 290.0056. In addition, the
2 report shall include an analysis of the activities and
3 accomplishments of each enterprise zone, and any additional
4 information prescribed pursuant to s. 290.015.
5 Section 44. Subsection (2) of section 290.046, Florida
6 Statutes, is amended to read:
7 290.046 Applications for grants; procedures;
8 requirements.--
9 (2)(a) Except as provided in paragraph (c), each
10 eligible local government may submit an application for a
11 grant under either the housing program category or the
12 neighborhood revitalization program category during each
13 annual funding cycle. An applicant may not receive more than
14 one grant in any state fiscal year from any of the following
15 categories: housing, neighborhood revitalization, or
16 commercial revitalization.
17 (b) Except as provided in paragraph (c), each eligible
18 local government may apply during each up to three times in
19 any one annual funding cycle for grants a grant under the
20 economic development program category but shall receive
21 cumulative awards no more than the applicable grant ceiling
22 established by the department one such grant per annual
23 funding cycle under s. 290.047(2). Applications for grants
24 under the economic development program category may be
25 submitted at any time during the annual funding cycle, and
26 such grants shall be awarded no less frequently than three
27 times per funding cycle. The department shall establish
28 minimum criteria pertaining to the number of jobs created for
29 persons of low or moderate income, the degree of private
30 sector financial commitment, and the economic feasibility of
31 the proposed project and shall establish any other criteria
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1 the department deems appropriate. Assistance to a private,
2 for-profit business may not be provided from a grant award
3 unless sufficient evidence exists to demonstrate that without
4 such public assistance the creation or retention of such jobs
5 would not occur.
6 (c)1. Local governments with an open housing,
7 neighborhood revitalization, or commercial revitalization
8 contract shall not be eligible to apply for another housing,
9 neighborhood revitalization, or commercial revitalization
10 grant until administrative closeout of their existing
11 contract. The department shall notify a local government of
12 administrative closeout or of any outstanding closeout issues
13 within 45 days of receipt of a closeout package from the local
14 government. Local governments with an open housing,
15 neighborhood revitalization, or commercial revitalization
16 community development block grant contract whose activities
17 are on schedule in accordance with the expenditure rates and
18 accomplishments described in the contract may apply for an
19 economic development grant.
20 2. Local governments with an open economic development
21 community development block grant contract or contracts whose
22 activities are on schedule in accordance with the expenditure
23 rates and accomplishments described in the contract or
24 contracts may apply for a housing or neighborhood
25 revitalization and a commercial revitalization community
26 development block grant. Local governments with an open
27 economic development contract or contracts whose activities
28 are on schedule in accordance with the expenditure rates and
29 accomplishments described in the contract or contracts may
30 receive no more than one additional economic development
31
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1 grants grant in each fiscal year subject to the grant ceilings
2 established by the department under s. 290.047.
3 (d) Beginning October 1, 1988, the department shall
4 award no grant until the department has determined, based upon
5 a site visit, that the proposed area matches and adheres to
6 the written description contained within the applicant's
7 request. If, based upon review of the application or a site
8 visit, the department determines that any information provided
9 in the application which affects eligibility or scoring has
10 been misrepresented, the applicant's request shall be rejected
11 by the department pursuant to s. 290.0475(7). Mathematical
12 errors in applications which may be discovered and corrected
13 by readily computing available numbers or formulas provided in
14 the application shall not be a basis for such rejection.
15 Section 45. Subsection (7) is added to section
16 290.048, Florida Statutes, to read:
17 290.048 General powers of Department of Community
18 Affairs under ss. 290.0401-290.049.--The department has all
19 the powers necessary or appropriate to carry out the purposes
20 and provisions of the program, including the power to:
21 (7) Establish advisory committees and solicit
22 participation in the design, implementation, and evaluation of
23 the program and its linkages with other housing, community
24 development, and economic development resources.
25 Section 46. Section 290.049, Florida Statutes, is
26 repealed.
27 Section 47. Subsection (6) of section 373.4149,
28 Florida Statutes, is amended to read:
29 373.4149 Miami-Dade County Lake Belt Plan.--
30 (6) The Miami-Dade County Lake Belt Plan
31 Implementation Committee shall be appointed by the governing
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1 board of the South Florida Water Management District to
2 develop a strategy for the design and implementation of the
3 Miami-Dade County Lake Belt Plan. The committee shall consist
4 of the chair of the governing board of the South Florida Water
5 Management District, who shall serve as chair of the
6 committee, the policy director of Environmental and Growth
7 Management in the office of the Governor, the secretary of the
8 Department of Environmental Protection, the director of the
9 Division of Water Facilities or its successor division within
10 the Department of Environmental Protection, the director of
11 the Office of Tourism, Trade, and Economic Development within
12 the office of the Governor, the secretary of the Department of
13 Community Affairs, the executive director of the Game and
14 Freshwater Fish Commission, the director of the Department of
15 Environmental Resource Management of Miami-Dade County, the
16 director of the Miami-Dade County Water and Sewer Department,
17 the Director of Planning in Miami-Dade County, a
18 representative of the Friends of the Everglades, a
19 representative of the Florida Audubon Society, a
20 representative of the Florida chapter of the Sierra Club, four
21 representatives of the nonmining private landowners within the
22 Miami-Dade County Lake Belt Area, and four representatives
23 from the limestone mining industry to be appointed by the
24 governing board of the South Florida Water Management
25 District. Two ex officio seats on the committee will be filled
26 by one member of the Florida House of Representatives to be
27 selected by the Speaker of the House of Representatives from
28 among representatives whose districts, or some portion of
29 whose districts, are included within the geographical scope of
30 the committee as described in subsection (3), and one member
31 of the Florida Senate to be selected by the President of the
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1 Senate from among senators whose districts, or some portion of
2 whose districts, are included within the geographical scope of
3 the committee as described in subsection (3). The committee
4 may appoint other ex officio members, as needed, by a majority
5 vote of all committee members. A committee member may
6 designate in writing an alternate member who, in the member's
7 absence, may participate and vote in committee meetings.
8 Section 48. The Institute of Food and Agricultural
9 Sciences at the University of Florida is authorized to enter
10 into contracts with the U.S. Department of Agriculture and may
11 receive grants of money to support the Florida State Rural
12 Development Council.
13 Section 49. The Workforce Development Board of
14 Enterprise Florida, Inc., shall develop, in consultation with
15 the State Board of Community Colleges and the Division of
16 Workforce Development of the Department of Education, a policy
17 authorizing the placement of Workforce Investment Act clients
18 and other training program clients in self-employment as a
19 means job placement. Notwithstanding any other provision of
20 law, such policy shall define the conditions necessary,
21 including documentation of income, for self-employment to
22 qualify as job placement for Workforce Investment Act programs
23 and Workforce Development Education Fund programs.
24 Section 50. Extraordinary economic development
25 opportunities and threats; responsibilities of the Office of
26 Tourism, Trade, and Economic Development and Enterprise
27 Florida, Inc.; creation of Economic Development Leadership
28 Council.--
29 (1) The Office of Tourism, Trade, and Economic
30 Development, in conjunction with Enterprise Florida, Inc.,
31 shall establish a unit within the office responsible for
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1 forecasting extraordinary economic development opportunities
2 and extraordinary economic development threats with the
3 potential to affect significantly the economy of the state.
4 The unit also shall be responsible for coordinating
5 development and implementation of an action plan to address,
6 in a proactive manner, such opportunities or threats. The unit
7 shall be composed of staff members from the office and from
8 Enterprise Florida, Inc., who are designated by the director
9 of the office and the president of Enterprise Florida, Inc.
10 (2) For the purposes of this section, the term
11 "extraordinary economic development opportunity" includes an
12 economic development project, whether associated with the
13 expansion of an existing business in the state or the location
14 of a new business to the state, which has the potential to
15 result in the creation of at least 500 jobs in the state or a
16 cumulative investment in the state of at least $100 million.
17 The term "extraordinary economic development threat" includes
18 the potential loss of at least 500 jobs in the state because
19 of the reorganization, closure, or relocation out of the state
20 by an existing business in the state.
21 (3) Duties of the forecast unit in the Office of
22 Tourism, Trade, and Economic Development shall include, but is
23 not limited to:
24 (a) Analyzing market conditions for business sectors
25 that are strategically important to the state economy;
26 (b) Monitoring economic development activities in
27 other states which have the potential to affect this state;
28 (c) Reviewing and understanding trade publications for
29 business sectors that are strategically important to the state
30 economy;
31
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1 (d) Identifying private-sector points of contact
2 inside and outside the state which can provide the unit with
3 expertise and insights on matters affecting business sectors
4 that are strategically important to the state economy;
5 (e) Preparing contingency plans to enable the state to
6 respond rapidly and effectively to extraordinary economic
7 development opportunities or threats;
8 (f) Documenting lessons learned from extraordinary
9 economic development opportunities and threats once they have
10 occurred; and
11 (g) Working with local and regional economic
12 development organizations to forecast extraordinary economic
13 development opportunities and threats.
14 (4) There is created the Economic Development
15 Leadership Council, which shall be responsible for providing
16 state leadership in response to an extraordinary economic
17 development opportunity or an extraordinary economic
18 development threat.
19 (a) The council shall be composed of the following
20 members;
21 1. The Governor;
22 2. The President of the Senate;
23 3. The Speaker of the House of Representatives;
24 4. The director of the Office of Tourism, Trade, and
25 Economic Development; and
26 5. The president of Enterprise Florida, Inc.
27 (b) The council shall convene at the recommendation of
28 the director of the Office of Tourism, Trade, and Economic
29 Development. Staff of the forecast unit within the office
30 shall serve as staff to the council. The forecast unit within
31 the office shall inform the council about the extraordinary
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1 economic development opportunity or threat and shall seek the
2 advice of the council members on development and
3 implementation of a plan of action to address the opportunity
4 or threat. Staff of the forecast unit shall maintain the
5 confidentiality provided under section 288.075, Florida
6 Statutes.
7 (5) By January 31, 2001, the Office of Tourism, Trade,
8 and Economic Development, in conjunction with Enterprise
9 Florida, Inc., shall submit a report to the Governor, the
10 President of the Senate, and the Speaker of the House of
11 Representatives which includes specific recommendations for
12 vesting the Economic Development Leadership Council with
13 powers to respond to an extraordinary economic development
14 opportunity or an extraordinary economic development threat.
15 Section 51. Toolkit for Economic Development.--
16 (1) LEGISLATIVE INTENT.--The Legislature finds that
17 the state has numerous economically distressed communities
18 with a high proportion of needy families who are current or
19 former recipients of public assistance or who are at risk of
20 becoming dependent upon public assistance. The Legislature
21 also finds that the existence of safe and strong communities
22 with prosperous economies is crucial to reduce dependence on
23 public assistance and to promote employment retention and
24 self-sufficiency. It is the intent of the Legislature to
25 reduce reliance on public assistance, to promote employment
26 retention, and to increase self-sufficiency by providing
27 easily accessed and useable tools that support local
28 initiatives that create economically prosperous communities
29 for needy families.
30 (2) CREATION; PURPOSE.--There is created a program to
31 be known as the "Toolkit for Economic Development," the
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1 purpose of which is to enable economically distressed
2 communities to access easily, and use effectively, federal and
3 state tools to improve conditions in the communities and
4 thereby help needy families in the communities avoid public
5 assistance, retain employment, and become self-sufficient.
6 (3) DEFINITIONS.--For the purposes of this section, a
7 community is "economically distressed" if the community is
8 experiencing conditions affecting its economic viability and
9 hampering the self-sufficiency of its residents, including,
10 but not limited to, low per capita income, low property
11 values, high unemployment, high under-employment, low weekly
12 wages compared to the state average, low housing values
13 compared to the state or area average, high percentage of the
14 population receiving public assistance, high poverty levels
15 compared to the state average, and high percentage of needy
16 families.
17 (4) LIAISONS.--
18 (a) By August 1, 2000, the head of each of the
19 following agencies or organizations shall designate a
20 high-level staff person from within the agency or organization
21 to serve as a liaison to this program:
22 1. Office of Tourism, Trade, and Economic Development;
23 2. Office of Urban Opportunity;
24 3. Department of Community Affairs;
25 4. Department of Law Enforcement;
26 5. Department of Juvenile Justice;
27 6. Department of Transportation;
28 7. Department of Environmental Protection;
29 8. Department of Agriculture and Consumer Services;
30 9. Department of State;
31 10. Department of Health;
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1 11. Department of Children and Family Services;
2 12. Department of Corrections;
3 13. Department of Labor and Employment Security;
4 14. Department of Education;
5 15. Department of Military Affairs;
6 16. Florida Housing Finance Corporation;
7 17. Institute of Food and Agricultural Sciences;
8 18. Institute on Urban Policy and Commerce;
9 19. Florida Tourism Industry Marketing Corporation;
10 20. Enterprise Florida, Inc.;
11 21. Workforce Development Board of Enterprise Florida,
12 Inc.;
13 22. Executive Office of the Governor; and
14 23. Any other agencies or organizations as determined
15 by the coordinating partners.
16 (b) An alternate for each designee shall also be
17 chosen, and the names of the designees and alternates shall be
18 sent to the coordinating partners, which shall convene the
19 liaisons as necessary.
20 (c) Each liaison must have a comprehensive knowledge
21 of the functions, whether regulatory or service-based, of his
22 or her agency or organization. The liaison shall be the
23 primary contact for the agency or organization for the Toolkit
24 for Economic Development, assisting in expediting proposal
25 review, resolving problems, promoting flexible assistance, and
26 identifying opportunities for support within the agency or
27 organization.
28 (d) As deemed necessary by the coordinating partners,
29 liaisons shall review proposals from economically distressed
30 communities to determine if they would be properly referred or
31 submitted to their agencies or organizations. If such referral
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1 and submittal is appropriate, the liaison shall then assist
2 the community as an ombudsman.
3 (e) The liaisons shall work at the request of the
4 coordinating partners to review statutes and rules for their
5 adverse effects on economically distressed communities and to
6 develop alternative proposals to mitigate these effects.
7 (f) Liaisons shall review their agencies' or
8 organizations' evaluation and scoring procedures for grant,
9 loan, and aid programs to ensure that economically distressed
10 communities are not unfairly disadvantaged, hampered, or
11 handicapped in competing for awards because of community
12 economic hardship. If they are, new evaluation criteria and
13 scoring procedures shall be considered that recognize
14 disproportionate requirements which an application process
15 makes of a community that lacks the resources of other more
16 prosperous communities. The evaluation criteria should weight
17 contribution in proportion to the amount of resources
18 available at the local level.
19 (g) Annually, the coordinating partners shall report
20 to the Governor and the head of each agency or organization on
21 the work and accomplishments of the liaisons.
22 (5) COORDINATING PARTNERS.--
23 (a) The liaisons from the WAGES State Board of
24 Directors, or its successor organization, the Office of Urban
25 Opportunity, the Department of Community Affairs, Enterprise
26 Florida, Inc., and the Workforce Development Board of
27 Enterprise Florida, Inc., shall serve as the coordinating
28 partners of the Toolkit for Economic Development and act as an
29 executive committee for the liaisons. The coordinating
30 partners shall review any request from a Front Porch Community
31
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1 and shall provide whatever assistance that this section can
2 afford to them.
3 (b) From time to time, the coordinating partners may
4 recommend to the head of an agency or organization, approval
5 of a project that in the unanimous judgment of the
6 coordinating partners will have an extraordinary positive
7 impact on an economically distressed community. Upon such
8 recommendation, the head of an agency or organization shall
9 give priority consideration for approval of such project.
10 (6) MATCHING-FUNDS OPTIONS.--Notwithstanding any other
11 provision of law, an agency or organization may waive any
12 state-required matching-funds requirements at the request of
13 the coordinating partners. This waiver is contingent upon the
14 determination by the coordinating partners that the community
15 is fully committed to the success of a project, but lacks the
16 community resources to meet match requirements. In-kind
17 matches shall be allowed and applied as matching-funds
18 utilizing the same determination criteria. The coordinating
19 partners must unanimously endorse each request to an agency or
20 organization. Any funds appropriated to the coordinating
21 partners may be used to meet matching-funds requirements or
22 fees for federal, state, or foundation application
23 requirements.
24 (7) INVENTORY.--The coordinating partners shall
25 develop, in consultation with the liaisons, an inventory of
26 recommended federal and state tax credits, incentives,
27 inducements, programs, opportunities, demonstrations or pilot
28 programs, grants, and other resources available through the
29 agencies and organizations which could assist Front Porch
30 Florida or economically distressed communities. Each entry in
31 the inventory must include a summary; a contact person; a
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1 simple description of the application process and a timetable;
2 a profile of funding awards and funds availability; and a
3 complexity ranking. The inventory shall be organized into
4 seven categories, including:
5 (a) Leadership.--Entries that promote the skills and
6 capacities of local leaders, volunteers, organizations, and
7 employees that work on other categories of the inventory.
8 These entries shall include, but are not limited to, grants;
9 scholarships; Individual Training Accounts; Retention
10 Incentive Training Account programs; and other programs that
11 build the resident capacity to create a better community.
12 These entries shall include educational-based institutes that
13 can assist with research, consulting, technical assistance,
14 capacity building, training, and program assistance to
15 communities.
16 (b) Safety.--Entries that increase safety and reduce
17 crime. These entries shall include, but are not limited to,
18 the training and employment of public safety employees and
19 volunteers; establishing safer businesses and neighborhoods;
20 training residents in safety practices; organizing safety
21 networks and cooperatives; improving lighting; improving the
22 safety of homes, buildings, and streets; and providing for
23 community police and safety projects, including those designed
24 to protect youth in the community. Other entries may be
25 included that reinforce community and local law enforcement.
26 (c) Clean Up.--Entries that support clean up and
27 enhancement projects that quickly create visible improvements
28 in neighborhoods, including the demolition of drug havens and
29 abandoned buildings. These entries shall include, but are not
30 limited to, projects that plan, design, or implement clean up
31 strategies; main street redevelopment; and renovation
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1 projects. These entries may also include planning and
2 implementation for larger neighborhood revitalization and
3 economic development projects.
4 (d) Business.--Entries that support small business
5 development, including, but not limited to, attraction of
6 national franchises; micro-loans; guaranteed commercial loans;
7 technical assistance; self-employment; linked deposit; loan
8 loss reserves; business incubators; and other activities that
9 support the market economy.
10 (e) Schools.--Entries that upgrade schools through
11 repair or renovation, as well as training and employment
12 entries to assist with school transportation, services, and
13 security. These entries shall include, but are not limited to,
14 programs that enable school-based childcare; before, after,
15 and summer school programs; programs that broaden the use of
16 school facilities as a hub and haven within the community;
17 scholarships; and grant programs that assist families and
18 individuals to complete and enhance their education.
19 (f) Partners.--Entries that provide tax credits,
20 incentives, and other inducements to businesses that
21 contribute to community projects, such as the community
22 contribution tax credit under sections 220.183 and 624.5105,
23 Florida Statutes. These entries shall include any programs
24 that help raise federal or foundation grant funds.
25 (g) Redevelopment.--Entries that support the planning,
26 preparation, construction, marketing, and financing of
27 residential, mixed-use, and commercial redevelopment, as well
28 as residential and business infrastructure projects. These
29 entries shall include, but are not limited to, the workforce
30 development programs that influence business decisions such as
31 the Quick-Response Training Program and Quick-Response
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1 Training Program for Work and Gain Economic Self-sufficiency
2 (WAGES) participants.
3 (8) START-UP INITIATIVE.--
4 (a) Subject to legislative appropriation and the
5 provisions of this act, the Start-Up Initiative is created to
6 promote the use of the inventory, to boost a community's
7 efforts, and to ensure that federal funds do not go unexpended
8 or unobligated, or are not returned to federal agencies.
9 (b) The coordinating partners, in consultation with
10 the liaisons, local economic development organizations, and
11 regional workforce development boards, shall identify 15
12 communities, seven of which must be from the state's seven
13 largest counties, three of which must be from rural counties,
14 and five of which must be from other counties in the state.
15 These communities must be compact, congruent, and contiguous
16 census tracts that have high concentrations of needy families
17 who are current, former, or likely recipients of public
18 assistance. To the maximum extent possible, these communities
19 should coincide with federal empowerment zones, enterprise
20 communities, or similar designations; HOPE VI communities;
21 Front Porch Florida communities; enterprise zones established
22 under chapter 290 or chapter 370, Florida Statutes;
23 Neighborhood Improvement Districts established under chapter
24 163, Florida Statutes; community redevelopment areas
25 established under chapter 163, Florida Statutes; and Urban
26 High Crime Areas or Rural Job Tax Credit Areas established
27 under chapter 212, Florida Statutes.
28 (c) The coordinating partners shall solicit proposals
29 from Front Porch Advisory Committees, community-based
30 organizations, local governments, and neighborhood
31 associations located in the communities identified in
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1 paragraph (b) and Front Porch communities. The coordinating
2 partners shall provide each applicant with the inventory and
3 recommendations on proposals that can be funded.
4 (d) Communities may prepare a proposal to access and
5 use various entries from the inventory which will launch or
6 boost their economic development efforts. Proposals must be no
7 more than 20 pages long and include:
8 1. A brief description of how the community would use
9 entries from the inventory in the community's economic
10 development strategy;
11 2. Specific evidence of community support for the
12 proposal from community-based organizations, local government,
13 regional workforce development boards, and local economic
14 development organizations;
15 3. Identification and commitment of local resources
16 for the proposal from community-based organizations, local
17 government, regional workforce development boards, and local
18 economic development organizations;
19 4. Identification of the specific entity or person
20 responsible for coordinating the community's proposal; and
21 5. Identification of a local fiscal entity for
22 contracting, administration, and accountability.
23 (e) The coordinating partners shall appoint a liaison
24 to assist each community with the proposal and its
25 implementation, if awarded.
