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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senators Dawson and Holzendorf moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 24, between lines 8 and 9,

15

16  insert:

17         Section 14.  Subsections (2) and (9) of section

18  14.2015, Florida Statutes, are amended to read:

19         14.2015  Office of Tourism, Trade, and Economic

20  Development; creation; powers and duties.--

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

22  Economic Development is to assist the Governor in working with

23  the Legislature, state agencies, business leaders, and

24  economic development professionals to formulate and implement

25  coherent and consistent policies and strategies designed to

26  provide economic opportunities for all Floridians.  To

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

28  Economic Development shall:

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  industry in the state, to promote the participation of

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

 3  promote Florida as a host for national and international

 4  amateur athletic competitions.

 5         (b)  Monitor the activities of public-private

 6  partnerships and state agencies in order to avoid duplication

 7  and promote coordinated and consistent implementation of

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

 9  international trade and investment; business recruitment,

10  creation, retention, and expansion; minority and small

11  business development; and rural community development.

12         (c)  Facilitate the direct involvement of the Governor

13  and the Lieutenant Governor in economic development projects

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

15  to recruit worldwide business, as well as in other

16  job-creating efforts.

17         (d)  Assist the Governor, in cooperation with

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

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

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

21  of economic development in Florida which will include the

22  identification of problems and the recommendation of

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

24  the Senate, the Speaker of the House of Representatives, the

25  Senate Minority Leader, and the House Minority Leader by

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

27  Governor's message to the Legislature under the State

28  Constitution and any other economic reports required by law.

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

30  year of leaders in business, government, and economic

31  development called by the Governor to address the business

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  future of the state, and identify economic development efforts

 3  to fulfill that vision.

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

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

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

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

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

 9  288.1045, contracts for transportation projects under s.

10  288.063, the sports franchise facility program under s.

11  288.1162, the professional golf hall of fame facility program

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

13  403.973, the Rural Community Development Revolving Loan Fund

14  under s. 288.065, the Regional Rural Development Grants

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

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

17  the Rural Economic Development Initiative, and other programs

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

19  appropriations process, or by the Governor. Notwithstanding

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

21  earned from the investment of program funds deposited in the

22  Economic Development Trust Fund, the Grants and Donations

23  Trust Fund, the Brownfield Property Ownership Clearance

24  Assistance Revolving Loan Trust Fund, and the Economic

25  Development Transportation Trust Fund to contract for the

26  administration of the programs, or portions of the programs,

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

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

29  expenditures shall be subject to review under chapter 216.

30         2.  The office may enter into contracts in connection

31  with the fulfillment of its duties concerning the Florida

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  First Business Bond Pool under chapter 159, tax incentives

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

 3  Capital Company Act in chapter 288, foreign offices under

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

 5  the Seaport Employment Training program under chapter 311, the

 6  Florida Professional Sports Team License Plates under chapter

 7  320, Spaceport Florida under chapter 331, Expedited Permitting

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

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

10  appropriations process, or by the Governor.

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

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

13  Florida Commission on Tourism, and all direct-support

14  organizations under this act, excluding those relating to

15  tourism.  To accomplish the provisions of this act and

16  applicable provisions of chapter 288, and notwithstanding the

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

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

19  Florida Commission on Tourism, and other appropriate

20  direct-support organizations. Such contracts may be multiyear

21  and shall include specific performance measures for each year.

22         (h)  Provide administrative oversight for the

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

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

25  services to the state's entertainment industry and to

26  administratively house the Florida Film and Entertainment

27  Advisory Council created under s. 288.1252.

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

29  unified budget request for tourism, trade, and economic

30  development in accordance with chapter 216 for, and in

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  the Florida Commission on Tourism and its direct-support

 2  organization, the Florida Black Business Investment Board, the

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

 4  and the direct-support organization created to promote the

 5  sports industry.

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

 7  functions in connection with the administration of the

 8  Qualified Target Industry program, the Qualified Defense

 9  Contractor program, the Certified Capital Company Act, the

10  Enterprise Zone program, and the Florida First Business Bond

11  pool.

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

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

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

15  Representatives a complete and detailed report of all

16  applications received and recommendations made or actions

17  taken during the previous fiscal year under all programs

18  funded out of the Economic Development Incentives Account or

19  the Economic Development Transportation Trust Fund. The Office

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

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

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

23  agreements or other contracts executed; and tax refunds paid

24  or other payments made under all programs funded from the

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

26  types of projects supported, and employment and investment

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

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

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

30  state enterprise zones designated pursuant to s. 290.0065.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  The director of the Office of Urban Opportunity shall be

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

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

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

 6  comprehensive, community-based urban core redevelopment

 7  program that will empower urban core residents to craft

 8  solutions to the unique challenges of each designated

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

10  switchboard," connecting each Front Porch Florida community

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

12  implement the program.

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

14  carrying out its duties by the Department of Community

15  Affairs.

16         (d)  The selection criteria for designating Front Porch

17  Communities must give priority consideration to communities

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

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

20  there is:

21         1.  Documented support by the unit of local government

22  to redevelop the neighborhoods surrounding the HOPE VI

23  project.

24         2.  A joint agreement between the local government and

25  the public housing authority receiving the HOPE VI grant

26  regarding the redevelopment of neighborhoods surrounding the

27  HOPE VI project.

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

29  neighborhoods; to disperse the location of publicly assisted

30  housing within the neighborhood and to promote mixed-income

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  residents of the neighborhood in redevelopment.

 2         Section 15.  Section 163.2523, Florida Statutes, is

 3  amended to read:

 4         163.2523  Grant program.--An Urban Infill and

 5  Redevelopment Assistance Grant Program is created for local

 6  governments. A local government may allocate grant money to

 7  special districts, including community redevelopment agencies,

 8  and nonprofit community development organizations to implement

 9  projects consistent with an adopted urban infill and

10  redevelopment plan or plan employed in lieu thereof. Thirty

11  percent of the general revenue appropriated for this program

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

13  governments for the development of an urban infill and

14  redevelopment plan, including community participation

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

16  appropriated for this program shall be available for

17  fifty/fifty matching grants for implementing urban infill and

18  redevelopment projects that further the objectives set forth

19  in the local government's adopted urban infill and

20  redevelopment plan or plan employed in lieu thereof. The

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

22  grants for implementing projects requiring an expenditure of

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

24  to clients of the WAGES program and projects within urban

25  infill and redevelopment areas that include a community

26  redevelopment area, Florida Main Street program, Front Porch

27  Florida Community, sustainable community, enterprise zone,

28  federal enterprise zone, enterprise community, or neighborhood

29  improvement district, and projects that include the recipient

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  scoring of competing grant applications. The Division of

 2  Housing and Community Development of the Department of

 3  Community Affairs shall administer the grant program. The

 4  Department of Community Affairs shall adopt rules establishing

 5  grant review criteria consistent with this section.

 6         Section 16.  Paragraph (c) of subsection (6) of section

 7  420.5087, Florida Statutes, is amended to read:

 8         420.5087  State Apartment Incentive Loan

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

10  Incentive Loan Program for the purpose of providing first,

11  second, or other subordinated mortgage loans or loan

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

13  public entities, to provide housing affordable to

14  very-low-income persons.

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

16  loans made to housing communities for the elderly to provide

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

18  security-related repairs or improvements, the following

19  provisions shall apply:

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

21  establishment of a review committee composed of the department

22  and corporation staff and shall establish by rule a scoring

23  system for evaluation and competitive ranking of applications

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

25  following criteria:

26         1.  Tenant income and demographic targeting objectives

27  of the corporation.

28         2.  Targeting objectives of the corporation which will

29  ensure an equitable distribution of loans between rural and

30  urban areas.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

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

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

 4  provisions of this part.

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

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

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

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

 9  higher; or

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

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

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

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

14  provided in this section.

15         5.  Provision for tenant counseling.

16         6.  Sponsor's agreement to accept rental assistance

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

18  certificates or vouchers are accepted as payment for rent on

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

20  be divided between the corporation and the sponsor, as

21  provided by corporation rule.

22         7.  Projects requiring the least amount of a state

23  apartment incentive loan compared to overall project cost.

24         8.  Local government contributions and local government

25  comprehensive planning and activities that promote affordable

26  housing.

27         9.  Project feasibility.

28         10.  Economic viability of the project.

29         11.  Commitment of first mortgage financing.

30         12.  Sponsor's prior experience.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         14.  Projects that directly implement or assist

 2  welfare-to-work transitioning.

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

 4  Department of Housing and Urban Development.

 5         Section 17.  Subsection (6) of section 420.5089,

 6  Florida Statutes, is amended to read:

 7         420.5089  HOME Investment Partnership Program; HOME

 8  fund.--

 9         (6)  Applications for loans under any competitive

10  scoring process established by program rule must be approved

11  by a review committee established by corporation rule which

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

13  following:

14         (a)  Demographic targeting objectives of the

15  corporation.

16         (b)  Corporation portfolio diversification.

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

18  targeted group available for more than the minimum period

19  required by rule.

20         (d)  Leveraging of HOME funds.

21         (e)  Local matching funds.

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

23  viability.

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

25  development team.

26         (h)  Conformance with the consolidated plan for the

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

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

29  Department of Housing and Urban Development.

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

31  corporation's board of directors.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         Section 18.  Subsection (3) of section 420.5093,

 2  Florida Statutes, is amended to read:

 3         420.5093  State Housing Tax Credit Program.--

 4         (3)  The corporation shall adopt allocation procedures

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

 6  order to encourage development of low-income housing and

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

 8  consideration the timeliness of the application, the location

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

10  revitalization and low-income housing and the availability of

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

12  ability of the applicant to proceed to completion of the

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

14  The allocation procedure must give priority to projects

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

16  and Urban Development.

17         Section 19.  Subsection (2) of section 420.5099,

18  Florida Statutes, is amended to read:

19         420.5099  Allocation of the low-income housing tax

20  credit.--

21         (2)  The corporation shall adopt allocation procedures

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

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

24  state, taking into consideration the timeliness of the

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

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

27  availability of such housing, the economic feasibility of the

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

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

30  credit is sought. The allocation procedure must give priority

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  of Housing and Urban Development.

 2         Section 20.  Subsection (10) of section 159.705,

 3  Florida Statutes, is amended to read:

 4         159.705  Powers of the authority.--The authority is

 5  authorized and empowered:

 6         (10)  Other provisions of law to the contrary

 7  notwithstanding, to acquire by lease, without consideration,

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

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

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

11  the purpose of establishing a research and development park,

12  subject to being first designated a research and development

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

14  authority may cooperate with state and local political

15  subdivisions and with private profit and nonprofit entities to

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

17  cooperation may include agreements for the use of the

18  resources of state and local political subdivisions, agencies,

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

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

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

22  Industrial Development Financing Act may be operated by a

23  research and development authority, a state university, a

24  Florida community college, or a governmental agency, provided

25  that the purpose and operation of such project is consistent

26  with the purposes and policies enumerated in ss.

27  159.701-159.7095.

28         Section 21.  Section 159.8083, Florida Statutes, is

29  amended to read:

30         159.8083  Florida First Business allocation pool.--The

31  Florida First Business allocation pool is hereby established.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  The Florida First Business allocation pool shall be available

 2  solely to provide written confirmation for private activity

 3  bonds to finance Florida First Business projects recommended

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

 5  Tourism, Trade, and Economic Development as eligible to

 6  receive a written confirmation. Allocations from such pool

 7  shall be awarded statewide pursuant to procedures specified in

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

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

10  eligible for a carryforward shall not lose their allocation on

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

12  carryforward.  In issuing written confirmations of allocations

13  for Florida First Business projects, the division shall use

14  the Florida First Business allocation pool. If allocation is

15  not available from the Florida First Business allocation pool,

16  the division shall issue written confirmations of allocations

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

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

19  priority within a regional allocation pool or the state

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

21  First Business projects to be issued from a regional

22  allocation pool or the state allocation pool shall be

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

24  it is determined by the division that the Florida First

25  Business allocation pool is unavailable to issue confirmation

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

27  requested in notices of intent to issue private activity bonds

28  for Florida First Business projects exceeds the total amount

29  of the Florida First Business allocation pool, the director

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

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

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

 4  Economic Development, in consultation with the division and

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

 6  the allocation provided in such pool is available solely to

 7  provide written confirmations for private activity bonds to

 8  finance Florida First Business projects and that such projects

 9  are feasible and financially solvent.

10         Section 22.  Subsection (6) of section 163.3164,

11  Florida Statutes, is amended to read:

12         163.3164  Definitions.--As used in this act:

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

14  380.04 and the exemption given it in s. 380.04(3).

15         Section 23.  Paragraph (j) of subsection (5) and

16  paragraph (eee) of subsection (7) of section 212.08, Florida

17  Statutes, are amended to read:

18         212.08  Sales, rental, use, consumption, distribution,

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

20  the rental, the use, the consumption, the distribution, and

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

22  following are hereby specifically exempt from the tax imposed

23  by this chapter.

24         (5)  EXEMPTIONS; ACCOUNT OF USE.--

25         (j)  Machinery and equipment used in semiconductor

26  silicon technology production and research and development.--

27         1.  Industrial machinery and equipment purchased for

28  use in semiconductor silicon technology facilities certified

29  under subparagraph 6. 5. to manufacture, process, compound, or

30  produce semiconductor silicon technology products for sale or

31  for use by these facilities are exempt from the tax imposed by

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  this chapter.

 2         2.  Machinery and equipment are exempt from the tax

 3  imposed by this chapter if purchased for use predominately in

 4  semiconductor silicon wafer research and development

 5  activities in a semiconductor silicon technology research and

 6  development facility certified under subparagraph 6. 5.

 7         3.  Building materials purchased for use in

 8  manufacturing or expanding clean rooms in

 9  semiconductor-manufacturing facilities are exempt from the tax

10  imposed by this chapter.

11         4.3.  In addition to meeting the criteria mandated by

12  subparagraph 1., or subparagraph 2., or subparagraph 3., a

13  business must be certified by the Office of Tourism, Trade,

14  and Economic Development as authorized in this paragraph in

15  order to qualify for exemption under this paragraph.

16         5.4.  For items purchased tax exempt pursuant to this

17  paragraph, possession of a written certification from the

18  purchaser, certifying the purchaser's entitlement to exemption

19  pursuant to this paragraph, relieves the seller of the

20  responsibility of collecting the tax on the sale of such

21  items, and the department shall look solely to the purchaser

22  for recovery of tax if it determines that the purchaser was

23  not entitled to the exemption.

24         6.5.a.  To be eligible to receive the exemption

25  provided by subparagraph 1., or subparagraph 2., or

26  subparagraph 3., a qualifying business entity shall apply to

27  Enterprise Florida, Inc. The application shall be developed by

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

29  consultation with Enterprise Florida, Inc.

30         b.  Enterprise Florida, Inc., shall review each

31  submitted application and information and determine whether or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  not the application is complete within 5 working days. Once an

 2  application is complete, Enterprise Florida, Inc., shall,

 3  within 10 working days, evaluate the application and recommend

 4  approval or disapproval of the application to the Office of

 5  Tourism, Trade, and Economic Development.

 6         c.  Upon receipt of the application and recommendation

 7  from Enterprise Florida, Inc., the Office of Tourism, Trade,

 8  and Economic Development shall certify within 5 working days

 9  those applicants who are found to meet the requirements of

10  this section and notify the applicant, Enterprise Florida,

11  Inc., and the department of the certification. If the Office

12  of Tourism, Trade, and Economic Development finds that the

13  applicant does not meet the requirements of this section, it

14  shall notify the applicant and Enterprise Florida, Inc.,

15  within 10 working days that the application for certification

16  has been denied and the reasons for denial. The Office of

17  Tourism, Trade, and Economic Development has final approval

18  authority for certification under this section.

19         7.6.a.  A business certified to receive this exemption

20  may apply once each year for the exemption.

21         b.  The first claim submitted by a business may include

22  all eligible expenditures made after the date the business was

23  certified.

24         b.c.  To apply for the annual exemption, the business

25  shall submit a claim to the Office of Tourism, Trade, and

26  Economic Development, which claim indicates and documents the

27  sales and use taxes otherwise payable on eligible machinery

28  and equipment. The application claim must also indicate, for

29  program evaluation purposes only, the average number of

30  full-time equivalent employees at the facility over the

31  preceding calendar year, the average wage and benefits paid to

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  those employees over the preceding calendar year, and the

 2  total investment made in real and tangible personal property

 3  over the preceding calendar year, and the total value of

 4  tax-exempt purchases and taxes exempted during the previous

 5  year or, for the first claim submitted, since the date of

 6  certification. The department shall assist the Office of

 7  Tourism, Trade, and Economic Development in evaluating and

 8  verifying information provided in the application for

 9  exemption.

10         c.d.  The Office of Tourism, Trade, and Economic

11  Development may use the information reported on the

12  application claims for evaluation purposes only and shall

13  prepare an annual report on the exemption program and its cost

14  and impact. The annual report for the preceding fiscal year

15  shall be submitted to the Governor, the President of the

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

17  September 30 of each fiscal year. This report may be submitted

18  in conjunction with the annual report required in s.

19  288.095(3)(c).

20         8.7.  A business certified to receive this exemption

21  may elect to designate one or more state universities or

22  community colleges as recipients of up to 100 percent of the

23  amount of the exemption for which they may qualify. To receive

24  these funds, the institution must agree to match the funds so

25  earned with equivalent cash, programs, services, or other

26  in-kind support on a one-to-one basis in the pursuit of

27  research and development projects as requested by the

28  certified business. The rights to any patents, royalties, or

29  real or intellectual property must be vested in the business

30  unless otherwise agreed to by the business and the university

31  or community college.

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         9.8.  As used in this paragraph, the term:

 2         a.  "Predominately" means at least 50 percent of the

 3  time in qualifying research and development.

 4         b.  "Research and development" means basic and applied

 5  research in the science or engineering, as well as the design,

 6  development, and testing of prototypes or processes of new or

 7  improved products. Research and development does not include

 8  market research, routine consumer product testing, sales

 9  research, research in the social sciences or psychology,

10  nontechnological activities, or technical services.

11         c.  "Semiconductor Silicon technology products" means

12  raw semiconductor silicon wafers or semiconductor thin films

13  that are transformed into semiconductor memory or logic

14  wafers, including wafers containing mixed memory and logic

15  circuits; related assembly and test operations; active-matrix

16  flat panel displays; semiconductor chips; semiconductor

17  lasers; optoelectronic elements; and related semiconductor

18  silicon technology products as determined by the Office of

19  Tourism, Trade, and Economic Development.

20         d.  "Clean rooms" means manufacturing facilities

21  enclosed in a manner that meets the clean manufacturing

22  requirements necessary for high-technology

23  semiconductor-manufacturing environments.

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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  Statutes, is amended to read:

 2         212.097  Urban High-Crime Area Job Tax Credit

 3  Program.--

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

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

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

 7  qualified county and is predominantly engaged in, or is

 8  headquarters for a business predominantly engaged in,

 9  activities usually provided for consideration by firms

10  classified within the following standard industrial

11  classifications:  SIC 01 through SIC 09 (agriculture,

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

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

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

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

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

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

18  similar customer service operation that services a multistate

19  market or international market is also an eligible business.

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

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

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

23  from the list of standard industrial classifications used to

24  determine an eligible business, and the Legislature may

25  implement such recommendations. Excluded from eligible

26  receipts are receipts from retail sales, except such receipts

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

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

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

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

31  50 percent of the business's gross receipts from all sources

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  is generated by those activities usually provided for

 2  consideration by firms in the specified standard industrial

 3  classification. The determination of whether the business is

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

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

 6  credit under this section. Commonly owned and controlled

 7  entities are to be considered a single business entity.

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

 9  eligible business who performs duties in connection with the

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

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

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

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

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

15  an employee leased from an employee leasing company licensed

16  under chapter 468, if such employee has been continuously

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

18  week for more than 6 months.

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

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

21  and clearly separate from any other commercial or business

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

23  area. A business entity that operated an eligible business

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

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

26  considered a new business.

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  to the following prioritized criteria:

 3         1.  Highest arrest rates within the geographic area for

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

 5  possession, prostitution, vandalism, and civil disturbances;

 6         2.  Highest reported crime volume and rate of specific

 7  property crimes such as business and residential burglary,

 8  motor vehicle theft, and vandalism;

 9         3.  Highest percentage of reported index crimes that

10  are violent in nature;

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

12  and

13         5.  Highest overall index crime rate for the geographic

14  area.

15

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

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

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

19  areas are ranked 11 through 15. Notwithstanding this

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

21  that has been designated as a federal Empowerment Zone

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

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

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

25         Section 26.  Subsection (2) of section 212.098, Florida

26  Statutes, is amended to read:

27         212.098  Rural Job Tax Credit Program.--

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

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

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

31  qualified county and is predominantly engaged in, or is

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  headquarters for a business predominantly engaged in,

 2  activities usually provided for consideration by firms

 3  classified within the following standard industrial

 4  classifications:  SIC 01 through SIC 09 (agriculture,

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

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

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

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

 9  7992 (public golf courses); and SIC 7996 (amusement parks). A

10  call center or similar customer service operation that

11  services a multistate market or an international market is

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

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

14  budget request submitted pursuant to s. 216.023, recommend

15  additions to or deletions from the list of standard industrial

16  classifications used to determine an eligible business, and

17  the Legislature may implement such recommendations. Excluded

18  from eligible receipts are receipts from retail sales, except

19  such receipts for hotels and other lodging places classified

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

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

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

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

24  those activities usually provided for consideration by firms

25  in the specified standard industrial classification. The

26  determination of whether the business is located in a

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

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

29  section. Commonly owned and controlled entities are to be

30  considered a single business entity.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  eligible business who performs duties in connection with the

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

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

 4  within the qualified county in which the eligible business is

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

 6  qualified employee.

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

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

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

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

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

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

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

14         1.  Highest unemployment rate for the most recent

15  36-month period.

16         2.  Lowest per capita income for the most recent

17  36-month period.

18         3.  Highest percentage of residents whose incomes are

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

20  available.

21         4.  Average weekly manufacturing wage, based upon the

22  most recent data available.

23

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

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

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

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

28  through 17. Notwithstanding this definition, "qualified

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

30  been designated as a federal Enterprise Community pursuant to

31  the 1999 Agricultural Appropriations Act. Such a designated

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

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

 3  Development.

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

 5  beginning operation on a site in a qualified county and

 6  clearly separate from any other commercial or business

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

 8  business entity that operated an eligible business within a

 9  qualified county within the 48 months before the period

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

11  new business.

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

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

14         Section 27.  Section 218.075, Florida Statutes, is

15  amended to read:

16         218.075  Reduction or waiver of permit processing

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

18  Department of Environmental Protection and the water

19  management districts shall reduce or waive permit processing

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

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

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

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

24  1994, until such counties exceed a population of 75,000 and a

25  municipality municipalities with a population of 25,000 or

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

27  metropolitan statistical area. Fee reductions or waivers shall

28  be approved on the basis of fiscal hardship or environmental

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

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

31  fiscal hardship due to one of the following factors:

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  statewide average for the current fiscal year;

 3         (2)  Percentage of assessed property value that is

 4  exempt from ad valorem taxation is higher than the statewide

 5  average for the current fiscal year;

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

 7  determines a state of financial emergency;

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

 9  fiscal year is greater than 8 mills; or

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

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

12  indicates an inability to pay the permit processing fee during

13  that fiscal year.

14

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

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

17  municipality and the project for which the fee reduction or

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

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

20  $100.

21         Section 28.  Section 288.012, Florida Statutes, is

22  amended to read:

23         288.012  State of Florida foreign offices.--The

24  Legislature finds that the expansion of international trade

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

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

27  of technical and business assistance, financial assistance,

28  and information services for businesses in this state. The

29  Legislature finds that these businesses could be assisted by

30  providing these services at State of Florida foreign offices.

31  The Legislature further finds that the accessibility and

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  provision of services at these offices can be enhanced through

 2  cooperative agreements or strategic alliances between state

 3  entities, local entities, foreign entities, and private

 4  businesses.

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

 6  Development is authorized to:

 7         (a)  approve the establishment and operation by

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

 9  Tourism of Establish and operate offices in foreign countries

10  for the purpose of promoting the trade and economic

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

12  data information and research on trade opportunities in

13  specific countries.

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

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

16  Trade, and Economic Development, may enter into agreements

17  with governmental and private sector entities to establish and

18  operate offices in foreign countries containing provisions

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

20  pertaining to the purchase of office space, employment of

21  personnel, and contracts for services. When agreements

22  pursuant to this section are made which set compensation in

23  foreign currency, such agreements shall be subject to the

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

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

26  Development to meet such obligations shall be subject only to

27  s. 216.311.

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

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

30  disposition of the current foreign offices and the development

31  and location of additional foreign offices.  The plan shall

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  of funding needed to operate the current offices and any

 3  additional offices and whether any of the current offices need

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

 5  Florida Tourism Commission, the Florida Ports Council, the

 6  Department of State, the Department of Citrus, and the

 7  Department of Agriculture shall assist the Office of Tourism,

 8  Trade, and Economic Development in the preparation of the

 9  plan.  All parties shall cooperate on the disposition or

10  establishment of the offices and ensure that needed space,

11  technical assistance, and support services are provided to

12  such entities at such foreign offices.

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

14  in place an operational plan approved by the participating

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

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

17  Development.  These operating plans shall be reviewed and

18  updated each fiscal year and submitted annually thereafter to

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

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

21  minimum, the following:

22         (a)  Specific policies and procedures encompassing the

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

24         (b)  A comprehensive, commercial strategic plan

25  identifying marketing opportunities and industry sector

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

27  office is located.

28         (c)  Provisions for access to information for Florida

29  businesses through the Florida Trade Data Center.  Each

30  foreign office shall obtain and forward trade leads and

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2         (d)  Identification of new and emerging market

 3  opportunities for Florida businesses.  Each foreign office

 4  shall provide the Florida Trade Data Center with a compilation

 5  of foreign buyers and importers in industry sector priority

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

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

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

 9  industry, commodity, and opportunity information as specified

10  in the plan required in that paragraph.  This information

11  shall be provided to the offices and the entities identified

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

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

14  information.

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

16  services of the Florida Trade Data Center, international trade

17  assistance services provided by state and local entities,

18  seaport and airport information, and other services identified

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

20         (f)  Qualitative and quantitative performance measures

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

22  businesses assisted, the number of trade leads and inquiries

23  generated, the number of foreign buyers and importers

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

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

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

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

28  Economic Development a complete and detailed report on its

29  activities and accomplishments during the preceding fiscal

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

31  report must set forth information on:

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         (a)  The number of Florida companies assisted.

 2         (b)  The number of inquiries received about investment

 3  opportunities in this state.

 4         (c)  The number of trade leads generated.

 5         (d)  The number of investment projects announced.

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

 7  confirmations.

 8         (f)  The number of representation agreements.

 9         (g)  The number of company consultations.

10         (h)  Barriers or other issues affecting the effective

11  operation of the office.

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

13  the current fiscal year.

14         (j)  Marketing activities conducted.

15         (k)  Strategic alliances formed with organizations in

16  the country in which the office is located.

17         (l)  Activities conducted with other Florida foreign

18  offices.

19         (m)  Any other information that the office believes

20  would contribute to an understanding of its activities.

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

22  Development, in connection with the establishment, operation,

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

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

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

26  283.35 relating to bids for printing; ss. 287.001-287.20

27  relating to purchasing and motor vehicles; and ss.

28  282.003-282.111 relating to communications, and from all

29  statutory provisions relating to state employment.

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

31  Economic Development may be exercised exercise such exemptions

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  only upon prior approval of the Governor.

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

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

 4  specified foreign office, such action shall constitute

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

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

 7  the context and upon the terms originally granted. Any

 8  modification of the approved plan of operation with respect to

 9  an exemption contained therein must be resubmitted to the

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

11  exercise an exemption in any other context shall be restricted

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

13  exercised.

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

15  operation" means the plan developed pursuant to subsection

16  (2).

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

18  a request to exercise the exemption authorized in this

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

20  Development shall report such action, along with the original

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

22  Senate and the Speaker of the House of Representatives within

23  30 days.

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

25  288.1224(10), foreign offices established and operated under

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

27  development, trade, and tourism information, services, and

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

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

30  collocated with other foreign offices of the state.

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

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  Development is authorized to make and to enter into contracts

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

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

 4  authority, duties, and exemptions provided in this section

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

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

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

 8  Economic Development. To the greatest extent possible, such

 9  contracts shall include provisions for cooperative agreements

10  or strategic alliances between state entities, foreign

11  entities, local entities, and private businesses to operate

12  foreign offices.

13         Section 29.  Section 288.018, Florida Statutes, is

14  amended to read:

15         288.018  Regional Rural Development Grants Program.--

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

17  Office of Tourism, Trade, and Economic Development shall

18  establish a matching grant program to provide funding to

19  regionally based economic development organizations

20  representing rural counties and communities for the purpose of

21  building the professional capacity of their organizations.

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

23  Tourism, Trade, and Economic Development is authorized to

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

25  economic development organizations. The maximum amount an

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

27  $100,000 in a rural area of critical economic concern

28  recommended by the Rural Economic Development Initiative and

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

30  an equivalent amount of nonstate resources.

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

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  Tourism, Trade, and Economic Development shall consider the

 3  demonstrated need of the applicant for assistance and require

 4  the following:

 5         (a)  Documentation of official commitments of support

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

 7  regional organization.

 8         (b)  Demonstration that each unit of local government

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

10  organization.

11         (c)  Demonstration that the private sector has made

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

13         (d)  Demonstration that the organization is in

14  existence and actively involved in economic development

15  activities serving the region.

16         (e)  Demonstration of the manner in which the

17  organization is or will coordinate its efforts with those of

18  other local and state organizations.

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

20  Development may approve awards expend up to a total of

21  $600,000 each fiscal year from funds appropriated to the Rural

22  Community Development Revolving Loan Fund for the purposes

23  outlined in this section.

24         Section 30.  Section 288.064, Florida Statutes, is

25  created to read:

26         288.064  Legislative intent on rural economic

27  development.--

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

29  of climate, tourism, industrialization, technological

30  advances, federal and state government policies,

31  transportation, and migration, Florida's urban communities

                                  33
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

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

 3  communities, although these communities are the stewards of

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

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

 6  prosperity cannot continue. In short, successful rural

 7  communities are essential to the overall success of the

 8  state's economy.

 9         (2)  The Legislature further finds and declares that

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

11  of growth but severe and sustained economic distress. Median

12  household incomes are significantly less than the state's

13  median household income level. Job creation rates trail those

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

15  lost jobs, which handicaps local economies and drains wealth

16  from these communities. These and other factors, including

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

18  community problems, making job creation and economic

19  development even more difficult. Moreover, the Legislature

20  finds that traditional program and service delivery is often

21  hampered by the necessarily rigid structure of the programs

22  themselves and the lack of local resources.

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

24  the most efficient and effective delivery of programs of

25  assistance and support to rural communities, including the

26  use, where appropriate, of regulatory flexibility through

27  multiagency coordination and adequate funding. The Legislature

28  determines and declares that the provision of such assistance

29  and support in this manner fulfills an important state

30  interest.

31         Section 31.  Paragraph (d) of subsection (2) and

                                  34
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  subsection (4) of section 288.0655, Florida Statutes, are

 2  amended to read:

 3         288.0655  Rural Infrastructure Fund.--

 4         (2)

 5         (d)  By September 1, 2000 1999, the office shall pursue

 6  execution of a memorandum of agreement with the United States

 7  Department of Agriculture under which state funds available

 8  through the Rural Infrastructure Fund may be advanced, in

 9  excess of the prescribed state share, for a project that has

10  received from the department a preliminary determination of

11  eligibility for federal financial support. State funds in

12  excess of the prescribed state share which are advanced

13  pursuant to this paragraph and the memorandum of agreement

14  shall be reimbursed when funds are awarded under an

15  application for federal funding.

16         (4)  By September 1, 2000 1999, the office shall, in

17  consultation with the organizations listed in subsection (3),

18  and other organizations, develop guidelines and criteria

19  governing submission of applications for funding, review and

20  evaluation of such applications, and approval of funding under

21  this section. The office shall consider factors including, but

22  not limited to, the project's potential for enhanced job

23  creation or increased capital investment, the demonstration of

24  local public and private commitment, the location of the

25  project in an enterprise zone, the location of the project in

26  a community development corporation service area as defined in

27  s. 290.035(2), the location of the project in a county

28  designated under s. 212.097, the unemployment rate of the

29  surrounding area, and the poverty rate of the community.

30         Section 32.  Subsection (2) of section 288.0656,

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

                                  35
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  that section to read:

 2         288.0656  Rural Economic Development Initiative.--

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

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

 5  fiscal and economic viability of a rural community, including

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

 7  values, high unemployment, high underemployment, low weekly

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

 9  compared to the state average, high percentages of the

10  population receiving public assistance, high poverty levels

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

12  employment opportunities.

13         (b)  "Rural community" means:

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

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

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

17         3.  A municipality within a county described in

18  subparagraph 1. or subparagraph 2.

19         4.  An unincorporated federal enterprise community or

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

21  and an employment base focused on traditional agricultural or

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

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

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

25  least three or more of the economic distress factors

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

27  Tourism, Trade, and Economic Development.

28

29  For purposes of this paragraph, population shall be determined

30  in accordance with the most recent official estimate pursuant

31  to s. 186.901.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  or an incorporated rural city as described in subparagraph

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

 4  resolution of the municipal governing body and demonstrate

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

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

 7  shall verify such factors prior to approving the designation.

 8         (b)  Upon receiving such designation, an unincorporated

 9  federal enterprise community or an incorporated rural city in

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

11  specifically identified in statute as a rural program,

12  provided that it demonstrates that the county of jurisdiction

13  for such unincorporated federal enterprise community or rural

14  city is also providing support for each program application.

15  REDI may recommend criteria for the evaluation of such county

16  support to the administrative agency of each program.  Such

17  communities shall also be eligible for any preferential

18  criteria or waivers of any program requirements specifically

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

20  or communities when necessary to encourage and facilitate

21  long-term private capital investment and job creation.

22         Section 33.  Section 288.1088, Florida Statutes, is

23  amended to read:

24         288.1088  Quick Action Closing Fund.--

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

26  retaining, and providing favorable conditions for the growth

27  of certain target industries provides high-quality employment

28  opportunities for residents of this state and enhances the

29  economic foundations of the state high-impact business

30  facilities provides widespread economic benefits to the public

31  through high-quality employment opportunities in such

                                  37
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  facilities and in related facilities attracted to the state,

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

 3  facility and businesses in related sectors, through an

 4  enhanced entrepreneurial climate in the state and the

 5  resulting business and employment opportunities, and through

 6  the stimulation and enhancement of the state's universities

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

 8  serious and fierce international competition for these

 9  facilities, and in most instances, when all available

10  resources for economic development have been used, the state

11  continues to encounter severe competitive disadvantages in

12  vying for these high-impact business facilities.

13         (b)  The Legislature therefore declares that sufficient

14  resources shall be available to respond to extraordinary

15  economic opportunities, and to compete effectively for these

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

17  state's economic base by providing incentives to qualifying

18  businesses that require inducement beyond that available

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

20  high-wage employment opportunities in this state and its

21  communities high-impact business facilities.

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

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

24  also known as the 21st Century Fund.

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

26  individual proposals for target-industry businesses

27  high-impact business facilities and forward recommendations

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

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

30  and Economic Development. Such evaluation and recommendation

31  must include, but need not be limited to:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  operation, and the product or service associated with the

 3  project facility.

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

 5  be created by the project facility and the total estimated

 6  average annual wages of those jobs.

 7         3.  The cumulative amount of investment to be dedicated

 8  to the project facility within a specified period.

 9         4.  A statement of any special impacts the project

10  facility is expected to stimulate in a particular business

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

12  universities and community colleges, or in a distressed

13  Florida community.

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

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

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

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

18  analysis of the conditions and incentives offered by other

19  states and their communities.

20         (b)  Upon receipt of the evaluation and recommendation

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

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

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

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

25  business facility, the director shall include proposed

26  performance conditions that the business facility must meet to

27  obtain incentive funds. The Governor shall consult with the

28  President of the Senate and the Speaker of the House of

29  Representatives before giving final approval for a project.

30  The Executive Office of the Governor shall recommend approval

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

                                  39
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  The recommendation must include proposed performance

 3  conditions the project must meet to obtain funds.

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

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

 6  of Tourism, Trade, and Economic Development and the

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

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

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

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

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

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

13  methodology for validating performance; the schedule of

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

15  performance conditions.

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

17  contractor performance. Such validation shall be reported

18  within 6 months after completion of the contract to the

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

20  House of Representatives.

21         Section 34.  Subsections (1), (2), (4), (6), (8), and

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

23  read:

24         288.1162  Professional sports franchises; spring

25  training franchises; duties.--

26         (1)  The direct-support organization authorized under

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

28  shall serve as the state agency for screening applicants and

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

30  and Economic Development for state funding pursuant to s.

31  212.20 and for certifying an applicant as a "facility for a

                                  40
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

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

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

 4  Economic Development shall have the final approval for any

 5  decision under this section.

 6         (2)  The direct-support organization authorized under

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

 8  shall develop guidelines rules for the receipt and processing

 9  of applications for funding pursuant to s. 212.20.

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

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

12  retained professional sports franchise," the direct-support

13  organization authorized under s. 288.1229 Office of Tourism,

14  Trade, and Economic Development must determine that:

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

16  218.369 is responsible for the construction, management, or

17  operation of the professional sports franchise facility or

18  holds title to the property on which the professional sports

19  franchise facility is located.

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

21  agreement with a new professional sports franchise for the use

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

23  case of a retained professional sports franchise, an agreement

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

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

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

27  professional sports franchise exists authorizing the location

28  of the professional sports franchise in this state after April

29  1, 1987, or in the case of a retained professional sports

30  franchise, verified evidence that it has had a

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

                                  41
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  31, 1976. The term "league" means the National League or the

 2  American League of Major League Baseball, the National

 3  Basketball Association, the National Football League, or the

 4  National Hockey League.

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

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

 7  Economic Development, which demonstrate that the new or

 8  retained professional sports franchise will attract a paid

 9  attendance of more than 300,000 annually.

10         (e)  The applicant has an independent analysis or

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

12  Tourism, Trade, and Economic Development, which demonstrates

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

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

15  professional sports franchise facility will equal or exceed $2

16  million annually.

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

18  or retained professional sports franchise is located, or the

19  county if the facility for a new or retained professional

20  sports franchise is located in an unincorporated area, has

21  certified by resolution after a public hearing that the

22  application serves a public purpose.

23         (g)  The applicant has demonstrated that it has

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

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

26  incurred or related to the improvement and development of the

27  facility.

28         (h)  No applicant previously certified under any

29  provision of this section who has received funding under such

30  certification shall be eligible for an additional

31  certification.

                                  42
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  training franchise facility," the direct-support organization

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

 4  Economic Development must determine that:

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

 6  218.369 is responsible for the construction, management, or

 7  operation of the new spring training franchise facility or

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

 9  franchise facility is located.

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

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

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

13         (c)  The applicant has a financial commitment to

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

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

16  training franchise.

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

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

19  limited-access highway system.

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

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

22  Economic Development, which demonstrate that the new spring

23  training franchise facility will attract a paid attendance of

24  at least 50,000 annually.

25         (f)  The new spring training franchise facility is

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

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

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

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

30  spring training complex.

31         (8)  The direct-support organization authorized under

                                  43
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  shall notify the Department of Revenue of any facility

 3  certified as a facility for a new professional sports

 4  franchise or a facility for a retained professional sports

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

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

 7  Economic Development may certify no more than eight facilities

 8  as facilities for a new professional sports franchise, as

 9  facilities for a retained professional sports franchise, or as

10  new spring training franchise facilities, including in such

11  total any facilities certified by the Department of Commerce

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

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

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

15         (10)  An applicant shall not be qualified for

16  certification under this section if the franchise formed the

17  basis for a previous certification, unless the previous

18  certification was withdrawn by the facility or invalidated by

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

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

21  Department of Commerce before any funds were distributed

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

23  applicant if the previous certification occurred between May

24  23, 1993, and May 25, 1993; however, any funds to be

25  distributed pursuant to s. 212.20 for the second certification

26  shall be offset by the amount distributed to the previous

27  certified facility. Distribution of funds for the second

28  certification shall not be made until all amounts payable for

29  the first certification have been distributed.

30         Section 35.  Section 288.1168, Florida Statutes, is

31  amended to read:

                                  44
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         288.1168  Professional golf hall of fame facility;

 2  duties.--

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

 4  state agency for screening applicants for state funding

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

 6  professional golf hall of fame facility in the state.

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

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

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

10  only professional golf hall of fame in the United States

11  recognized by the PGA Tour, Inc.

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

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

14  contracted to construct or operate the professional golf hall

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

16         (c)  The municipality in which the professional golf

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

18  facility is located in an unincorporated area, has certified

19  by resolution after a public hearing that the application

20  serves a public purpose.

21         (d)  There are existing projections that the

22  professional golf hall of fame facility will attract a paid

23  attendance of more than 300,000 annually.

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

25  methodology approved by the department, which demonstrates

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

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

28  professional golf hall of fame facility will equal or exceed

29  $2 million annually.

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

31  certified professional golf hall of fame facility must submit

                                  45
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  annually in national and international media promotion of the

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

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

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

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

 7  direct-support organization authorized under s. 288.1229

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

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

10  reasonable percentage of advertising specifically allocated

11  for generic Florida advertising. The direct-support

12  organization authorized under s. 288.1229 Office of Tourism,

13  Trade, and Economic Development shall have final approval of

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

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

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

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

18  212.20.

19         (g)  Documentation exists that demonstrates that the

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

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

22  of the costs incurred or related to the improvement and

23  development of the facility.

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

25  executive of the applicant and is notarized according to

26  Florida law providing for penalties for falsification.

27         (2)(3)  The certified professional golf hall of fame

28  facility applicant may use funds provided pursuant to s.

29  212.20 for the public purpose of paying for the construction,

30  reconstruction, renovation, or operation of the professional

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

                                  46
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  arbitrage rebate obligations, or other amounts payable with

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

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

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

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

 7  certifiable, the Secretary of Commerce shall notify the

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

 9  If certifiable, the secretary shall notify the executive

10  director of the Department of Revenue and the applicant of

11  such certification by means of an official letter granting

12  certification.  From the date of such certification, the

13  applicant shall have 5 years to open the professional golf

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

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

16  Department of Revenue shall not begin distributing funds until

17  30 days following notice by the Office of Tourism, Trade, and

18  Economic Development that the professional golf hall of fame

19  facility is open to the public.