26 (f) The coordinating partners shall design an
27 impartial and competitive proposal-review process and
28 evaluation criteria. Based on the evaluation criteria, up to
29 nine communities shall be designated to participate in the
30 Start Up Initiative. Once a community is designated, the
31 coordinating partners and the community's liaison will work to
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1 finalize the proposal, including the addition of funding
2 sources for each inventory entry. The finalized proposal shall
3 serve as the contract between the community and the Start-Up
4 Initiative. If sufficient funding does not exist for an entry
5 that is essential for the community's proposal or a community
6 is ineligible for a specific inventory entry, the coordinating
7 partners may allocate funding that is under their control to
8 fulfill the entry. The proposal must be operational within 3
9 months after approval.
10 (g) Proposals that would mainly result in
11 gentrification of the community, that would not employ a
12 preponderance of residents, and that predominately create
13 residences or businesses that are beyond the anticipated
14 income level of the working residents of the community are not
15 eligible.
16 (h) Proposal awards shall be obligated for federal
17 funding purposes, and shall be considered appropriated for
18 purposes of section 216.301, Florida Statutes. The
19 coordinating partners may allocate funding that is under their
20 control to fund this initiative. Any funding appropriated to
21 assist needy families, or to promote job placement and
22 employment retention, which is in excess of revenues necessary
23 to fulfill the appropriated purpose, and which may not be
24 obligated during the budget year, may be allocated to this
25 initiative to support an approved proposal.
26 (i) Any federal funds must be used for purposes
27 consistent with applicable federal law; however, the
28 coordinating partners, with the assistance of the Department
29 of Children and Family Services, shall aggressively pursue
30 innovative uses of federal funds to support projects that
31 train community leaders, upgrade individuals skills, promote
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1 safety, clean up communities, beautify neighborhoods,
2 encourage small business, stimulate employment, increase
3 educational opportunity, promote community partnering, advance
4 community redevelopment, and upgrade housing because it
5 assists needy families, promoting self-sufficiency and job
6 retention.
7 (j) The coordinating partners shall adopt procedures
8 for the Start-Up Initiative and may, if necessary, adopt,
9 through the Department of Community Affairs, emergency rules
10 to govern the submission of proposals, the evaluation of
11 proposals, the initiative awards, and the implementation
12 procedures for administration of awards.
13 (9) COMMUNITIES OF CRITICAL ECONOMIC OPPORTUNITY.--The
14 coordinating partners may recommend to the Governor up to
15 three communities of critical economic opportunity. A
16 community of critical economic opportunity must be a community
17 that is economically distressed, that presents a unique
18 economic development opportunity, and that will create more
19 than 1,000 jobs over a 5-year period. The Governor may, by
20 executive order, designate up to three communities of critical
21 economic opportunity which will establish these areas as
22 priority assignments for the liaisons and coordinating
23 partners as well as to allow the Governor, acting through
24 them, to waive criteria, requirements, or similar provisions
25 of any economic development incentive. Such incentives shall
26 include, but not be limited to: the Qualified Target Industry
27 Tax Refund Program under section 288.106, Florida Statutes,
28 the Quick Response Training Program under section 288.047,
29 Florida Statutes, the WAGES Quick Response Training Program
30 under section 288.047(10), Florida Statutes, transportation
31 projects under section 288.063, Florida Statutes, the
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1 brownfield redevelopment bonus refund under section 288.107,
2 Florida Statutes, and the job and employment tax credit
3 programs. Designation as a community of critical economic
4 opportunity under this subsection shall be contingent upon the
5 execution of a memorandum or agreement among the coordinating
6 partners; the governing body of the county; and the governing
7 bodies of any municipalities to be included within an area of
8 critical economic opportunity. Such agreement shall specify
9 the terms and conditions of the designation, including, but
10 not limited to, the duties and responsibilities of the county
11 and any participating municipalities to take actions designed
12 to facilitate the retention and expansion of existing
13 businesses in the area, as well as the recruitment of new
14 businesses to the area.
15 (10) FUNDING.--
16 (a) To implement the provisions of this act, the
17 coordinating partners are authorized to spend, contingent on a
18 specific appropriation, up to $25 million from the Temporary
19 Assistance for Needy Families (TANF) Block Grant through the
20 TANF administrative entity at the Department of Management
21 Services.
22 (b) Any expenditure from the TANF Block Grant shall be
23 in accordance with the requirements and limitations of Title
24 IV of the Social Security Act, as amended, or any other
25 applicable federal requirement or limitation in law. Prior to
26 any expenditure of such funds, the Workforce Development Board
27 of Enterprise Florida, Inc., and the secretary of the
28 Department of Children and Family Services, or his or her
29 designee, shall certify that controls are in place to ensure
30 that such funds are expended and reported in accordance with
31 the requirements and limitations of federal law. It shall be
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1 the responsibility of any entity to which funds are awarded to
2 obtain the required certification prior to any expenditure of
3 funds.
4 (11) REPORTING.--The Office of Program Policy Analysis
5 and Government Accountability and the coordinating partners,
6 shall develop measures and criteria by October 1, 2001, for
7 evaluating the effectiveness of the Toolkit for Economic
8 Development including the liaisons, coordinating partners,
9 waivers and matching options, inventory, Start-Up Initiative,
10 and Communities of Critical Economic Opportunity. The Office
11 of Program Policy and Government Accountability shall submit
12 to the Governor, the President of the Senate, and the Speaker
13 of the House of Representatives, by January 1, 2002, a report
14 detailing the progress that the Toolkit for Economic
15 Development has made toward achievement of established
16 measures.
17 (12) EXPIRATION.--This section expires June 30, 2002.
18 Section 52. Section 288.1260, Florida Statutes, is
19 created to read:
20 288.1260 Front Porch Florida Initiative.--
21 (1) LEGISLATIVE INTENT.--The Legislature finds that
22 the State of Florida has many communities that, in times of
23 general fiscal prosperity, have not experienced the same
24 levels of economic fulfillment as other areas of our state.
25 These neighborhoods and communities are often found in the
26 urban core areas of our cities, and have been the recipients
27 of top down imposed state and federal programs that have
28 lacked a comprehensive approach to revitalization. The
29 Legislature further finds that these distressed urban cores
30 have often had a narrow set of solutions imposed on them
31
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1 without regard to the unique nature of the problems that face
2 each neighborhood.
3 (2) CREATION.--The Front Porch Florida initiative will
4 be a community-based effort, giving residents the power to
5 define the causes of their problems and harnessing the
6 collective power of individual neighborhoods to craft unique
7 solutions to these problems. The Front Porch Florida
8 initiative is created to provide a comprehensive,
9 community-based approach to neighborhood revitalization in
10 Florida, engaging the resources of the state as a facilitator
11 for community solutions and a civic switchboard to match
12 communities with resources.
13 (3) PRINCIPLES.--The Front Porch Florida initiative is
14 built upon the following principles:
15 (a) Urban revitalization begins in Florida's
16 neighborhoods and not in state government. The resources for
17 solving some of their problems may reside in part in state and
18 local government, but the solutions to the unique challenges
19 of each neighborhood must come from citizens who live in these
20 neighborhoods.
21 (b) Expanded business opportunities and access to
22 capital are critical to sustaining any urban renewal efforts.
23 There must be a multi-faceted commitment of fiscal resources
24 and increased business opportunities that stimulates
25 entrepreneurship in urban core neighborhoods.
26 (c) Government cannot raise expectations beyond its
27 capacity to deliver. State and local governments have roles in
28 our urban cores, but government is not the panacea.
29 (d) An effective state urban policy must support
30 existing efforts and work with the on-going activities of
31 local communities, mayors, and municipalities. The state must
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1 also leverage faith-based and community-based groups into the
2 equation in a way that has never been tried before. Churches,
3 ministers, pastors, rabbis, and other community leaders are
4 often the greatest agents of improvement in our urban cores.
5 They must be empowered to be involved in Front Porch Florida
6 to the greatest extent possible.
7 (4) LIAISONS TO FRONT PORCH FLORIDA COMMUNITIES.--No
8 later than August 1, 2000, the head of each of the following
9 agencies or organizations shall designate a high-level staff
10 person from within the agency or organization to serve as the
11 Front Porch Florida liaison to the Front Porch Florida "A"
12 Team:
13 1. Department of Community Affairs;
14 2. Department of Law Enforcement;
15 3. Department of Juvenile Justice;
16 4. Department of Corrections;
17 5. Department of Transportation;
18 6. Department of Environmental Protection;
19 7. Department of Agriculture and Consumer Services;
20 8. Department of State;
21 9. Department of Health;
22 10. Department of Children and Family Services;
23 11. Department of Labor and Employment Security;
24 12. Department of Education;
25 13. Department of Military Affairs;
26 14. Institute of Food and Agricultural Sciences;
27 15. Enterprise Florida, Inc.;
28 16. Workforce Development Board of Enterprise Florida,
29 Inc.; and
30 17. Executive Office of the Governor.
31
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1 Each Front Porch Florida liaison must have comprehensive
2 knowledge of his or her agency's functions. This person shall
3 be the primary point of contact for his or her agency on
4 issues and projects relating to economically distressed
5 communities, shall ensure a prompt effective response to
6 problems arising with regard to community issues, and shall
7 assist in the identification of opportunities for preferential
8 awards of program funds to facilitate the civic switchboard
9 function of Front Porch Florida.
10 (5) INVENTORY.--Front Porch Florida communities shall
11 use the inventory of federal and state resources developed as
12 part of the Toolkit for Economic Development to facilitate
13 solutions to their unique challenges.
14 (6) SELECTION OF FRONT PORCH FLORIDA COMMUNITIES.--
15 (a) The Office of Urban Opportunity, created in
16 section 14.2015(9)(a), Florida Statutes, will solicit
17 applications from Florida communities that wish to be
18 designated as Front Porch Florida communities. The application
19 should specify the boundaries of the nominated area, quantify
20 the need for revitalization, demonstrate a history of
21 grass-roots activities in the neighborhood, and identify the
22 resources within each community that will contribute to their
23 success as Front Porch Florida communities.
24 (b) Successful applications for designation may
25 include strategies for expanding business opportunities and
26 access to capital, closing the gap in education, building upon
27 the activities of faith-based and community-based groups,
28 providing affordable, quality housing, strengthening public
29 safety, and creating a healthy environment.
30 (c) Upon designation as a Front Porch Florida
31 community, the neighborhood will form a Governor's
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1 Revitalization Council, comprised of partners and stakeholders
2 in each community. Each council should be representative of
3 the broad diversity and interests in the community and should
4 include residents, neighborhood associations, faith-based
5 organizations, and community-based organizations. Each council
6 should also develop partnerships with local government, law
7 enforcement agencies, lenders, schools, and health care
8 providers. Each council will prepare a specialized
9 Neighborhood Action Plan that will assist the Office of Urban
10 Opportunity in identifying and garnering the resources that
11 are needed to help successfully implement community
12 revitalization.
13 (7) MONITORING AND REPORTING.--The Office of Urban
14 Opportunity shall require each designated Front Porch Florida
15 community to submit a monthly report which details the
16 activities and accomplishments of the neighborhood. On a
17 quarterly basis, each designated community must submit a
18 report that specifically addresses the elements of each
19 Neighborhood Action Plan to determine progress toward
20 achieving stated goals. The community's Governor's
21 Revitalization Council will submit an annual progress report
22 as part of their recertification process in order to maintain
23 designation as a Front Porch Florida community.
24 Section 53. Section 239.521, Florida Statutes, is
25 created to read:
26 239.521 Information-technology workforce-development
27 projects.--The Legislature recognizes that
28 information-technology industries are adding substantial
29 numbers of high-paying, high-technology jobs in the state. The
30 Legislature also recognizes the important contribution of this
31 industry as one of the targeted industries vital to the
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1 state's current and future economic growth. The Legislature
2 further recognizes that information-technology industries are
3 in need of a highly skilled workforce to meet the growing
4 demands of the industry as well as to address the needs of
5 additional information-technology companies relocating to the
6 state. The Information Technology Development Task Force,
7 appointed by the 1999 Florida Legislature for the study of key
8 issues in the development of the state's economy, recommended
9 several means for further supporting this valued industry.
10 Therefore, it is the intent of the Legislature that the
11 following initiatives be funded to support the workforce needs
12 of this growing industry consistent with recognized needs of
13 the state.
14 (1) COMPREHENSIVE DISTANCE-LEARNING CURRICULUM
15 INITIATIVES.--
16 (a) The Legislature recognizes that there are multiple
17 levels of employee competencies embedded within the various
18 information-technology-industry jobs. Using these competencies
19 as the basis of a curriculum for training incumbent workers to
20 develop additional skills and potential workers to develop
21 entry-level skills, the Legislature intends that a
22 comprehensive vocational-certificate or 2-year
23 distance-learning curriculum be developed.
24 (b) The comprehensive distance-learning initiative
25 involves the State Technology Office and the State Board of
26 Community Colleges acting through the Florida Community
27 College Distance Learning Consortium to ensure that the
28 curriculum is up-to-date, responsive to industry's changing
29 needs, and delivered in the most cost-effective manner
30 possible. The development of the distance-learning curriculum
31 for statewide dissemination is to be co-built by industry
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1 content experts and educational providers. The process should
2 coordinate the existing efforts of individual institutions and
3 consortiums into a combined, comprehensive, and cohesive
4 methodology for providing training through the use of
5 technology and should involve:
6 1. A statewide review of existing distance-learning
7 courses;
8 2. Evaluation and purchase of appropriate
9 off-the-shelf products to be licensed for use on a statewide
10 basis; and
11 3. Development of missing competency training using
12 multi-media methodologies.
13 (c) The comprehensive distance-learning curriculum
14 developed under this subsection will be by one or more
15 institutions or consortiums. Participation in this project
16 will be competitively based and approved by the State Board of
17 Community Colleges based upon recommendations of the Florida
18 Community College Distance Learning Consortium. Participants
19 must meet the following criteria:
20 1. Experience in providing training for
21 information-technology companies.
22 2. Availability of technical infrastructure to support
23 this project.
24 3. Endorsement from information-technology
25 economic-development agencies and local information-technology
26 business commitments to be actively involved.
27 4. Demonstrated multi-media course and program
28 development capabilities.
29 5. Existing consortium efforts.
30 6. Availability of local support.
31
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1 (d) Contingent on a specific appropriation, these
2 funds must be used to support, among others, salaries,
3 licensing commercial courseware, purchasing existing
4 courseware and equipment, and related course-development
5 expenses.
6 (2) INFORMATION TECHNOLOGY INTERNSHIP OPPORTUNITIES
7 FOR FACULTY AND STUDENTS.--
8 (a) The Legislature recognizes that the preparedness
9 of both high school and postsecondary education students
10 emerging from an educational experience ready to enter the
11 information-technology workplace is dependent upon the quality
12 of instruction provided by faculty and information-technology
13 business interaction with their program of study. The
14 Legislature further recognizes that faculty at high school and
15 postsecondary school levels are better able to integrate
16 technology and current business standards into the curriculum
17 if they can verify from personal experience and knowledge the
18 importance of these for students' future success. Faculty also
19 require the ability to continuously update their knowledge and
20 skills as technology changes, and faculty will be able to
21 increase their skills and knowledge from structured internship
22 opportunities within information-technology businesses.
23 Further, students gain increased knowledge and skills from
24 on-the-job training and direct work experience in a structured
25 internship opportunity. The Legislature, therefore, creates
26 the Information Technology Internship Program to encourage and
27 support information-technology-program faculty and student
28 internships with direct exposure to information-technology
29 industries. The Legislature further intends that the program
30 will provide a minimum of 200 faculty and 200 student
31 internships at various locations across the state.
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1 (b) Local faculty and student internship initiatives
2 will be selected to be part of this project by the State
3 Technology Office, based on the following criteria:
4 1. Information-technology businesses providing faculty
5 and student internships will pay 50 percent of the salary for
6 each intern as well as provide workers' compensation benefits.
7 2. Economic-development agencies such as chambers of
8 commerce, economic-development commissions, or regional
9 consortia will be eligible to apply and serve as a local
10 fiscal agent for the program.
11 3. Establishment of qualifying criteria and process
12 for matching faculty and students with business-internship
13 opportunities.
14 4. Priority will be given to existing local efforts
15 that have proven successful and can be duplicated statewide.
16 5. Projects may be combined with federal tax-relief
17 efforts encouraging educational internship programs.
18 (c) Salaries and other conditions of work shall be set
19 by the Commissioner of Education, the Executive Director of
20 the Florida Community College System, and the Chancellor of
21 the State University System.
22 (d) The Division of Workforce Development of the
23 Department of Education shall assume administrative
24 responsibility and act as fiscal agent for the
25 information-technology internships.
26 (e) Contingent on a specific appropriation, these
27 funds must be used to support programs established under this
28 subsection on a statewide basis.
29 (3) INFORMATION-TECHNOLOGY-TRAINING
30 FACILITY-IMPROVEMENT-STRATEGY INITIATIVES.--
31
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1 (a) The Legislature recognizes that
2 information-technology businesses need increased numbers of
3 highly skilled workers. The shortage of a qualified labor
4 force has become a barrier to this dynamic industry's
5 continued growth in the state. The limited numbers of highly
6 skilled incumbent workers constantly need to update skills in
7 response to the evolving technologies and in order to move to
8 higher-paid positions within the industry. These incumbent
9 workers require a continuous work-and-learn cycle to maintain
10 their knowledge of new technologies and tools. Businesses
11 demand cutting-edge training opportunities for their employees
12 in order to meet the constantly changing globally competitive
13 marketplace. The Legislature recognizes that increased
14 accessibility and quality facilities are required to address
15 the increasing efforts of educational institutions to respond
16 to information-technology businesses and that
17 information-technology-training providers are expected to have
18 appropriate facilities to address the needs of this dynamic
19 industry. The Legislature further recognizes that additional
20 high-tech labs are required to provide the training for
21 computer-systems engineers, software developers, and related
22 cutting-edge job types. These labs are more expensive than
23 regular facilities because of the additional infrastructure
24 and continuous turnover of equipment in response to changes in
25 global technology. Therefore, it is the intent of the
26 Legislature to provide a process and funding for appropriate
27 and needed information-technology-training-facility upgrades.
28 (b) The State Board of Community Colleges will
29 administer funds appropriated under paragraph (c) for
30 distribution on a competitive basis by October 1 of each year
31 to support approved projects. Projects may address upgrading
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1 current facilities, planning new facilities, and combining the
2 efforts of institutions to serve the information-technology
3 business sector through state-of-the-art training facilities
4 designated to address the multi-media needs of this industry.
5 The projects would be competitively selected based on the
6 following criteria:
7 1. A concentration of information-technology
8 industries and workers in the service area.
9 2. Other local funding initiatives or federal funding
10 of an equal value to the state funds requested. These funds
11 must demonstrate a synergistic effort to support
12 information-technology industries.
13 3. Priority may be given to projects, including
14 partnership effort between two or more educational
15 institutions, so that a broader range of educational services
16 may be provided for information-technology industries.
17 4. Priorities may be given to projects that include
18 partnerships with a local municipality, county, or
19 economic-development agency as a way of demonstrating a
20 synergy of efforts to support this industry.
21 (c) Contingent on a specific appropriation, these
22 funds must be used to support two or more projects approved
23 under this subsection.
24 Section 54. Present subsections (4) through (8) of
25 section 240.311, Florida Statutes, are redesignated as
26 subsections (5) through (9), respectively, and a new
27 subsection (4) is added to that section to read:
28 240.311 State Board of Community Colleges; powers and
29 duties.--
30 (4) The State Board of Community Colleges shall
31 identify, using the Critical Jobs Initiative, the occupational
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1 forecasting process, or any other compatible mechanism, a
2 collection of programs designed to train broadband digital
3 media specialists. Programs identified by the board shall be
4 added to the statewide lists for demand occupations, if they
5 meet the high-skill/high-wage criteria as established by the
6 Workforce Estimating Conference created under s. 216.136(10).
7 Section 55. Subsection (5) is added to section
8 240.3341, Florida Statutes, to read:
9 240.3341 Incubator facilities for small business
10 concerns.--
11 (5) Community colleges are encouraged to establish
12 incubator facilities through which emerging small businesses
13 supportive of the development of content and technology for
14 digital broadband media and digital broadcasting may be
15 served.
16 Section 56. Section 240.710, Florida Statutes, is
17 created to read:
18 240.710 Digital Media Education Coordination Group.--
19 (1) The Board of Regents shall create a Digital Media
20 Education Coordination Group composed of representatives of
21 the universities within the State University System which
22 shall work in conjunction with the State Board of Community
23 Colleges and the Articulation Coordinating Committee on the
24 development of a plan to enhance Florida's ability to meet the
25 current and future workforce needs of the digital media
26 industry. The following purposes of the group shall be
27 included in its plan-development process:
28 (a) Coordination of the use of existing academic
29 programs, research, and faculty resources to promote the
30 development of a digital media industry in Florida;
31
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1 (b) Addressing strategies to improve opportunities for
2 interdisciplinary study and research within the emerging field
3 of digital media through the development of tracts in existing
4 degree programs, new interdisciplinary degree programs, and
5 interdisciplinary research centers; and
6 (c) Addressing the sharing of resources among
7 universities in such a way as to allow a student to take
8 courses from multiple departments or multiple educational
9 institutions in pursuit of competency, certification, and
10 degrees in digital information and media technology.
11 (2) Where practical, private accredited institutions
12 of higher learning in Florida should be encouraged to
13 participate.
14 (3) In addition to the elements of the plan governed
15 by the purposes described in subsection (1), the plan shall
16 include, to the maximum extent practicable, the coordination
17 of educational resources to be provided by distance learning
18 and shall facilitate, to the maximum extent, possible
19 articulation and transfer of credits between community
20 colleges and the state universities. The plan must address
21 student enrollment in affected programs with emphasis on
22 enrollment beginning as early as the Fall Term in 2001.
23 (4) The Digital Media Education Coordination Group
24 shall submit its plan to the President of the Senate and the
25 Speaker of the House of Representatives by January 1, 2001.
26 Section 57. The Workforce Development Board of
27 Enterprise Florida, Inc., should reserve up to $1 million of
28 funds dedicated in Fiscal Year 2000-2001 for Incumbent Worker
29 Training for the digital media industry. Training may be
30 provided by public or private training providers for broadband
31 digital media jobs listed on the Occupational Forecast List
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1 developed by the Workforce Estimating Conference or the
2 Targeted Occupations List of the Workforce Development Board.
3 Programs that operate outside the normal semester time periods
4 and coordinate the use of industry and public resources should
5 be given priority status for such reserved funds.