20         (3)(5)  The Department of Revenue may audit as provided

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

22  section have been expended as required by this section.

23         (4)(6)  The direct-support organization authorized

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

25  Development must recertify every 10 years that the facility is

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

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

28  meeting the minimum projections for attendance or sales tax

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

30  the facility is not certified as meeting the minimum

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

                                  47
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  advertising contribution of $2 million annually to $2.5

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

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

 4  entirety for the use and promotion of generic Florida

 5  advertising as determined by the direct-support organization

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

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

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

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

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

11  generic Florida advertising as determined by the

12  direct-support organization authorized under s. 288.1229

13  Office of Tourism, Trade, and Economic Development.

14         Section 36.  Section 288.1169, Florida Statutes, is

15  amended to read:

16         288.1169  International Game Fish Association World

17  Center facility; department duties.--

18         (1)  The direct-support organization authorized under

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

20  agency approving applicants for funding pursuant to s. 212.20

21  and for certifying the applicant as the International Game

22  Fish Association World Center facility. For purposes of this

23  section, "facility" means the International Game Fish

24  Association World Center, and "project" means the

25  International Game Fish Association World Center and new

26  colocated improvements by private sector concerns who have

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

28  million or more.

29         (2)  Prior to certifying this facility, the

30  direct-support organization authorized under s. 288.1229

31  department must determine that:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         (a)  The International Game Fish Association World

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

 3  international administrative headquarters in the United States

 4  recognized by the International Game Fish Association, and

 5  that one or more private sector concerns have committed to

 6  donate to the International Game Fish Association land upon

 7  which the International Game Fish Association World Center

 8  will operate.

 9         (b)  International Game Fish Association is a

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

11  construct and operate the facility.

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

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

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

15  the facility serves a public purpose.

16         (d)  There are existing projections that the

17  International Game Fish Association World Center facility and

18  the colocated facilities of private sector concerns will

19  attract an attendance of more than 1.8 million annually.

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

21  methodology approved by the direct-support organization

22  department, which demonstrates that the amount of the revenues

23  generated by the taxes imposed under chapter 212 with respect

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

25  annually.

26         (f)  There are existing projections that the project

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

28  residents of the state.

29         (g)  The applicant has submitted an agreement to

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

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

 3  applicant to annually provide the advertising as provided in

 4  this paragraph shall result in the termination of the funding

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

 6  obligation under this paragraph by contracting with other

 7  persons, including private sector concerns who participate in

 8  the project.

 9         (h)  Documentation exists that demonstrates that the

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

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

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

13  development of the facility.

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

15  the International Game Fish Association and is notarized

16  according to Florida law providing for penalties for

17  falsification.

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

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

20  reconstruction, renovation, promotion, or operation of the

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

22  or to fund debt service reserve funds, arbitrage rebate

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

24  issued for the construction, reconstruction, or renovation of

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

26  refinancing of bonds issued for such purposes.

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

28  certifiable, the direct-support organization authorized under

29  s. 288.1229 Department of Commerce shall notify the applicant

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

31  the direct-support organization Department of Commerce shall

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  notify the executive director of the Department of Revenue and

 2  the applicant of such certification by means of an official

 3  letter granting certification.  From the date of such

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

 5  facility to the public and notify the direct-support

 6  organization Department of Commerce of such opening. The

 7  Department of Revenue shall not begin distributing funds until

 8  30 days following notice by the direct-support organization

 9  Department of Commerce that the facility is open to the

10  public.

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

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

13  section have been expended as required by this section.

14         (6)  The direct-support organization authorized under

15  s. 288.1229 Department of Commerce must recertify every 10

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

17  Fish Association World Center continues to be the only

18  international administrative headquarters, fishing museum, and

19  Hall of Fame in the United States recognized by the

20  International Game Fish Association, and must verify annually

21  that the project is meeting the minimum projections for

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

23  original certification.  If the facility is not recertified

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

25  then funding will be abated until certification criteria are

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

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

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

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

30  numerator of which is the actual revenues generated and the

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  12-month period equal or exceed $1 million.

 3         Section 37.  Section 288.1185, Florida Statutes, is

 4  transferred, renumbered as section 403.7155, Florida Statutes,

 5  and amended to read:

 6         403.7155 288.1185  Recycling Markets Advisory

 7  Committee.--

 8         (1)  There is created the Recycling Markets Advisory

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

10  administratively housed in the Department of Environmental

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

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

13  mechanism for coordination among state agencies and the

14  private sector to coordinate policy and overall strategic

15  planning for developing new markets and expanding and

16  enhancing existing markets for recovered materials. The

17  committee may not duplicate or replace agency programs, but

18  shall enhance, coordinate, and recommend priorities for those

19  programs.

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

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

22  has been actively engaged in the recycling industry or a

23  related business area, including the use of product packaging

24  materials, or is a local government official with a

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

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

27  Representatives, who shall serve without voting rights as an

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

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

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

31  committee.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  60 days after this section takes effect.

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

 4  from among the members of the committee.

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

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

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

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

 9  a quorum is necessary to take official action.

10         (e)  Members of the committee shall serve without

11  compensation but are entitled to receive reimbursement for per

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

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

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

15  study recycled materials market development problems and

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

17  committee members may be reimbursed for per diem and travel

18  expenses as provided in s. 112.061.

19         (g)  The Department of Environmental Protection Office

20  of Tourism, Trade, and Economic Development shall coordinate

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

22  necessary to enable the committee to adequately carry out its

23  functions.

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

25  the Department of Environmental Protection, the Department of

26  Management Services, the Department of Agriculture and

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

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

29  serve as the recycling market development liaison for the

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

31  issues and problems related to recycling and recycled

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  materials market development. This person shall be the primary

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

 3  materials market development. These liaisons shall be

 4  available for committee meetings and shall work closely with

 5  the committee and other recycling market development liaisons

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

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

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

 9  of the person designated as the recycling market development

10  liaison for such agency.

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

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

13  markets and expanding and enhancing existing markets for

14  recovered materials.

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

16  the committee shall consider:

17         1.  Developing new markets and expanding and enhancing

18  existing markets for recovered materials.

19         2.  Pursuing expanded end uses for recycled materials.

20         3.  Targeting materials for concentrated market

21  development efforts.

22         4.  Developing proposals for new incentives for market

23  development, particularly focusing on targeted materials.

24         5.  Providing guidance on issues such as permitting,

25  finance options for recycling market development, site

26  location, research and development, grant program criteria for

27  recycled materials markets, recycling markets education and

28  information, and minimum content.

29         6.  Coordinating the efforts of various government

30  entities with market development responsibilities.

31         7.  Evaluating the need for competitively solicited,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  cooperative ventures in rural areas for collecting,

 2  processing, marketing, and procuring collected materials.

 3         8.  Evaluating source-reduced products as they relate

 4  to state procurement policy.  The evaluation shall include,

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

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

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

 8  process, product, or technology which significantly or

 9  substantially reduces the volume or weight of a product while

10  providing, at a minimum, equivalent or generally similar

11  performance and service to and for the users of such

12  materials.

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

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

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

16  complete and detailed report setting forth in appropriate

17  detail the operations and accomplishments of the committee and

18  the activities of existing agencies and programs in support of

19  the goals established by the committee, including any

20  recommendations for statutory changes.

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

22  committee, the Department of Environmental Protection Office

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

24  contract with other agencies for staff support and enter into

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

26  communication and promotion services.

27         Section 38.  Paragraphs (a) and (g) of subsection (2)

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

29         288.1223  Florida Commission on Tourism; creation;

30  purpose; membership.--

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

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

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

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

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

 6  representatives from the statewide rental car industry, 3

 7  representatives from tourist-related statewide associations,

 8  including those that represent hotels, campgrounds, and

 9  attractions, 3 representatives from county destination

10  marketing organizations, 1 representative from the cruise

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

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

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

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

15  member of the Senate appointed by the President of the Senate

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

17  Speaker of the House of Representatives.

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

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

20  commission. The commission shall annually elect one of its

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

22  preside in the absence of the chair.

23         Section 39.  Paragraph (f) of subsection (5) of section

24  288.1226, Florida Statutes, is amended to read:

25         288.1226  Florida Tourism Industry Marketing

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

27  audit.--

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

29  performance of its duties:

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

31  Industry Marketing Corporation, who shall serve at the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2  officer of the board of directors and of the corporation and

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

 4  corporation shall elect or appoint such other officers and

 5  agents as its affairs shall require and allow them reasonable

 6  compensation. No employee of the Florida Tourism Industry

 7  Marketing Corporation may receive compensation for employment

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

 9  board of directors and the employee have executed a contract

10  that prescribes specific, measurable performance outcomes for

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

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

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

14  Governor.

15         Section 40.  Subsection (10) is added to section

16  288.1229, Florida Statutes, to read:

17         288.1229  Promotion and development of sports-related

18  industries and amateur athletics; direct-support organization;

19  powers and duties.--

20         (10)  The direct-support organization authorized under

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

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

23  professional golf hall of fame facility certified under s.

24  288.1168 and the level of attendance and sales tax revenue

25  associated with the facility as compared to the minimum

26  projections established at the time the facility was

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

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

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

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

31  Development on the status of the International Game Fish

                                  57
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  Association World Center facility certified under s. 288.1169.

 2         Section 41.  Section 288.1251, Florida Statutes, is

 3  amended to read:

 4         288.1251  Promotion and development of entertainment

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

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

 7         (1)  CREATION.--

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

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

10  of the Film and Entertainment Commissioner for the purpose of

11  developing, marketing, promoting, and providing services to

12  the state's entertainment industry.

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

14  Development shall conduct a national search for a qualified

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

16  Entertainment, and the Executive Director of the Office of

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

18  commissioner. Guidelines for selection of the Film

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

20  commissioner having the following:

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

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

23  industries to be served by the office;

24         2.  Marketing and promotion experience related to the

25  industries to be served by the office;

26         3.  Experience working with a variety of individuals

27  representing large and small entertainment-related businesses,

28  industry associations, local community entertainment industry

29  liaisons, and labor organizations; and

30         4.  Experience working with a variety of state and

31  local governmental agencies.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         (2)  POWERS AND DUTIES.--

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

 3  Entertainment Commissioner, in performance of its duties,

 4  shall:

 5         1.  In consultation with the Florida Film and

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

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

 8  Office of the Film and Entertainment Commissioner in the areas

 9  of entertainment industry development, marketing, promotion,

10  liaison services, field office administration, and

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

12  30, 2000, shall:

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

14         b.  Include recommendations relating to the

15  organizational structure of the office.

16         c.  Include an annual budget projection for the office

17  for each year of the plan.

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

19  in implementing programs for rural and urban areas designed

20  to:

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

22  industry.

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

24  entertainment industry and other state and local governmental

25  agencies, local film commissions, and labor organizations.

26         (III)  Gather statistical information related to the

27  state's entertainment industry.

28         (IV)  Provide information and service to businesses,

29  communities, organizations, and individuals engaged in

30  entertainment industry activities.

31         (V)  Administer field offices outside the state and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  coordinate with regional offices maintained by counties and

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

 3  (II), as necessary.

 4         e.  Include performance standards and measurable

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

 6         f.  Include an assessment of, and make recommendations

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

 8  partnership for the purpose of contracting with such a

 9  partnership for the administration of the state's

10  entertainment industry promotion, development, marketing, and

11  service programs.

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

13  relationship between state agencies and local governments in

14  cooperation with local film commission offices for

15  out-of-state and indigenous entertainment industry production

16  entities.

17         3.  Implement a structured methodology prescribed for

18  coordinating activities of local offices with each other and

19  the commissioner's office.

20         4.  Represent the state's indigenous entertainment

21  industry to key decisionmakers within the national and

22  international entertainment industry, and to state and local

23  officials.

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

25  entertainment industry, including, but not limited to,

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

27  creation, talent, and economic impact and coordinate with

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

29         6.  Represent key decisionmakers within the national

30  and international entertainment industry to the indigenous

31  entertainment industry and to state and local officials.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         7.  Serve as liaison between entertainment industry

 2  producers and labor organizations.

 3         8.  Identify, solicit, and recruit entertainment

 4  production opportunities for the state.

 5         9.  Assist rural communities and other small

 6  communities in the state in developing the expertise and

 7  capacity necessary for such communities to develop, market,

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

 9  industry.

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

11  Entertainment Commissioner, in the performance of its duties,

12  may:

13         1.  Conduct or contract for specific promotion and

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

15  of a statewide directory, production and maintenance of an

16  Internet web site, establishment and maintenance of a

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

18  and appropriate cooperative marketing opportunities.

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

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

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

22  States.

23         3.  Carry out any program of information, special

24  events, or publicity designed to attract entertainment

25  industry to Florida.

26         4.  Develop relationships and leverage resources with

27  other public and private organizations or groups in their

28  efforts to publicize to the entertainment industry in this

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

30  Florida's entertainment industry talent, crew, production

31  companies, production equipment resources, related businesses,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  and support services, including the establishment of and

 2  expenditure for a program of cooperative advertising with

 3  these public and private organizations and groups in

 4  accordance with the provisions of chapter 120.

 5         5.  Provide and arrange for reasonable and necessary

 6  promotional items and services for such persons as the office

 7  deems proper in connection with the performance of the

 8  promotional and other duties of the office.

 9         6.  Prepare an annual economic impact analysis on

10  entertainment industry-related activities in the state.

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

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

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

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

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

16  Entertainment which are consistent with this or any other

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

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

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

20  the programs it administers.

21         Section 42.  Section 288.1252, Florida Statutes, is

22  amended to read:

23         288.1252  Florida Film and Entertainment Advisory

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

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

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

27  Executive Office of the Governor, for administrative purposes

28  only, the Florida Film and Entertainment Advisory Council.

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  and Entertainment Commissioner to provide these offices with

 2  industry insight and expertise related to developing,

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

 4  entertainment industry.

 5         (3)  MEMBERSHIP.--

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

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

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

 9  Speaker of the House of Representatives, with the initial

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

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

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

13  House of Representatives shall appoint persons who are

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

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

16  television, video, sound recording, or other entertainment

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

18  to, representatives of local film commissions, representatives

19  of entertainment associations, a representative of the

20  broadcast industry, representatives of labor organizations in

21  the entertainment industry, and board chairs, presidents,

22  chief executive officers, chief operating officers, or persons

23  of comparable executive position or stature of leading or

24  otherwise important entertainment industry businesses and

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

26  as to equitably represent the broadest spectrum of the

27  entertainment industry and geographic areas of the state.

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

29  except that the initial terms shall be staggered:

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

 2         2.  The President of the Senate shall appoint one

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

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

 5         3.  The Speaker of the House of Representatives shall

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

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

 8  4-year term.

 9         (d)  Subsequent appointments shall be made by the

10  official who appointed the council member whose expired term

11  is to be filled.

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

13  representative of Enterprise Florida, Inc., and a

14  representative of the Florida Tourism Industry Marketing

15  Corporation shall serve as ex officio, nonvoting members of

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

17  members of the council.

18         (f)  Absence from three consecutive meetings shall

19  result in automatic removal from the council.

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

21  remainder of the unexpired term by the official who appointed

22  the vacating member.

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

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

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

26  may not serve more than two consecutive terms.

27         (4)  MEETINGS; ORGANIZATION.--

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

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

30  often as set by the council.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

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

 3  Commissioner shall provide staff assistance to the council,

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

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

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

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

 8  constitute a quorum.

 9         (d)  Members of the council shall serve without

10  compensation, but shall be entitled to reimbursement for per

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

12  in performance of their duties.

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

14  Entertainment Advisory Council shall have all the powers

15  necessary or convenient to carry out and effectuate the

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

17  limited to, the power to:

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

19  the conduct of its business.

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

21  the Film and Entertainment Commissioner on the content,

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

23  to guide the activities of the office.

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

25  the Commissioner of Film and Entertainment of the programs

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

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

28  the strategic plan.

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

30  industry for the purpose of advising the commissioner and the

31  Office of Tourism, Trade, and Economic Development.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         (e)  Identify and make recommendations on state agency

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

 3  entertainment industry or that may appear to industry

 4  representatives as an official state or local action affecting

 5  production in the state.

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

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

 8  Development.

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

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

11  request or upon its own initiative, regarding the

12  promulgation, administration, and enforcement of all laws and

13  rules relating to the entertainment industry.

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

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

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

17  and Economic Development that will improve internal operations

18  affecting the entertainment industry and will enhance the

19  economic development initiatives of the state for the

20  industry.

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

22  commissions, departments, or other agencies of municipal,

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

24         Section 43.  Section 288.1253, Florida Statutes, is

25  amended to read:

26         288.1253  Travel and entertainment expenses.--

27         (1)  As used in this section:

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

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

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

31  Entertainment Commissioner in connection with the performance

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  of its statutory duties, including persons or representatives

 2  of entertainment industry companies considering location,

 3  relocation, or expansion of an entertainment industry business

 4  within the state.

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

 6  necessary, and reasonable costs of providing hospitality for

 7  business clients or guests, which costs are defined and

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

 9  and Economic Development, subject to approval by the

10  Comptroller.

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

12  official or state employee, authorized by the Office of

13  Tourism, Trade, and Economic Development to receive the

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

15  Entertainment Commissioner in connection with the performance

16  of its statutory duties.

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

18  reasonable costs of transportation, meals, lodging, and

19  incidental expenses normally incurred by a traveler, which

20  costs are defined and prescribed by rules adopted by the

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

22  approval by the Comptroller.

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

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

25  rules by which it may make expenditures by advancement or

26  reimbursement, or a combination thereof, to:

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

28  staff of the Governor or Lieutenant Governor, the Film

29  Commissioner of Film and Entertainment, or staff of the

30  Governor's Office of the Film and Entertainment Commissioner

31  for travel expenses or entertainment expenses incurred by such

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  individuals solely and exclusively in connection with the

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

 3  of the Film and Entertainment Commissioner.

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

 5  staff of the Governor or Lieutenant Governor, the Film

 6  Commissioner of Film and Entertainment, or staff of the

 7  Governor's Office of the Film and Entertainment Commissioner

 8  for travel expenses or entertainment expenses incurred by such

 9  individuals on behalf of guests, business clients, or

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

11  exclusively in connection with the performance of the

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

13  Entertainment Commissioner.

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

15  entertainment expenses of guests, business clients, or

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

17  solely and exclusively while such persons are participating in

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

19  the Film and Entertainment Commissioner in connection with

20  that office's statutory duties.

21

22  The rules shall be subject to approval by the Comptroller

23  prior to promulgation.  The rules shall require the submission

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

25  the Comptroller, with any claim for reimbursement and shall

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

27  agreement to submit paid receipts or other proof of

28  expenditure and to refund any unused portion of the

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

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

31  10 working days after the traveler's return to headquarters.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





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

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

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

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

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

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

 7  obtained pursuant to this section shall not be commingled with

 8  any other state funds.

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

10  Development shall prepare an annual report of the expenditures

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

12  Commissioner and provide such report to the Legislature no

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

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

15  summary of all travel, entertainment, and incidental expenses

16  incurred within the United States and all travel,

17  entertainment, and incidental expenses incurred outside the

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

19  that developed from such travel.

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

21  Entertainment Commissioner and its employees and

22  representatives, when authorized, may accept and use

23  complimentary travel, accommodations, meeting space, meals,

24  equipment, transportation, and any other goods or services

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

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

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

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

29  develop internal controls to ensure that such goods or

30  services accepted or used pursuant to this subsection are

31  limited to those that will assist solely and exclusively in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 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 44.  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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 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 45.  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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 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 46.  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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 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 47.  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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 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         (4)(a)  The Defense-Related Business Adjustment Program

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  is hereby created.  Enterprise Florida, Inc., The Director of

 2  the Office of Tourism, Trade, and Economic Development shall

 3  coordinate the development of the Defense-Related Business

 4  Adjustment Program.  Funds shall be available to assist

 5  defense-related companies in the creation of increased

 6  commercial technology development through investments in

 7  technology.  Such technology must have a direct impact on

 8  critical state needs for the purpose of generating

 9  investment-grade technologies and encouraging the partnership

10  of the private sector and government defense-related business

11  adjustment.  The following areas shall receive precedence in

12  consideration for funding commercial technology development:

13  law enforcement or corrections, environmental protection,

14  transportation, education, and health care.  Travel and costs

15  incidental thereto, and staff salaries, are not considered an

16  "activity" for which grant funds may be awarded.

17         (b)  In making recommendations to the Office of

18  Tourism, Trade, and Economic Development for grant awards,

19  Enterprise Florida, Inc., The office shall require that an

20  applicant:

21         1.  Be a defense-related business that could be

22  adversely affected by federal base realignment or closure or

23  reduced defense expenditures.

24         2.  Agree to match at least 50 percent of any funds

25  awarded by the department in cash or in-kind services.  Such

26  match shall be directly related to activities for which the

27  funds are being sought.

28         3.  Prepare a coordinated program or plan delineating

29  how the funds will be administered.

30         4.  Provide documentation describing how

31  defense-related realignment or closure will adversely impact

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  defense-related companies.