6 Section 58. The Workforce Development Board of
7 Enterprise Florida, Inc., shall by August 31, 2000, develop a
8 plan for the use of Targeted Assistance to Needy Families
9 funds, Workforce Investment Act funds, Quick Response funds,
10 Incumbent Worker Training funds, and other training-related
11 resources to enhance the workforce of digital-media-related
12 industries. The plan must provide the industries with a
13 program to train and assess the status of industry workforce
14 readiness for the digital era and should be done in
15 conjunction with the broadcast and cable industries.
16 Section 59. The sum of $1 million is appropriated from
17 the General Revenue Fund to the Digital Media Education
18 Infrastructure Fund for the 2000-2001 fiscal year, provided
19 such infrastructure fund is enacted into law as a result of
20 action taken during the 2000 Regular Session of the
21 Legislature. The Office of Tourism, Trade, and Economic
22 Development shall be responsible for contracting with eligible
23 entities for receipt of such funds. The funds must be spent
24 according to the priorities established by the industry sector
25 group on broadband digital media established by Enterprise
26 Florida, Inc., and must be matched by industry contributions.
27 Section 60. Enterprise Florida, Inc., shall convene an
28 organizational meeting for industries involved in broadband
29 digital media to organize and facilitate future activities of
30 associated industry groups or facilitate the ongoing
31 activities of a similar group. Enterprise Florida, Inc., shall
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1 make all necessary preparations to identify and designate a
2 digital-media sector as part of its sector strategy and
3 identify the sector as a priority recruitment/retention set of
4 industries.
5 Section 61. (1) Enterprise Florida, Inc., shall award
6 a contract for the establishment of a digital media incubator
7 to encourage companies developing content and technology for
8 digital broadband media and digital broadcasting to locate and
9 develop their businesses in Florida. Qualifications of an
10 applicant for a contract as a digital media incubator shall at
11 a minimum include the following:
12 (a) Demonstrated expertise in developing content and
13 technology for digital broadband media and digital
14 broadcasting;
15 (b) Demonstrated ability in venture capital
16 fund-raising;
17 (c) Demonstrated expertise in the development of
18 digital media businesses; and
19 (d) Demonstrated ability in coordinating public and
20 private educational institutions and business entities in
21 digital technology joint business ventures. The awarding of
22 the contract must follow the procedures outlined in chapter
23 287, Florida Statutes.
24 (2) There is appropriated the sum of $2 million from
25 the General Revenue Fund to Enterprise Florida, Inc., for the
26 purpose of providing operational and investment seed funding
27 to encourage the financial and strategic participation of
28 venture capital firms, corporate and institutional sponsors,
29 and targeted start-up companies in the establishment of the
30 digital incubator. Initial state investment in the incubator
31 must be matched with contributions from the industry with
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1 participating industry partners, including, but not limited
2 to, venture capitalists, digital media manufacturers, and
3 digital media content providers.
4 (3) Maximized leveraging of funds must be a priority
5 consideration in the location of the digital media incubator.
6 Consideration must be given to collocation of the incubator
7 with an existing state of the art media lab or an upgraded or
8 newly created media lab funded through the Digital Media
9 Education Infrastructure Fund in the Office of Tourism. Trade,
10 and Economic Development.
11 Section 62. ITFlorida, in consultation with Enterprise
12 Florida, Inc., shall develop a marketing plan to promote the
13 state as digital-media-friendly, as a digital-media-ready
14 environment, and as a national leader in the development and
15 distribution of broadband digital media content, technology,
16 and education. The marketing plan must identify critical roles
17 for various public and private partners and establish a
18 marketing timeline and goals. The plan must be completed by
19 December 31, 2000.
20 Section 63. The provisions of this act relating to
21 workforce or economic development for digital media are
22 subject to legislative appropriation.
23 Section 64. Subsections (3) and (6) of section 311.07,
24 Florida Statutes, are amended to read:
25 311.07 Florida seaport transportation and economic
26 development funding.--
27 (3)(a) Program funds shall be used to fund approved
28 projects on a 50-50 matching basis with any of the deepwater
29 ports, as listed in s. 403.021(9)(b), which is governed by a
30 public body or any other deepwater port which is governed by a
31 public body and which complies with the water quality
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1 provisions of s. 403.061, the comprehensive master plan
2 requirements of s. 163.3178(2)(k), the local financial
3 management and reporting provisions of part III of chapter
4 218, and the auditing provisions of s. 11.45(3)(a)4. Program
5 funds also may be used by the Seaport Transportation and
6 Economic Development Council to develop trade market and
7 shipping with the Florida Trade Data Center such trade data
8 information products which will assist Florida's seaports and
9 international trade.
10 (b) Projects eligible for funding by grants under the
11 program are limited to the following port facilities or port
12 transportation projects:
13 1. Transportation facilities within the jurisdiction
14 of the port.
15 2. The dredging or deepening of channels, turning
16 basins, or harbors.
17 3. The construction or rehabilitation of wharves,
18 docks, structures, jetties, piers, storage facilities, cruise
19 terminals, automated people mover systems, or any facilities
20 necessary or useful in connection with any of the foregoing.
21 4. The acquisition of container cranes or other
22 mechanized equipment used in the movement of cargo or
23 passengers in international commerce.
24 5. The acquisition of land to be used for port
25 purposes.
26 6. The acquisition, improvement, enlargement, or
27 extension of existing port facilities.
28 7. Environmental protection projects which are
29 necessary because of requirements imposed by a state agency as
30 a condition of a permit or other form of state approval; which
31 are necessary for environmental mitigation required as a
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1 condition of a state, federal, or local environmental permit;
2 which are necessary for the acquisition of spoil disposal
3 sites and improvements to existing and future spoil sites; or
4 which result from the funding of eligible projects listed
5 herein.
6 8. Transportation facilities as defined in s.
7 334.03(31) which are not otherwise part of the Department of
8 Transportation's adopted work program.
9 9. Seaport intermodal access projects identified in
10 the 5-year Florida Seaport Mission Plan as provided in s.
11 311.09(3) and seaport freight mobility plans as provided in s.
12 311.14.
13 10. Construction or rehabilitation of port facilities
14 as defined in s. 315.02 in ports listed in s. 311.09(1) with
15 operating revenues of $5 million or less, provided such
16 projects create economic development opportunities, capital
17 improvements, and positive financial returns to such ports.
18 (c) To be eligible for consideration by the council
19 pursuant to this section, a project must be consistent with
20 the port comprehensive master plan which is incorporated as
21 part of the approved local government comprehensive plan as
22 required by s. 163.3178(2)(k) or other provisions of the Local
23 Government Comprehensive Planning and Land Development
24 Regulation Act, part II of chapter 163.
25 (6) The Department of Transportation shall subject any
26 project that receives funds pursuant to this section and s.
27 320.20 to a final audit. The department shall may adopt rules
28 and perform such other acts as are necessary or convenient to
29 ensure that the final audits are conducted and that any
30 deficiency or questioned costs noted by the audit are
31 resolved.
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1 Section 65. Section 331.368, Florida Statutes, is
2 amended to read:
3 331.368 Florida Space Research Institute.--
4 (1) There is created the Florida Space Research
5 Institute, the purpose of which is to serve as an
6 industry-driven center for research, leveraging the state's
7 resources in a collaborative effort to support Florida's space
8 industry and its expansion, diversification, and transition to
9 commercialization.
10 (2) The institute shall operate as a public/private
11 partnership under the direction of a board composed comprised
12 of:
13 (a) A representative of the Spaceport Florida
14 Authority.
15 (b) A representative of Enterprise Florida, Inc.
16 (c) A representative of the Florida Aviation Aerospace
17 Alliance.
18 (d) A representative of the Florida Space Business
19 Roundtable.
20 (e) Additional private-sector representatives from the
21 space industry selected collaboratively by the core members
22 specified in paragraphs (a)-(d). The additional space industry
23 representatives under this paragraph must comprise the
24 majority of members of the board and must be from geographic
25 regions throughout the state.
26 (f) Two representatives from the educational community
27 who are selected collaboratively by the core members specified
28 in paragraphs (a)-(d) and who are engaged in research or
29 instruction related to the space industry. One representative
30 must be from a community college and one representative must
31 be from a public or private university.
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1
2 Annually, the members of the board shall select one of the
3 members to serve as chair, who shall be responsible for
4 convening and leading meetings of the board. representatives
5 of the Spaceport Florida Authority, Enterprise Florida, Inc.,
6 the Florida Aviation and Aerospace Alliance, and four
7 additional space industry representatives selected by the core
8 membership of the board.
9 (3) The board of the Florida Space Research Institute
10 shall:
11 (a) Set the strategic direction for the space-related
12 institute, including research priorities of the state and its
13 space-related businesses, the scope of research projects for
14 the institute, and the timeframes for completion.
15 (b) Invite the participation of public and private
16 universities, including, but not limited to, the University of
17 Central Florida, the University of Florida, the University of
18 South Florida, Florida State University, Florida Institute of
19 Technology, and the University of Miami.
20 (c) Select a lead university to:
21 1. Serve as coordinator of research and as the
22 administrative entity of the institute;.
23 2. Support the institute's development of a statewide
24 space research agenda and programs; and
25 3. Develop, and update as necessary, a report
26 recommending ways that the state's public and private
27 universities can work in partnership to support the state's
28 space-industry requirements, which report must be completed by
29 December 15, 2000.
30 (d) Establish a partnership with the state Workforce
31 Development Board, or its successor entity, under which the
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1 institute coordinates the workforce-training requirements
2 identified by the space industry and supports development of
3 workforce-training initiatives to meet such requirements,
4 using training providers approved by the board or its
5 successor entity.
6 (e) Co-manage, with the National Aeronautics and Space
7 Administration and subject to the terms of an agreement with
8 NASA, operation of a Space Experiment Research and Processing
9 Laboratory, if such a facility is constructed on land of the
10 John F. Kennedy Space Center. The institute shall carry out
11 such responsibility through a consortium of public and private
12 universities in the state led by the University of Florida.
13 (f) Develop initiatives to foster the participation of
14 the state's space industry in the International Space Station
15 and to help the state maintain and enhance its competitive
16 position in the commercial space-transportation industry.
17 (g) Pursue partnerships with the National Aeronautics
18 and Space Administration to coordinate and conduct research in
19 fields, including, but not limited to, environmental
20 monitoring; agriculture; aquatics; resource reutilization
21 technologies for long-duration space missions; and spaceport
22 technologies which support current or next-generation launch
23 vehicles and range systems.
24 (h) Pursue partnerships with the National Aeronautics
25 and Space Administration for the conduct of space-related
26 research using computer technology to connect experts in a
27 given field of science who are in disparate locations and to
28 perform research experiments in a real-time, virtual
29 environment.
30 (4) By December 15 1 of each year, the institute shall
31 submit a report of its activities and accomplishments for the
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1 prior fiscal year to the Governor, the President of the
2 Senate, and the Speaker of the House of Representatives. The
3 report shall also include recommendations regarding actions
4 the state should take to enhance the development of
5 space-related businesses, including:
6 (a) Future research activities.
7 (b) The development of capital and technology
8 assistance to new and expanding industries.
9 (c) The removal of regulatory impediments.
10 (d) The establishment of business development
11 incentives.
12 (e) The initiation of education and training programs
13 to ensure a skilled workforce.
14 Section 66. Space Industry Workforce Initiative.--
15 (1) The Legislature finds that the space industry is
16 critical to the economic future of the state and that the
17 competitiveness of the industry in the state depends upon the
18 development and maintenance of a qualified workforce. The
19 Legislature further finds that the space industry in this
20 state has diverse and complex workforce needs, including, but
21 not limited to, the need for qualified entry-level workers,
22 the need to upgrade the skills of technician-level incumbent
23 workers, and the need to ensure continuing education
24 opportunities for workers with advanced educational degrees.
25 It is the intent of the Legislature to support programs
26 designed to address the workforce development needs of the
27 space industry in this state.
28 (2) The Workforce Development Board of Enterprise
29 Florida, Inc., or it successor entity, shall coordinate
30 development of a Space Industry Workforce Initiative in
31 partnership with the Florida Space Research Institute, the
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1 institute's consortium of public and private universities,
2 community colleges, and other training providers approved by
3 the board. The purpose of the initiative is to use or revise
4 existing programs and to develop innovative new programs to
5 address the workforce needs of the space industry.
6 (3) The initiative shall emphasize:
7 (a) Curricula content and timeframes developed with
8 industry participation and endorsed by the industry;
9 (b) Programs that certify persons completing training
10 as meeting industry-approved standards or competencies;
11 (c) Use of distance-learning and computer-based
12 training modules as appropriate and feasible;
13 (d) Industry solicitation of public and private
14 universities to develop continuing education programs at the
15 master's and doctoral levels;
16 (e) Agreements with the National Aeronautics and Space
17 Administration to replicate on a national level successful
18 training programs developed through the initiative; and
19 (f) Leveraging of state and federal workforce funds.
20 (4) The Workforce Development Board of Enterprise
21 Florida, Inc., or its successor entity, with the assistance of
22 the Florida Space Research Institute, shall convene
23 representatives from the space industry to identify the
24 priority training and education needs of the industry and to
25 appoint a team to design programs to meet such priority needs.
26 (5) The Workforce Development Board of Enterprise
27 Florida, Inc., or its successor entity, as part of its
28 statutorily prescribed annual report to the Legislature, shall
29 provide recommendations for policies, programs, and funding to
30 enhance the workforce needs of the space industry.
31
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1 Section 67. Section 331.3685, Florida Statutes, is
2 created to read:
3 331.3685 Florida Space-Industry Research-Development
4 Program.--
5 (1) There is created the Florida Space-Industry
6 Research-Development Program within the Florida Space Research
7 Institute to finance space-industry research and other support
8 projects and programs that will improve the statewide
9 development of space-related economic and academic
10 opportunities.
11 (2) State taxes imposed pursuant to chapter 212 which
12 are collected at the Kennedy Space Center Visitor Complex
13 shall be retained by the complex and distributed to the
14 Florida Space Research Institute as provided by s. 212.08(18)
15 and shall be used to fund the Florida Space-Industry
16 Research-Development Program. As part of the annual report
17 under s. 331.368(4), the institute shall submit a complete
18 accounting each year of funds distributed and expended under
19 this program. Any funds distributed in a given fiscal year
20 that are not obligated by the end of that fiscal year shall
21 revert to the General Revenue Fund.
22 (3) Program funds shall be used to support activities
23 authorized under s. 331.368 and this section. The Office of
24 Tourism, Trade, and Economic Development shall review and
25 certify funding proposals for consistency with s. 331.368 and
26 this section.
27 (4) The Office of Tourism, Trade, and Economic
28 Development shall execute a contract with the Florida Space
29 Research Institute prescribing guidelines and procedures
30 governing the use of, and accountability for, funds
31 distributed under s. 212.08(18).
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1 Section 68. Subsection (18) is added to section
2 212.08, Florida Statutes, to read:
3 212.08 Sales, rental, use, consumption, distribution,
4 and storage tax; specified exemptions.--The sale at retail,
5 the rental, the use, the consumption, the distribution, and
6 the storage to be used or consumed in this state of the
7 following are hereby specifically exempt from the tax imposed
8 by this chapter.
9 (18) SALES GENERATED BY KENNEDY SPACE CENTER VISITOR
10 COMPLEX.--The Kennedy Space Center Visitor Complex shall
11 retain proceeds of sales taxes generated by the complex and
12 distribute such proceeds to the Florida Space Research
13 Institute for use as prescribed in s. 331.3685. The complex
14 shall report sales to the Department of Revenue but shall
15 remit the tax revenues directly to the Florida Space Research
16 Institute in a manner prescribed by rules adopted by the
17 department.
18 Section 69. Subsection (1) of section 556.108, Florida
19 Statutes, is amended to read:
20 556.108 Exemptions.--The notification requirements
21 provided in s. 556.105(1) do not apply to:
22 (1) Any excavation or demolition performed by the
23 owner of single-family residential property, or for such owner
24 by a member operator or an agent of a member operator, when
25 such excavation or demolition is made entirely on such land
26 and only up to a depth of 10 inches, provided that due care is
27 used and that there is no encroachment on any member
28 operator's right-of-way, easement, or permitted use.
29 Section 70. (1) Effective upon this act becoming a
30 law, the Commission on Basic Research for the Future of
31 Florida is hereby established. All members of the commission
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1 shall be appointed prior to August 1, 2000, and the commission
2 shall hold its first meeting no later than September 1, 2000.
3 The commission shall be composed of 13 members who represent a
4 broad range of experience in basic scientific research and
5 possess an appreciation of the importance of basic scientific
6 research to the future of Florida. Members shall include
7 performers and users of research from public and private
8 universities, the armed forces, defense and high technology
9 businesses, and other interested nongovernmental
10 organizations. Five members shall be appointed to the
11 commission by the Governor, four members shall be appointed by
12 the President of the Senate, and four members shall be
13 appointed by the Speaker of the House of Representatives. The
14 Governor shall name one of the appointees as chair of the
15 commission. Members of the commission shall serve 4-year
16 terms, except that two of the initial appointees by the
17 Governor, by the President of the Senate, and by the Speaker
18 of the House of Representatives shall be appointed for 2-year
19 terms. Members of the commission are eligible for
20 reappointment.
21 (2) The purpose of the commission is to serve as an
22 economic development tool to increase the scientific research
23 dollars allocated to the state by the Federal Government. The
24 commission shall:
25 (a) Focus attention on the importance of improving the
26 state's basic science research infrastructure;
27 (b) Provide advice to scientific research driven
28 stakeholders;
29 (c) Assist in the development of long-range strategies
30 for increasing the state's share of scientific research
31 dollars from all sources; and
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1 (d) Raise public awareness of the importance of basic
2 scientific research to the future of the state.
3 (3) The commission shall use the resources of the
4 state in implementing the work of the commission, including,
5 but not limited to, the Institute for Science and Health
6 Policy at the University of Florida and similar public and
7 private research groups. The commission shall coordinate with,
8 and not duplicate the efforts of, other scientific
9 research-related organizations.
10 (4) The commission shall consult with Enterprise
11 Florida, Inc., to ensure that economic development
12 considerations are factored into the work of the commission.
13 (5) The commission shall be located in the Executive
14 Office of the Governor and staff of the office shall serve as
15 staff for the commission.
16 (6) The commission may procure information and
17 assistance from any officer or agency of the state or any
18 subdivision thereof. All such officials and agencies shall
19 give the commission all relevant information and assistance on
20 any matter within their knowledge or control.
21 (7) By February 1 of each year, the commission shall
22 submit a report to the Governor, the President of the Senate,
23 and the Speaker of the House of Representatives. The report
24 shall outline activities of the commission and provide
25 specific recommendations for consideration by the Governor and
26 Legislature which are designed to increase the state's share
27 of scientific research dollars.
28 Section 71. Florida-Africa Market Expansion Program.--
29 (1) Contingent upon a specific appropriation, there is
30 created within Enterprise Florida, Inc., the Florida-Africa
31 Market Expansion Program to enhance the Florida economy by
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1 increasing international trade between Florida and the nations
2 of Africa. This initiative shall be a multilevel market
3 expansion program designed to expand trade and business
4 opportunities between Florida and Africa, containing, but not
5 limited to, the following components:
6 (a) The establishment and maintenance of a strategic
7 alliance between Enterprise Florida, Inc., and the United
8 States Agency for International Development which will focus
9 on identifying and qualifying business opportunities in
10 sub-Saharan Africa through the United States Agency for
11 International Development's 12 African offices, and matching
12 those leads with Florida companies.
13 (b) A team Florida mission, which the Governor of
14 Florida will be invited to lead, to South Africa in the winter
15 of fiscal year 2000-2001.
16 (c) The establishment of a certified trade events
17 program to provide financial and technical support for
18 business development initiatives targeting Africa, organized
19 by qualified economic development organizations in Florida.
20 Priority shall be given to qualified not-for-profit minority
21 organizations.
22 (d) Support for local business-development programs
23 that provide business information on Africa and promote
24 bilateral business opportunities.
25 (e) Provision of export counseling services for
26 Florida businesses through Enterprise Florida's seven state
27 field offices and staff located in Miami.
28 (f) Establishment of Florida international
29 representation in South Africa for the purpose of dramatically
30 expanding business and cultural and infrastructure ties
31
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1 between Florida and Africa, as well as promoting Florida's
2 advantages in Africa.
3 (2) Enterprise Florida, Inc., shall coordinate with
4 appropriate organizations and educational institutions in
5 executing this market-expansion program to maximize the
6 resources and information services for the expansion of trade
7 between Florida and the nations of Africa.
8 (3)(a) As part of the annual report required under
9 section 288.906, Florida Statutes, Enterprise Florida, Inc.,
10 shall provide detailed information concerning activities and
11 accomplishments under this program, including, but not limited
12 to, information concerning:
13 1. The number of businesses, categorized by size,
14 participating in the program;
15 2. The number of minority-owned businesses
16 participating in the program;
17 3. The increase in the value of Florida exports to
18 African nations attributable to the program; and
19 4. The increase in foreign direct investment in
20 Florida by African businesses attributable to the program.
21 (b) The report shall include recommendations
22 concerning continuation of the program and any changes for
23 enhancing the program.