 2         (5)  The Retention of Military Installations Program is

 3  created. The Director of the Office of Tourism, Trade, and

 4  Economic Development shall coordinate and implement this

 5  program. The sum of $1.2 million is appropriated from the

 6  General Revenue Fund for fiscal year 1999-2000 to the Office

 7  of Tourism, Trade, and Economic Development to implement this

 8  program for military installations located in counties with a

 9  population greater than 824,000. The funds shall be used to

10  assist military installations potentially affected by federal

11  base closure or realignment in covering current operating

12  costs in an effort to retain the installation in this state.

13  An eligible military installation for this program shall

14  include a provider of simulation solutions for war-fighting

15  experimentation, testing, and training which employs at least

16  500 civilian and military employees and has been operating in

17  the state for a period of more than 10 years.

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

19  Economic Development may award nonfederal matching funds

20  specifically appropriated for construction, maintenance, and

21  analysis of a Florida defense workforce database. Such funds

22  will be used to create a registry of worker skills that can be

23  used to match the worker needs of companies that are

24  relocating to this state or to assist workers in relocating to

25  other areas within this state where similar or related

26  employment is available.

27         (7)  Payment of administrative expenses shall be

28  limited to no more than 10 percent of any grants issued

29  pursuant to this section.

30         (8)  Enterprise Florida, Inc., The Office of Tourism,

31  Trade, and Economic Development shall develop establish

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  guidelines to implement and carry out the purpose and intent

 2  of this section. The Office of Tourism, Trade, and Economic

 3  Development must approve the guidelines before their

 4  implementation.

 5         Section 48.  Subsections (8) and (12), paragraph (h) of

 6  subsection (10), and paragraph (b) of subsection (14) of

 7  section 288.99, Florida Statutes, are amended, and subsection

 8  (15) is added to that section, to read:

 9         288.99  Certified Capital Company Act.--

10         (8)  ANNUAL TAX CREDIT; CLAIM PROCESS.--

11         (a)  On an annual basis, on or before December 31, each

12  certified capital company shall file with the department and

13  the office, in consultation with the office department, on a

14  form prescribed by the office, for each calendar year:

15         1.  The total dollar amount the certified capital

16  company received from certified investors, the identity of the

17  certified investors, and the amount received from each

18  certified investor during the calendar year.

19         2.  The total dollar amount the certified capital

20  company invested and the amount invested in qualified

21  businesses, together with the identity and location of those

22  businesses and the amount invested in each qualified business.

23         3.  For informational purposes only, the total number

24  of permanent, full-time jobs either created or retained by the

25  qualified business during the calendar year, the average wage

26  of the jobs created or retained, the industry sectors in which

27  the qualified businesses operate, and any additional capital

28  invested in qualified businesses from sources other than

29  certified capital companies.

30         (b)  The form shall be verified by one or more

31  principals of the certified capital company submitting the

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 1  form.  Verification shall be accomplished as provided in s.

 2  92.525(1)(b) and subject to the provisions of s. 92.525(3).

 3         (c)  The department office shall review the form, and

 4  any supplemental documentation, submitted by each certified

 5  capital company for the purpose of verifying:

 6         1.  That the businesses in which certified capital has

 7  been invested by the certified capital company are in fact

 8  qualified businesses, and that the amount of certified capital

 9  invested by the certified capital company is as represented in

10  the form.

11         2.  The amount of certified capital invested in the

12  certified capital company by the certified investors.

13         3.  The amount of premium tax credit available to

14  certified investors.

15         (d)  The Department of Revenue is authorized to audit

16  and examine the accounts, books, or records of certified

17  capital companies and certified investors for the purpose of

18  ascertaining the correctness of any report and financial

19  return which has been filed, and to ascertain a certified

20  capital company's compliance with the tax-related provisions

21  of this act.

22         (e)  This subsection shall take effect January 1, 1999.

23         (10)  DECERTIFICATION.--

24         (h)  The department office shall send written notice to

25  the address of each certified investor whose premium tax

26  credit has been subject to recapture or forfeiture, using the

27  address last shown on the last premium tax filing.

28         (12)  REPORTING REQUIREMENTS.--The office shall report

29  annually on an annual basis to the Governor, the President of

30  the Senate, and the Speaker of the House of Representatives on

31  or before April 1:

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 1         (a)  The total dollar amount each certified capital

 2  company received from all certified investors and any other

 3  investor, the identity of the certified investors, and the

 4  total amount of premium tax credit used by each certified

 5  investor for the previous calendar year.

 6         (b)  The total dollar amount invested by each certified

 7  capital company and that portion invested in qualified

 8  businesses, the identity and location of those businesses, the

 9  amount invested in each qualified business, and the total

10  number of permanent, full-time jobs created or retained by

11  each qualified business.

12         (c)  The return for the state as a result of the

13  certified capital company investments, including the extent to

14  which:

15         1.  Certified capital company investments have

16  contributed to employment growth.

17         2.  The wage level of businesses in which certified

18  capital companies have invested exceed the average wage for

19  the county in which the jobs are located.

20         3.  The investments of the certified capital companies

21  in qualified businesses have contributed to expanding or

22  diversifying the economic base of the state.

23         (14)  RULEMAKING AUTHORITY.--

24         (b)  The department and the office may adopt any rules

25  necessary to carry out its duties, obligations, and powers

26  related to the administration, review, and reporting

27  provisions of this section and may perform any other acts

28  necessary for the proper administration and enforcement of

29  such duties, obligations, and powers.

30         (15)  ADDITIONAL CERTIFICATIONS.--Notwithstanding the

31  dates established in paragraphs (4)(b), (c), and (e), an

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 1  applicant for certification as a certified capital company may

 2  file an application of the type specified in paragraph (4)(b)

 3  to become a "certified capital company" under this section

 4  between July 1, 2000, and September 1, 2000, in the manner

 5  prescribed in subsection (4).

 6         Section 49.  Section 290.004, Florida Statutes, is

 7  amended to read:

 8         290.004  Definitions.--As used in ss. 290.001-290.016:

 9         (1)  "Community investment corporation" means a black

10  business investment corporation, a certified development

11  corporation, a small business investment corporation, or other

12  similar entity incorporated under Florida law that has limited

13  its investment policy to making investments solely in minority

14  business enterprises.

15         (2)  "Department" means the Department of Commerce.

16         (2)(3)  "Director" means the director of the Office of

17  Tourism, Trade, and Economic Development.

18         (3)(4)  "Governing body" means the council or other

19  legislative body charged with governing the county or

20  municipality.

21         (4)(5)  "Interagency coordinating council" means the

22  Enterprise Zone Interagency Coordinating Council created

23  pursuant to s. 290.009.

24         (5)(6)  "Minority business enterprise" has the same

25  meaning as in s. 288.703.

26         (6)(7)  "Office" means the Office of Tourism, Trade,

27  and Economic Development.

28         (7)  "Rural enterprise zone" means an enterprise zone

29  that is nominated by a county having a population of 75,000 or

30  fewer, or a county having a population of 100,000 or fewer

31  which is contiguous to a county having a population of 75,000

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 1  or fewer, or by a municipality in such a county, or by such a

 2  county and one or more municipalities. An enterprise zone

 3  designated in accordance with s. 370.28 shall be considered a

 4  rural enterprise zone.

 5         (8)  "Secretary" means the Secretary of Commerce.

 6         (8)(9)  "Small business" has the same meaning as in s.

 7  288.703.

 8         Section 50.  Subsections (11) and (12) of section

 9  290.0056, Florida Statutes, are amended to read:

10         290.0056  Enterprise zone development agency.--

11         (11)  Prior to December 1 of each year, the agency

12  shall submit to Enterprise Florida, Inc., the Office of

13  Tourism, Trade, and Economic Development a complete and

14  detailed written report setting forth:

15         (a)  Its operations and accomplishments during the

16  fiscal year.

17         (b)  The accomplishments and progress concerning the

18  implementation of the strategic plan.

19         (c)  The number and type of businesses assisted by the

20  agency during the fiscal year.

21         (d)  The number of jobs created within the enterprise

22  zone during the fiscal year.

23         (e)  The usage and revenue impact of state and local

24  incentives granted during the calendar year.

25         (f)  Any other information required by Enterprise

26  Florida, Inc. the office.

27         (12)  In the event that the nominated area selected by

28  the governing body is not designated a state enterprise zone,

29  the governing body may dissolve the agency after receiving

30  notification from the department or the office that the area

31  was not designated as an enterprise zone.

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 1         Section 51.  Subsection (5) of section 290.0058,

 2  Florida Statutes, is amended to read:

 3         290.0058  Tests of pervasive poverty, unemployment, and

 4  general distress.--

 5         (5)  In making the calculations required by this

 6  section, the local government and Enterprise Florida, Inc.,

 7  the department shall round all fractional percentages of

 8  one-half percent or more up to the next highest whole

 9  percentage figure.

10         Section 52.  Subsections (1), (4), (5), (6), (7), and

11  (9) of section 290.0065, Florida Statutes, are amended to

12  read:

13         290.0065  State designation of enterprise zones.--

14         (1)  Upon application to Enterprise Florida, Inc., of

15  the governing body of a county or municipality or of a county

16  and one or more municipalities jointly pursuant to s.

17  290.0055, Enterprise Florida, Inc. the department, in

18  consultation with the interagency coordinating council, shall

19  determine which areas nominated by such governing bodies meet

20  the criteria outlined in s. 290.0055 and are the most

21  appropriate for recommendation to the director of the Office

22  of Tourism, Trade, and Economic Development for designation as

23  state enterprise zones. The office department is authorized to

24  designate up to 5 areas within each of the categories

25  established in subparagraphs (3)(a)1., 2., 3., 4., and 5.,

26  except that the office department may only designate a total

27  of 20 areas as enterprise zones. The office department shall

28  not designate more than three enterprise zones in any one

29  county. All designations, including any provision for

30  redesignations, of state enterprise zones pursuant to this

31  section shall be effective July 1, 1995.

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 1         (4)(a)  Notwithstanding s. 290.0055, any area existing

 2  as a state enterprise zone as of the effective date of this

 3  section and originally approved through a joint application

 4  from a county and municipality, or through an application from

 5  a county as defined in s. 125.011(1), shall be redesignated as

 6  a state enterprise zone upon the creation of an enterprise

 7  zone development agency pursuant to s. 290.0056 and the

 8  completion of a strategic plan pursuant to s. 290.0057.  Any

 9  area redesignated pursuant to this subsection, other than an

10  area located in a county defined in s. 125.011(1), may be

11  relocated or modified by the appropriate governmental bodies.

12  Such relocation or modification shall be identified in the

13  strategic plan and shall meet the requirements for designation

14  as established by s. 290.005. Any relocation or modification

15  shall be submitted on or before June 1, 1996.

16         (b)  The office department shall place any area

17  designated as a state enterprise zone pursuant to this

18  subsection in the appropriate category established in

19  subsection (3), and include such designations within the

20  limitations on state enterprise zone designations set out in

21  subsection (1).

22         (c)  Any county or municipality having jurisdiction

23  over an area designated as a state enterprise zone pursuant to

24  this subsection, other than a county defined by s. 125.011(1),

25  may not apply for designation of another area.

26         (5)  Notwithstanding s. 290.0055, an area designated as

27  a federal empowerment zone or enterprise community pursuant to

28  Title XIII of the Omnibus Budget Reconciliation Act of 1993,

29  the Taxpayer Relief Act of 1997, or the 1999 Agricultural

30  Appropriations Act shall be designated a state enterprise zone

31  as follows:

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 1         (a)  An area designated as an urban empowerment zone or

 2  urban enterprise community pursuant to Title XIII of the

 3  Omnibus Budget Reconciliation Act of 1993 or the Taxpayer

 4  Relief Act of 1997 shall be designated a state enterprise zone

 5  by the office department upon completion of the requirements

 6  set out in paragraph (d), except in the case of a county as

 7  defined in s. 125.011(1) which, notwithstanding s. 290.0055,

 8  may incorporate and include such designated urban empowerment

 9  zone or urban enterprise community areas within the boundaries

10  of its state enterprise zones without any limitation as to

11  size.

12         (b)  An area designated as a rural empowerment zone or

13  rural enterprise community pursuant to Title XIII of the

14  Omnibus Budget Reconciliation Act of 1993 or the 1999

15  Agricultural Appropriations Act shall be designated a state

16  enterprise zone by the office department upon completion of

17  the requirements set out in paragraph (d).

18         (c)  Any county or municipality having jurisdiction

19  over an area designated as a state enterprise zone pursuant to

20  this subsection, other than a county defined in s. 125.011(1),

21  may not apply for designation of another area.

22         (d)  Prior to recommending that the office designate

23  designating such areas as state enterprise zones, Enterprise

24  Florida, Inc., the department shall ensure that the governing

25  body having jurisdiction over the zone submits the strategic

26  plan required pursuant to 7 C.F.R. part 25 or 24 C.F.R. part

27  597 to Enterprise Florida, Inc. the department, and creates an

28  enterprise zone development agency pursuant to s. 290.0056.

29         (e)  The office department shall place any area

30  designated as a state enterprise zone pursuant to this

31  subsection in the appropriate category established in

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 1  subsection (3), and include such designations within the

 2  limitations on state enterprise zone designations set out in

 3  subsection (1).

 4         (6)(a)  The office department, in consultation with

 5  Enterprise Florida, Inc., and the interagency coordinating

 6  council, may develop guidelines shall promulgate any rules

 7  necessary for the approval of areas under this section by the

 8  director secretary.

 9         (b)  Such guidelines may rules shall provide for the

10  measurement of pervasive poverty, unemployment, and general

11  distress using the criteria outlined by s. 290.0058.

12         (c)  Such guidelines may rules shall provide for the

13  evaluation of the strategic plan and local fiscal and

14  regulatory incentives for effectiveness, including how the

15  following key principles will be implemented by the governing

16  body or bodies:

17         1.  Economic opportunity, including job creation within

18  the community and throughout the region, as well as

19  entrepreneurial initiatives, small business expansion, and

20  training for jobs that offer upward mobility.

21         2.  Sustainable community development that advances the

22  creation of livable and vibrant communities through

23  comprehensive approaches that coordinate economic, physical,

24  community, and human development.

25         3.  Community-based partnerships involving the

26  participation of all segments of the community.

27         4.  Strategic vision for change that identifies how the

28  community will be revitalized. This vision should include

29  methods for building on community assets and coordinate a

30  response to community needs in a comprehensive fashion. This

31  vision should provide goals and performance benchmarks for

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 1  measuring progress and establish a framework for evaluating

 2  and adjusting the strategic plan.

 3         5.  Local fiscal and regulatory incentives enacted

 4  pursuant to s. 290.0057(1)(e). These incentives should induce

 5  economic revitalization, including job creation and small

 6  business expansion.

 7         (d)  Such guidelines may rules shall provide methods

 8  for evaluating the prospects for new investment and economic

 9  development in the area, including a review and evaluation of

10  any previous state enterprise zones located in the area.

11         (7)  Upon approval by the director secretary of a

12  resolution authorizing an area to be an enterprise zone

13  pursuant to this section, the office department shall assign a

14  unique identifying number to that resolution. The office

15  department shall provide the Department of Revenue and

16  Enterprise Florida, Inc., with a copy of each resolution

17  approved, together with its identifying number.

18         (9)  Upon recommendation by Enterprise Florida, Inc.,

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

20  amend the boundaries of any enterprise zone designated by the

21  state pursuant to this section, consistent with the

22  categories, criteria, and limitations imposed in this section

23  upon the establishment of such enterprise zone and only if

24  consistent with the determinations made in s. 290.0058(2).

25         Section 53.  Subsection (1) of section 290.0066,

26  Florida Statutes, is amended to read:

27         290.0066  Revocation of enterprise zone designation.--

28         (1)  Upon recommendation by Enterprise Florida, Inc.,

29  the director may revoke the designation of an enterprise zone

30  if Enterprise Florida, Inc., the director determines that the

31  governing body or bodies:

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 1         (a)  Have failed to make progress in achieving the

 2  benchmarks set forth in the strategic plan; or

 3         (b)  Have not complied substantially with the strategic

 4  plan.

 5         Section 54.  Section 290.00675, Florida Statutes, is

 6  amended to read:

 7         290.00675  Amendment of certain enterprise zone

 8  boundaries.--Notwithstanding any other provisions of law, upon

 9  recommendation by Enterprise Florida, Inc., the Office of

10  Tourism, Trade, and Economic Development may amend the

11  boundaries of an area designated as an enterprise zone in a

12  community having a population of 235,000 persons but less than

13  245,000, so long as the area does not increase the overall

14  size of the zone by greater than 25 acres and the increased

15  area is contiguous to the existing enterprise zone. The

16  amendment must also be consistent with the limitations imposed

17  by s. 290.0055 upon establishment of the enterprise zone.

18         Section 55.  Section 290.00676, Florida Statutes, is

19  created to read:

20         290.00676  Amendment of rural enterprise zone

21  boundaries.--Notwithstanding any other provision of law, upon

22  recommendation by Enterprise Florida, Inc., the Office of

23  Tourism, Trade, and Economic Development may amend the

24  boundaries of a rural enterprise zone. For purposes of

25  boundary amendments, an enterprise zone designated under s.

26  370.28 shall be considered a rural enterprise zone and is

27  eligible for amendment of its boundaries. Boundary amendments

28  authorized by this section are subject to the following

29  requirements:

30         (1)  The amendment may increase the size of the rural

31  enterprise zone to 15 square miles.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

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 1         (2)  The amendment may increase the number of

 2  noncontiguous areas by one, if that noncontiguous area has

 3  zero population. For purposes of this subsection, the

 4  pervasive poverty criteria may be set aside for the addition

 5  of a noncontiguous parcel.

 6         (3)  The local enterprise zone development agency must

 7  request the amendment from Enterprise Florida, Inc., prior to

 8  December 30, 2000. The request must contain maps and

 9  sufficient information to allow the office to determine the

10  number of noncontiguous areas and the total size of the rural

11  enterprise zone.

12         Section 56.  Section 290.00677, Florida Statutes, is

13  created to read:

14         290.00677  Rural enterprise zones; special

15  qualifications.--

16         (1)  Notwithstanding the enterprise zone residency

17  requirements set out in ss. 212.096(1)(c) and 220.03(1)(q),

18  businesses located in rural enterprise zones may receive the

19  credit provided under s. 212.096 or s. 220.181 for hiring any

20  person within the jurisdiction of a rural county, as defined

21  by s. 288.106(2)(r). All other provisions of ss. 212.096,

22  220.03(1)(q), and 220.181 apply to such businesses.

23         (2)  Notwithstanding the requirement specified in ss.

24  212.08(5)(g)5., (5)(h)5., and (15)(a), 212.096(2)(b)1.,

25  220.181(1)(a)1., and 220.182(1)(b) that no less than 20

26  percent of a business's employees, excluding temporary and

27  part-time employees, must be residents of an enterprise zone

28  for the business to qualify for the maximum exemption or

29  credit provided in ss. 212.08(5)(g) and (h) and (15),

30  212.096(2)(b)1., 220.181(1)(a)1., and 220.182, a business that

31  is located in a rural enterprise zone shall be qualified for

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    Bill No. CS for CS for CS for SB 406, 1st Eng.

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 1  those maximum exemptions or credits if no less than 20 percent

 2  of such employees of the business are residents of a rural

 3  county, as defined by s. 288.106(2)(r). All other provisions

 4  of ss. 212.08(5)(g) and (h) and (15), 212.096, 220.181, and

 5  220.182 apply to such business.

 6         (3)  Notwithstanding the time limitations contained in

 7  chapters 212 and 220, a business eligible to receive tax

 8  credits under this section from January 1, 2000, to June 1,

 9  2000, must submit an application for the tax credits by

10  December 1, 2000. All other requirements of the enterprise

11  zone program apply to such a business.

12         Section 57.  Section 290.00689, Florida Statutes, is

13  amended to read:

14         290.00689  Designation of enterprise zone pilot project

15  area.--

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

17  Development shall designate one pilot project area within one

18  state enterprise zone. The Office of Tourism, Trade, and

19  Economic Development shall select a pilot project area by July

20  1, 1999, which meets the following qualifications:

21         (a)  The area is contained within an enterprise zone

22  that is composed of one contiguous area and is placed in the

23  category delineated in s. 290.0065(3)(a)1.

24         (b)  The local government having jurisdiction over the

25  enterprise zone grants economic development ad valorem tax

26  exemptions in the enterprise zone pursuant to s. 196.1995, and

27  electrical energy public service tax exemptions pursuant to s.

28  166.231(8).

29         (c)  The local government having jurisdiction over the

30  enterprise zone has developed a plan for revitalizing the

31  pilot project area or for revitalizing an area within the

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 1  enterprise zone that contains the pilot project area, and has

 2  committed at least $5 million to redevelop an area including

 3  the pilot project area.

 4         (d)  The pilot project area is contiguous and is

 5  limited to no more than 70 acres, or equivalent square miles,

 6  to avoid a dilution of additional state assistance and

 7  effectively concentrate these additional resources on

 8  revitalizing the acute area of economic distress.

 9         (e)  The pilot project area contains a diverse cluster

10  or grouping of facilities or space for a mix of retail,

11  restaurant, or service related businesses necessary to an

12  overall revitalization of surrounding neighborhoods through

13  community involvement, investment, and enhancement of

14  employment markets.

15         (2)(a)  Beginning December 1, 1999, no more than four

16  businesses located within the pilot project area are eligible

17  for a credit against any tax due for a taxable year under

18  chapters 212 and 220.

19         (b)  The credit shall be computed as $5,000 times the

20  number of full-time employees of the business and $2,500 times

21  the number of part-time employees of the business. For

22  purposes of this section, a person shall be deemed to be

23  employed by such a business on a full-time basis if the person

24  performs duties in connection with the operations of the

25  business for an average of at least 36 hours per week each

26  month, or on a part-time basis if the person is performing

27  such duties for an average of at least 20 hours per week each

28  month throughout the year. The person must be performing such

29  duties at a business site located in the pilot project area.

30         (c)  The total amount of tax credits that may be

31  granted under this section is $1 million annually. In the

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 1  event Enterprise Florida, Inc., the Office of Tourism, Trade,

 2  and Economic Development receives applications that total more

 3  than $1 million in any year, the director shall prorate the

 4  amount of tax credit each applicant is eligible to receive to

 5  ensure that all eligible applicants receive a tax credit.

 6         (d)  In order to be eligible to apply to Enterprise

 7  Florida, Inc., the Office of Tourism, Trade, and Economic

 8  Development for tax credits under this section a business

 9  must:

10         1.  Have entered into a contract with the developer of

11  the diverse cluster or grouping of facilities or space located

12  in the pilot project area, governing lease of commercial space

13  in a facility.

14         2.  Have commenced operations in the facility after

15  July 1, 1999, and before July 1, 2000.

16         3.  Be a business predominantly engaged in activities

17  usually provided for consideration by firms classified under

18  the Standard Industrial Classification Manual Industry Number

19  5311, Industry Number 5399, or Industry Number 7832.

20         (e)  All applications for the granting of the tax

21  credits allowed under this section shall require the prior

22  review and recommendation of Enterprise Florida, Inc., and

23  approval of the director of the Office of Tourism, Trade, and

24  Economic Development. At the recommendation of Enterprise

25  Florida, Inc., the director shall establish one submittal date

26  each year for the receipt of applications for such tax

27  credits.

28         (f)  Any business wishing to receive tax credits

29  pursuant to this section must submit an application to

30  Enterprise Florida, Inc., the Office of Tourism, Trade, and

31  Economic Development which sets forth the business name and

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 1  address and the number of employees of the business.

 2         (g)  Upon the recommendation of Enterprise Florida,

 3  Inc., the decision of the director shall be in writing, and,

 4  if approved, the application shall state the maximum credits

 5  allowable to the business. A copy of the decision shall be

 6  transmitted to Enterprise Florida, Inc., and to the executive

 7  director of the Department of Revenue, who shall apply such

 8  credits to the tax liabilities of the business firm.

 9         (h)  If any credit granted pursuant to this section is

10  not fully used in any one year because of insufficient tax

11  liability on the part of the business, the unused amount may

12  be carried forward for a period not to exceed 5 years.

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

14  Development is authorized to adopt all rules necessary to

15  administer this section, including rules for the approval or

16  disapproval of applications for tax incentives by businesses.

17         (3)(4)  The Department of Revenue shall adopt any rules

18  necessary to ensure the orderly implementation and

19  administration of this section.

20         (4)(5)  For purposes of this section, "business" and

21  "taxable year" shall have the same meaning as in s. 220.03.

22         (5)(6)  Prior to the 2004 Regular Session of the

23  Legislature, the Office of Program Policy Analysis and

24  Government Accountability shall review and evaluate the

25  effectiveness and viability of the pilot project area created

26  under this section, using the research design prescribed

27  pursuant to s. 290.015. The office shall specifically evaluate

28  whether relief from certain taxes induced new investment and

29  development in the area; increased the number of jobs created

30  or retained in the area; induced the renovation,

31  rehabilitation, restoration, improvement, or new construction

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 1  of businesses or housing within the area; and contributed to

 2  the economic viability and profitability of business and

 3  commerce located within the area. The office shall submit a

 4  report of its findings and recommendations to the Speaker of

 5  the House of Representatives and the President of the Senate

 6  no later than January 15, 2004.

 7         (6)(7)  This section shall stand repealed on June 30,

 8  2010, and any designation made pursuant to this section shall

 9  be revoked on that date.

10         Section 58.  Section 290.00694, Florida Statutes, is

11  created to read:

12         290.00694  Enterprise zone designation for rural

13  champion communities.--An area designated as a rural champion

14  community pursuant to the Taxpayer Relief Act of 1997 may

15  apply to Enterprise Florida, Inc., for designation as an

16  enterprise zone. The application must be submitted by December

17  31, 2000, and must comply with the requirements of s.

18  290.0055. Notwithstanding the provisions of s. 290.0065

19  limiting the total number of enterprise zones designated and

20  the number of enterprise zones within a population category,

21  the Office of Tourism, Trade, and Economic Development upon

22  recommendation of Enterprise  Florida, Inc., may designate

23  enterprise zones under this section. The Office of Tourism,

24  Trade, and Economic Development shall establish the initial

25  effective date of the enterprise zones designated pursuant to

26  this section.

27         Section 59.  Section 290.009, Florida Statutes, is

28  amended to read:

29         290.009  Enterprise Zone Interagency Coordinating

30  Council.--

31         (1)  There is created within the Office of Tourism,

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    Amendment No.    





 1  Trade, and Economic Development the Enterprise Zone

 2  Interagency Coordinating Council. The council shall be

 3  composed of the secretaries or executive directors, or their

 4  designees, of the Department of Community Affairs, the Office

 5  of Tourism, Trade, and Economic Development, the Department of

 6  Children and Family Services, the Department of Health, the

 7  Department of Juvenile Justice, the Department of Labor and

 8  Employment Security, the Department of State, the Department

 9  of Transportation, the Department of Environmental Protection,

10  the Department of Law Enforcement, and the Department of

11  Revenue; the Attorney General or his or her designee; and the

12  executive directors or their designees of the Florida

13  Community College System, the Florida Black Business

14  Investment Board, and the Florida State Rural Development

15  Council. Enterprise Florida, Inc., shall serve as staff to the

16  council.

17         (2)  The purpose of the council is to:

18         (a)  Advise Enterprise Florida, Inc., and the office in

19  planning, developing, implementing, and performing evaluation

20  and reporting activities related to the Florida Enterprise

21  Zone Act of 1994.

22         (b)  Assist in the evaluation and review of enterprise

23  zone designation applications pursuant to s. 290.0065.

24         (c)  Assist in the selection of designated enterprise

25  zones for participation in the enterprise zone linked deposit

26  program pursuant to s. 290.0075.

27         (d)  Encourage state agencies to administer programs in

28  a manner that supports the purposes of this act and the goals

29  and objectives of strategic enterprise zone development plans

30  prepared by local governments.

31         (3)  The director of the office or his or her designee

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 1  shall serve as the chair of the council.

 2         Section 60.  Section 290.014, Florida Statutes, is

 3  amended to read:

 4         290.014  Annual reports on enterprise zones.--

 5         (1)  By February 1 of each year, the Department of

 6  Revenue shall submit an annual report to Enterprise Florida,

 7  Inc., the Office of Tourism, Trade, and Economic Development

 8  detailing the usage and revenue impact by county of the state

 9  incentives listed in s. 290.007.

10         (2)  By March 1 of each year, Enterprise Florida, Inc.,

11  the office shall submit an annual report to the Governor, the

12  Speaker of the House of Representatives, and the President of

13  the Senate, and the director of the Office of Tourism, Trade,

14  and Economic Development. The report shall include the

15  information provided by the Department of Revenue pursuant to

16  subsection (1) and the information provided by enterprise zone

17  development agencies pursuant to s. 290.0056. In addition, the

18  report shall include an analysis of the activities and

19  accomplishments of each enterprise zone, and any additional

20  information prescribed pursuant to s. 290.015.

21         Section 61.  Subsection (2) of section 290.046, Florida

22  Statutes, is amended to read:

23         290.046  Applications for grants; procedures;

24  requirements.--

25         (2)(a)  Except as provided in paragraph (c), each

26  eligible local government may submit an application for a

27  grant under either the housing program category or the

28  neighborhood revitalization program category during each

29  annual funding cycle.  An applicant may not receive more than

30  one grant in any state fiscal year from any of the following

31  categories:  housing, neighborhood revitalization, or

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                                                  SENATE AMENDMENT

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 1  commercial revitalization.

 2         (b)  Except as provided in paragraph (c), each eligible

 3  local government may apply during each up to three times in

 4  any one annual funding cycle for grants a grant under the

 5  economic development program category but shall receive

 6  cumulative awards no more than the applicable grant ceiling

 7  established by the department one such grant per annual

 8  funding cycle under s. 290.047(2).  Applications for grants

 9  under the economic development program category may be

10  submitted at any time during the annual funding cycle, and

11  such grants shall be awarded no less frequently than three

12  times per funding cycle. The department shall establish

13  minimum criteria pertaining to the number of jobs created for

14  persons of low or moderate income, the degree of private

15  sector financial commitment, and the economic feasibility of

16  the proposed project and shall establish any other criteria

17  the department deems appropriate.  Assistance to a private,

18  for-profit business may not be provided from a grant award

19  unless sufficient evidence exists to demonstrate that without

20  such public assistance the creation or retention of such jobs

21  would not occur.

22         (c)1.  Local governments with an open housing,

23  neighborhood revitalization, or commercial revitalization

24  contract shall not be eligible to apply for another housing,

25  neighborhood revitalization, or commercial revitalization

26  grant until administrative closeout of their existing

27  contract. The department shall notify a local government of

28  administrative closeout or of any outstanding closeout issues

29  within 45 days of receipt of a closeout package from the local

30  government.  Local governments with an open housing,

31  neighborhood revitalization, or commercial revitalization

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  community development block grant contract whose activities

 2  are on schedule in accordance with the expenditure rates and

 3  accomplishments described in the contract may apply for an

 4  economic development grant.

 5         2.  Local governments with an open economic development

 6  community development block grant contract or contracts whose

 7  activities are on schedule in accordance with the expenditure

 8  rates and accomplishments described in the contract or

 9  contracts may apply for a housing or neighborhood

10  revitalization and a commercial revitalization community

11  development block grant.  Local governments with an open

12  economic development contract or contracts whose activities

13  are on schedule in accordance with the expenditure rates and

14  accomplishments described in the contract or contracts may

15  receive no more than one additional economic development

16  grants grant in each fiscal year subject to the grant ceilings

17  established by the department under s. 290.047.

18         (d)  Beginning October 1, 1988, the department shall

19  award no grant until the department has determined, based upon

20  a site visit, that the proposed area matches and adheres to

21  the written description contained within the applicant's

22  request.  If, based upon review of the application or a site

23  visit, the department determines that any information provided

24  in the application which affects eligibility or scoring has

25  been misrepresented, the applicant's request shall be rejected

26  by the department pursuant to s. 290.0475(7).  Mathematical

27  errors in applications which may be discovered and corrected

28  by readily computing available numbers or formulas provided in

29  the application shall not be a basis for such rejection.

30         Section 62.  Subsection (7) is added to section

31  290.048, Florida Statutes, to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         290.048  General powers of Department of Community

 2  Affairs under ss. 290.0401-290.049.--The department has all

 3  the powers necessary or appropriate to carry out the purposes

 4  and provisions of the program, including the power to:

 5         (7)  Establish advisory committees and solicit

 6  participation in the design, implementation, and evaluation of

 7  the program and its linkages with other housing, community

 8  development, and economic development resources.

 9         Section 63.  Section 290.049, Florida Statutes, is

10  repealed.

11         Section 64.  Subsection (6) of section 373.4149,

12  Florida Statutes, is amended to read:

13         373.4149  Miami-Dade County Lake Belt Plan.--

14         (6)  The Miami-Dade County Lake Belt Plan

15  Implementation Committee shall be appointed by the governing

16  board of the South Florida Water Management District to

17  develop a strategy for the design and implementation of the

18  Miami-Dade County Lake Belt Plan. The committee shall consist

19  of the chair of the governing board of the South Florida Water

20  Management District, who shall serve as chair of the

21  committee, the policy director of Environmental and Growth

22  Management in the office of the Governor, the secretary of the

23  Department of Environmental Protection, the director of the

24  Division of Water Facilities or its successor division within

25  the Department of Environmental Protection, the director of

26  the Office of Tourism, Trade, and Economic Development within

27  the office of the Governor, the secretary of the Department of

28  Community Affairs, the executive director of the Game and

29  Freshwater Fish Commission, the director of the Department of

30  Environmental Resource Management of Miami-Dade County, the

31  director of the Miami-Dade County Water and Sewer Department,

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    Amendment No.    





 1  the Director of Planning in Miami-Dade County, a

 2  representative of the Friends of the Everglades, a

 3  representative of the Florida Audubon Society, a

 4  representative of the Florida chapter of the Sierra Club, four

 5  representatives of the nonmining private landowners within the

 6  Miami-Dade County Lake Belt Area, and four representatives

 7  from the limestone mining industry to be appointed by the

 8  governing board of the South Florida Water Management

 9  District. Two ex officio seats on the committee will be filled

10  by one member of the Florida House of Representatives to be

11  selected by the Speaker of the House of Representatives from

12  among representatives whose districts, or some portion of

13  whose districts, are included within the geographical scope of

14  the committee as described in subsection (3), and one member

15  of the Florida Senate to be selected by the President of the

16  Senate from among senators whose districts, or some portion of

17  whose districts, are included within the geographical scope of

18  the committee as described in subsection (3).  The committee

19  may appoint other ex officio members, as needed, by a majority

20  vote of all committee members.  A committee member may

21  designate in writing an alternate member who, in the member's

22  absence, may participate and vote in committee meetings.

23         Section 65.  The Institute of Food and Agricultural

24  Sciences at the University of Florida is authorized to enter

25  into contracts with the U.S. Department of Agriculture and may

26  receive grants of money to support the Florida State Rural

27  Development Council.

28         Section 66.  The Workforce Development Board of

29  Enterprise Florida, Inc., shall develop, in consultation with

30  the State Board of Community Colleges and the Division of

31  Workforce Development of the Department of Education, a policy

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  authorizing the placement of Workforce Investment Act clients

 2  and other training program clients in self-employment as a

 3  means job placement. Notwithstanding any other provision of

 4  law, such policy shall define the conditions necessary,

 5  including documentation of income, for self-employment to

 6  qualify as job placement for Workforce Investment Act programs

 7  and Workforce Development Education Fund programs.

 8         Section 67.  Extraordinary economic development

 9  opportunities and threats; responsibilities of the Office of

10  Tourism, Trade, and Economic Development and Enterprise

11  Florida, Inc.; creation of Economic Development Leadership

12  Council.--

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

14  Development, in conjunction with Enterprise Florida, Inc.,

15  shall establish a unit within the office responsible for

16  forecasting extraordinary economic development opportunities

17  and extraordinary economic development threats with the

18  potential to affect significantly the economy of the state.

19  The unit also shall be responsible for coordinating

20  development and implementation of an action plan to address,

21  in a proactive manner, such opportunities or threats. The unit

22  shall be composed of staff members from the office and from

23  Enterprise Florida, Inc., who are designated by the director

24  of the office and the president of Enterprise Florida, Inc.

25         (2)  For the purposes of this section, the term

26  "extraordinary economic development opportunity" includes an

27  economic development project, whether associated with the

28  expansion of an existing business in the state or the location

29  of a new business to the state, which has the potential to

30  result in the creation of at least 500 jobs in the state or a

31  cumulative investment in the state of at least $100 million.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  The term "extraordinary economic development threat" includes

 2  the potential loss of at least 500 jobs in the state because

 3  of the reorganization, closure, or relocation out of the state

 4  by an existing business in the state.

 5         (3)  Duties of the forecast unit in the Office of

 6  Tourism, Trade, and Economic Development shall include, but is

 7  not limited to:

 8         (a)  Analyzing market conditions for business sectors

 9  that are strategically important to the state economy;

10         (b)  Monitoring economic development activities in

11  other states which have the potential to affect this state;

12         (c)  Reviewing and understanding trade publications for

13  business sectors that are strategically important to the state

14  economy;

15         (d)  Identifying private-sector points of contact

16  inside and outside the state which can provide the unit with

17  expertise and insights on matters affecting business sectors

18  that are strategically important to the state economy;

19         (e)  Preparing contingency plans to enable the state to

20  respond rapidly and effectively to extraordinary economic

21  development opportunities or threats;

22         (f)  Documenting lessons learned from extraordinary

23  economic development opportunities and threats once they have

24  occurred; and

25         (g)  Working with local and regional economic

26  development organizations to forecast extraordinary economic

27  development opportunities and threats.

28         (4)  There is created the Economic Development

29  Leadership Council, which shall be responsible for providing

30  state leadership in response to an extraordinary economic

31  development opportunity or an extraordinary economic

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  development threat.

 2         (a)  The council shall be composed of the following

 3  members;

 4         1.  The Governor;

 5         2.  The President of the Senate;

 6         3.  The Speaker of the House of Representatives;

 7         4.  The director of the Office of Tourism, Trade, and

 8  Economic Development; and

 9         5.  The president of Enterprise Florida, Inc.

10         (b)  The council shall convene at the recommendation of

11  the director of the Office of Tourism, Trade, and Economic

12  Development. Staff of the forecast unit within the office

13  shall serve as staff to the council. The forecast unit within

14  the office shall inform the council about the extraordinary

15  economic development opportunity or threat and shall seek the

16  advice of the council members on development and

17  implementation of a plan of action to address the opportunity

18  or threat. Staff of the forecast unit shall maintain the

19  confidentiality provided under section 288.075, Florida

20  Statutes.

21         (5)  By January 31, 2001, the Office of Tourism, Trade,

22  and Economic Development, in conjunction with Enterprise

23  Florida, Inc., shall submit a report to the Governor, the

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

25  Representatives which includes specific recommendations for

26  vesting the Economic Development Leadership Council with

27  powers to respond to an extraordinary economic development

28  opportunity or an extraordinary economic development threat.

29         Section 68.  Toolkit for Economic Development.--

30         (1)  LEGISLATIVE INTENT.--The Legislature finds that

31  the state has numerous economically distressed communities

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  with a high proportion of needy families who are current or

 2  former recipients of public assistance or who are at risk of

 3  becoming dependent upon public assistance. The Legislature

 4  also finds that the existence of safe and strong communities

 5  with prosperous economies is crucial to reduce dependence on

 6  public assistance and to promote employment retention and

 7  self-sufficiency. It is the intent of the Legislature to

 8  reduce reliance on public assistance, to promote employment

 9  retention, and to increase self-sufficiency by providing

10  easily accessed and useable tools that support local

11  initiatives that create economically prosperous communities

12  for needy families.

13         (2)  CREATION; PURPOSE.--There is created a program to

14  be known as the "Toolkit for Economic Development," the

15  purpose of which is to enable economically distressed

16  communities to access easily, and use effectively, federal and

17  state tools to improve conditions in the communities and

18  thereby help needy families in the communities avoid public

19  assistance, retain employment, and become self-sufficient.

20         (3)  DEFINITIONS.--For the purposes of this section, a

21  community is "economically distressed" if the community is

22  experiencing conditions affecting its economic viability and

23  hampering the self-sufficiency of its residents, including,

24  but not limited to, low per capita income, low property

25  values, high unemployment, high under-employment, low weekly

26  wages compared to the state average, low housing values

27  compared to the state or area average, high percentage of the

28  population receiving public assistance, high poverty levels

29  compared to the state average, and high percentage of needy

30  families.

31         (4)  LIAISONS.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         (a)  By August 1, 2000, the head of each of the

 2  following agencies or organizations shall designate a

 3  high-level staff person from within the agency or organization

 4  to serve as a liaison to this program:

 5         1.  Office of Tourism, Trade, and Economic Development;

 6         2.  Office of Urban Opportunity;

 7         3.  Department of Community Affairs;

 8         4.  Department of Law Enforcement;

 9         5.  Department of Juvenile Justice;

10         6.  Department of Transportation;

11         7.  Department of Environmental Protection;

12         8.  Department of Agriculture and Consumer Services;

13         9.  Department of State;

14         10.  Department of Health;

15         11.  Department of Children and Family Services;

16         12.  Department of Corrections;

17         13.  Department of Labor and Employment Security;

18         14.  Department of Education;

19         15.  Department of Military Affairs;

20         16.  Florida Housing Finance Corporation;

21         17.  Institute of Food and Agricultural Sciences;

22         18.  Institute on Urban Policy and Commerce;

23         19.  Florida Tourism Industry Marketing Corporation;

24         20.  Enterprise Florida, Inc.;

25         21.  Workforce Development Board of Enterprise Florida,

26  Inc.;

27         22.  Executive Office of the Governor; and

28         23.  Any other agencies or organizations as determined

29  by the coordinating partners.

30         (b)  An alternate for each designee shall also be

31  chosen, and the names of the designees and alternates shall be

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    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  sent to the coordinating partners, which shall convene the

 2  liaisons as necessary.

 3         (c)  Each liaison must have a comprehensive knowledge

 4  of the functions, whether regulatory or service-based, of his

 5  or her agency or organization. The liaison shall be the

 6  primary contact for the agency or organization for the Toolkit

 7  for Economic Development, assisting in expediting proposal

 8  review, resolving problems, promoting flexible assistance, and

 9  identifying opportunities for support within the agency or

10  organization.

11         (d)  As deemed necessary by the coordinating partners,

12  liaisons shall review proposals from economically distressed

13  communities to determine if they would be properly referred or

14  submitted to their agencies or organizations. If such referral

15  and submittal is appropriate, the liaison shall then assist

16  the community as an ombudsman.