24 Section 72. Florida-Caribbean Basin Trade
25 Initiative.--
26 (1) Contingent upon a specific appropriation, the
27 Seaport Employment Training Grant Program (STEP) shall
28 establish and administer the Florida-Caribbean Basin Trade
29 Initiative for the purpose of assisting small and medium-sized
30 businesses to become involved in international activities and
31 helping them to identify markets with product demand, identify
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1 strategic alliances in those markets, and obtain the financing
2 to effectuate trade opportunities in the Caribbean Basin. The
3 initiative must focus assistance to businesses located in
4 urban communities. The initiative shall offer export
5 readiness, assistance and referral services, internships,
6 seminars, workshops, conferences, and e-commerce plus
7 mentoring and matchmaking services, but shall coordinate with
8 and not duplicate those services provided by Enterprise
9 Florida, Inc.
10 (2) To enhance initiative effectiveness and leverage
11 resources, STEP shall coordinate initiative activities with
12 Enterprise Florida, Inc., United States Export Assistance
13 Centers, Florida Export Finance Corporation, Florida Trade
14 Data Center, Small Business Development Centers, and any other
15 organizations STEP deems appropriate. The coordination may
16 encompass export assistance and referral services, export
17 financing, job-training programs, educational programs, market
18 research and development, market promotion, trade missions,
19 e-commerce, and mentoring and matchmaking services relative to
20 the expansion of trade between Florida and the Caribbean
21 Basin. The initiative shall also form alliances with
22 multilateral, international, and domestic funding programs
23 from Florida, the United States, and the Caribbean Basin to
24 coordinate systems and programs for fundamental assistance in
25 facilitating trade and investment.
26 (3) STEP shall administer the Florida-Caribbean Basin
27 Trade Initiative pursuant to a performance-based contract with
28 the Office of Tourism, Trade, and Economic Development. The
29 Office of Tourism, Trade, and Economic Development shall
30 develop performance measures, standards, and sanctions for the
31 initiative. Performance measures must include, but are not
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1 limited to, the number of businesses assisted; the number of
2 urban businesses assisted; and the increase in value of
3 exports to the Caribbean which is attributable to the
4 initiative.
5 Section 73. (1) State agencies shall give priority to
6 applicants for assistance in state housing, economic
7 development, and community revitalization programs where that
8 application supports the objectives of redeveloping HOPE VI
9 grant neighborhoods. The following programs shall provide
10 priority consideration to HOPE VI applications; SAIL, State
11 Housing Tax Credit, Federal Low Income Housing Tax Credit,
12 HOME program, Urban Infill Program, Urban High Crime Tax
13 Credits, brownfields, state empowerment zone.
14 (2) To qualify for priority consideration in the above
15 mentioned programs, a HOPE VI project applicant must document
16 the following actions in the application for assistance.
17 (a) There is an active and open grant award from the
18 United States Department of Housing and Urban Development
19 under the HOPE VI program in the community.
20 (b) There is tangible and documented support committed
21 by the unit of local government to redeveloping the
22 neighborhoods surrounding the HOPE VI project.
23 (c) There is a written agreement between the public
24 housing authority and the unit of local government that
25 outlines the joint agreement to redevelop the entire HOPE VI
26 neighborhoods and not to focus solely upon the public housing
27 site.
28 (d) There is a clearly defined plan with goals and
29 objectives to promote the redevelopment of the HOPE VI
30 neighborhoods to be a mixed income neighborhood, and to
31 deconcentrate the location of publicly assisted housing within
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1 the neighborhood, promote home ownership, and involve the
2 residents of the neighborhood in the redevelopment planning
3 and improvement process.
4 (3) The Department of Community Affairs shall annually
5 submit to the Legislature a summary of all assistance provided
6 to local HOPE VI applicants, and the percentage of HOPE VI
7 projects to all program awards.
8 Section 74. Community and Faith-based Organizations
9 Initiative; Community and Library Technology Access
10 Partnership.--
11 (1) CREATION.--There is created the Community and
12 Faith-based Organizations Initiative which shall be
13 administered by the Institute on Urban Policy and Commerce at
14 Florida Agricultural and Mechanical University and the
15 Community and Library Technology Access Partnership which
16 shall be administered by the Division of Library and
17 Information Services of the Department of State.
18 (2) INTENT.--The purpose of the initiative is to
19 promote community development in low-income communities
20 through partnerships with not-for-profit community and
21 faith-based organizations. The purpose of the partnership is
22 to encourage public libraries eligible for e-rate discounted
23 telecommunications services to partner with community and
24 faith-based organizations to provide technology access and
25 training to assist other state efforts to close the digital
26 divide.
27 (3) AUTHORIZED ACTIVITIES.--
28 (a) Authorized activities of the initiative.--The
29 Institute on Urban Policy and Commerce at Florida Agricultural
30 and Mechanical University may conduct the following activities
31
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1 as part of the Community and Faith-based Organizations
2 Initiative:
3 1. Create and operate training programs to enhance the
4 professional skills of individuals in community and
5 faith-based organizations.
6 2. Create and operate a program to select and place
7 students and recent graduates from business and related
8 professional schools as interns with community and faith-based
9 organizations for a period not to exceed 1 year, and provide
10 stipends for such interns.
11 3. Organize an annual conference for community and
12 faith-based organizations to discuss and share information on
13 best practices regarding issues relevant to the creation,
14 operation, and sustainability of these organizations.
15 4. Provide funding for the development of materials
16 for courses on topics in the area of community development,
17 and for research on economic, operational, and policy issues
18 relating to community development.
19 5. Provide financial assistance to community and
20 faith-based organizations through small grants for
21 partnerships with universities and the operation of programs
22 to build strong communities and future community development
23 leaders. The Institute on Urban Policy and Commerce at Florida
24 Agricultural and Mechanical University shall develop selection
25 criteria for awarding such grants which are based on the goals
26 of the initiative.
27
28 The institute, to the maximum extent possible, shall leverage
29 state funding for the initiative with any federal funding that
30 the institute may receive to support similar community-based
31 activities.
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1 (b) Authorized activities of the partnership.--The
2 Division of Library and Information Services of the Department
3 of State may conduct the following activities as part of the
4 Community and Library Technology Access Partnership:
5 1. Provide funding for e-rate eligible public
6 libraries to provide technology access and training to
7 community and faith-based organizations. Funding provided
8 under this subparagraph must be for eligible public libraries
9 in distressed communities in the state. The division shall
10 consult with the Institute on Urban Policy and Commerce to
11 identify such communities and to develop criteria to be used
12 in evaluating funding proposals. The division shall coordinate
13 with the institute to ensure that, to the maximum extent
14 possible, the division and the institute leverage their
15 resources under the programs authorized by this section in
16 order to focus efforts on addressing the most distressed
17 communities in the state. The division shall include a
18 representative of the institute on a review team to evaluate
19 funding proposals under this subparagraph.
20 2. Provide a method of assessment and outcome
21 measurement for e-rate eligible public libraries to assess
22 progress in closing the digital divide and in training for
23 individuals to succeed in the emerging information economy.
24 (4) ELIGIBILITY.--A community or faith-based
25 organization receiving funding or other assistance under the
26 Community and Faith-based Organizations Initiative or the
27 Community Library Technology Access Partnership must be a
28 nonprofit organization holding a current exemption from
29 federal taxation under s. 501(c)(3) or (4) of the Internal
30 Revenue Code. Funding under this section shall not be used for
31 religious or sectarian purposes.
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1 (5) REVIEW AND EVALUATION.--
2 (a) By January 1, 2001, the Institute on Urban Policy
3 and Commerce and the Division of Library and Information
4 Services shall submit to the Governor, the President of the
5 Senate, and the Speaker of the House of Representatives brief
6 status reports on their respective implementation of the
7 activities authorized under this section. The institute and
8 the division may elect to collaborate on the submission of a
9 combined status report covering both programs. At a minimum,
10 the status reports or combined report shall address:
11 1. The activities and accomplishments to date;
12 2. Any impediments to the effective implementation or
13 utilization of each program; and
14 3. The initial progress toward achievement of
15 measurable program outcomes.
16 (b) By January 1, 2002, the Institute on Urban Policy
17 and Commerce and the Division of Library and Information
18 Services shall submit to the Governor, the President of the
19 Senate, and the Speaker of the House of Representatives final
20 reports on the activities authorized under this section. The
21 institute and the division may elect to collaborate on the
22 submission of a combined final report covering both programs.
23 In addition to updating the elements addressed under paragraph
24 (a), the reports or combined report shall include
25 recommendations on whether it would be sound public policy to
26 continue the programs and recommendations on any changes
27 designed to enhance the effectiveness of the programs.
28 Section 75. Community computer access grant program.--
29 (1) The Legislature finds that there is a growing
30 digital divide in the state, manifested in the fact that many
31 youths from distressed urban communities do not possess the
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1 degree and ease of access to computers and information
2 technologies which youths in other communities in the state
3 possess. This disparity in access to rapidly changing and
4 commercially significant technologies has a negative impact on
5 the educational, workforce development, and employment
6 competitiveness of these needy youths, and thereby impedes the
7 economic development of the distressed urban communities in
8 which these youths reside. Although many public libraries
9 offer users access to computers and are increasingly making
10 library materials available to the public through electronic
11 means, many youths from distressed urban communities do not
12 live near a library that has such technology and do not have
13 computers to access Internet-based virtual libraries.
14 Neighborhood organizations, such as churches, are more likely,
15 however, to be located in closer proximity to the homes of
16 these youths than are educational institutions or libraries,
17 and these youths are more likely to gain the desirable
18 computer access at church-related or other neighborhood
19 facilities than at other institutions. The Legislature
20 therefore finds that a public purpose is served in enhancing
21 the ability of youths from these communities to have access to
22 computers and the Internet within the neighborhoods in which
23 they reside.
24 (2) Subject to legislative appropriation, there is
25 created the Community High-Technology Investment Partnership
26 (CHIP) program to assist distressed urban communities in
27 securing computers for access by youths between the ages of 5
28 years and 18 years who reside in these communities. The
29 program shall be administered by the Institute on Urban Policy
30 and Commerce at Florida Agricultural and Mechanical University
31 pursuant to a performance-based contract with the Division of
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1 Library and Information Services of the Department of State.
2 The division shall develop performance measures, standards,
3 and sanctions for the program. Performance measures must
4 include, but are not limited to: the number of youth obtaining
5 access to computers purchased under this program; the number
6 of hours computers are made available to youth; and the number
7 of hours spent by youth on computers purchased under this
8 program for educational purposes. The administrative costs for
9 administration of this program cannot exceed 10 percent of the
10 amount appropriated to the division for the program.
11 (3)(a) Under this program, neighborhood facilities,
12 through their governing bodies, may apply to the institute for
13 grants to purchase computers that will be available for use by
14 eligible youths who reside in the immediate vicinity of the
15 neighborhood facility. For purposes of this program, eligible
16 neighborhood facilities include, but are not limited to,
17 facilities operated by:
18 1. Units of local government, including school
19 districts;
20 2. Nonprofit, faith-based organizations, including
21 neighborhood churches;
22 3. Nonprofit civic associations or homeowners'
23 associations; and
24 4. Nonprofit organizations, the missions of which
25 include improving conditions for residents of distressed urban
26 communities.
27
28 To be eligible for funding under this program, a nonprofit
29 organization or association must hold a current exemption from
30 federal taxation under s. 501(c)(3) or (4) of the Internal
31 Revenue Code.
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1 (b) Notwithstanding the eligibility of the
2 organizations identified in paragraph (a), the institute shall
3 give priority consideration for funding under this program to
4 applications submitted by neighborhood churches or by
5 neighborhood-based, nonprofit organizations that have as a
6 principal part of their missions the improvement of conditions
7 for residents of the same neighborhoods in which the
8 organizations are located. The institute also shall give
9 priority consideration to organizations that demonstrate that
10 they have not been awarded community enhancement or similar
11 community support grants from state or local government on a
12 regular basis in the past. The institute shall develop
13 weighted criteria to be used in evaluating applications from
14 such churches or organizations. Funding under this section
15 shall not be used for religious or sectarian purposes.
16 (4) The institute shall develop guidelines governing
17 the administration of this program and shall establish
18 criteria to be used in evaluating an application for funding.
19 At a minimum, the institute must find that:
20 (a) The neighborhood that is to be served by the grant
21 suffers from general economic distress;
22 (b) Eligible youths who reside in the vicinity of the
23 neighborhood facility have difficulty obtaining access to a
24 library or schools that have sufficient computers; and
25 (c) The neighborhood facility has developed a detailed
26 plan, as required under subsection (5), for:
27 1. Providing youths who reside in the vicinity of the
28 facility with access to any computer purchased with grant
29 funds, including evening and weekend access when libraries and
30 schools are closed; and
31
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1 2. Promoting the maximum participation of neighborhood
2 youths in use of any computers purchased with grant funds.
3 (5) As part of an application for funding, the
4 neighborhood facility must submit a plan that demonstrates:
5 (a) The manner in which eligible youths who reside in
6 the immediate vicinity of the facility will be provided with
7 access to any computer purchased with grant funds, including
8 access during hours when libraries and schools are closed;
9 (b) The existence of safeguards to ensure that any
10 computer purchased with grant funds is reserved for the
11 educational use of eligible youths who reside in the immediate
12 vicinity of the facility and is not used to support the
13 business operations of the neighborhood facility or its
14 governing body; and
15 (c) The existence, in the neighborhood facility, of
16 telecommunications infrastructure necessary to guarantee
17 access to the Internet through any computer purchased with
18 grant funds.
19 (6) To the maximum extent possible, funding shall be
20 awarded under this program in a manner designed to ensure the
21 participation of distressed urban communities from regions
22 throughout the state.
23 (7) The maximum amount of a grant which may be awarded
24 to any single neighborhood facility under this program is
25 $25,000.
26 (8) Before the institute may allocate funds for a
27 grant under this program, the institute and the eligible
28 neighborhood facility must execute a grant agreement that
29 governs the terms and conditions of the grant.
30 (9) The institute, based upon guidance from the State
31 Technology Office and the state's Chief Information Officer,
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1 shall establish minimum requirements governing the
2 specifications and capabilities of any computers purchased
3 with funds awarded under this grant program.
4 (10) Before the 2002 Regular Session of the
5 Legislature, the institute shall evaluate the outcomes of this
6 program and report the results of the evaluation to the
7 Governor, the President of the Senate, and the Speaker of the
8 House of Representatives. At a minimum, the evaluation must
9 assess the extent to which the program has improved access to
10 computers for youths who reside in distressed urban
11 communities. As part of this report, the institute shall
12 identify any impediments to the effective implementation and
13 utilization of the program and shall make recommendations on
14 methods to eliminate any such impediments. In addition, the
15 institute shall make recommendations as to whether it would be
16 sound public policy to continue the program; whether the
17 program should be expanded to address additional target
18 populations, including, but not limited to, youths in
19 distressed rural communities and adults in distressed urban or
20 rural communities; and whether the list of neighborhood
21 facilities eligible to participate in the program should be
22 revised or whether priority consideration for funding should
23 be revised to emphasize a particular type of neighborhood
24 facility. The report required under this subsection must be
25 submitted by January 1, 2002.
26 (11) The institute may subcontract with the
27 Information Service Technology Development Task Force for
28 assistance in carrying out the provisions of this section,
29 including, but not limited to, technical guidance, assistance
30 in developing and evaluating program outcomes, and preparation
31
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1 or distribution of materials designed to educate the public
2 about community access centers and other relevant resources.
3 Section 76. There is created an Inner City
4 Redevelopment Assistance Grants Program to be administered by
5 the Office of Tourism, Trade, and Economic Development. The
6 office shall develop criteria for awarding these grants which
7 give weighted consideration to urban high-crime areas as
8 identified by the Florida Department of Law Enforcement. These
9 criteria shall also be weighted to immediate creation of jobs
10 for residents in the targeted areas.
11 Section 77. Eligibility requirements for grant
12 proposals are as follows:
13 (1) An eligible grant recipient must serve within one
14 of the 13 urban high-crime job tax credit areas and be:
15 (a) A community-based organization;
16 (b) A community development corporation;
17 (c) A faith-based organization;
18 (d) A nonprofit community development organization;
19 (e) A nonprofit economic development organization; or
20 (f) Another nonprofit organization serving the
21 nominated area.
22 (2) Each applicant must submit a letter of support
23 from the local government serving the targeted urban area.
24 (3) Each applicant must submit a proposal response
25 outlining the work plan proposed using the grant funding, as
26 well as proposed performance measures and expected, measurable
27 outcomes.
28 (4) Eligible uses of grant funding must result in the
29 creation of job opportunities for residents of targeted areas.
30 (5) Applicants are urged to leverage grant funds with
31 other existing resources.
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1 Section 78. In order to enhance public participation
2 and involvement in the redevelopment of inner city areas,
3 there is created within the Office of Tourism, Trade, and
4 Economic Development the Inner City Redevelopment Review
5 Panel.
6 (1) The review panel shall consist of seven members
7 who represent different areas of the state, who are appointed
8 by the Director of the Office of Tourism, Trade, and Economic
9 Development, and who are qualified, through the demonstration
10 of special interest, experience, or education, in the
11 redevelopment of the state's inner-city areas, as follows:
12 (a) One member must be affiliated with the Black
13 Business Investment Board;
14 (b) One member must be affiliated with the Institute
15 on Urban Policy and Commerce at Florida Agricultural and
16 Mechanical University;
17 (c) One member must be affiliated with the Office of
18 Tourism, Trade, and Economic Development;
19 (d) One member must be the president of Enterprise
20 Florida, Inc., or the president's designee;
21 (e) One member must be the Secretary of Community
22 Affairs or the secretary's designee;
23 (f) One member must be affiliated with Better
24 Jobs/Better Wages of Workforce Florida, Inc., if such body is
25 created. Otherwise, one member must be the president and chief
26 operating officer of the Florida Workforce Development Board;
27 and
28 (g) One member must be affiliated with the First
29 Job/First Wages Council of Workforce Florida, Inc., if such
30 body is created. Otherwise, one member must be the Secretary
31 of Labor and Employment Security or the secretary's designee.
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1 (2) The importance of minority and gender
2 representation must be considered when making appointments to
3 the panel, and the geographic representation of panel members
4 must also be considered.
5 (3) Members of the review panel shall be appointed for
6 4-year terms. A person may not serve more than two consecutive
7 terms on the panel.
8 (4) Members shall elect a chairperson annually. A
9 member may not be elected to consecutive terms as chairperson.
10 (5) All action taken by the review panel shall be by
11 majority vote of those present. The Director of the Office of
12 Tourism, Trade, and Economic Development or the director's
13 designee shall serve without voting rights as secretary to the
14 panel. The Office of Tourism, Trade, and Economic Development
15 shall provide necessary staff assistance to the panel.
16 (6) It is the responsibility of the panel to evaluate
17 proposals for awards of inner city redevelopment grants
18 administered by the Office of Tourism, Trade, and Economic
19 Development. The panel shall review and evaluate all proposals
20 for grants and shall make recommendations, including a
21 priority ranking, reflecting such evaluation.
22 Section 79. Each provision of sections 73-77 of this
23 act will be implemented to the extent that funds are
24 specifically appropriated in the General Appropriations Act
25 for Fiscal Year 2000-2001.
26 Section 80. Section 288.039 and paragraph (c) of
27 subsection (3) of section 288.095, Florida Statutes, are
28 repealed.
29 Section 81. It is the intent of the Legislature that
30 the changes made by this act to the Department of Labor and
31 Employment Security, including the transfer of department
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1 functions to other units of state government, are enacted as
2 part of the state's ongoing economic development efforts and
3 are designed to improve the business climate in this state in
4 order to facilitate job creation by private-sector employers.
5 Section 82. (1) Effective July 1, 2000, the Division
6 of Workers' Compensation and the Office of the Judges of
7 Compensation Claims are transferred by a type two transfer, as
8 defined in section 20.06(2), Florida Statutes, from the
9 Department of Labor and Employment Security to the Department
10 of Insurance, except that 29 full-time equivalent positions,
11 and the associated salaries and benefits and expenses funding,
12 related to oversight of medical services in workers'
13 compensation provider relations, dispute and complaint
14 resolution, program evaluation, data management, and carrier
15 compliance and review, are transferred by a type two transfer,
16 as defined in section 20.06(2), Florida Statutes, from the
17 Department of Labor and Employment Security to the Agency for
18 Health Care Administration.
19 (2) Effective July 1, 2000, all powers, duties,
20 functions, rules, records, personnel, property, and unexpended
21 balances of appropriations, allocations, and other funds of
22 the Division of Workforce and Employment Opportunities related
23 to the regulation of labor organizations under chapter 447,
24 Florida Statutes; the administration of child labor laws under
25 chapter 450, Florida Statutes; and the administration of
26 migrant labor and farm labor laws under chapter 450, Florida
27 Statutes, are transferred by a type two transfer, as defined
28 in section 20.06(2), Florida Statutes, from the Department of
29 Labor and Employment Security to the Bureau of Workplace
30 Regulation in the Division of Workers' Compensation of the
31 Department of Insurance.
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1 (3) Effective July 1, 2000, any other powers, duties,
2 functions, rules, records, personnel, property, and unexpended
3 balances of appropriations, allocations, and other funds of
4 the Department of Labor and Employment Security, not otherwise
5 transferred by this act, relating to workplace regulation and
6 enforcement, including, but not limited to, those under
7 chapter 448, Florida Statutes, are transferred by a type two
8 transfer, as defined in section 20.06(2), Florida Statutes,
9 from the department to the Bureau of Workplace Regulation in
10 the Division of Workers' Compensation of the Department of
11 Insurance.
12 (4)(a) Effective July 1, 2000, and except as provided
13 in paragraph (b), the records, property, and unexpended
14 balances of appropriations, allocations, and other funds and
15 resources of the Office of the Secretary and the Office of
16 Administrative Services of the Department of Labor and
17 Employment Security which support the activities and functions
18 transferred under subsections (1), (2), and (3) are
19 transferred as provided in section 20.06(2), Florida Statutes,
20 to the Division of Worker's Compensation and the Office of the
21 Judges of Compensation Claims. The Department of Insurance, in
22 consultation with the Department of Labor and Employment
23 Security, shall determine the number of positions needed for
24 administrative support of the programs within the Division of
25 Workers' Compensation and the Office of the Judges of
26 Compensation Claims as transferred to the Department of
27 Insurance. The number of administrative support positions that
28 the Department of Insurance determines are needed shall not
29 exceed the number of administrative support positions that
30 prior to the transfer were authorized to the Department of
31 Labor and Employment Security for this purpose. Upon transfer
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1 of the Division of Workers' Compensation and the Office of the
2 Judges of Compensation Claims, the number of required
3 administrative support positions as determined by the
4 Department of Insurance shall be authorized within the
5 Department of Insurance. The Department of Insurance may
6 transfer and reassign positions as deemed necessary to
7 effectively integrate the activities of the Division of
8 Workers' Compensation. Appointments to time-limited positions
9 under this act and authorized positions under this section may
10 be made without regard to the provisions of 60K-3, 4 and 17,
11 Florida Administrative Code. Notwithstanding the provisions of
12 section 216.181(8), Florida Statutes, the Department of
13 Insurance is authorized, during Fiscal Year 2000-2001, to
14 exceed the approved salary in the budget entities affected by
15 this act.
16 (b) Effective July 1, 2000, the records, property, and
17 unexpended balances of appropriations, allocations, and other
18 funds and resources of the Office of the Secretary and the
19 Office of Administrative Services of the Department of Labor
20 and Employment Security which support the activities and
21 functions transferred under subsection (1) to the Agency for
22 Health Care Administration are transferred as provided in
23 section 20.06(2), Florida Statutes, to the Agency for Health
24 Care Administration.
25 Section 83. Subsection (2) of section 20.13, Florida
26 Statutes, is amended, and subsection (7) is added to that
27 section, to read:
28 20.13 Department of Insurance.--There is created a
29 Department of Insurance.
30 (2) The following divisions of the Department of
31 Insurance are established:
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1 (a) Division of Insurer Services.
2 (b) Division of Insurance Consumer Services.
3 (c) Division of Agents and Agencies Services.
4 (d) Division of Rehabilitation and Liquidation.
5 (e) Division of Risk Management.
6 (f) Division of State Fire Marshal.
7 (g) Division of Insurance Fraud.
8 (h) Division of Administration.
9 (i) Division of Treasury.
10 (j) Division of Legal Services.
11 (k) Division of Workers' Compensation.
12 (7)(a) A Bureau of Workplace Regulation is created
13 within the Division of Workers' Compensation.
14 (b) A Bureau of Workplace Safety is created within the
15 Division of Workers' Compensation.
16 Section 84. Effective January 1, 2001, the Division of
17 Unemployment Compensation is transferred by a type two
18 transfer, as defined in section 20.06(2), Florida Statutes,
19 from the Department of Labor and Employment Security to the
20 Agency for Workforce Innovation, except that all powers,
21 duties, functions, rules, records, personnel, property, and
22 unexpended balances of appropriations, allocations, and other
23 funds of the division related to the resolution of disputed
24 claims for unemployment compensation benefits through the use
25 of appeals referees are transferred by a type two transfer, as
26 defined in section 20.06(2), Florida Statutes, to the
27 Unemployment Appeals Commission. Additionally, by January 1,
28 2001, the Agency for Workforce Innovation shall enter into a
29 contract with the Department of Revenue to have the Department
30 of Revenue provide unemployment tax administration and
31 collection services to the Agency for Workforce Innovation.
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1 Upon entering into such contract with the Agency for Workforce
2 Innovation to provide unemployment tax administration and
3 collection services, the Department of Revenue may transfer
4 from the agency or is authorized to establish the number of
5 positions determined by that contract. The Department of
6 Revenue, as detailed in that contract, may exercise all and
7 any authority that is provided in law to the Division of
8 Unemployment Compensation to fulfill the duties of that
9 contract as the division's tax-administration and
10 collection-services agent including, but not limited to, the
11 promulgating of rules necessary to administer and collect
12 unemployment taxes. The Department of Revenue is authorized to
13 contract with the Department of Management Services or other
14 appropriate public or private entities for professional
15 services, regarding the development, revision, implementation,
16 maintenance, and monitoring of electronic data systems and
17 management information systems associated with the
18 administration and collection of unemployment taxes.
19 Section 85. Effective January 1, 2001, the Office of
20 Information Systems is transferred by a type two transfer, as
21 defined in section 20.06(2), Florida Statutes, from the
22 Department of Labor and Employment Security to the Department
23 of Management Services, except that all powers, duties,
24 functions, rules, records, personnel, property, and unexpended
25 balances of appropriations, allocations, and other funds of
26 the office related to workforce information systems planning
27 are transferred effective October 1, 2000, by a type two
28 transfer as defined in section 20.06(2), Florida Statutes, to
29 the Agency for Workforce Innovation.
30 Section 86. Effective October 1, 2000, the Minority
31 Business Advocacy and Assistance Office is transferred by a
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1 type two transfer as defined in section 20.06(2), Florida
2 Statutes, from the Department of Labor and Employment Security
3 to the Department of Management Services.
4 Section 87. (1) Effective upon this act becoming a
5 law, the Florida Task Force on Workplace Safety is established
6 within the Department of Insurance. All members of the task
7 force shall be appointed prior to July 15, 2000, and the task
8 force shall hold its first meeting by August 15, 2000. The
9 task force shall be composed of 15 members as follows:
10 (a) Five members appointed by the Governor, one of
11 whom must be a representative of a statewide business
12 organization, one of whom must be a representative of
13 organized labor, and three of whom must be from private-sector
14 businesses. The Governor shall name one of the appointees
15 under this paragraph as chair of the task force;
16 (b) Four members appointed by the President of the
17 Senate, one of whom must be a representative of a statewide
18 business organization, one of whom must be a representative of
19 organized labor, and two of whom must be from private-sector
20 businesses;
21 (c) Four members appointed by the Speaker of the House
22 of Representatives, one of whom must be a representative of a
23 statewide business organization, one of whom must be a
24 representative of organized labor, and two of whom must be
25 from private-sector businesses;
26 (d) One member appointed from the private-sector by
27 the Insurance Commissioner; and
28 (e) The president of Enterprise Florida, Inc., or his
29 or her designee from the organization.
30
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1 The Insurance Commissioner or the commissioner's designee from
2 the Department of Insurance shall serve as an ex officio
3 nonvoting member of the task force.
4 (2) The purpose of the task force is to develop
5 findings and issue recommendations on innovative ways in which
6 the state may employ state or federal resources to reduce the
7 incidence of employee accidents, occupational diseases, and
8 fatalities compensable under the workers' compensation law.
9 The task force shall address issues including, but not limited
10 to:
11 (a) Alternative organizational structures for the
12 delivery of workplace safety assistance services to businesses
13 following the repeal of the Division of Safety of the
14 Department of Labor and Employment Security under chapter
15 99-240, Laws of Florida;
16 (b) The extent to which workplace safety assistance
17 services are or may be provided through private-sector
18 sources;
19 (c) The potential contribution of workplace safety
20 assistance services to a reduction in workers' compensation
21 rates for employers;
22 (d) Differences in the workplace safety needs of
23 businesses based upon the size of the businesses and the
24 nature of the businesses;
25 (e) Differences in the workplace safety needs of
26 private-sector employers and public-sector employers;
27 (f) The relationship between federal and state
28 workplace safety activities; and
29 (g) The impact of workplace safety and workers'
30 compensation on the economic development efforts of the state.
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1 (3) The task force shall be located in the Department
2 of Insurance, and staff of the department shall serve as staff
3 for the task force.
4 (4) Members of the task force shall serve without
5 compensation but will be entitled to per diem and travel
6 expenses pursuant to section 112.061, Florida Statutes, while
7 in the performance of their duties.
8 (5) The task force may procure information and
9 assistance from any officer or agency of the state or any
10 subdivision thereof. All such officials and agencies shall
11 give the task force all relevant information and assistance on
12 any matter within their knowledge or control.
13 (6) The task force shall submit a report and
14 recommendations to the Governor, the Insurance Commissioner,
15 the President of the Senate, and the Speaker of the House of
16 Representatives no later than January 1, 2001. The report
17 shall include recommendations on the organizational structure,
18 mission, staffing structure and qualifications, and funding
19 level for the Bureau of Workplace Safety within the Division
20 of Workers' Compensation of the Department of Insurance. The
21 report also shall include any specific recommendations for
22 legislative action during the 2001 Regular Session of the
23 Legislature.
24 (7)(a) During Fiscal Year 2000-2001, the Division of
25 Workers' Compensation of the Department of Insurance is
26 authorized to establish 40 time-limited positions on July 1,
27 2000, responsible for the 21(d) federal grant from the
28 Occupational Safety and Health Administration and for the core
29 responsibilities under a program for enforcement of safety and
30 health regulations in the public sector.
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1 (b) After the Task Force on Workplace Safety has
2 issued its report and recommendations, the Division of
3 Workers' Compensation may eliminate the 40 time-limited
4 positions and establish and classify permanent positions as
5 authorized in the Fiscal Year 2000-2001 General Appropriations
6 Act or seek a budget amendment as provided in chapter 216,
7 Florida Statutes, to implement the recommendations of the task
8 force.
9 (c) All records, property, and equipment of the
10 Division of Safety of the Department of Labor and Employment
11 Security, repealed under chapter 99-240, Laws of Florida,
12 shall be transferred to the Bureau of Workplace Safety of the
13 Division of Workers' Compensation of the Department of
14 Insurance for the bureau to retain, use, and maintain during
15 the deliberations of the task force.
16 (8) The task force shall terminate upon submission of
17 its report.
18 Section 88. Effective upon this act becoming a law,
19 section 39 of chapter 99-240, Laws of Florida, is amended to
20 read:
21 Section 39. Effective October 1, 2000 January 1, 2001,
22 the Division of Blind Services is transferred by a type two
23 transfer as defined in section 20.06(2) 20.06(5), Florida
24 Statutes, from the Department of Labor and Employment Security
25 to the Department of Management Services Education.
26 Section 89. (1) It is the intent of the Legislature
27 that the transfer of responsibilities from the Department of
28 Labor and Employment Security to other units of state
29 government as prescribed by this act be accomplished with
30 minimal disruption of services provided to the public and with
31 minimal disruption to the employees of the department. To that
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1 end, the Legislature believes that a transition period during
2 which the activities of the department can be systematically
3 reduced and the activities of the other applicable units of
4 state government can be strategically increased is appropriate
5 and warranted.
6 (2) The Department of Labor and Employment Security
7 and the Department of Management Services shall provide
8 coordinated reemployment assistance to employees of the
9 Department of Labor and Employment Security who are dislocated
10 as a result of this act. The state Workforce Development
11 Board, the regional workforce boards, and staff of the
12 one-stop career centers shall provide assistance to the
13 departments in carrying out the provisions of this section.
14 (3) The state and its political subdivisions shall
15 give preference in the appointment and the retention of
16 employment to employees of the Department of Labor and
17 Employment Security who are dislocated as a result of this
18 act. Furthermore, for those positions for which an examination
19 is used to determine the qualifications for entrance into
20 employment with the state or its political subdivisions, 10
21 points shall be added to the earned ratings of any employee of
22 the Department of Labor and Employment Security who is
23 dislocated as a result of this act if such person has obtained
24 a qualifying score on the examination for the position.
25 Preference is considered to have expired once such person has
26 been employed by any state agency or any agency of a political
27 subdivision of the state.
28 (4)(a) There is created the Labor and Employment
29 Security Transition Team, which will be responsible for
30 coordinating and overseeing actions necessary to ensure the
31 timely, comprehensive, efficient, and effective implementation
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1 of the provisions of this act, as well as implementation of
2 any statutory changes to the Department of Labor and
3 Employment Security's provision of workforce placement and
4 development services through the Division of Workforce and
5 Employment Opportunities. By February 1, 2001, the transition
6 team shall submit to the Governor, the President of the
7 Senate, and the Speaker of the House of Representatives a
8 comprehensive report on the transition of the Department of
9 Labor and Employment Security. The report shall include any
10 recommendations on legislative action necessary during the
11 2001 Regular Session of the Legislature to address substantive
12 or technical issues related to the department's transition.
13 The transition team shall terminate on May 15, 2001.
14 (b) The transition team shall consist of the following
15 members:
16 1. The Governor or the Governor's designee, who shall
17 serve as chair of the transition team and who shall convene
18 meetings of the transition team;
19 2. The Secretary of Labor and Employment Security or
20 the secretary's designee;
21 3. The Secretary of Management Services or the
22 secretary's designee;
23 4. The Commissioner of Insurance or the commissioner's
24 designee;
25 5. The executive director of the Department of Revenue
26 or the executive director's designee;
27 6. The director of the Agency for Workforce Innovation
28 or the director's designee;
29 7. The president of Workforce Florida, Inc., or the
30 president's designee;
31 8. The Chief Information Officer for the State; and
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1 9. Any other members as deemed necessary by and
2 appointed by the Governor.
3 (c) Staff of the Office of Policy and Budget in the
4 Executive Office of the Governor shall serve as staff for the
5 transition team. In addition, each member of the transition
6 team shall appoint appropriate staff members from the
7 organization that he or she represents to serve as liaisons to
8 the transition team and to assist the transition team as
9 necessary. Each member of the transition team shall be
10 responsible for ensuring that the organization that he or she
11 represents cooperates fully in the implementation of this act.
12 (d) Between the date this act becomes a law and
13 January 1, 2001, the transition team shall submit bimonthly to
14 the President of the Senate and the Speaker of the House of
15 Representatives brief status reports on the progress and on
16 any significant problems in implementing this act.
17 (5) The transfer of any programs, activities, and
18 functions under this act shall include the transfer of any
19 records and unexpended balances of appropriations,
20 allocations, or other funds related to such programs,
21 activities, and functions. Any surplus records and unexpended
22 balances of appropriations, allocations, or other funds not so
23 transferred shall be transferred to the Department of
24 Management Services for proper disposition. The Department of
25 Management Services shall become the custodian of any property
26 of the Department of Labor and Employment Security which is
27 not otherwise transferred for the purposes of chapter 273,
28 Florida Statutes. The Department of Management Services is
29 authorized to permit the use of such property by organizations
30 as necessary to implement the provisions of this act.
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1 (6) The transition team, in conjunction with the
2 Office of the Attorney General, may use any unexpended
3 balances of the Department of Labor and Employment Security to
4 settle any claims or leases, pay out personnel annual leave or
5 sick leave, or close out other costs owed by the department,
6 regardless of whether such costs relate to federal, state, or
7 local governments; department employees; or the private
8 sector. Any remaining balances of the department shall be
9 transferred as directed by this act or by budget amendment.
10 (7) The transition team shall monitor any personnel
11 plans of the Department of Labor and Employment Security and
12 any implementation activities of the department required by
13 this act. The department shall not fill a vacant position or
14 transfer an employee laterally between any divisions or other
15 units of the department without the approval of the transition
16 team.
17 (8) The transition team may submit proposals to the
18 Governor and recommend budget amendments to ensure the
19 effective implementation of this act, maintenance of federal
20 funding, and continuation of services to customers without
21 interruption. Prior to October 1, 2000, the transition team,
22 through the Office of Policy and Budget, shall prepare a
23 budget amendment to allocate the resources of the Office of
24 the Secretary, Office of Administrative Services, Division of
25 Unemployment Compensation, and other resources of the
26 Department of Labor and Employment Security not otherwise
27 transferred by this act. The allocation of resources under
28 this budget amendment must provide for the maintenance of the
29 department until January 1, 2001, in order to complete
30 activities related to the dissolution of the department and
31 must reserve any remaining funds or positions.
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1 (9) This section shall take effect upon this act
2 becoming a law.
3 Section 90. To expedite the acquisition of goods and
4 services for implementing the provisions of this act, the
5 Department of Revenue, the Department of Insurance, the
6 Department of Management Services, and the Agency for
7 Workforce Innovation are exempt from the provisions of chapter
8 287, Florida Statutes, when contracting for the purchase or
9 lease of goods or services under this act. This section shall
10 take effect upon this act becoming a law and shall expire
11 January 1, 2001.
12 Section 91. To expedite the leasing of facilities for
13 implementing the provisions of this act, the Department of
14 Revenue, the Department of Insurance, the Department of
15 Management Services, and the Agency for Workforce Innovation
16 are exempt from the requirements of any state laws relating to
17 the leasing of space, including, but not limited to, the
18 requirements imposed by section 255.25, Florida Statutes, and
19 any rules adopted under such laws, provided, however, that all
20 leases entered into under this act through January 1, 2001,
21 must be submitted for approval to the Department of Management
22 Services at the earliest practicable time. This section shall
23 take effect upon this act becoming a law and shall expire
24 January 1, 2001.
25 Section 92. Notwithstanding the provisions of chapter
26 120, Florida Statutes, to the contrary, the Department of
27 Revenue, the Department of Insurance, the Department of
28 Management Services, and the Agency for Workforce Innovation
29 are authorized to develop emergency rules relating to and in
30 furtherance of the orderly implementation of the provisions of
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1 this act. These emergency rules shall be valid for a period of
2 270 days after the effective date of this act.
3 Section 93. (1) The Department of Revenue shall
4 develop and issue notification to all businesses registered
5 with the Department of Labor and Employment Security for the
6 purpose of paying unemployment compensation tax imposed
7 pursuant to chapter 443, Florida Statutes. Such notification
8 shall include, but not be limited to, information on the
9 transfer of responsibilities from the Department of Labor and
10 Employment Security to the Department of Revenue and other
11 agencies relating to unemployment compensation activities.
12 (2) The Department of Revenue is authorized to issue
13 any notices, forms, documents, or publications relating to the
14 unemployment compensation tax which the Division of
15 Unemployment Compensation of the Department of Labor and
16 Employment Security was authorized to issue or publish under
17 chapter 443, Florida Statutes, prior to the transfer of any
18 responsibilities under this act.
19 (3) The Department of Revenue is authorized to
20 determine the most efficient and effective method for
21 administering, collecting, enforcing, and auditing the
22 unemployment compensation tax in consultation with the
23 businesses that pay such tax and consistent with the
24 provisions of chapter 443, Florida Statutes.
25 Section 94. Effective October 1, 2000, subsection (19)
26 of section 287.012, Florida Statutes, is amended to read:
27 287.012 Definitions.--The following definitions shall
28 apply in this part:
29 (19) "Office" means the Minority Business Advocacy and
30 Assistance Office of the Department of Management Services
31 Labor and Employment Security.
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1 Section 95. Effective October 1, 2000, subsection (1)
2 of section 287.0947, Florida Statutes, is amended to read:
3 287.0947 Florida Council on Small and Minority
4 Business Development; creation; membership; duties.--
5 (1) On or after October 1, 2000 1996, the secretary of
6 the Department of Management Services Labor and Employment
7 Security may create the Florida Advisory Council on Small and
8 Minority Business Development with the purpose of advising and
9 assisting the secretary in carrying out the secretary's duties
10 with respect to minority businesses and economic and business
11 development. It is the intent of the Legislature that the
12 membership of such council include practitioners, laypersons,
13 financiers, and others with business development experience
14 who can provide invaluable insight and expertise for this
15 state in the diversification of its markets and networking of
16 business opportunities. The council shall initially consist of
17 19 persons, each of whom is or has been actively engaged in
18 small and minority business development, either in private
19 industry, in governmental service, or as a scholar of
20 recognized achievement in the study of such matters.
21 Initially, the council shall consist of members representing
22 all regions of the state and shall include at least one member
23 from each group identified within the definition of "minority
24 person" in s. 288.703(3), considering also gender and
25 nationality subgroups, and shall consist of the following:
26 (a) Four members consisting of representatives of
27 local and federal small and minority business assistance
28 programs or community development programs.
29 (b) Eight members composed of representatives of the
30 minority private business sector, including certified minority
31 business enterprises and minority supplier development
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1 councils, among whom at least two shall be women and at least
2 four shall be minority persons.
3 (c) Two representatives of local government, one of
4 whom shall be a representative of a large local government,
5 and one of whom shall be a representative of a small local
6 government.
7 (d) Two representatives from the banking and insurance
8 industry.
9 (e) Two members from the private business sector,
10 representing the construction and commodities industries.
11 (f) The chairperson of the Florida Black Business
12 Investment Board or the chairperson's designee.
13
14 A candidate for appointment may be considered if eligible to
15 be certified as an owner of a minority business enterprise, or
16 if otherwise qualified under the criteria above. Vacancies may
17 be filled by appointment of the secretary, in the manner of
18 the original appointment.
19 Section 96. Effective October 1, 2000, subsections (2)
20 and (3) and paragraph (h) of subsection (4) of section
21 287.09451, Florida Statutes, are amended to read:
22 287.09451 Minority Business Advocacy and Assistance
23 Office; powers, duties, and functions.--
24 (2) The Minority Business Advocacy and Assistance
25 Office is established within the Department of Management
26 Services Labor and Employment Security to assist minority
27 business enterprises in becoming suppliers of commodities,
28 services, and construction to state government.
29 (3) The Secretary of the Department of Management
30 Services secretary shall appoint an executive director for the
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1 Minority Business Advocacy and Assistance Office, who shall
2 serve at the pleasure of the secretary.
3 (4) The Minority Business Advocacy and Assistance
4 Office shall have the following powers, duties, and functions:
5 (h) To develop procedures to investigate complaints
6 against minority business enterprises or contractors alleged
7 to violate any provision related to this section or s.
8 287.0943, that may include visits to worksites or business
9 premises, and to refer all information on businesses suspected
10 of misrepresenting minority status to the Department of
11 Management Services Labor and Employment Security for
12 investigation. When an investigation is completed and there is
13 reason to believe that a violation has occurred, the
14 Department of Management Services Labor and Employment
15 Security shall refer the matter to the office of the Attorney
16 General, Department of Legal Affairs, for prosecution.
17 Section 97. Effective upon this act becoming a law,
18 subsections (3), (4), and (6) of section 20.15, Florida
19 Statutes, are amended and paragraph (d) is added to subsection
20 (5) of that section to read:
21 20.15 Department of Education.--There is created a
22 Department of Education.
23 (3) DIVISIONS.--The following divisions of the
24 Department of Education are established:
25 (a) Division of Community Colleges.
26 (b) Division of Public Schools and Community
27 Education.
28 (c) Division of Universities.
29 (d) Division of Workforce Development.
30 (e) Division of Human Resource Development.
31 (f) Division of Administration.
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1 (g) Division of Financial Services.
2 (h) Division of Support Services.
3 (i) Division of Technology.
4 (j) Division of Occupational Access and Opportunity.