17         (e)  The liaisons shall work at the request of the

18  coordinating partners to review statutes and rules for their

19  adverse effects on economically distressed communities and to

20  develop alternative proposals to mitigate these effects.

21         (f)  Liaisons shall review their agencies' or

22  organizations' evaluation and scoring procedures for grant,

23  loan, and aid programs to ensure that economically distressed

24  communities are not unfairly disadvantaged, hampered, or

25  handicapped in competing for awards because of community

26  economic hardship. If they are, new evaluation criteria and

27  scoring procedures shall be considered that recognize

28  disproportionate requirements which an application process

29  makes of a community that lacks the resources of other more

30  prosperous communities. The evaluation criteria should weight

31  contribution in proportion to the amount of resources

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  available at the local level.

 2         (g)  Annually, the coordinating partners shall report

 3  to the Governor and the head of each agency or organization on

 4  the work and accomplishments of the liaisons.

 5         (5)  COORDINATING PARTNERS.--

 6         (a)  The liaisons from the WAGES State Board of

 7  Directors, or its successor organization, the Office of Urban

 8  Opportunity, the Department of Community Affairs, Enterprise

 9  Florida, Inc., and the Workforce Development Board of

10  Enterprise Florida, Inc., shall serve as the coordinating

11  partners of the Toolkit for Economic Development and act as an

12  executive committee for the liaisons. The coordinating

13  partners shall review any request from a Front Porch Community

14  and shall provide whatever assistance that this section can

15  afford to them.

16         (b)  From time to time, the coordinating partners may

17  recommend to the head of an agency or organization, approval

18  of a project that in the unanimous judgment of the

19  coordinating partners will have an extraordinary positive

20  impact on an economically distressed community. Upon such

21  recommendation, the head of an agency or organization shall

22  give priority consideration for approval of such project.

23         (6)  MATCHING-FUNDS OPTIONS.--Notwithstanding any other

24  provision of law, an agency or organization may waive any

25  state-required matching-funds requirements at the request of

26  the coordinating partners. This waiver is contingent upon the

27  determination by the coordinating partners that the community

28  is fully committed to the success of a project, but lacks the

29  community resources to meet match requirements. In-kind

30  matches shall be allowed and applied as matching-funds

31  utilizing the same determination criteria. The coordinating

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  partners must unanimously endorse each request to an agency or

 2  organization. Any funds appropriated to the coordinating

 3  partners may be used to meet matching-funds requirements or

 4  fees for federal, state, or foundation application

 5  requirements.

 6         (7)  INVENTORY.--The coordinating partners shall

 7  develop, in consultation with the liaisons, an inventory of

 8  recommended federal and state tax credits, incentives,

 9  inducements, programs, opportunities, demonstrations or pilot

10  programs, grants, and other resources available through the

11  agencies and organizations which could assist Front Porch

12  Florida or economically distressed communities. Each entry in

13  the inventory must include a summary; a contact person; a

14  simple description of the application process and a timetable;

15  a profile of funding awards and funds availability; and a

16  complexity ranking. The inventory shall be organized into

17  seven categories, including:

18         (a)  Leadership.--Entries that promote the skills and

19  capacities of local leaders, volunteers, organizations, and

20  employees that work on other categories of the inventory.

21  These entries shall include, but are not limited to, grants;

22  scholarships; Individual Training Accounts; Retention

23  Incentive Training Account programs; and other programs that

24  build the resident capacity to create a better community.

25  These entries shall include educational-based institutes that

26  can assist with research, consulting, technical assistance,

27  capacity building, training, and program assistance to

28  communities.

29         (b)  Safety.--Entries that increase safety and reduce

30  crime. These entries shall include, but are not limited to,

31  the training and employment of public safety employees and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  volunteers; establishing safer businesses and neighborhoods;

 2  training residents in safety practices; organizing safety

 3  networks and cooperatives; improving lighting; improving the

 4  safety of homes, buildings, and streets; and providing for

 5  community police and safety projects, including those designed

 6  to protect youth in the community. Other entries may be

 7  included that reinforce community and local law enforcement.

 8         (c)  Clean Up.--Entries that support clean up and

 9  enhancement projects that quickly create visible improvements

10  in neighborhoods, including the demolition of drug havens and

11  abandoned buildings. These entries shall include, but are not

12  limited to, projects that plan, design, or implement clean up

13  strategies; main street redevelopment; and renovation

14  projects. These entries may also include planning and

15  implementation for larger neighborhood revitalization and

16  economic development projects.

17         (d)  Business.--Entries that support small business

18  development, including, but not limited to, attraction of

19  national franchises; micro-loans; guaranteed commercial loans;

20  technical assistance; self-employment; linked deposit; loan

21  loss reserves; business incubators; and other activities that

22  support the market economy.

23         (e)  Schools.--Entries that upgrade schools through

24  repair or renovation, as well as training and employment

25  entries to assist with school transportation, services, and

26  security. These entries shall include, but are not limited to,

27  programs that enable school-based childcare; before, after,

28  and summer school programs; programs that broaden the use of

29  school facilities as a hub and haven within the community;

30  scholarships; and grant programs that assist families and

31  individuals to complete and enhance their education.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         (f)  Partners.--Entries that provide tax credits,

 2  incentives, and other inducements to businesses that

 3  contribute to community projects, such as the community

 4  contribution tax credit under sections 220.183 and 624.5105,

 5  Florida Statutes. These entries shall include any programs

 6  that help raise federal or foundation grant funds.

 7         (g)  Redevelopment.--Entries that support the planning,

 8  preparation, construction, marketing, and financing of

 9  residential, mixed-use, and commercial redevelopment, as well

10  as residential and business infrastructure projects. These

11  entries shall include, but are not limited to, the workforce

12  development programs that influence business decisions such as

13  the Quick-Response Training Program and Quick-Response

14  Training Program for Work and Gain Economic Self-sufficiency

15  (WAGES) participants.

16         (8)  START-UP INITIATIVE.--

17         (a)  Subject to legislative appropriation and the

18  provisions of this act, the Start-Up Initiative is created to

19  promote the use of the inventory, to boost a community's

20  efforts, and to ensure that federal funds do not go unexpended

21  or unobligated, or are not returned to federal agencies.

22         (b)  The coordinating partners, in consultation with

23  the liaisons, local economic development organizations, and

24  regional workforce development boards, shall identify 15

25  communities, seven of which must be from the state's seven

26  largest counties, three of which must be from rural counties,

27  and five of which must be from other counties in the state.

28  These communities must be compact, congruent, and contiguous

29  census tracts that have high concentrations of needy families

30  who are current, former, or likely recipients of public

31  assistance. To the maximum extent possible, these communities

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  should coincide with federal empowerment zones, enterprise

 2  communities, or similar designations; HOPE VI communities;

 3  Front Porch Florida communities; enterprise zones established

 4  under chapter 290 or chapter 370, Florida Statutes;

 5  Neighborhood Improvement Districts established under chapter

 6  163, Florida Statutes; community redevelopment areas

 7  established under chapter 163, Florida Statutes; and Urban

 8  High Crime Areas or Rural Job Tax Credit Areas established

 9  under chapter 212, Florida Statutes.

10         (c)  The coordinating partners shall solicit proposals

11  from Front Porch Advisory Committees, community-based

12  organizations, local governments, and neighborhood

13  associations located in the communities identified in

14  paragraph (b) and Front Porch communities. The coordinating

15  partners shall provide each applicant with the inventory and

16  recommendations on proposals that can be funded.

17         (d)  Communities may prepare a proposal to access and

18  use various entries from the inventory which will launch or

19  boost their economic development efforts. Proposals must be no

20  more than 20 pages long and include:

21         1.  A brief description of how the community would use

22  entries from the inventory in the community's economic

23  development strategy;

24         2.  Specific evidence of community support for the

25  proposal from community-based organizations, local government,

26  regional workforce development boards, and local economic

27  development organizations;

28         3.  Identification and commitment of local resources

29  for the proposal from community-based organizations, local

30  government, regional workforce development boards, and local

31  economic development organizations;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         4.  Identification of the specific entity or person

 2  responsible for coordinating the community's proposal; and

 3         5.  Identification of a local fiscal entity for

 4  contracting, administration, and accountability.

 5         (e)  The coordinating partners shall appoint a liaison

 6  to assist each community with the proposal and its

 7  implementation, if awarded.

 8         (f)  The coordinating partners shall design an

 9  impartial and competitive proposal-review process and

10  evaluation criteria. Based on the evaluation criteria, up to

11  nine communities shall be designated to participate in the

12  Start Up Initiative. Once a community is designated, the

13  coordinating partners and the community's liaison will work to

14  finalize the proposal, including the addition of funding

15  sources for each inventory entry. The finalized proposal shall

16  serve as the contract between the community and the Start-Up

17  Initiative. If sufficient funding does not exist for an entry

18  that is essential for the community's proposal or a community

19  is ineligible for a specific inventory entry, the coordinating

20  partners may allocate funding that is under their control to

21  fulfill the entry. The proposal must be operational within 3

22  months after approval.

23         (g)  Proposals that would mainly result in

24  gentrification of the community, that would not employ a

25  preponderance of residents, and that predominately create

26  residences or businesses that are beyond the anticipated

27  income level of the working residents of the community are not

28  eligible.

29         (h)  Proposal awards shall be obligated for federal

30  funding purposes, and shall be considered appropriated for

31  purposes of section 216.301, Florida Statutes. The

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  coordinating partners may allocate funding that is under their

 2  control to fund this initiative. Any funding appropriated to

 3  assist needy families, or to promote job placement and

 4  employment retention, which is in excess of revenues necessary

 5  to fulfill the appropriated purpose, and which may not be

 6  obligated during the budget year, may be allocated to this

 7  initiative to support an approved proposal.

 8         (i)  Any federal funds must be used for purposes

 9  consistent with applicable federal law; however, the

10  coordinating partners, with the assistance of the Department

11  of Children and Family Services, shall aggressively pursue

12  innovative uses of federal funds to support projects that

13  train community leaders, upgrade individuals skills, promote

14  safety, clean up communities, beautify neighborhoods,

15  encourage small business, stimulate employment, increase

16  educational opportunity, promote community partnering, advance

17  community redevelopment, and upgrade housing because it

18  assists needy families, promoting self-sufficiency and job

19  retention.

20         (j)  The coordinating partners shall adopt procedures

21  for the Start-Up Initiative and may, if necessary, adopt,

22  through the Department of Community Affairs, emergency rules

23  to govern the submission of proposals, the evaluation of

24  proposals, the initiative awards, and the implementation

25  procedures for administration of awards.

26         (9)  COMMUNITIES OF CRITICAL ECONOMIC OPPORTUNITY.--The

27  coordinating partners may recommend to the Governor up to

28  three communities of critical economic opportunity. A

29  community of critical economic opportunity must be a community

30  that is economically distressed, that presents a unique

31  economic development opportunity, and that will create more

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  than 1,000 jobs over a 5-year period. The Governor may, by

 2  executive order, designate up to three communities of critical

 3  economic opportunity which will establish these areas as

 4  priority assignments for the liaisons and coordinating

 5  partners as well as to allow the Governor, acting through

 6  them, to waive criteria, requirements, or similar provisions

 7  of any economic development incentive. Such incentives shall

 8  include, but not be limited to: the Qualified Target Industry

 9  Tax Refund Program under section 288.106, Florida Statutes,

10  the Quick Response Training Program under section 288.047,

11  Florida Statutes, the WAGES Quick Response Training Program

12  under section 288.047(10), Florida Statutes, transportation

13  projects under section 288.063, Florida Statutes, the

14  brownfield redevelopment bonus refund under section 288.107,

15  Florida Statutes, and the job and employment tax credit

16  programs. Designation as a community of critical economic

17  opportunity under this subsection shall be contingent upon the

18  execution of a memorandum or agreement among the coordinating

19  partners; the governing body of the county; and the governing

20  bodies of any municipalities to be included within an area of

21  critical economic opportunity. Such agreement shall specify

22  the terms and conditions of the designation, including, but

23  not limited to, the duties and responsibilities of the county

24  and any participating municipalities to take actions designed

25  to facilitate the retention and expansion of existing

26  businesses in the area, as well as the recruitment of new

27  businesses to the area.

28         (10)  FUNDING.--

29         (a)  To implement the provisions of this act, the

30  coordinating partners are authorized to spend, contingent on a

31  specific appropriation, up to $25 million from the Temporary

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  Assistance for Needy Families (TANF) Block Grant through the

 2  TANF administrative entity at the Department of Management

 3  Services.

 4         (b)  Any expenditure from the TANF Block Grant shall be

 5  in accordance with the requirements and limitations of Title

 6  IV of the Social Security Act, as amended, or any other

 7  applicable federal requirement or limitation in law. Prior to

 8  any expenditure of such funds, the Workforce Development Board

 9  of Enterprise Florida, Inc., and the secretary of the

10  Department of Children and Family Services, or his or her

11  designee, shall certify that controls are in place to ensure

12  that such funds are expended and reported in accordance with

13  the requirements and limitations of federal law. It shall be

14  the responsibility of any entity to which funds are awarded to

15  obtain the required certification prior to any expenditure of

16  funds.

17         (11)  REPORTING.--The Office of Program Policy Analysis

18  and Government Accountability and the coordinating partners,

19  shall develop measures and criteria by October 1, 2001, for

20  evaluating the effectiveness of the Toolkit for Economic

21  Development including the liaisons, coordinating partners,

22  waivers and matching options, inventory, Start-Up Initiative,

23  and Communities of Critical Economic Opportunity. The Office

24  of Program Policy and Government Accountability shall submit

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

26  of the House of Representatives, by January 1, 2002, a report

27  detailing the progress that the Toolkit for Economic

28  Development has made toward achievement of established

29  measures.

30         (12)  EXPIRATION.--This section expires June 30, 2002.

31         Section 69.  Section 288.1260, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  created to read:

 2         288.1260  Front Porch Florida Initiative.--

 3         (1)  LEGISLATIVE INTENT.--The Legislature finds that

 4  the State of Florida has many communities that, in times of

 5  general fiscal prosperity, have not experienced the same

 6  levels of economic fulfillment as other areas of our state.

 7  These neighborhoods and communities are often found in the

 8  urban core areas of our cities, and have been the recipients

 9  of top down imposed state and federal programs that have

10  lacked a comprehensive approach to revitalization. The

11  Legislature further finds that these distressed urban cores

12  have often had a narrow set of solutions imposed on them

13  without regard to the unique nature of the problems that face

14  each neighborhood.

15         (2)  CREATION.--The Front Porch Florida initiative will

16  be a community-based effort, giving residents the power to

17  define the causes of their problems and harnessing the

18  collective power of individual neighborhoods to craft unique

19  solutions to these problems. The Front Porch Florida

20  initiative is created to provide a comprehensive,

21  community-based approach to neighborhood revitalization in

22  Florida, engaging the resources of the state as a facilitator

23  for community solutions and a civic switchboard to match

24  communities with resources.

25         (3)  PRINCIPLES.--The Front Porch Florida initiative is

26  built upon the following principles:

27         (a)  Urban revitalization begins in Florida's

28  neighborhoods and not in state government. The resources for

29  solving some of their problems may reside in part in state and

30  local government, but the solutions to the unique challenges

31  of each neighborhood must come from citizens who live in these

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  neighborhoods.

 2         (b)  Expanded business opportunities and access to

 3  capital are critical to sustaining any urban renewal efforts.

 4  There must be a multi-faceted commitment of fiscal resources

 5  and increased business opportunities that stimulates

 6  entrepreneurship in urban core neighborhoods.

 7         (c)  Government cannot raise expectations beyond its

 8  capacity to deliver. State and local governments have roles in

 9  our urban cores, but government is not the panacea.

10         (d)  An effective state urban policy must support

11  existing efforts and work with the on-going activities of

12  local communities, mayors, and municipalities. The state must

13  also leverage faith-based and community-based groups into the

14  equation in a way that has never been tried before. Churches,

15  ministers, pastors, rabbis, and other community leaders are

16  often the greatest agents of improvement in our urban cores.

17  They must be empowered to be involved in Front Porch Florida

18  to the greatest extent possible.

19         (4)  LIAISONS TO FRONT PORCH FLORIDA COMMUNITIES.--No

20  later than August 1, 2000, the head of each of the following

21  agencies or organizations shall designate a high-level staff

22  person from within the agency or organization to serve as the

23  Front Porch Florida liaison to the Front Porch Florida "A"

24  Team:

25         1.  Department of Community Affairs;

26         2.  Department of Law Enforcement;

27         3.  Department of Juvenile Justice;

28         4.  Department of Corrections;

29         5.  Department of Transportation;

30         6.  Department of Environmental Protection;

31         7.  Department of Agriculture and Consumer Services;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         8.  Department of State;

 2         9.  Department of Health;

 3         10.  Department of Children and Family Services;

 4         11.  Department of Labor and Employment Security;

 5         12.  Department of Education;

 6         13.  Department of Military Affairs;

 7         14.  Institute of Food and Agricultural Sciences;

 8         15.  Enterprise Florida, Inc.;

 9         16.  Workforce Development Board of Enterprise Florida,

10  Inc.; and

11         17.  Executive Office of the Governor.

12

13  Each Front Porch Florida liaison must have comprehensive

14  knowledge of his or her agency's functions. This person shall

15  be the primary point of contact for his or her agency on

16  issues and projects relating to economically distressed

17  communities, shall ensure a prompt effective response to

18  problems arising with regard to community issues, and shall

19  assist in the identification of opportunities for preferential

20  awards of program funds to facilitate the civic switchboard

21  function of Front Porch Florida.

22         (5)  INVENTORY.--Front Porch Florida communities shall

23  use the inventory of federal and state resources developed as

24  part of the Toolkit for Economic Development to facilitate

25  solutions to their unique challenges.

26         (6)  SELECTION OF FRONT PORCH FLORIDA COMMUNITIES.--

27         (a)  The Office of Urban Opportunity, created in

28  section 14.2015(9)(a), Florida Statutes, will solicit

29  applications from Florida communities that wish to be

30  designated as Front Porch Florida communities. The application

31  should specify the boundaries of the nominated area, quantify

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  the need for revitalization, demonstrate a history of

 2  grass-roots activities in the neighborhood, and identify the

 3  resources within each community that will contribute to their

 4  success as Front Porch Florida communities.

 5         (b)  Successful applications for designation may

 6  include strategies for expanding business opportunities and

 7  access to capital, closing the gap in education, building upon

 8  the activities of faith-based and community-based groups,

 9  providing affordable, quality housing, strengthening public

10  safety, and creating a healthy environment.

11         (c)  Upon designation as a Front Porch Florida

12  community, the neighborhood will form a Governor's

13  Revitalization Council, comprised of partners and stakeholders

14  in each community. Each council should be representative of

15  the broad diversity and interests in the community and should

16  include residents, neighborhood associations, faith-based

17  organizations, and community-based organizations. Each council

18  should also develop partnerships with local government, law

19  enforcement agencies, lenders, schools, and health care

20  providers. Each council will prepare a specialized

21  Neighborhood Action Plan that will assist the Office of Urban

22  Opportunity in identifying and garnering the resources that

23  are needed to help successfully implement community

24  revitalization.

25         (7)  MONITORING AND REPORTING.--The Office of Urban

26  Opportunity shall require each designated Front Porch Florida

27  community to submit a monthly report which details the

28  activities and accomplishments of the neighborhood. On a

29  quarterly basis, each designated community must submit a

30  report that specifically addresses the elements of each

31  Neighborhood Action Plan to determine progress toward

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  achieving stated goals. The community's Governor's

 2  Revitalization Council will submit an annual progress report

 3  as part of their recertification process in order to maintain

 4  designation as a Front Porch Florida community.

 5         Section 70.  Section 239.521, Florida Statutes, is

 6  created to read:

 7         239.521  Information-technology workforce-development

 8  projects.--The Legislature recognizes that

 9  information-technology industries are adding substantial

10  numbers of high-paying, high-technology jobs in the state. The

11  Legislature also recognizes the important contribution of this

12  industry as one of the targeted industries vital to the

13  state's current and future economic growth. The Legislature

14  further recognizes that information-technology industries are

15  in need of a highly skilled workforce to meet the growing

16  demands of the industry as well as to address the needs of

17  additional information-technology companies relocating to the

18  state. The Information Technology Development Task Force,

19  appointed by the 1999 Florida Legislature for the study of key

20  issues in the development of the state's economy, recommended

21  several means for further supporting this valued industry.

22  Therefore, it is the intent of the Legislature that the

23  following initiatives be funded to support the workforce needs

24  of this growing industry consistent with recognized needs of

25  the state.

26         (1)  COMPREHENSIVE DISTANCE-LEARNING CURRICULUM

27  INITIATIVES.--

28         (a)  The Legislature recognizes that there are multiple

29  levels of employee competencies embedded within the various

30  information-technology-industry jobs. Using these competencies

31  as the basis of a curriculum for training incumbent workers to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  develop additional skills and potential workers to develop

 2  entry-level skills, the Legislature intends that a

 3  comprehensive vocational-certificate or 2-year

 4  distance-learning curriculum be developed.

 5         (b)  The comprehensive distance-learning initiative

 6  involves the State Technology Office and the State Board of

 7  Community Colleges acting through the Florida Community

 8  College Distance Learning Consortium to ensure that the

 9  curriculum is up-to-date, responsive to industry's changing

10  needs, and delivered in the most cost-effective manner

11  possible. The development of the distance-learning curriculum

12  for statewide dissemination is to be co-built by industry

13  content experts and educational providers. The process should

14  coordinate the existing efforts of individual institutions and

15  consortiums into a combined, comprehensive, and cohesive

16  methodology for providing training through the use of

17  technology and should involve:

18         1.  A statewide review of existing distance-learning

19  courses;

20         2.  Evaluation and purchase of appropriate

21  off-the-shelf products to be licensed for use on a statewide

22  basis; and

23         3.  Development of missing competency training using

24  multi-media methodologies.

25         (c)  The comprehensive distance-learning curriculum

26  developed under this subsection will be by one or more

27  institutions or consortiums. Participation in this project

28  will be competitively based and approved by the State Board of

29  Community Colleges based upon recommendations of the Florida

30  Community College Distance Learning Consortium. Participants

31  must meet the following criteria:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         1.  Experience in providing training for

 2  information-technology companies.

 3         2.  Availability of technical infrastructure to support

 4  this project.

 5         3.  Endorsement from information-technology

 6  economic-development agencies and local information-technology

 7  business commitments to be actively involved.

 8         4.  Demonstrated multi-media course and program

 9  development capabilities.

10         5.  Existing consortium efforts.

11         6.  Availability of local support.

12         (d)  Contingent on a specific appropriation, these

13  funds must be used to support, among others, salaries,

14  licensing commercial courseware, purchasing existing

15  courseware and equipment, and related course-development

16  expenses.

17         (2)  INFORMATION TECHNOLOGY INTERNSHIP OPPORTUNITIES

18  FOR FACULTY AND STUDENTS.--

19         (a)  The Legislature recognizes that the preparedness

20  of both high school and postsecondary education students

21  emerging from an educational experience ready to enter the

22  information-technology workplace is dependent upon the quality

23  of instruction provided by faculty and information-technology

24  business interaction with their program of study. The

25  Legislature further recognizes that faculty at high school and

26  postsecondary school levels are better able to integrate

27  technology and current business standards into the curriculum

28  if they can verify from personal experience and knowledge the

29  importance of these for students' future success. Faculty also

30  require the ability to continuously update their knowledge and

31  skills as technology changes, and faculty will be able to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  increase their skills and knowledge from structured internship

 2  opportunities within information-technology businesses.

 3  Further, students gain increased knowledge and skills from

 4  on-the-job training and direct work experience in a structured

 5  internship opportunity. The Legislature, therefore, creates

 6  the Information Technology Internship Program to encourage and

 7  support information-technology-program faculty and student

 8  internships with direct exposure to information-technology

 9  industries. The Legislature further intends that the program

10  will provide a minimum of 200 faculty and 200 student

11  internships at various locations across the state.

12         (b)  Local faculty and student internship initiatives

13  will be selected to be part of this project by the State

14  Technology Office, based on the following criteria:

15         1.  Information-technology businesses providing faculty

16  and student internships will pay 50 percent of the salary for

17  each intern as well as provide workers' compensation benefits.

18         2.  Economic-development agencies such as chambers of

19  commerce, economic-development commissions, or regional

20  consortia will be eligible to apply and serve as a local

21  fiscal agent for the program.

22         3.  Establishment of qualifying criteria and process

23  for matching faculty and students with business-internship

24  opportunities.

25         4.  Priority will be given to existing local efforts

26  that have proven successful and can be duplicated statewide.

27         5.  Projects may be combined with federal tax-relief

28  efforts encouraging educational internship programs.

29         (c)  Salaries and other conditions of work shall be set

30  by the Commissioner of Education, the Executive Director of

31  the Florida Community College System, and the Chancellor of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  the State University System.

 2         (d)  The Division of Workforce Development of the

 3  Department of Education shall assume administrative

 4  responsibility and act as fiscal agent for the

 5  information-technology internships.

 6         (e)  Contingent on a specific appropriation, these

 7  funds must be used to support programs established under this

 8  subsection on a statewide basis.

 9         (3)  INFORMATION-TECHNOLOGY-TRAINING

10  FACILITY-IMPROVEMENT-STRATEGY INITIATIVES.--

11         (a)  The Legislature recognizes that

12  information-technology businesses need increased numbers of

13  highly skilled workers. The shortage of a qualified labor

14  force has become a barrier to this dynamic industry's

15  continued growth in the state. The limited numbers of highly

16  skilled incumbent workers constantly need to update skills in

17  response to the evolving technologies and in order to move to

18  higher-paid positions within the industry. These incumbent

19  workers require a continuous work-and-learn cycle to maintain

20  their knowledge of new technologies and tools. Businesses

21  demand cutting-edge training opportunities for their employees

22  in order to meet the constantly changing globally competitive

23  marketplace. The Legislature recognizes that increased

24  accessibility and quality facilities are required to address

25  the increasing efforts of educational institutions to respond

26  to information-technology businesses and that

27  information-technology-training providers are expected to have

28  appropriate facilities to address the needs of this dynamic

29  industry. The Legislature further recognizes that additional

30  high-tech labs are required to provide the training for

31  computer-systems engineers, software developers, and related

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  cutting-edge job types. These labs are more expensive than

 2  regular facilities because of the additional infrastructure

 3  and continuous turnover of equipment in response to changes in

 4  global technology. Therefore, it is the intent of the

 5  Legislature to provide a process and funding for appropriate

 6  and needed information-technology-training-facility upgrades.

 7         (b)  The State Board of Community Colleges will

 8  administer funds appropriated under paragraph (c) for

 9  distribution on a competitive basis by October 1 of each year

10  to support approved projects. Projects may address upgrading

11  current facilities, planning new facilities, and combining the

12  efforts of institutions to serve the information-technology

13  business sector through state-of-the-art training facilities

14  designated to address the multi-media needs of this industry.

15  The projects would be competitively selected based on the

16  following criteria:

17         1.  A concentration of information-technology

18  industries and workers in the service area.

19         2.  Other local funding initiatives or federal funding

20  of an equal value to the state funds requested. These funds

21  must demonstrate a synergistic effort to support

22  information-technology industries.

23         3.  Priority may be given to projects, including

24  partnership effort between two or more educational

25  institutions, so that a broader range of educational services

26  may be provided for information-technology industries.

27         4.  Priorities may be given to projects that include

28  partnerships with a local municipality, county, or

29  economic-development agency as a way of demonstrating a

30  synergy of efforts to support this industry.

31         (c)  Contingent on a specific appropriation, these

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    Amendment No.    





 1  funds must be used to support two or more projects approved

 2  under this subsection.

 3         Section 71.  Present subsections (4) through (8) of

 4  section 240.311, Florida Statutes, are redesignated as

 5  subsections (5) through (9), respectively, and a new

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

 7         240.311  State Board of Community Colleges; powers and

 8  duties.--

 9         (4)  The State Board of Community Colleges shall

10  identify, using the Critical Jobs Initiative, the occupational

11  forecasting process, or any other compatible mechanism, a

12  collection of programs designed to train broadband digital

13  media specialists. Programs identified by the board shall be

14  added to the statewide lists for demand occupations, if they

15  meet the high-skill/high-wage criteria as established by the

16  Workforce Estimating Conference created under s. 216.136(10).

17         Section 72.  Subsection (5) is added to section

18  240.3341, Florida Statutes, to read:

19         240.3341  Incubator facilities for small business

20  concerns.--

21         (5)  Community colleges are encouraged to establish

22  incubator facilities through which emerging small businesses

23  supportive of the development of content and technology for

24  digital broadband media and digital broadcasting may be

25  served.

26         Section 73.  Section 240.710, Florida Statutes, is

27  created to read:

28         240.710  Digital Media Education Coordination Group.--

29         (1)  The Board of Regents shall create a Digital Media

30  Education Coordination Group composed of representatives of

31  the universities within the State University System which

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  shall work in conjunction with the State Board of Community

 2  Colleges and the Articulation Coordinating Committee on the

 3  development of a plan to enhance Florida's ability to meet the

 4  current and future workforce needs of the digital media

 5  industry. The following purposes of the group shall be

 6  included in its plan-development process:

 7         (a)  Coordination of the use of existing academic

 8  programs, research, and faculty resources to promote the

 9  development of a digital media industry in Florida;

10         (b)  Addressing strategies to improve opportunities for

11  interdisciplinary study and research within the emerging field

12  of digital media through the development of tracts in existing

13  degree programs, new interdisciplinary degree programs, and

14  interdisciplinary research centers; and

15         (c)  Addressing the sharing of resources among

16  universities in such a way as to allow a student to take

17  courses from multiple departments or multiple educational

18  institutions in pursuit of competency, certification, and

19  degrees in digital information and media technology.

20         (2)  Where practical, private accredited institutions

21  of higher learning in Florida should be encouraged to

22  participate.

23         (3)  In addition to the elements of the plan governed

24  by the purposes described in subsection (1), the plan shall

25  include, to the maximum extent practicable, the coordination

26  of educational resources to be provided by distance learning

27  and shall facilitate, to the maximum extent, possible

28  articulation and transfer of credits between community

29  colleges and the state universities. The plan must address

30  student enrollment in affected programs with emphasis on

31  enrollment beginning as early as the Fall Term in 2001.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         (4)  The Digital Media Education Coordination Group

 2  shall submit its plan to the President of the Senate and the

 3  Speaker of the House of Representatives by January 1, 2001.

 4         Section 74.  The Workforce Development Board of

 5  Enterprise Florida, Inc., should reserve up to $1 million of

 6  funds dedicated in Fiscal Year 2000-2001 for Incumbent Worker

 7  Training for the digital media industry. Training may be

 8  provided by public or private training providers for broadband

 9  digital media jobs listed on the Occupational Forecast List

10  developed by the Workforce Estimating Conference or the

11  Targeted Occupations List of the Workforce Development Board.

12  Programs that operate outside the normal semester time periods

13  and coordinate the use of industry and public resources should

14  be given priority status for such reserved funds.

15         Section 75.  The Workforce Development Board of

16  Enterprise Florida, Inc., shall by August 31, 2000, develop a

17  plan for the use of Targeted Assistance to Needy Families

18  funds, Workforce Investment Act funds, Quick Response funds,

19  Incumbent Worker Training funds, and other training-related

20  resources to enhance the workforce of digital-media-related

21  industries.  The plan must provide the industries with a

22  program to train and assess the status of industry workforce

23  readiness for the digital era and should be done in

24  conjunction with the broadcast and cable industries.

25         Section 76.  The sum of $1 million is appropriated from

26  the General Revenue Fund to the Digital Media Education

27  Infrastructure Fund for the 2000-2001 fiscal year, provided

28  such infrastructure fund is enacted into law as a result of

29  action taken during the 2000 Regular Session of the

30  Legislature. The Office of Tourism, Trade, and Economic

31  Development shall be responsible for contracting with eligible

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  entities for receipt of such funds. The funds must be spent

 2  according to the priorities established by the industry sector

 3  group on broadband digital media established by Enterprise

 4  Florida, Inc., and must be matched by industry contributions.

 5         Section 77.  Enterprise Florida, Inc., shall convene an

 6  organizational meeting for industries involved in broadband

 7  digital media to organize and facilitate future activities of

 8  associated industry groups or facilitate the ongoing

 9  activities of a similar group. Enterprise Florida, Inc., shall

10  make all necessary preparations to identify and designate a

11  digital-media sector as part of its sector strategy and

12  identify the sector as a priority recruitment/retention set of

13  industries.

14         Section 78.  (1)  Enterprise Florida, Inc., shall award

15  a contract for the establishment of a digital media incubator

16  to encourage companies developing content and technology for

17  digital broadband media and digital broadcasting to locate and

18  develop their businesses in Florida.  Qualifications of an

19  applicant for a contract as a digital media incubator shall at

20  a minimum include the following:

21         (a)  Demonstrated expertise in developing content and

22  technology for digital broadband media and digital

23  broadcasting;

24         (b)  Demonstrated ability in venture capital

25  fund-raising;

26         (c)  Demonstrated expertise in the development of

27  digital media businesses; and

28         (d)  Demonstrated ability in coordinating public and

29  private educational institutions and business entities in

30  digital technology joint business ventures. The awarding of

31  the contract must follow the procedures outlined in chapter

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  287, Florida Statutes.

 2         (2)  There is appropriated the sum of $2 million from

 3  the General Revenue Fund to Enterprise Florida, Inc., for the

 4  purpose of providing operational and investment seed funding

 5  to encourage the financial and strategic participation of

 6  venture capital firms, corporate and institutional sponsors,

 7  and targeted start-up companies in the establishment of the

 8  digital incubator.  Initial state investment in the incubator

 9  must be matched with contributions from the industry with

10  participating industry partners, including, but not limited

11  to, venture capitalists, digital media manufacturers, and

12  digital media content providers.

13         (3)  Maximized leveraging of funds must be a priority

14  consideration in the location of the digital media incubator.

15  Consideration must be given to collocation of the incubator

16  with an existing state of the art media lab or an upgraded or

17  newly created media lab funded through the Digital Media

18  Education Infrastructure Fund in the Office of Tourism. Trade,

19  and Economic Development.

20         Section 79.  ITFlorida, in consultation with Enterprise

21  Florida, Inc., shall develop a marketing plan to promote the

22  state as digital-media-friendly, as a digital-media-ready

23  environment, and as a national leader in the development and

24  distribution of broadband digital media content, technology,

25  and education. The marketing plan must identify critical roles

26  for various public and private partners and establish a

27  marketing timeline and goals. The plan must be completed by

28  December 31, 2000.

29         Section 80.  The provisions of this act relating to

30  workforce or economic development for digital media are

31  subject to legislative appropriation.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         Section 81.  Section 331.367, Florida Statutes, is

 2  amended to read:

 3         331.367  Spaceport Management Council.--

 4         (1)  The Spaceport Management Council is created within

 5  the Spaceport Florida Authority to provide intergovernmental

 6  coordination and to develop recommendations on projects and

 7  activities to that will increase the operability and

 8  capabilities of Florida's space launch facilities, increase

 9  statewide space-related industry and opportunities, and

10  promote space education, and research, and technology

11  development within the state. The council shall work to create

12  develop integrated facility and programmatic development plans

13  to address commercial, state, and federal requirements and to

14  identify appropriate private, state, and federal resources to

15  implement these plans.

16         (2)  The council shall make recommendations regarding:

17         (a)  The development of a spaceport master plan.

18         (b)  The projects and levels of commercial financing

19  required from the Florida Commercial Space Financing

20  Corporation created by s. 331.407.

21         (c)  In consultation with the Florida Space Research

22  Institute, development and expansion of space-related

23  education and research facilities and programs within Florida,

24  including recommendations to be provided to the State

25  University System, the Division of Community Colleges, and the

26  Department of Education.

27         (d)  The regulation of spaceports and federal and state

28  policy.

29         (e)  Appropriate levels of governmental and private

30  funding for sustainable Florida's approach to the Federal

31  Government regarding requests for funding of space

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  development.

 2         (f)  The council shall submit its recommendations to

 3  the Governor and Lieutenant Governor, and provide copies to

 4  the Secretary of Transportation, the director of the Office of

 5  Tourism, Trade, and Economic Development, the associate

 6  administrator for Space Transportation in the United States

 7  Department of Transportation, the administrator of the

 8  National Aeronautics and Space Administration, and the Deputy

 9  Assistant Secretary of the Air Force for Space Plans and

10  Policy.

11         (3)(a)  The council shall consist of an executive

12  board, which shall consist of representatives of governmental

13  organizations with responsibilities for developing or

14  operating space transportation facilities, and a Space

15  Industry Committee, which shall consist of representatives of

16  Florida's space industry.

17         (b)  The following individuals or their designees shall

18  serve on the executive board:

19         1.  The executive director of the Spaceport Florida

20  Authority or his or her designee.

21         2.  The director of the John F. Kennedy Space Center or

22  his or her designee.

23         3.  The Commander of the United States Air Force 45th

24  Space Wing or his or her designee.

25         4.  The Commander of the Naval Ordnance Test Unit or

26  his or her designee.

27         2.5.  The Secretary of Transportation or his or her

28  designee.

29         3.6.  The president of Enterprise Florida, Inc., or his

30  or her designee, as an ex officio nonvoting member.

31         4.7.  The director of the Office of Tourism, Trade, and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  Economic Development or his or her designee, as an ex officio

 2  nonvoting member.

 3         (c)1.  Participation by the federal agencies having

 4  space-related missions in Florida will contribute to council

 5  effectiveness, and the following installation heads or their

 6  designees may serve as official liaisons to the council: the

 7  director of the John F. Kennedy Space Center, the Commander of

 8  the 45th Space Wing, and the Commander of the Naval Ordnance

 9  Test Unit.

10         2.  Federal liaison officials will be invited to attend

11  all council meetings, provide federal agency views on issues

12  before the council, and present issues of concern and make

13  recommendations to the council.

14         3.  The council will recognize that the role of federal

15  liaison officials is limited by federal statutes and other

16  constraints, and that determination of such limitation is a

17  federal function.

18         4.  The fiduciary responsibility of the official

19  liaisons shall remain at all times with their respective

20  agencies.

21         5.  To the extent the advice or recommendations of the

22  official liaisons are not adopted or incorporated into the

23  final recommendations of the council, the official liaisons

24  may append to such final recommendations their advice,

25  recommendations, or opinions.

26         (4)  Each member shall be appointed to serve for a

27  3-year term, beginning July 1. Initial appointments shall be

28  made no later than 60 days after the effective date of this

29  act.

30         (5)  The executive board shall hold its initial meeting

31  no later than 30 days after the members have been appointed.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  The Space Industry Committee shall hold its initial meeting no

 2  later than 60 days after the members have been appointed.

 3         (6)  All council members must be residents of the

 4  state.

 5         (4)(7)  The executive board council shall adopt bylaws

 6  governing the manner in which the business of the council

 7  shall be conducted. The bylaws shall specify the procedure by

 8  which the chairperson of the council is elected.

 9         (5)(8)  The council shall provide infrastructure and

10  program requirements and develop other information to be

11  utilized in a 5-year spaceport master plan. The council shall

12  define goals and objectives concerning the development of

13  spaceport facilities and an intermodal transportation system

14  consistent with the goals of the Florida Transportation Plan

15  developed pursuant to s. 339.155.

16         (6)(9)  The council shall provide requirements and

17  other information to be utilized in the development of a

18  5-year Spaceport Economic Development Plan, defining the goals

19  and objectives of the council concerning the development of

20  facilities for space manufacturing, research and technology

21  development, and education educational facilities.

22         (7)(10)  The council shall meet at the call of its

23  chairperson, at the request of a majority of its membership,

24  or at such times as may be prescribed in its bylaws. However,

25  the council must meet at least semiannually. A majority of

26  voting members of the council constitutes a quorum for the

27  purpose of transacting the business of the council. A majority

28  vote of the majority of the voting members present and voting

29  is sufficient for any action of the council, unless the bylaws

30  of the council require a greater vote for a particular action.

31         Section 82.  Section 331.368, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  amended to read:

 2         331.368  Florida Space Research Institute.--

 3         (1)  There is created the Florida Space Research

 4  Institute, the purpose of which is to serve as an

 5  industry-driven center for research, leveraging the state's

 6  resources in a collaborative effort to support Florida's space

 7  industry and its expansion, diversification, and transition to

 8  commercialization.

 9         (2)  The institute shall operate as a public/private

10  partnership under the direction of a board composed comprised

11  of:

12         (a)  A representative of the Spaceport Florida

13  Authority.

14         (b)  A representative of Enterprise Florida, Inc.

15         (c)  A representative of the Florida Aviation Aerospace

16  Alliance.

17         (d)  A representative of the Florida Space Business

18  Roundtable.

19         (e)  Additional private-sector representatives from the

20  space industry selected collaboratively by the core members

21  specified in paragraphs (a)-(d). The additional space industry

22  representatives under this paragraph must comprise the

23  majority of members of the board and must be from geographic

24  regions throughout the state.

25         (f)  Two representatives from the educational community

26  who are selected collaboratively by the core members specified

27  in paragraphs (a)-(d) and who are engaged in research or

28  instruction related to the space industry. One representative

29  must be from a community college and one representative must

30  be from a public or private university.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  Annually, the members of the board shall select one of the

 2  members to serve as chair, who shall be responsible for

 3  convening and leading meetings of the board. representatives

 4  of the Spaceport Florida Authority, Enterprise Florida, Inc.,

 5  the Florida Aviation and Aerospace Alliance, and four

 6  additional space industry representatives selected by the core

 7  membership of the board.

 8         (3)  The board of the Florida Space Research Institute

 9  shall:

10         (a)  Set the strategic direction for the space-related

11  institute, including research priorities of the state and its

12  space-related businesses, the scope of research projects for

13  the institute, and the timeframes for completion.

14         (b)  Invite the participation of public and private

15  universities, including, but not limited to, the University of

16  Central Florida, the University of Florida, the University of

17  South Florida, Florida State University, Florida Institute of

18  Technology, and the University of Miami.

19         (c)  Select a lead university to:

20         1.  Serve as coordinator of research and as the

21  administrative entity of the institute;.