5 (4) DIRECTORS.--The Board of Regents is the director
6 of the Division of Universities, the Occupational Access and
7 Opportunity Commission is the director of the Division of
8 Occupational Access and Opportunity, and the State Board of
9 Community Colleges is the director of the Division of
10 Community Colleges, pursuant to chapter 240. The directors of
11 all other divisions shall be appointed by the commissioner
12 subject to approval by the state board.
13 (5) POWERS AND DUTIES.--The State Board of Education
14 and the Commissioner of Education:
15 (d) Shall assign to the Division of Occupational
16 Access and Opportunity such powers, duties, responsibilities,
17 and functions as are necessary to ensure the coordination,
18 efficiency, and effectiveness of its programs, including, but
19 not limited to, vocational rehabilitation and independent
20 living services to persons with disabilities which services
21 are funded under the Rehabilitation Act of 1973, as amended,
22 except:
23 1. Those duties specifically assigned to the Division
24 of Blind Services of the Department of Management Services;
25 2. Those duties specifically assigned to the
26 Commissioner of Education in ss. 229.512 and 229.551;
27 3. Those duties concerning physical facilities in
28 chapter 235;
29 4. Those duties assigned to the State Board of
30 Community Colleges in chapter 240; and
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1 5. Those duties assigned to the Division of Workforce
2 Development in chapter 239.
3
4 Effective October 1, 2000, the Occupational Access and
5 Opportunity Commission shall assume all responsibilities
6 necessary to be the designated state agency for purposes of
7 compliance with the Rehabilitation Act of 1973, as amended.
8 (6) COUNCILS AND COMMITTEES.--Notwithstanding anything
9 contained in law to the contrary, the Commissioner of
10 Education shall appoint all members of all councils and
11 committees of the Department of Education, except the Board of
12 Regents, the State Board of Community Colleges, the community
13 college district boards of trustees, the Postsecondary
14 Education Planning Commission, the Education Practices
15 Commission, the Education Standards Commission, the State
16 Board of Independent Colleges and Universities, the
17 Occupational Access and Opportunity Commission, the Florida
18 Rehabilitation Council, the Florida Independent Living
19 Council, and the State Board of Nonpublic Career Education.
20 Section 98. Subsection (16) is added to section
21 120.80, Florida Statutes, to read:
22 120.80 Exceptions and special requirements;
23 agencies.--
24 (16) OCCUPATIONAL ACCESS AND OPPORTUNITY
25 COMMISSION.--Notwithstanding s. 120.57(1)(a), hearings
26 concerning determinations by the Occupational Access and
27 Opportunity Commission on eligibility, plans of services, or
28 closure need not be conducted by an administrative law judge
29 assigned by the division. The commission may choose to
30 contract with another appropriate resource in these matters.
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1 Section 99. Effective October 1, 2000, section
2 413.011, Florida Statutes, is amended to read:
3 413.011 Division of Blind Services, internal
4 organizational structure; Florida Rehabilitation Advisory
5 Council for the Blind Services.--
6 (1) The internal organizational structure of the
7 Division of Blind Services shall be designed for the purpose
8 of ensuring the greatest possible efficiency and effectiveness
9 of services to the blind and to be consistent with chapter 20.
10 The Division of Blind Services shall plan, supervise, and
11 carry out the following activities under planning and policy
12 guidance from the Florida Rehabilitation Council for Blind
13 Services:
14 (a) Implement the provisions of the 5-year strategic
15 plan prepared by the council under paragraph (3)(a) to provide
16 services to individuals who are blind.
17 (b)(a) Recommend personnel as may be necessary to
18 carry out the purposes of this section.
19 (c)(b) Cause to be compiled and maintained a complete
20 register of individuals in the state who are the blind in the
21 state, which shall describe the condition, cause of blindness,
22 and capacity for education and industrial training, with such
23 other facts as may seem to the division to be of value. Any
24 information in the register of individuals who are the blind
25 which, when released, could identify an individual is
26 confidential and exempt from the provisions of s. 119.07(1).
27 (d)(c) Inquire into the cause of blindness, inaugurate
28 preventive measures, and provide for the examination and
29 treatment of individuals who are the blind, or those
30 threatened with blindness, for the benefit of such persons,
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1 and shall pay therefor, including necessary incidental
2 expenses.
3 (e)(d) Contract with community-based rehabilitation
4 providers, to the maximum extent allowable under federal law,
5 to assist individuals who are blind in obtaining Aid the blind
6 in finding employment, teach them trades and occupations
7 within their capacities, assist them in disposing of products
8 made by them in home industries, assist them in obtaining
9 funds for establishing enterprises where federal funds
10 reimburse the state, and do such things as will contribute to
11 the efficiency of self-support of individuals who are the
12 blind.
13 (f)(e) Establish one or more training schools and
14 workshops for the employment of suitable individuals who are
15 blind persons; make expenditures of funds for such purposes;
16 receive moneys from sales of commodities involved in such
17 activities and from such funds make payments of wages,
18 repairs, insurance premiums and replacements of equipment. All
19 of the activities provided for in this section may be carried
20 on in cooperation with private workshops for individuals who
21 are the blind, except that all tools and equipment furnished
22 by the division shall remain the property of the state.
23 (g)(f) Contract with community-based rehabilitation
24 providers, to the maximum extent allowable under federal law,
25 to provide special services and benefits for individuals who
26 are the blind in order to assist them in for developing their
27 social life through community activities and recreational
28 facilities.
29 (h)(g) Undertake such other activities as may
30 ameliorate the condition of blind citizens of this state who
31 are blind.
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1 (i)(h) Cooperate with other agencies, public or
2 private, especially the Division of the Blind and Physically
3 Handicapped of the Library of Congress and the Division of
4 Library and Information Services of the Department of State,
5 to provide library service to individuals who are the blind
6 and individuals who have other disabilities other handicapped
7 persons as defined in federal law and regulations in carrying
8 out any or all of the provisions of this law.
9 (j)(i) Recommend contracts and agreements with
10 federal, state, county, municipal and private corporations,
11 and individuals.
12 (k)(j) Receive moneys or properties by gift or bequest
13 from any person, firm, corporation, or organization for any of
14 the purposes herein set out, but without authority to bind the
15 state to any expenditure or policy except such as may be
16 specifically authorized by law. All such moneys or properties
17 so received by gift or bequest as herein authorized may be
18 disbursed and expended by the division upon its own warrant
19 for any of the purposes herein set forth, and such moneys or
20 properties shall not constitute or be considered a part of any
21 legislative appropriation made by the state for the purpose of
22 carrying out the provisions of this law.
23 (l)(k) Prepare and make available to individuals who
24 are the blind, in braille and on electronic recording
25 equipment, Florida Statutes chapters 20, 120, 121, and 413, in
26 their entirety.
27 (m)(l) Adopt by rule procedures necessary to comply
28 with any plans prepared by the council for providing
29 vocational rehabilitation services for individuals who are the
30 blind.
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1 (n)(m) Adopt by rule forms and instructions to be used
2 by the division in its general administration.
3 (o) Recommend to the Legislature a method to privatize
4 the Business Enterprise Program established under s. 413.051
5 by creating a not-for-profit entity. The entity shall conform
6 to requirements of the federal Randolph Sheppard Act and shall
7 be composed of blind licensees with expertise in operating
8 business enterprises. The division shall submit its
9 recommendations to the Governor, the President of the Senate,
10 and the Speaker of the House of Representatives, as well as to
11 the appropriate substantive committees of the Legislature, by
12 January 1, 2001.
13 (2) As used in this section:
14 (a) "Act," unless the context indicates otherwise,
15 means the Rehabilitation Act of 1973, 29 U.S.C. ss. 701-797,
16 as amended.
17 (b) "Blind" or "blindness" means the condition of any
18 person for whom blindness is a disability as defined by the
19 Rehabilitation Act of 1973, 29 U.S.C. s. 706(8)(b).
20 (c) "Community-based rehabilitation provider" means a
21 provider of services to individuals in a community setting
22 which has as its primary function services directed toward
23 individuals who are blind.
24 (d) "Council" means the Florida Rehabilitation Council
25 for Blind Services.
26 (e)(c) "Department" means the Department of Management
27 Services Labor and Employment Security.
28 (f) "Plan" means the 5-year strategic plan developed
29 by the council under paragraph (3)(a).
30
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1 (g) "State plan" means the state plan for vocational
2 rehabilitation required by the federal Rehabilitation Act of
3 1973, as amended.
4 (3) There is hereby created in the department the
5 Florida Rehabilitation Advisory Council for the Blind
6 Services. The council shall be established in accordance with
7 the act and must include at least four representatives of
8 private-sector businesses that are not providers of vocational
9 rehabilitation services. Members of the council shall serve
10 without compensation, but may be reimbursed for per diem and
11 travel expenses pursuant to s. 112.061. to assist the division
12 in the planning and development of statewide rehabilitation
13 programs and services, to recommend improvements to such
14 programs and services, and to perform the functions provided
15 in this section.
16 (a) The advisory council shall be composed of:
17 1. At least one representative of the Independent
18 Living Council, which representative may be the chair or other
19 designee of the council;
20 2. At least one representative of a parent training
21 and information center established pursuant to s. 631(c)(9) of
22 the Individuals with Disabilities Act, 20 U.S.C. s.
23 1431(c)(9);
24 3. At least one representative of the client
25 assistance program established under the act;
26 4. At least one vocational rehabilitation counselor
27 who has knowledge of and experience in vocational
28 rehabilitation services for the blind, who shall serve as an
29 ex officio nonvoting member of the council if the counselor is
30 an employee of the department;
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1 5. At least one representative of community
2 rehabilitation program service providers;
3 6. Four representatives of business, industry, and
4 labor;
5 7. At least one representative of a disability
6 advocacy group representing individuals who are blind;
7 8. At least one parent, family member, guardian,
8 advocate, or authorized representative of an individual who is
9 blind, has multiple disabilities, and either has difficulties
10 representing himself or herself or is unable, due to
11 disabilities, to represent himself or herself;
12 9. Current or former applicants for, or recipients of,
13 vocational rehabilitation services; and
14 10. The director of the division, who shall be an ex
15 officio member of the council.
16 (b) Members of the council shall be appointed by the
17 Governor, who shall select members after soliciting
18 recommendations from representatives of organizations
19 representing a broad range of individuals who have
20 disabilities, and organizations interested in those
21 individuals.
22 (c) A majority of council members shall be persons who
23 are:
24 1. Blind; and
25 2. >Not employed by the division.
26 (d) The council shall select a chair from among its
27 membership.
28 (e) Each member of the council shall serve for a term
29 of not more than 3 years, except that:
30 1. A member appointed to fill a vacancy occurring
31 prior to the expiration of the term for which a predecessor
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1 was appointed shall be appointed for the remainder of such
2 term; and
3 2. The terms of service of the members initially
4 appointed shall be, as specified by the Governor, for such
5 fewer number of years as will provide for the expiration of
6 terms on a staggered basis.
7 (f) No member of the council may serve more than two
8 consecutive full terms.
9 (g) Any vacancy occurring in the membership of the
10 council shall be filled in the same manner as the original
11 appointment. A vacancy does not affect the power of the
12 remaining members to execute the duties of the council.
13 (a)(h) In addition to the other functions specified in
14 the act this section, the council shall:
15 1. Review, analyze, and direct advise the division
16 regarding the performance of the responsibilities of the
17 division under Title I of the act, particularly
18 responsibilities relating to:
19 a. Eligibility, including order of selection;
20 b. The extent, scope, and effectiveness of services
21 provided; and
22 c. Functions performed by state agencies that affect
23 or potentially affect the ability of individuals who are blind
24 to achieve rehabilitation goals and objectives under Title I.
25 2. Advise the department and the division, and provide
26 direction for, at the discretion of the department or
27 division, assist in the preparation of applications, the state
28 plan as required by federal law, the strategic plan, and
29 amendments to the plans, reports, needs assessments, and
30 evaluations required by Title I.
31
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1 3. Prepare by March 1, 2001, and begin implementing,
2 by July 1, 2001, subject to approval by the Federal
3 Government, a 5-year strategic plan to provide services to
4 individuals who are blind. The council must consult with
5 stakeholders and conduct public hearings as part of the
6 development of the plan. The plan must be submitted to the
7 Governor, the President of the Senate, and the Speaker of the
8 House of Representatives. The council annually shall make
9 amendments to the plan, which also must be submitted to the
10 Governor, the President of the Senate, and the Speaker of the
11 House of Representatives. The plan must provide for the
12 maximum use of community-based rehabilitation providers for
13 the delivery of services and a corresponding reduction in the
14 number of state employees in the division to the minimum
15 number necessary to carry out the functions required under
16 this section. The plan also must provide for 90 percent of the
17 funds provided for services to individuals who are blind to be
18 used for direct customer services.
19 4.3. To the extent feasible, conduct a review and
20 analysis of the effectiveness of, and consumer satisfaction
21 with:
22 a. The functions performed by state agencies and other
23 public and private entities responsible for performing
24 functions for individuals who are blind.
25 b. Vocational rehabilitation services:
26 (I) Provided or paid for from funds made available
27 under the act or through other public or private sources.
28 (II) Provided by state agencies and other public and
29 private entities responsible for providing vocational
30 rehabilitation services to individuals who are blind.
31
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1 5.4. Prepare and submit an annual report on the status
2 of vocational rehabilitation services for individuals who are
3 the blind in the state to the Governor and the Commissioner of
4 the Rehabilitative Services Administration, established under
5 s. 702 of the act, and make the report available to the
6 public.
7 6.5. Coordinate with other councils within the state,
8 including the Independent Living Council, the advisory panel
9 established under s. 613(a)(12) of the Individuals with
10 Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State
11 Planning Council described in s. 124 of the Developmental
12 Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
13 6024, and the state mental health planning council established
14 under s. 1916(e) of the Public Health Service Act, 42 U.S.C.
15 300X-4(e), the Occupational Access and Opportunity Commission,
16 and the state Workforce Development Board under the federal
17 Workforce Investment Act.
18 7.6. Advise the department and division and provide
19 for coordination and the establishment of working
20 relationships among the department, the division, the
21 Independent Living Council, and centers for independent living
22 in the state.
23 8.7. Perform such other functions consistent with the
24 purposes of the act as the council determines to be
25 appropriate that are comparable to functions performed by the
26 council.
27 (b)(i)1. The council shall prepare, in conjunction
28 with the division, a plan for the provision of such resources,
29 including such staff and other personnel, as may be necessary
30 to carry out the functions of the council. The resource plan
31 shall, to the maximum extent possible, rely on the use of
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1 resources in existence during the period of implementation of
2 the plan.
3 2. If there is a disagreement between the council and
4 the division in regard to the resources necessary to carry out
5 the functions of the council as set forth in this section, the
6 disagreement shall be resolved by the Governor.
7 2.3. The council shall, consistent with law, supervise
8 and evaluate such staff and other personnel as may be
9 necessary to carry out its functions.
10 3.4. While assisting the council in carrying out its
11 duties, staff and other personnel shall not be assigned duties
12 by the division or any other state agency or office that would
13 create a conflict of interest.
14 (c)(j) No council member shall cast a vote on any
15 matter that would provide direct financial benefit to the
16 member or otherwise give the appearance of a conflict of
17 interest under state law.
18 (d)(k) The council shall convene at least four
19 meetings each year. These meetings shall occur in such places
20 as the council deems necessary to conduct council business.
21 The council may conduct such forums or hearings as the council
22 considers appropriate. The meetings, hearings, and forums
23 shall be publicly announced. The meetings shall be open and
24 accessible to the public. To the maximum extent possible, the
25 meetings shall be held in locations that are accessible to
26 individuals with disabilities. The council shall make a report
27 of each meeting which shall include a record of its
28 discussions and recommendations, all of which reports shall be
29 made available to the public.
30 Section 100. Effective October 1, 2000, section
31 413.014, Florida Statutes, is amended to read:
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1 413.014 Community-based rehabilitation providers
2 programs.--The 5-year plan prepared under s. 413.011(3)(a)3.
3 shall require the Division of Blind Services to shall enter
4 into cooperative agreements with community-based
5 rehabilitation providers programs to be the service providers
6 for the blind citizens of their communities. State employees,
7 however, shall provide all services that may not be delegated
8 under federal law. The division shall, as rapidly as feasible,
9 increase the amount of such services provided by
10 community-based rehabilitation providers programs. The goal
11 shall be to decrease the amount of such services provided by
12 division employees and to increase to the maximum extent
13 allowed by federal law the amount of such services provided
14 through cooperative agreements with community-based service
15 providers. The division shall seek, to the maximum extent
16 allowed by federal and state law and regulation, all available
17 federal funds for such purposes. Funds and in-kind matching
18 contributions from community and private sources shall be used
19 to maximize federal funds. Unless prohibited by federal law or
20 regulation, the share of the federal vocational rehabilitation
21 grant apportioned for services to the blind shall be not less
22 than 17 percent. By December 31 of each year, the division
23 shall submit to the Governor, the President of the Senate, and
24 the Speaker of the House of Representatives a status report on
25 its progress on increasing the amount of services provided by
26 community-based rehabilitation providers as required by this
27 section. The report shall include recommendations on
28 reductions in the number of division employees based upon
29 increased use of community-based rehabilitation providers.
30 Section 101. Effective October 1, 2000, subsection (1)
31 of section 413.034, Florida Statutes, is amended to read:
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1 413.034 Commission established; membership.--
2 (1) There is created within the Department of
3 Management Services the Commission for Purchase from the Blind
4 or Other Severely Handicapped, to be composed of the secretary
5 of the Department of Management Services; the director of the
6 Division of Occupational Access and Opportunity Vocational
7 Rehabilitation of the Department of Education Labor and
8 Employment Security, who shall be an ex officio member with
9 voting rights; the director of the Division of Blind Services
10 of the Department of Management Services Labor and Employment
11 Security; and four members to be appointed by the Governor,
12 which four members shall be an executive director of a
13 nonprofit agency for the blind, an executive director of a
14 nonprofit agency for other severely handicapped persons, a
15 representative of private enterprise, and a representative of
16 other political subdivisions. All appointed members shall
17 serve for terms of 4 years. Appointed commission members
18 shall serve subject to confirmation by the Senate.
19 Section 102. Effective October 1, 2000, paragraph (a)
20 of subsection (2) and subsection (3) of section 413.051,
21 Florida Statutes, are amended to read:
22 413.051 Eligible blind persons; operation of vending
23 stands.--
24 (2) As used in this section:
25 (a) "Blind licensee" means any person who is blind and
26 who is person trained and licensed by the Division of Blind
27 Services of the Department of Management Services Labor and
28 Employment Security to operate a vending stand.
29 (3) Blind licensees shall be given the first
30 opportunity to participate in the operation of vending stands
31 on all state properties acquired after July 1, 1979, when such
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1 facilities are operated under the supervision of the Division
2 of Blind Services of the Department of Management Services
3 Labor and Employment Security.
4 Section 103. Effective October 1, 2000, section
5 413.064, Florida Statutes, is amended to read:
6 413.064 Rules.--The Department of Management Services
7 Labor and Employment Security shall adopt all necessary rules
8 pertaining to the conduct of a solicitation for the benefit of
9 individuals who are blind persons, including criteria for
10 approval of an application for a permit for such solicitation.
11 Section 104. Effective October 1, 2000, section
12 413.066, Florida Statutes, is amended to read:
13 413.066 Revocation of permit.--Any failure on the part
14 of a person or organization holding a permit under the
15 provisions of ss. 413.061-413.068 to comply with the law or
16 with all rules promulgated by the Department of Management
17 Services Labor and Employment Security as authorized by s.
18 413.064 constitutes a ground for revocation of the permit by
19 the Division of Blind Services.
20 Section 105. Effective October 1, 2000, section
21 413.067, Florida Statutes, is amended to read:
22 413.067 Penalty.--Any person who violates the
23 provisions of ss. 413.061-413.068 or any rule promulgated by
24 the Department of Management Services Labor and Employment
25 Security pursuant thereto commits a misdemeanor of the second
26 degree, punishable as provided in s. 775.082 or s. 775.083.
27 Section 106. Effective October 1, 2000, subsection (1)
28 of section 413.395, Florida Statutes, is amended to read:
29 413.395 Florida Independent Living Council.--
30 (1) There is created the Florida Independent Living
31 Council to assist the division and the Division of Blind
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1 Services of the Department of Management Services Labor and
2 Employment Security, as well as other state agencies and local
3 planning and administrative entities assisted under Title VII
4 of the act, in the expansion and development of statewide
5 independent living policies, programs, and concepts and to
6 recommend improvements for such programs and services. The
7 council shall function independently of the division and,
8 unless the council elects to incorporate as a not-for-profit
9 corporation, is assigned to the division for administrative
10 purposes only. The council may elect to be incorporated as a
11 Florida corporation not for profit and, upon such election,
12 shall be assisted in the incorporation by the division for the
13 purposes stated in this section. The appointed members of the
14 council may constitute the board of directors for the
15 corporation.
16 Section 107. It is the intent of the Legislature that
17 the provisions of this act relating to services for
18 individuals who are blind not conflict with any federal
19 statute or implementing regulation governing federal
20 grant-in-aid programs administered by the Division of Blind
21 Services or the Florida Rehabilitation Council for Blind
22 Services. Whenever such a conflict is asserted by the U.S.
23 Department of Education or other applicable agency of the
24 Federal Government, the council shall submit to the U.S.
25 Department of Education or other applicable federal agency a
26 request for a favorable policy interpretation of the
27 conflicting portions of such statute or regulation. If the
28 request is approved, as certified in writing by the Secretary
29 of the U.S. Department of Education or the head of the other
30 applicable federal agency, the council or the division is
31 authorized to adjust the plan as necessary to achieve
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1 conformity with federal statutes or regulations. Before
2 adjusting the plan, the council or the division shall provide
3 to the President of the Senate and the Speaker of the House of
4 Representatives an explanation and justification of the
5 position of the council or division and shall outline all
6 feasible alternatives that are consistent with this act. These
7 alternatives may include the state supervision of local
8 service agencies by the council or the division if the
9 agencies are designated by the Governor.
10 Section 108. Effective upon this act becoming a law,
11 section 413.82, Florida Statutes, is amended to read:
12 413.82 Definitions.--As used in ss. 413.81-413.93, the
13 term:
14 (1) "Commission" means the Commission on Occupational
15 Access and Opportunity.
16 (2) "Community rehabilitation provider" means a
17 provider of services to people in a community setting which
18 has as its primary function services directed toward
19 employment outcomes for people with disabilities.
20 (3)(2) "Corporation" means the Occupational Access and
21 Opportunity Corporation.
22 (4)(3) "Division" means the Division of Occupational
23 Access and Opportunity Vocational Rehabilitation.
24 (5) "Plan" means the plan required by ss.
25 413.81-413.93.(4) "Office" means the Executive Office of the
26 Governor.
27 (6)(5) "State plan" means the state plan for
28 vocational rehabilitation required by Title I of the federal
29 Rehabilitation Act of 1973, as amended, and ss. 413.81-413.93.
30
31
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1 (7)(6) "Region" means a service area for a regional
2 workforce development board established by the Workforce
3 Development Board.
4 Section 109. Effective upon this act becoming a law,
5 subsections (2), (3), (6), (7), (8), and (10) of section
6 413.83, Florida Statutes, are amended to read:
7 413.83 Occupational Access and Opportunity Commission;
8 creation; purpose; membership.--
9 (2) The commission shall consist of 16 voting members,
10 including 15 members appointed, as provided in this section
11 herein, by the Governor, the President of the Senate, and the
12 Speaker of the House of Representatives, and four ex-officio,
13 nonvoting members. The commission must contain a minimum of 50
14 percent representation from the private sector. Appointment of
15 members is subject to confirmation by the Senate. The
16 membership of the commission may not include more than two
17 individuals who are, or are employed by, community
18 rehabilitation providers who contract to provide vocational
19 rehabilitation services to individuals who qualify for the
20 program. The members of the commission shall include:
21 (a) The Commissioner of Education, or his or her
22 designee, who shall serve as chair until October 1, 2000;
23 after October 1, 2000, the commission shall elect a chair from
24 its membership;
25 (b) Eight employers from the private sector, three of
26 whom shall be appointed by the Governor for a term of 4 years,
27 three of whom shall be appointed by the President of the
28 Senate for a term of 4 years, and two of whom shall be
29 appointed by the Speaker of the House of Representatives for a
30 term of 4 years;
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1 (c) An individual who is a consumer of vocational
2 rehabilitation services, who shall be appointed by the
3 Governor for a term of 4 years;
4 (d) A community rehabilitation provider who contracts
5 to provide vocational rehabilitation services to individuals
6 who qualify for the program and who shall be appointed by the
7 Governor for a term of 4 years;
8 (e) Five representatives of business, workforce
9 development, education, state government, local government, a
10 consumer advocate group, or a community organization, three of
11 whom shall be appointed by the Governor for a term of 4 years,
12 one of whom shall be appointed by the President of the Senate
13 for a term of 4 years, and one of whom shall be appointed by
14 the Speaker of the House of Representatives for a term of 4
15 years; and
16 (f) As exofficio, nonvoting members:
17 1. The executive director or his or her designee from
18 the Advocacy Center for Persons with Disabilities;
19 2. The chair of the Florida Rehabilitation Council;
20 3. The chair of the Council for Independent Living;
21 and
22 4. The chair of the Commission for the Purchase from
23 the Blind or Other Severely Handicapped.
24 (b) The chair of the Florida Rehabilitation Council;
25 (c) The chair of the Council for Independent Living;
26 (d) The chair of the Commission for the Purchase from
27 the Blind or Other Severely Handicapped;
28 (e) A community rehabilitation provider who contracts
29 to provide vocational rehabilitation services to individuals
30 who qualify for the program, who shall be appointed by the
31 Governor for a term of 4 years;
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1 (f) A representative from the Advocacy Center for
2 Persons With Disabilities, who shall be appointed by the
3 President of the Senate for a term of 4 years;
4 (g) A consumer of vocational rehabilitation services,
5 who shall be appointed by the Speaker of the House of
6 Representatives for a term of 4 years; and
7 (h) Other individuals with disabilities and
8 representatives of business, workforce development, education,
9 state government, local government, consumer advocate groups,
10 employers of individuals with disabilities, or community
11 organizations.
12 (3) By September 1, 2000, after receiving
13 recommendations from the commission, the Governor, the
14 President of the Senate, and the Speaker of the House of
15 Representatives shall consult together and take actions
16 necessary to bring the membership of the commission into
17 compliance with the requirements of this section. In taking
18 such action, initial terms shall be staggered as necessary to
19 ensure that the terms of no more than one-fourth of the
20 commission's total appointed membership shall expire in any
21 1-year period. Initially, the Governor, the President of the
22 Senate, and the Speaker of the House of Representatives shall
23 each appoint as members meeting the qualifications contained
24 in paragraph (2)(h), one member for a term of 3 years, one
25 member for a term of 2 years, and one member for a term of 1
26 year. Thereafter, after receiving recommendations from the
27 commission, the Governor, the President of the Senate, and the
28 Speaker of the House of Representatives shall appoint all
29 members for terms of 4 years. Any vacancy shall be filled by
30 appointment by the original appointing authority for the
31
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1 unexpired portion of the term by a person who possesses the
2 proper qualifications for the vacancy.
3 (6) The Governor shall name the chair of the
4 commission from its appointed members. The commission shall
5 biennially elect one of its members as vice chair, who shall
6 preside in the absence of the chair. Neither the chair, nor
7 the vice chair, may be a provider of client services funded
8 through the commission.
9 (7) The Rehabilitation Council created by s. 413.405
10 shall serve the commission and shall continue to perform its
11 designated duties, with the commission as the designated state
12 vocational rehabilitation agency. The commission shall
13 consider the recommendations made by the council.
14 (8) The commission may appoint advisory committees
15 that the commission considers appropriate, which may include
16 members from outside the commission to study special problems
17 or issues and advise the commission on those subjects. The
18 commission shall establish an advisory council composed of
19 representatives from not-for-profit organizations that have
20 submitted a resolution requesting membership and have had the
21 request approved by the commission. Any existing advisory
22 board, commission, or council may seek to become an official
23 advisory committee to the commission by submitting to the
24 commission a resolution requesting affiliation and having the
25 request approved by the commission. The commission shall
26 establish the operating procedures of the committees.
27 (10) The members of the commission may rely on and are
28 subject to are entitled to be reimbursed for reasonable and
29 necessary expenses of attending meetings and performing
30 commission duties, including per diem and travel expenses, and
31
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1 for personal care attendants and interpreters needed by
2 members during meetings, as provided in s. 413.273.
3 Section 110. Effective upon this act becoming a law,
4 section 413.84, Florida Statutes, is amended to read:
5 413.84 Powers and duties.--The commission:
6 (1) Effective July 1, 2000, shall serve as the
7 director of the Division of Occupational Access and
8 Opportunity of the Department of Education.
9 (2) Is responsible for establishing policy, planning,
10 and quality assurance for the programs assigned and funded to
11 the division, including, but not limited to, vocational
12 rehabilitation and independent living services to persons with
13 disabilities which services are funded under the federal
14 Rehabilitation Act of 1973, as amended, in a coordinated,
15 efficient, and effective manner. The Occupational Access and
16 Opportunity Commission has authority to adopt rules pursuant
17 to ss. 120.536(1) and 120.54 to implement provisions of law
18 conferring duties upon it. Such rules and policies shall be
19 submitted to the State Board of Education for approval. If any
20 rule is not disapproved by the State Board of Education within
21 45 days after its receipt by the State Board of Education, the
22 rule shall be filed immediately with the Department of State.
23 Effective October 1, 2000, rules adopted by the commission do
24 not require approval by the State Board of Education.
25 (3) Shall, in consultation with the Commissioner of
26 Education, hire a division director to be responsible to the
27 commission for operation and maintenance of the programs
28 assigned and funded to the division.
29 (4)(1) Shall, no later than January July 1, 2001 2000,
30 after consulting with stakeholders and holding public
31 hearings, develop and implement a 5-year plan to promote
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1 occupational access and opportunities for Floridians with
2 disabilities, and to fulfill the federal plan requirements.
3 The plan must be submitted to the Governor, the President of
4 the Senate, and the Speaker of the House of Representatives.
5 The commission may make amendments annually to the plan, which
6 must be submitted to the Governor, the President of the
7 Senate, and the Speaker of the House of Representatives by the
8 first of January.
9 (a) The plan must explore the use of Individual
10 Training Accounts, as described in the federal Workforce Act
11 of 1998, Pub. L. No. 105-220, for eligible clients. If
12 developed, these accounts must be distributed under a written
13 memorandum of understanding with One-Stop Career Center
14 operators.
15 (b) The plan must include an emergency response
16 component to address economic downturns.
17 (c) The plan must designate an administrative entity
18 that will support the commission's work; provide technical
19 assistance, training, and capacity-building assistance; help
20 raise additional federal, state, and local funds; and promote
21 innovative contracts that upgrade or enhance direct services
22 to Floridians with disabilities.
23 (d) The plan must require that the commission enter
24 into cooperative agreements with community-based
25 rehabilitation programs by workforce region to be the service
26 providers for the program; however, state career service
27 employees shall provide all services that may not be delegated
28 under mandated by federal law. The commission shall, as
29 rapidly as is feasible, increase the amount of such services
30 provided by community-based rehabilitation programs. The plan
31 must incorporate, to the maximum extent allowed by federal and
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1 state law and regulation, all available funds for such
2 purposes. Funds and in-kind contributions from community and
3 private sources shall be used to enhance federal and state
4 resources.
5 (e) The plan must include recommendations regarding
6 specific performance standards and measurable outcomes, and
7 must outline procedures for monitoring operations of the
8 commission, the corporation, the division, commission's and
9 all providers of services under contract to the commission's
10 designated administrative entity's operations to ensure that
11 performance data is maintained and supported by records of
12 such entities. The commission shall consult with the Office of
13 Program Policy Analysis and Government Accountability in the
14 establishment of performance standards, measurable outcomes,
15 and monitoring procedures.
16 (5)(2) Notwithstanding the provisions of part I of
17 chapter 287, shall contract, no later than July 1, 2000, with
18 the corporation administrative entity designated in the plan
19 to execute the services, functions, and programs prescribed in
20 the plan. The commission shall serve as contract
21 administrator. If approved by the federal Department of
22 Education, the administrative entity may be a direct-support
23 organization. The commission shall define the terms of the
24 contract.
25 (6)(3) Shall work with the employer community to
26 better define, address, and meet its business needs with
27 qualified Floridians with disabilities.
28 (7)(4) Is responsible for the prudent use of all
29 public and private funds provided for the commission's use,
30 ensuring that the use of all funds is in accordance with all
31 applicable laws, bylaws, and contractual requirements.
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1 (8)(5) Shall develop an operational structure to carry
2 out the plan developed by the commission.
3 (9)(6) May appear on its own behalf before the
4 Legislature, boards, commissions, departments, or other
5 agencies of municipal, county, state, or Federal Government.
6 (10)(7) In the performance of its duties, may
7 undertake or commission research and studies.
8 (11)(8) Shall develop a budget, which is in keeping
9 with the plan, for the operation and activities of the
10 commission and functions of its designated administrative
11 entity. The budget shall be submitted to the Governor for
12 inclusion in the Governor's budget recommendations.
13 (12)(9) May assign staff from the office or division
14 to assist in implementing the provisions of this act relating
15 to the Occupational Access and Opportunity Commission.
16 Section 111. Effective upon this act becoming a law,
17 subsections (1), (3), and (4) of section 413.85, Florida
18 Statutes, are amended to read:
19 413.85 Occupational Access and Opportunity
20 Corporation; use of property; board of directors; duties;
21 audit.--
22 (1) ESTABLISHMENT.--If the commission elects to
23 contract with the corporation to provide services designate a
24 direct-support organization as its administrative entity, such
25 organization shall be designated the Occupational Access and
26 Opportunity Corporation:
27 (a) Which is a corporation not for profit, as defined
28 in s. 501(c) s. 501(c)(6) of the Internal Revenue Code of
29 1986, as amended, and is incorporated under the provisions of
30 chapter 617 and approved by the Department of State.
31
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1 (b) Which is organized and operated exclusively to
2 carry out such activities and tasks as the commission assigns
3 through contract. request, receive, hold, invest, and
4 administer property and to manage and make expenditures for
5 the operation of the activities, services, functions, and
6 programs of the provisions of this act relating to the
7 Occupational Access and Opportunity Commission.
8 (c) Which the commission, after review, has certified
9 to be operating in a manner consistent with the policies and
10 goals of the commission and the plan.
11 (d) Which shall not be considered an agency for the
12 purposes of chapters 120, and 216, and 287; ss. 255.25 and
13 255.254, relating to leasing of buildings; ss. 283.33 and
14 283.35, relating to bids for printing; s. 215.31; and parts IV
15 through VIII of chapter 112.
16 (e) Which shall be subject to the provisions of
17 chapter 119, relating to public records;, and the provisions
18 of chapter 286, relating to public meetings; and the
19 provisions of s. 768.28 as a corporation primarily acting as
20 an instrumentality of this state.
21 (3) BOARD OF DIRECTORS.--The board of directors of the
22 corporation shall be composed of no fewer than 7 and no more
23 than 15 members appointed by the commission, and a majority of
24 its members must be members of the commission 15 members,
25 appointed by the commission from its own membership. The vice
26 chair of the commission shall serve as chair of the
27 corporation's board of directors.
28 (4) POWERS AND DUTIES.--The corporation, in the
29 performance of its duties:
30 (a) May make and enter into contracts and assume such
31 other functions as are necessary to carry out the provisions
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1 of the plan and the corporation's contract with the commission
2 which are not inconsistent with this or any other provision of
3 law.
4 (b) May develop a program to leverage the existing
5 federal and state funding and to provide upgraded or expanded
6 services to Floridians with disabilities if directed by the
7 commission.
8 (c) May commission and adopt, in cooperation with the
9 commission, an official business name and logo to be used in
10 all promotional materials directly produced by the
11 corporation.
12 (d) The corporation shall establish cooperative and
13 collaborative memoranda of understanding with One-Stop Career
14 Center operators to increase, upgrade, or expand services to
15 Floridians with disabilities who are seeking employment and
16 self-sufficiency.
17 (e) May hire any individual who, as of June 30, 2000,
18 is employed by the Division of Vocational Rehabilitation. Such
19 hiring may be done through a lease agreement established by
20 the Department of Management Services for the corporation.
21 Under such agreement, the employee shall retain his or her
22 status as a state employee, but shall work under the direct
23 supervision of the corporation. Retention of state employee
24 status shall include the right to participate in the Florida
25 Retirement System. The Department of Management Services shall
26 establish the terms and conditions of such lease agreements.
27 Section 112. Effective upon this act becoming a law,
28 section 413.86, Florida Statutes, is amended to read:
29 413.86 Public-private partnerships.--The Division of
30 Occupational Access and Opportunity Vocational Rehabilitation
31 will enter into local public-private partnerships to the
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1 extent that it is beneficial to increasing employment outcomes
2 for persons with disabilities and ensuring their full
3 involvement in the comprehensive workforce investment system.
4 Section 113. Effective upon this act becoming law,
5 section 413.865, Florida Statutes, is created to read:
6 413.865 Coordination with workforce system.--
7 (1) The Occupational Access and Opportunity
8 Commission, the Division of Occupational Access and
9 Opportunity, the corporation, and community-based service
10 providers shall coordinate and integrate their planning,
11 programs, and services with the planning, programs, and
12 services of Workforce Florida, Inc., the Agency for Workforce
13 Innovation, regional workforce boards, and one-stop center
14 operators to ensure that persons with disabilities can easily
15 receive all intended and available federal, state, and local
16 program services.
17 (2) These public and private partners shall work
18 together to ensure and provide continuity of service to
19 persons with disabilities throughout the state, as well as to
20 provide consistent and upgraded services to persons with
21 disabilities throughout the state.
22 (3) These public and private partners shall work
23 together to ensure that Florida's design and implementation of
24 the federal Workforce Investment Act:
25 (a) Integrates these partners in the One-Stop Delivery
26 System through memorandums of understanding;
27 (b) Includes qualified and eligible providers of
28 services to persons with disabilities in consumer reports to
29 promote choice;
30
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1 (c) Develops, using the Untried Worker Placement and
2 Employment Incentive Act, a tailored Individual Training
3 Account design for persons with disabilities; and
4 (d) Provides electronic access for persons with
5 disabilities to workforce development services.
6 (4) These partners, with resources under their control
7 or by budget amendment, shall establish the collaboration
8 prescribed by this section. The Commission and Workforce
9 Florida, Inc., may adopt a joint agreement that commits,
10 contracts, redirects, and obligates resources under their
11 control to support the strategy detailed in this section.
12 (5) The commission, in cooperation with its public and
13 private partners, shall be responsible for developing and
14 implementing comprehensive performance measurement
15 methodologies to monitor and evaluate the progress of the
16 commission and its public and private partners in meeting the
17 statutory responsibilities for providing services to
18 individuals with disabilities. These methodologies shall
19 include, but are not limited to, measures to evaluate the
20 performance of community rehabilitation providers who contract
21 with the commission. The commission shall emphasize
22 integration with performance measurement methodologies of the
23 state's workforce development system.
24 Section 114. Effective upon this act becoming a law,
25 subsection (2) of section 413.87, Florida Statutes, is amended
26 to read:
27 413.87 Annual audit.--
28 (2) The corporation shall provide to the commission a
29 quarterly report that:
30
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1 (a) Updates its progress and impact in creating
2 employment and increasing the personal income of individuals
3 with disabilities;
4 (b) Provides detailed, unaudited financial statements
5 of sources and uses of public and private funds;
6 (c) Measures progress towards annual goals and
7 objectives set forth in the contract commission's plan;
8 (d) Reviews all pertinent research findings and
9 training efforts; and
10 (e) Provides other measures of accountability as
11 requested by the commission.
12 Section 115. Effective upon this act becoming a law,
13 section 413.88, Florida Statutes, is amended to read:
14 413.88 Annual report of the Occupational Access and
15 Opportunity Commission; audits.--
16 (1) Before January 1 of each year, the commission
17 shall submit to the Governor, the President of the Senate, and
18 the Speaker of the House of Representatives a complete and
19 detailed report setting forth for itself and its designated
20 administrative entity:
21 (a) Its operations and accomplishments during the
22 fiscal year.
23 (b) Its business and operational plan.
24 (c) The assets and liabilities of the corporation
25 designated administrative entity at the end of its most recent
26 fiscal year.
27 (d) A copy of the annual financial and compliance
28 audit.
29 (2) The Auditor General may, pursuant to his or her
30 own authority or at the direction of the Legislative Auditing
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1 Committee, conduct an audit of the commission or the
2 corporation its designated administrative entity.
3 Section 116. Effective upon this act becoming a law,
4 section 413.89, Florida Statutes, is amended to read:
5 413.89 State vocational rehabilitation plan;
6 preparation and submittal; administration.--Effective July 1,
7 2000, the Department of Education is the designated state
8 agency and the Division of Occupational Access and Opportunity
9 is the designated state unit for purposes of compliance with
10 the federal Rehabilitation Act of 1973, as amended. Effective
11 October 1, 2000, Upon appointment, the Occupational Access and
12 Opportunity Commission is the designated state agency for
13 purposes of compliance with the Rehabilitation Act of 1973, as
14 amended, and authorized to prepare and submit the federally
15 required state vocational rehabilitation plan and to serve as
16 the governing authority of programs administered by the
17 commission, including, but not limited to: administering the
18 state's plan under the Rehabilitation Act of 1973, as amended;
19 receiving federal funds as the state vocational rehabilitation
20 agency; directing the expenditure of legislative
21 appropriations for rehabilitative services through its
22 designated administrative entity or other agents; and, if
23 necessary, making any changes to the plan that the commission
24 considers necessary to maintain compliance with the federal
25 Rehabilitation Act of 1973, as amended, and implementing such
26 changes in order to continue to qualify and maintain federal
27 funding support. During the period of time between July 1,
28 2000, and October 1, 2000, the department and the appointment
29 of the commission and the designation of the administrative
30 entity, the commission and the division may, by agreement,
31
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1 provide for continued administration consistent with federal
2 and state law.
3 Section 117. Effective upon this act becoming a law,
4 section 413.90, Florida Statutes, is amended to read:
5 413.90 Designated State Agency and Designated State
6 Unit Designation of administrative entity.--Effective July 1,
7 2000, The division must comply with the transitional direction
8 of the plan. If the commission designates an administrative
9 entity other than the division, all powers, duties, and
10 functions of and all related records, property, and equipment
11 and all contractual rights, obligations of, and unexpended
12 balances of appropriations and other funds or allocations of
13 the division's component programs of the Division of
14 Vocational Rehabilitation of the Department of Labor and
15 Employment Security shall be transferred to the Division of
16 Occupational Access and Opportunity of the Department of
17 Education commission as provided in the plan, pursuant to s.
18 20.06(2). The commission and the Department of Education, in
19 establishing the Division of Occupational Access and
20 Opportunity, may establish no more than 700 positions
21 inclusive of those positions leased by the corporation. These
22 positions may be filled initially by former employees of the
23 Division of Vocational Rehabilitation. By October 1, 2000, the
24 division shall reduce the number of positions to no more than
25 300. Notwithstanding the provisions of s. 110.227, if a layoff
26 becomes necessary with respect to the Division of Occupational
27 Access and Opportunity, the competitive area identified for
28 such layoff shall not include any other division of the
29 Department of Education. If unforeseen transition activities
30 occur in moving service delivery from division employees to
31 community rehabilitation providers and create situations
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1 negatively affecting client services, and the remedy to those
2 temporary situations would require more than 300 positions,
3 the division may request a budget amendment to retain
4 positions. The request must provide full justification for the
5 continuation and include the number of positions and duration
6 of time required. In no instance shall the time required
7 exceed 3 months. Effective July 1, 2000, the records,
8 property, and unexpended balances of appropriations,
9 allocations, and other funds and resources of the Office of
10 the Secretary and the Office of Administrative Services of the
11 Department of Labor and Employment Security which support the
12 activities and functions of the Division of Vocational
13 Rehabilitation are transferred as provided in s. 20.06(2), to
14 the Division of Occupational Access and Opportunity at the
15 Department of Education. The Department of Labor and
16 Employment Security shall assist the commission in carrying
17 out the intent of this chapter and achieving an orderly
18 transition. The Office of Planning and Budget shall submit the
19 necessary budget amendments to the Legislature in order to
20 bring the budget into compliance with the plan.