22         2.  Support the institute's development of a statewide

23  space research agenda and programs; and

24         3.  Develop, and update as necessary, a report

25  recommending ways that the state's public and private

26  universities can work in partnership to support the state's

27  space-industry requirements, which report must be completed by

28  December 15, 2000.

29         (d)  Establish a partnership with the state Workforce

30  Development Board, or its successor entity, under which the

31  institute coordinates the workforce-training requirements

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  identified by the space industry and supports development of

 2  workforce-training initiatives to meet such requirements,

 3  using training providers approved by the board or its

 4  successor entity.

 5         (e)  Co-manage, with the National Aeronautics and Space

 6  Administration, operation of a Space Experiment Research and

 7  Processing Laboratory, if such a facility is constructed on

 8  land of the John F. Kennedy Space Center. Subject to the terms

 9  of an agreement with the National Aeronautics and Space

10  Administration (NASA), the institute may coordinate access for

11  public and private universities in the state to the laboratory

12  and may coordinate access for NASA to the off-site resources

13  of such universities.

14         (f)  Develop initiatives to foster the participation of

15  the state's space industry in the International Space Station

16  and to help the state maintain and enhance its competitive

17  position in the commercial space-transportation industry.

18         (g)  Pursue partnerships with the National Aeronautics

19  and Space Administration to coordinate and conduct research in

20  fields, including, but not limited to, environmental

21  monitoring; agriculture; aquatics; resource reutilization

22  technologies for long-duration space missions; and spaceport

23  technologies which support current or next-generation launch

24  vehicles and range systems.

25         (h)  Pursue partnerships with the National Aeronautics

26  and Space Administration for the conduct of space-related

27  research using computer technology to connect experts in a

28  given field of science who are in disparate locations and to

29  perform research experiments in a real-time, virtual

30  environment.

31         (4)  By December 15 1 of each year, the institute shall

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  submit a report of its activities and accomplishments for the

 2  prior fiscal year to the Governor, the President of the

 3  Senate, and the Speaker of the House of Representatives. The

 4  report shall also include recommendations regarding actions

 5  the state should take to enhance the development of

 6  space-related businesses, including:

 7         (a)  Future research activities.

 8         (b)  The development of capital and technology

 9  assistance to new and expanding industries.

10         (c)  The removal of regulatory impediments.

11         (d)  The establishment of business development

12  incentives.

13         (e)  The initiation of education and training programs

14  to ensure a skilled workforce.

15         Section 83.  Space Industry Workforce Initiative.--

16         (1)  The Legislature finds that the space industry is

17  critical to the economic future of the state and that the

18  competitiveness of the industry in the state depends upon the

19  development and maintenance of a qualified workforce. The

20  Legislature further finds that the space industry in this

21  state has diverse and complex workforce needs, including, but

22  not limited to, the need for qualified entry-level workers,

23  the need to upgrade the skills of technician-level incumbent

24  workers, and the need to ensure continuing education

25  opportunities for workers with advanced educational degrees.

26  It is the intent of the Legislature to support programs

27  designed to address the workforce development needs of the

28  space industry in this state.

29         (2)  The Workforce Development Board of Enterprise

30  Florida, Inc., or it successor entity, shall coordinate

31  development of a Space Industry Workforce Initiative in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1  partnership with the Florida Space Research Institute, the

 2  institute's consortium of public and private universities,

 3  community colleges, and other training providers approved by

 4  the board. The purpose of the initiative is to use or revise

 5  existing programs and to develop innovative new programs to

 6  address the workforce needs of the space industry.

 7         (3)  The initiative shall emphasize:

 8         (a)  Curricula content and timeframes developed with

 9  industry participation and endorsed by the industry;

10         (b)  Programs that certify persons completing training

11  as meeting industry-approved standards or competencies;

12         (c)  Use of distance-learning and computer-based

13  training modules as appropriate and feasible;

14         (d)  Industry solicitation of public and private

15  universities to develop continuing education programs at the

16  master's and doctoral levels;

17         (e)  Agreements with the National Aeronautics and Space

18  Administration to replicate on a national level successful

19  training programs developed through the initiative; and

20         (f)  Leveraging of state and federal workforce funds.

21         (4)  The Workforce Development Board of Enterprise

22  Florida, Inc., or its successor entity, with the assistance of

23  the Florida Space Research Institute, shall convene

24  representatives from the space industry to identify the

25  priority training and education needs of the industry and to

26  appoint a team to design programs to meet such priority needs.

27         (5)  The Workforce Development Board of Enterprise

28  Florida, Inc., or its successor entity, as part of its

29  statutorily prescribed annual report to the Legislature, shall

30  provide recommendations for policies, programs, and funding to

31  enhance the workforce needs of the space industry.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         Section 84.  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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         Section 85.  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 86.  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 87.  (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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 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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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         (d)  Raise public awareness of the importance of basic

 2  scientific research to the future of the state.

 3         (3)  The commission shall use the resources of the

 4  state in implementing the work of the commission, including,

 5  but not limited to, the Institute for Science and Health

 6  Policy at the University of Florida and similar public and

 7  private research groups. The commission shall coordinate with,

 8  and not duplicate the efforts of, other scientific

 9  research-related organizations.

10         (4)  The commission shall consult with Enterprise

11  Florida, Inc., to ensure that economic development

12  considerations are factored into the work of the commission.

13         (5)  The commission shall be located in the Executive

14  Office of the Governor and staff of the office shall serve as

15  staff for the commission.

16         (6)  Members of the commission shall serve without

17  compensation but will be entitled to per diem and travel

18  expenses pursuant to section 112.061, Florida Statutes, while

19  in the performance of their duties.

20         (7)  The commission may procure information and

21  assistance from any officer or agency of the state or any

22  subdivision thereof. All such officials and agencies shall

23  give the commission all relevant information and assistance on

24  any matter within their knowledge or control.

25         (8)  By February 1 of each year, the commission shall

26  submit a report to the Governor, the President of the Senate,

27  and the Speaker of the House of Representatives. The report

28  shall outline activities of the commission and provide

29  specific recommendations for consideration by the Governor and

30  Legislature which are designed to increase the state's share

31  of scientific research dollars.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         Section 88.  Section 288.039 and paragraph (c) of

 2  subsection (3) of section 288.095, Florida Statutes, are

 3  repealed.

 4

 5  (Redesignate subsequent sections.)

 6

 7

 8  ================ T I T L E   A M E N D M E N T ===============

 9  And the title is amended as follows:

10         On page 3, line 15, after the semicolon

11

12  insert:

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

14         administrative responsibility of the Office of

15         Tourism, Trade, and Economic Development for

16         the sports franchise facility program, the

17         professional golf hall of fame facility

18         program, the Regional Rural Development Grants

19         Program, the Florida Enterprise Zone Act, and

20         the Florida State Rural Development Council;

21         eliminating authority for the Office of

22         Tourism, Trade, and Economic Development to

23         enter into contracts in connection with duties

24         relating to the Florida First Business Bond

25         Pool, the Enterprise Zone Program, and foreign

26         offices; conforming terminology; requiring a

27         report on activities funded under the Economic

28         Development Incentives Account and the Economic

29         Development Transportation Trust Fund;

30         providing for Front Porch Florida requirements;

31         directing the Office of Urban Opportunity to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         give priority to projects receiving certain

 2         federal grants; amending s. 163.2523, F.S.;

 3         providing allocation criteria for the Urban

 4         Infill and Redevelopment Grant Program;

 5         amending s. 420.5087, F.S.; providing

 6         allocation criteria for the State Apartment

 7         Incentive Loan Program; amending s. 420.5089,

 8         F.S.; providing allocation criteria for the

 9         HOME Investment Partnership Program; amending

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

11         projects in the State Housing Tax Credit

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

13         priority to certain projects in the allocation

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

15         159.705, F.S.; specifying that projects located

16         in research and development parks may be

17         operated by specified organizations; amending

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

19         Florida, Inc., to recommend Florida First

20         Business projects to the Office of Tourism,

21         Trade, and Economic Development; providing for

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

23         exempting certain activities from the term

24         "development" for the purposes of the Local

25         Government Comprehensive Planning and Land

26         Development Regulation Act; amending s. 212.08,

27         F.S.; revising an exemption from taxation for

28         machinery and equipment used in

29         silicon-technology production and research and

30         development; making the exemption applicable to

31         semiconductor-technology production and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         research and development; providing an

 2         exemption from taxation for building materials

 3         purchased for use in manufacturing or expanding

 4         clean rooms for semiconductor-manufacturing

 5         facilities; revising definitions; revising

 6         criteria and procedures; specifying that a

 7         sales tax exemption for certain repair and

 8         labor charges applies to industrial machinery

 9         and equipment used in the production and

10         shipping of tangible personal property;

11         applying the exemption to SIC Industry Major

12         Group Number 35; specifying that the sales tax

13         exemption for industries in such group number

14         is remedial in nature and applies

15         retroactively; amending ss. 212.097, 212.098,

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

17         "eligible business" under the Urban High-Crime

18         Area Job Tax Credit Program and Rural Job Tax

19         Credit Program to include certain businesses

20         involved in motion picture production and

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

22         expanding conditions under which the Department

23         of Environmental Protection and water

24         management districts shall reduce or waive

25         certain fees for counties or municipalities;

26         conforming to the definition of the term "rural

27         community" used elsewhere in the Florida

28         Statutes; amending s. 288.012, F.S.; revising

29         the authority of the Office of Tourism, Trade,

30         and Economic Development to establish foreign

31         offices; providing for the office to approve

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         the establishment and operation of such offices

 2         by Enterprise Florida, Inc., and the Florida

 3         Commission on Tourism; providing for foreign

 4         offices to submit updated operating plans and

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

 6         providing for Enterprise Florida, Inc., to

 7         administer the Regional Rural Development

 8         Grants Program and make recommendations for

 9         approval by the Office of Tourism, Trade, and

10         Economic Development; creating s. 288.064,

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

12         to provide for efficient and effective delivery

13         of assistance to rural communities; amending s.

14         288.0655, F.S.; revising deadlines relating to

15         implementation of the Rural Infrastructure

16         Fund; amending s. 288.0656, F.S.; revising

17         criteria for the Rural Economic Development

18         Initiative; requiring certain communities to

19         apply for rural designation; amending s.

20         288.1088, F.S.; revising criteria and

21         procedures related to the award of funds to

22         certain target industries from the Quick Action

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

24         providing for a specified direct-support

25         organization to administer the professional

26         sports franchises and spring training

27         franchises facilities programs; providing for

28         final approval of decisions under such programs

29         by the Office of Tourism, Trade, and Economic

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

31         deleting obsolete provisions relating to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         certification of the professional golf hall of

 2         fame; providing for a specified direct-support

 3         organization to administer that program;

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

 5         specified direct-support organization to

 6         administer the certification program for the

 7         International Game Fish Association World

 8         Center facility; providing for annual

 9         verification of attendance and sales tax

10         revenue projections; transferring, renumbering,

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

12         administrative responsibility for the Recycling

13         Markets Advisory Committee to the Department of

14         Environmental Protection; amending s. 288.1223,

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

16         person to serve on the Florida Commission on

17         Tourism and as the chair of the commission;

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

19         appointment of the president of the Florida

20         Tourism Industry Marketing Corporation and

21         specifying that the president serves at the

22         pleasure of the Governor; limiting certain

23         employee salaries unless such employees are

24         covered by a performance contract; amending s.

25         288.1229, F.S.; requiring an annual report on

26         the status of specified sports projects;

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

28         of the Film Commissioner the Governor's Office

29         of Film and Entertainment; renaming the Film

30         Commissioner as the Commissioner of Film and

31         Entertainment; authorizing receipt and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         expenditure of certain grants and donations;

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

 3         Florida Film Advisory Council the Florida Film

 4         and Entertainment Advisory Council; amending s.

 5         288.1253, F.S., relating to travel and

 6         entertainment expenses; conforming terminology;

 7         amending s. 288.7011, F.S.; revising conditions

 8         under which certain assistance and support for

 9         a statewide certified development corporation

10         shall cease; amending s. 288.901, F.S.;

11         correcting a cross-reference; providing that

12         the Governor's designee may serve as

13         chairperson of the board of directors of

14         Enterprise Florida, Inc.; amending s. 288.9015,

15         F.S.; requiring Enterprise Florida, Inc., to

16         use specified programs to facilitate economic

17         development; amending s. 288.980, F.S.;

18         providing for Enterprise Florida, Inc., to

19         administer defense grant programs and make

20         recommendations to the Office of Tourism,

21         Trade, and Economic Development on approval of

22         grant awards; providing that certain

23         defense-related grants may be awarded only from

24         specifically appropriated funds; amending s.

25         288.99, F.S.; assigning certain responsibility

26         for ongoing administration of the Certified

27         Capital Company Act to the Department of

28         Banking and Finance; authorizing additional

29         applications for certification as a certified

30         capital company; amending s. 290.004, F.S.;

31         repealing certain definitions under the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         enterprise zone program; defining the term

 2         "rural enterprise zone"; amending s. 290.0056,

 3         F.S.; providing for a reporting requirement for

 4         enterprise zone development agencies to

 5         Enterprise Florida, Inc.; amending s. 290.0058,

 6         F.S.; conforming to administration of the

 7         enterprise zone program by Enterprise Florida,

 8         Inc.; amending s. 290.0065, F.S.; providing for

 9         Enterprise Florida, Inc., to administer the

10         enterprise zone program and make

11         recommendations to the Office of Tourism,

12         Trade, and Economic Development; conforming

13         references; amending s. 290.0066, F.S.;

14         providing for Enterprise Florida, Inc., to make

15         recommendations to the Office of Tourism,

16         Trade, and Economic Development regarding

17         revocations of enterprise zone designations;

18         amending s. 290.00675, F.S.; providing for

19         Enterprise Florida, Inc., to make

20         recommendations to the Office of Tourism,

21         Trade, and Economic Development regarding

22         amendment of enterprise zone boundaries;

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

24         Office of Tourism, Trade, and Economic

25         Development to amend the boundaries of a rural

26         enterprise zone and providing requirements with

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

28         modifying the employee residency requirements

29         for the enterprise zone job credit against the

30         sales tax and corporate income tax if the

31         business is located in a rural enterprise zone;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         modifying the employee residency requirements

 2         for maximum exemptions or credits with respect

 3         to the sales tax credits for enterprise zone

 4         job creation, for building materials used in

 5         the rehabilitation of real property in an

 6         enterprise zone, for business property used in

 7         an enterprise zone, and for electrical energy

 8         used in an enterprise zone, and the corporate

 9         income tax enterprise zone job creation and

10         property tax credits if the business is located

11         in a rural enterprise zone; providing

12         application time limitations; providing an

13         extended application period for certain

14         businesses to claim tax incentives; amending s.

15         290.00689, F.S.; conforming a cross-reference;

16         revising the eligibility criteria for certain

17         tax credits to include a review and

18         recommendation by Enterprise Florida, Inc.;

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

20         Office of Tourism, Trade, and Economic

21         Development to designate rural champion

22         communities as enterprise zones; providing

23         requirements with respect thereto; amending s.

24         290.009, F.S.; specifying that Enterprise

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

26         Enterprise Zone Interagency Coordinating

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

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

29         eliminating a limitation on the number of

30         economic development grants that an eligible

31         local government may receive under the Florida

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         Small Cities Community Development Block Grant

 2         Program; specifying that cumulative grant

 3         awards may not exceed certain ceilings;

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

 5         Department of Community Affairs to establish

 6         advisory committees relating to the Florida

 7         Small Cities Community Development Block Grant

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

 9         to the Community Development Block Grant

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

11         removing the director of the Office of Tourism,

12         Trade, and Economic Development from the

13         membership of the Miami-Dade County Lake Belt

14         Plan Implementation Committee; authorizing the

15         Institute of Food and Agricultural Sciences to

16         contract and receive money to support the

17         Florida State Rural Development Council;

18         requiring the Workforce Development Board of

19         Enterprise Florida, Inc., to develop a policy

20         authorizing placement of certain

21         workforce-training clients in self-employment

22         as a means of job placement; directing the

23         Office of Tourism, Trade, and Economic

24         Development and Enterprise Florida, Inc., to

25         establish a unit responsible for forecasting

26         and responding to certain economic development

27         events; creating an Economic Development

28         Leadership Council to provide leadership

29         related to such events; requiring a report and

30         recommendations; providing legislative intent;

31         providing for creation and purpose of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         Toolkit for Economic Development; defining the

 2         term "economically distressed"; requiring the

 3         appointment of liaisons from agencies and

 4         organizations; providing for requirements and

 5         duties; creating coordinating partners to serve

 6         as the program's executive committee; providing

 7         for duties and powers; providing for waivers of

 8         state-required matching-funds requirements;

 9         requiring an inventory of programs that help

10         economically distressed communities; requiring

11         that the inventory be categorized; creating the

12         Start-Up Initiative to promote the use of the

13         inventory; providing for identification of

14         communities; providing for solicitation of

15         proposals; providing for proposal content;

16         providing for review process and evaluation

17         criteria; providing for funding; providing for

18         the designation of communities of critical

19         economic opportunity; providing an

20         appropriation to the coordinating partners;

21         providing for use of funds and certification;

22         providing for reporting; providing for

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

24         creating the Front Porch Florida initiative;

25         providing legislative intent; providing for

26         purposes and principles of the program;

27         creating liaisons to Front Porch Florida

28         communities; providing for liaison requirements

29         and duties; providing for use of the inventory

30         of federal and state resources; providing for

31         application requirements; providing for the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         formation of a Governor's Revitalization

 2         Council; providing for duties; providing for

 3         monitoring and reporting; creating s. 239.521,

 4         F.S.; providing intent; providing for

 5         development of a 2-year vocational and

 6         technical distance-learning curriculum for

 7         information-technology workers; providing for

 8         internship opportunities for high school and

 9         postsecondary information-technology vocational

10         faculty and students in information-technology

11         businesses; providing a means for increasing

12         the capability and accessibility of

13         information-technology-training providers

14         through state-of-the-art facilities; amending

15         s. 240.311, F.S.; requiring the State Board of

16         Community Colleges to identify training

17         programs for broadband digital media

18         specialists; requiring that such programs be

19         added to lists for demand occupations under

20         certain circumstances; amending s. 240.3341,

21         F.S.; encouraging community colleges to

22         establish incubator facilities for digital

23         media content and technology development;

24         creating s. 240.710, F.S.; requiring the Board

25         of Regents to create a Digital Media Education

26         Coordination Group; providing membership;

27         providing purposes; requiring development of a

28         plan; requiring submission of plans to the

29         Legislature; requiring the Workforce

30         Development Board to reserve funds for digital

31         media industry training; providing direction on

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         training; requiring the Workforce Development

 2         Board to develop a plan for the use of certain

 3         funds to enhance workforce of digital media

 4         related industries; providing direction on plan

 5         development; providing a contingent

 6         appropriation to the Digital Media Education

 7         Infrastructure Fund; providing requirements for

 8         contracting and use of funds; requiring

 9         Enterprise Florida, Inc., to convene a

10         broadband digital media industries group;

11         requiring identification, designation, and

12         priority of digital media sector in sector

13         strategy; requiring Enterprise Florida, Inc.,

14         to contract for establishment of digital media

15         incubator; providing contract requirements;

16         providing an appropriation; requiring industry

17         participation in funding; providing direction

18         for incubator location; requiring ITFlorida, in

19         cooperation with Enterprise Florida, Inc., to

20         prepare a marketing plan promoting the state to

21         digital media industries; providing that

22         certain provisions relating to digital media

23         are subject to legislative appropriation;

24         amending s. 331.367, F.S.; revising provisions

25         with respect to the Spaceport Management

26         Council; directing the council to submit

27         recommendations; providing for the

28         participation of federal officials; amending s.

29         331.368, F.S.; expanding the purpose of the

30         Florida Space Research Institute; revising the

31         membership of the institute; prescribing

                                 156
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         additional duties of the institute; creating

 2         the Space Industry Workforce Initiative;

 3         requiring the Workforce Development Board of

 4         Enterprise Florida, Inc., to develop

 5         initiatives to address the workforce needs of

 6         the industry; prescribing criteria; requiring

 7         the board to convene industry representatives;

 8         requiring a report; creating s. 331.3685, F.S.;

 9         creating the Florida Space-Industry

10         Research-Development Program to finance

11         space-related research projects and programs;

12         providing for certain sales-tax collections to

13         be retained by the Kennedy Space Center Visitor

14         Complex and distributed to the Florida Space

15         Research Institute; prescribing uses of such

16         funds; requiring an annual accounting of such

17         funds; providing for review of funding

18         proposals by the Office of Tourism, Trade, and

19         Economic Development; requiring a contract with

20         the office governing distribution of funds

21         under the program; amending s. 212.08, F.S.;

22         providing for sales-tax collections from the

23         Kennedy Space Center Visitor Complex to be

24         retained by the complex and distributed to the

25         Florida Space Research Institute; providing for

26         reporting of sales to the Department of Revenue

27         as prescribed by rules; amending s. 556.108,

28         F.S.; providing for performing the demolition

29         or excavation of single-family residential

30         property; creating the Commission on Basic

31         Research for the Future of Florida; prescribing

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for CS for SB 406, 1st Eng.

    Amendment No.    





 1         membership of the commission; providing a

 2         purpose for the commission; requiring the use

 3         of state resources; providing for staffing,

 4         administration, and information sharing;

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

 6         relating to the Employing and Training our

 7         Youths (ENTRY) program; repealing s.

 8         288.095(3)(c), F.S., relating to a required

 9         report on activities under the Economic

10         Development Incentives Account of the Economic

11         Development Trust Fund;

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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