21 Section 118. Effective upon this act becoming a law,
22 section 413.91, Florida Statutes, is amended to read:
23 413.91 Service providers; quality assurance and
24 fitness for responsibilities.--The Occupational Access and
25 Opportunity Commission shall assure that all contractors the
26 designated administrative entity and providers of direct
27 service maintain an internal system of quality assurance, have
28 proven functional systems, and are subject to a due-diligence
29 inquiry for their fitness to undertake service
30 responsibilities regardless of whether a contract for services
31 is competitively or noncompetitively procured.
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1 Section 119. Effective upon this act becoming a law,
2 section 413.92, Florida Statutes, is amended to read:
3 413.92 Conflict of laws.--It is the intent of the
4 Legislature that the provisions of this act relating to the
5 Occupational Access and Opportunity Commission not conflict
6 with any federal statute or implementing regulation governing
7 federal grant-in-aid programs administered by the division or
8 the commission. Whenever such a conflict is asserted by the
9 applicable agency of the Federal Government, until October 1,
10 2000, the department, and after October 1, 2000, the
11 commission shall submit to the federal Department of
12 Education, or other applicable federal agency, a request for a
13 favorable policy interpretation of the conflicting portions.
14 If the request is approved, as certified in writing by the
15 secretary of the federal Department of Education, or the head
16 of the other applicable federal agency, the commission or the
17 division is authorized to make the adjustments in the plan
18 which are necessary for achieving conformity to federal
19 statutes and regulations. Before making such adjustments, the
20 commission or the division shall provide to the President of
21 the Senate and the Speaker of the House of Representatives an
22 explanation and justification of the position of the division
23 or the commission and shall outline all feasible alternatives
24 that are consistent with this section. These alternatives may
25 include the state supervision of local service agencies by the
26 commission or the division if the agencies are designated by
27 the Governor.
28 Section 120. Effective upon this act becoming a law,
29 section 413.93, Florida Statutes, is repealed.
30 Section 121. Present subsection (3) of section 440.02,
31 Florida Statutes, is redesignated as subsection (4), a new
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1 subsection (3) is added to that section and subsequent
2 subsections are redesignated, and subsections (11) and (13)
3 are amended to read:
4 440.02 Definitions.--When used in this chapter, unless
5 the context clearly requires otherwise, the following terms
6 shall have the following meanings:
7 (3) "Agency" means the Agency for Health Care
8 Administration.
9 (11) "Department" means the Department of Insurance
10 Labor and Employment Security.
11 (13) "Division" means the Division of Workers'
12 Compensation of the Department of Insurance Labor and
13 Employment Security.
14 Section 122. Subsections (3), (4), (5), (6), (7), (8),
15 (9), (11), (12), and (13) of section 440.13, Florida Statutes,
16 are amended to read:
17 440.13 Medical services and supplies; penalty for
18 violations; limitations.--
19 (3) PROVIDER ELIGIBILITY; AUTHORIZATION.--
20 (a) As a condition to eligibility for payment under
21 this chapter, a health care provider who renders services must
22 be a certified health care provider and must receive
23 authorization from the carrier before providing treatment.
24 This paragraph does not apply to emergency care. The agency
25 division shall adopt rules to implement the certification of
26 health care providers. As a one-time prerequisite to obtaining
27 certification, the agency division shall require each
28 physician to demonstrate proof of completion of a minimum
29 5-hour course that covers the subject areas of cost
30 containment, utilization control, ergonomics, and the practice
31 parameters adopted by the agency division governing the
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1 physician's field of practice. The agency division shall
2 coordinate with the Agency for Health Care Administration, the
3 Florida Medical Association, the Florida Osteopathic Medical
4 Association, the Florida Chiropractic Association, the Florida
5 Podiatric Medical Association, the Florida Optometric
6 Association, the Florida Dental Association, and other health
7 professional organizations and their respective boards as
8 deemed necessary by the agency Agency for Health Care
9 Administration in complying with this subsection. No later
10 than October 1, 1994, the agency division shall adopt rules
11 regarding the criteria and procedures for approval of courses
12 and the filing of proof of completion by the physicians.
13 (b) A health care provider who renders emergency care
14 must notify the carrier by the close of the third business day
15 after it has rendered such care. If the emergency care results
16 in admission of the employee to a health care facility, the
17 health care provider must notify the carrier by telephone
18 within 24 hours after initial treatment. Emergency care is not
19 compensable under this chapter unless the injury requiring
20 emergency care arose as a result of a work-related accident.
21 Pursuant to chapter 395, all licensed physicians and health
22 care providers in this state shall be required to make their
23 services available for emergency treatment of any employee
24 eligible for workers' compensation benefits. To refuse to make
25 such treatment available is cause for revocation of a license.
26 (c) A health care provider may not refer the employee
27 to another health care provider, diagnostic facility, therapy
28 center, or other facility without prior authorization from the
29 carrier, except when emergency care is rendered. Any referral
30 must be to a health care provider that has been certified by
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1 the agency division, unless the referral is for emergency
2 treatment.
3 (d) A carrier must respond, by telephone or in
4 writing, to a request for authorization by the close of the
5 third business day after receipt of the request. A carrier who
6 fails to respond to a written request for authorization for
7 referral for medical treatment by the close of the third
8 business day after receipt of the request consents to the
9 medical necessity for such treatment. All such requests must
10 be made to the carrier. Notice to the carrier does not include
11 notice to the employer.
12 (e) Carriers shall adopt procedures for receiving,
13 reviewing, documenting, and responding to requests for
14 authorization. Such procedures shall be for a health care
15 provider certified under this section.
16 (f) By accepting payment under this chapter for
17 treatment rendered to an injured employee, a health care
18 provider consents to the jurisdiction of the agency division
19 as set forth in subsection (11) and to the submission of all
20 records and other information concerning such treatment to the
21 agency division in connection with a reimbursement dispute,
22 audit, or review as provided by this section. The health care
23 provider must further agree to comply with any decision of the
24 agency division rendered under this section.
25 (g) The employee is not liable for payment for medical
26 treatment or services provided pursuant to this section except
27 as otherwise provided in this section.
28 (h) The provisions of s. 455.654 are applicable to
29 referrals among health care providers, as defined in
30 subsection (1), treating injured workers.
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1 (i) Notwithstanding paragraph (d), a claim for
2 specialist consultations, surgical operations,
3 physiotherapeutic or occupational therapy procedures, X-ray
4 examinations, or special diagnostic laboratory tests that cost
5 more than $1,000 and other specialty services that the agency
6 division identifies by rule is not valid and reimbursable
7 unless the services have been expressly authorized by the
8 carrier, or unless the carrier has failed to respond within 10
9 days to a written request for authorization, or unless
10 emergency care is required. The insurer shall not refuse to
11 authorize such consultation or procedure unless the health
12 care provider or facility is not authorized or certified or
13 unless an expert medical advisor has determined that the
14 consultation or procedure is not medically necessary or
15 otherwise compensable under this chapter. Authorization of a
16 treatment plan does not constitute express authorization for
17 purposes of this section, except to the extent the carrier
18 provides otherwise in its authorization procedures. This
19 paragraph does not limit the carrier's obligation to identify
20 and disallow overutilization or billing errors.
21 (j) Notwithstanding anything in this chapter to the
22 contrary, a sick or injured employee shall be entitled, at all
23 times, to free, full, and absolute choice in the selection of
24 the pharmacy or pharmacist dispensing and filling
25 prescriptions for medicines required under this chapter. It is
26 expressly forbidden for the agency division, an employer, or a
27 carrier, or any agent or representative of the agency
28 division, an employer, or a carrier to select the pharmacy or
29 pharmacist which the sick or injured employee must use;
30 condition coverage or payment on the basis of the pharmacy or
31 pharmacist utilized; or to otherwise interfere in the
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1 selection by the sick or injured employee of a pharmacy or
2 pharmacist.
3 (4) NOTICE OF TREATMENT TO CARRIER; FILING WITH AGENCY
4 DIVISION.--
5 (a) Any health care provider providing necessary
6 remedial treatment, care, or attendance to any injured worker
7 shall submit treatment reports to the carrier in a format
8 prescribed by the agency division. A claim for medical or
9 surgical treatment is not valid or enforceable against such
10 employer or employee, unless, by the close of the third
11 business day following the first treatment, the physician
12 providing the treatment furnishes to the employer or carrier a
13 preliminary notice of the injury and treatment on forms
14 prescribed by the agency division and, within 15 days
15 thereafter, furnishes to the employer or carrier a complete
16 report, and subsequent thereto furnishes progress reports, if
17 requested by the employer or insurance carrier, at intervals
18 of not less than 3 weeks apart or at less frequent intervals
19 if requested on forms prescribed by the agency division.
20 (b) Each medical report or bill obtained or received
21 by the employer, the carrier, or the injured employee, or the
22 attorney for the employer, carrier, or injured employee, with
23 respect to the remedial treatment or care of the injured
24 employee, including any report of an examination, diagnosis,
25 or disability evaluation, must be filed with the Agency for
26 Health Care Administration Division of Workers' Compensation
27 pursuant to rules adopted by the agency division. The health
28 care provider shall also furnish to the injured employee or to
29 his or her attorney, on demand, a copy of his or her office
30 chart, records, and reports, and may charge the injured
31 employee an amount authorized by the agency division for the
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1 copies. Each such health care provider shall provide to the
2 agency division any additional information about the remedial
3 treatment, care, and attendance that the agency division
4 reasonably requests.
5 (c) It is the policy for the administration of the
6 workers' compensation system that there be reasonable access
7 to medical information by all parties to facilitate the
8 self-executing features of the law. Notwithstanding the
9 limitations in s. 455.667 and subject to the limitations in s.
10 381.004, upon the request of the employer, the carrier, or the
11 attorney for either of them, the medical records of an injured
12 employee must be furnished to those persons and the medical
13 condition of the injured employee must be discussed with those
14 persons, if the records and the discussions are restricted to
15 conditions relating to the workplace injury. Any such
16 discussions may be held before or after the filing of a claim
17 without the knowledge, consent, or presence of any other party
18 or his or her agent or representative. A health care provider
19 who willfully refuses to provide medical records or to discuss
20 the medical condition of the injured employee, after a
21 reasonable request is made for such information pursuant to
22 this subsection, shall be subject by the agency division to
23 one or more of the penalties set forth in paragraph (8)(b).
24 (5) INDEPENDENT MEDICAL EXAMINATIONS.--
25 (a) In any dispute concerning overutilization, medical
26 benefits, compensability, or disability under this chapter,
27 the carrier or the employee may select an independent medical
28 examiner. The examiner may be a health care provider treating
29 or providing other care to the employee. An independent
30 medical examiner may not render an opinion outside his or her
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1 area of expertise, as demonstrated by licensure and applicable
2 practice parameters.
3 (b) Each party is bound by his or her selection of an
4 independent medical examiner and is entitled to an alternate
5 examiner only if:
6 1. The examiner is not qualified to render an opinion
7 upon an aspect of the employee's illness or injury which is
8 material to the claim or petition for benefits;
9 2. The examiner ceases to practice in the specialty
10 relevant to the employee's condition;
11 3. The examiner is unavailable due to injury, death,
12 or relocation outside a reasonably accessible geographic area;
13 or
14 4. The parties agree to an alternate examiner.
15
16 Any party may request, or a judge of compensation claims may
17 require, designation of an agency a division medical advisor
18 as an independent medical examiner. The opinion of the
19 advisors acting as examiners shall not be afforded the
20 presumption set forth in paragraph (9)(c).
21 (c) The carrier may, at its election, contact the
22 claimant directly to schedule a reasonable time for an
23 independent medical examination. The carrier must confirm the
24 scheduling agreement in writing within 5 days and notify
25 claimant's counsel, if any, at least 7 days before the date
26 upon which the independent medical examination is scheduled to
27 occur. An attorney representing a claimant is not authorized
28 to schedule independent medical evaluations under this
29 subsection.
30 (d) If the employee fails to appear for the
31 independent medical examination without good cause and fails
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1 to advise the physician at least 24 hours before the scheduled
2 date for the examination that he or she cannot appear, the
3 employee is barred from recovering compensation for any period
4 during which he or she has refused to submit to such
5 examination. Further, the employee shall reimburse the carrier
6 50 percent of the physician's cancellation or no-show fee
7 unless the carrier that schedules the examination fails to
8 timely provide to the employee a written confirmation of the
9 date of the examination pursuant to paragraph (c) which
10 includes an explanation of why he or she failed to appear. The
11 employee may appeal to a judge of compensation claims for
12 reimbursement when the carrier withholds payment in excess of
13 the authority granted by this section.
14 (e) No medical opinion other than the opinion of a
15 medical advisor appointed by the judge of compensation claims
16 or agency division, an independent medical examiner, or an
17 authorized treating provider is admissible in proceedings
18 before the judges of compensation claims.
19 (f) Attorney's fees incurred by an injured employee in
20 connection with delay of or opposition to an independent
21 medical examination, including, but not limited to, motions
22 for protective orders, are not recoverable under this chapter.
23 (6) UTILIZATION REVIEW.--Carriers shall review all
24 bills, invoices, and other claims for payment submitted by
25 health care providers in order to identify overutilization and
26 billing errors, and may hire peer review consultants or
27 conduct independent medical evaluations. Such consultants,
28 including peer review organizations, are immune from liability
29 in the execution of their functions under this subsection to
30 the extent provided in s. 766.101. If a carrier finds that
31 overutilization of medical services or a billing error has
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1 occurred, it must disallow or adjust payment for such services
2 or error without order of a judge of compensation claims or
3 the agency division, if the carrier, in making its
4 determination, has complied with this section and rules
5 adopted by the agency division.
6 (7) UTILIZATION AND REIMBURSEMENT DISPUTES.--
7 (a) Any health care provider, carrier, or employer who
8 elects to contest the disallowance or adjustment of payment by
9 a carrier under subsection (6) must, within 30 days after
10 receipt of notice of disallowance or adjustment of payment,
11 petition the agency division to resolve the dispute. The
12 petitioner must serve a copy of the petition on the carrier
13 and on all affected parties by certified mail. The petition
14 must be accompanied by all documents and records that support
15 the allegations contained in the petition. Failure of a
16 petitioner to submit such documentation to the agency division
17 results in dismissal of the petition.
18 (b) The carrier must submit to the agency division
19 within 10 days after receipt of the petition all documentation
20 substantiating the carrier's disallowance or adjustment.
21 Failure of the carrier to submit the requested documentation
22 to the agency division within 10 days constitutes a waiver of
23 all objections to the petition.
24 (c) Within 60 days after receipt of all documentation,
25 the agency division must provide to the petitioner, the
26 carrier, and the affected parties a written determination of
27 whether the carrier properly adjusted or disallowed payment.
28 The agency division must be guided by standards and policies
29 set forth in this chapter, including all applicable
30 reimbursement schedules, in rendering its determination.
31
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1 (d) If the agency division finds an improper
2 disallowance or improper adjustment of payment by an insurer,
3 the insurer shall reimburse the health care provider,
4 facility, insurer, or employer within 30 days, subject to the
5 penalties provided in this subsection.
6 (e) The agency division shall adopt rules to carry out
7 this subsection. The rules may include provisions for
8 consolidating petitions filed by a petitioner and expanding
9 the timetable for rendering a determination upon a
10 consolidated petition.
11 (f) Any carrier that engages in a pattern or practice
12 of arbitrarily or unreasonably disallowing or reducing
13 payments to health care providers may be subject to one or
14 more of the following penalties imposed by the agency
15 division:
16 1. Repayment of the appropriate amount to the health
17 care provider.
18 2. An administrative fine assessed by the agency
19 division in an amount not to exceed $5,000 per instance of
20 improperly disallowing or reducing payments.
21 3. Award of the health care provider's costs,
22 including a reasonable attorney's fee, for prosecuting the
23 petition.
24 (8) PATTERN OR PRACTICE OF OVERUTILIZATION.--
25 (a) Carriers must report to the agency division all
26 instances of overutilization including, but not limited to,
27 all instances in which the carrier disallows or adjusts
28 payment. The agency division shall determine whether a pattern
29 or practice of overutilization exists.
30 (b) If the agency division determines that a health
31 care provider has engaged in a pattern or practice of
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1 overutilization or a violation of this chapter or rules
2 adopted by the agency division, it may impose one or more of
3 the following penalties:
4 1. An order of the agency division barring the
5 provider from payment under this chapter;
6 2. Deauthorization of care under review;
7 3. Denial of payment for care rendered in the future;
8 4. Decertification of a health care provider certified
9 as an expert medical advisor under subsection (9) or of a
10 rehabilitation provider certified under s. 440.49;
11 5. An administrative fine assessed by the agency
12 division in an amount not to exceed $5,000 per instance of
13 overutilization or violation; and
14 6. Notification of and review by the appropriate
15 licensing authority pursuant to s. 440.106(3).
16 (9) EXPERT MEDICAL ADVISORS.--
17 (a) The agency division shall certify expert medical
18 advisors in each specialty to assist the agency division and
19 the judges of compensation claims within the advisor's area of
20 expertise as provided in this section. The agency division
21 shall, in a manner prescribed by rule, in certifying,
22 recertifying, or decertifying an expert medical advisor,
23 consider the qualifications, training, impartiality, and
24 commitment of the health care provider to the provision of
25 quality medical care at a reasonable cost. As a prerequisite
26 for certification or recertification, the agency division
27 shall require, at a minimum, that an expert medical advisor
28 have specialized workers' compensation training or experience
29 under the workers' compensation system of this state and board
30 certification or board eligibility.
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1 (b) The agency division shall contract with or employ
2 expert medical advisors to provide peer review or medical
3 consultation to the agency division or to a judge of
4 compensation claims in connection with resolving disputes
5 relating to reimbursement, differing opinions of health care
6 providers, and health care and physician services rendered
7 under this chapter. Expert medical advisors contracting with
8 the agency division shall, as a term of such contract, agree
9 to provide consultation or services in accordance with the
10 timetables set forth in this chapter and to abide by rules
11 adopted by the agency division, including, but not limited to,
12 rules pertaining to procedures for review of the services
13 rendered by health care providers and preparation of reports
14 and recommendations for submission to the agency division.
15 (c) If there is disagreement in the opinions of the
16 health care providers, if two health care providers disagree
17 on medical evidence supporting the employee's complaints or
18 the need for additional medical treatment, or if two health
19 care providers disagree that the employee is able to return to
20 work, the agency division may, and the judge of compensation
21 claims shall, upon his or her own motion or within 15 days
22 after receipt of a written request by either the injured
23 employee, the employer, or the carrier, order the injured
24 employee to be evaluated by an expert medical advisor. The
25 opinion of the expert medical advisor is presumed to be
26 correct unless there is clear and convincing evidence to the
27 contrary as determined by the judge of compensation claims.
28 The expert medical advisor appointed to conduct the evaluation
29 shall have free and complete access to the medical records of
30 the employee. An employee who fails to report to and cooperate
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1 with such evaluation forfeits entitlement to compensation
2 during the period of failure to report or cooperate.
3 (d) The expert medical advisor must complete his or
4 her evaluation and issue his or her report to the agency
5 division or to the judge of compensation claims within 45 days
6 after receipt of all medical records. The expert medical
7 advisor must furnish a copy of the report to the carrier and
8 to the employee.
9 (e) An expert medical advisor is not liable under any
10 theory of recovery for evaluations performed under this
11 section without a showing of fraud or malice. The protections
12 of s. 766.101 apply to any officer, employee, or agent of the
13 agency division and to any officer, employee, or agent of any
14 entity with which the agency division has contracted under
15 this subsection.
16 (f) If the agency division or a judge of compensation
17 claims determines that the services of a certified expert
18 medical advisor are required to resolve a dispute under this
19 section, the carrier must compensate the advisor for his or
20 her time in accordance with a schedule adopted by the agency
21 division. The agency division may assess a penalty not to
22 exceed $500 against any carrier that fails to timely
23 compensate an advisor in accordance with this section.
24 (11) AUDITS BY AGENCY DIVISION; JURISDICTION.--
25 (a) The Agency for Health Care Administration Division
26 of Workers' Compensation of the Department of Labor and
27 Employment Security may investigate health care providers to
28 determine whether providers are complying with this chapter
29 and with rules adopted by the agency division, whether the
30 providers are engaging in overutilization, and whether
31 providers are engaging in improper billing practices. If the
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1 agency division finds that a health care provider has
2 improperly billed, overutilized, or failed to comply with
3 agency division rules or the requirements of this chapter it
4 must notify the provider of its findings and may determine
5 that the health care provider may not receive payment from the
6 carrier or may impose penalties as set forth in subsection (8)
7 or other sections of this chapter. If the health care provider
8 has received payment from a carrier for services that were
9 improperly billed or for overutilization, it must return those
10 payments to the carrier. The agency division may assess a
11 penalty not to exceed $500 for each overpayment that is not
12 refunded within 30 days after notification of overpayment by
13 the agency division or carrier.
14 (b) The agency division shall monitor and audit
15 carriers to determine if medical bills are paid in accordance
16 with this section and agency division rules. Any employer, if
17 self-insured, or carrier found by the agency division not to
18 be within 90 percent compliance as to the payment of medical
19 bills after July 1, 1994, must be assessed a fine not to
20 exceed 1 percent of the prior year's assessment levied against
21 such entity under s. 440.51 for every quarter in which the
22 entity fails to attain 90-percent compliance. The agency
23 division shall fine an employer or carrier, pursuant to rules
24 adopted by the agency division, for each late payment of
25 compensation that is below the minimum 90-percent performance
26 standard. Any carrier that is found to be not in compliance in
27 subsequent consecutive quarters must implement a medical-bill
28 review program approved by the agency division, and the
29 carrier is subject to disciplinary action by the Department of
30 Insurance.
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