Senate Bill sb2492e1

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    CS for SB 2492                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to economic development;

  3         reenacting and amending s. 288.9515, F.S.;

  4         revising and clarifying powers of Enterprise

  5         Florida, Inc., to develop authorized technology

  6         development programs; deleting a preference

  7         requirement for contractor selections;

  8         clarifying a requirement for capitalization of

  9         a technology development financing fund;

10         revising criteria and requirements for

11         investment of moneys in the Florida Technology

12         Research Investment Fund; providing for payment

13         of certain claims from the fund; specifying

14         nonapplication of state credit or taxing power;

15         specifying absence of state liability for

16         certain claims; directing Enterprise Florida,

17         Inc., to facilitate the formation of an

18         entrepreneurship strategy; repealing s.

19         288.9517, F.S., relating to audits of the

20         technology development board and

21         confidentiality of the identity of certain

22         contributors to the board; repealing s. 14, ch.

23         93-187, Laws of Florida, relating to the future

24         repeal and review by the Legislature of

25         statutes governing certain technology

26         development programs of Enterprise Florida,

27         Inc.; creating s. 1004.447, F.S.; establishing

28         the Florida Institute for Human and Machine

29         Cognition, Inc., at the University of West

30         Florida as a not-for-profit corporation;

31         providing that the corporation shall act as an


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    CS for SB 2492                                 First Engrossed



 1         instrumentality of the state; authorizing the

 2         creation of subsidiaries by the corporation;

 3         providing for articles of incorporation;

 4         providing powers of the corporation;

 5         authorizing contracts without competitive

 6         bidding; providing for a board of directors;

 7         providing for an affiliation agreement;

 8         providing for an annual postaudit report;

 9         authorizing the corporation to secure liability

10         protection; providing for assumption of

11         responsibilities of the corporation by the

12         University of West Florida under certain

13         circumstances; providing for administration of

14         the institute by a chief executive officer and

15         providing duties; requiring appointment of a

16         council of scientific advisers and providing

17         duties; providing that the corporation and its

18         subsidiaries are not agencies for certain

19         purposes; authorizing additional affiliation

20         agreements; amending s. 471.031, F.S.;

21         providing that certain persons are exempt from

22         the prohibitions of the section, relating to

23         the engineering law, under specified

24         circumstances; revising provisions governing

25         the use of certain engineering titles;

26         providing for expiration of such provisions;

27         amending s. 220.191, F.S.; redefining the term

28         "qualifying project" for purposes of capital

29         investment tax credits; amending s. 288.1045,

30         F.S.; revising the definition of "Department of

31         Defense contract" under the tax refund program


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    CS for SB 2492                                 First Engrossed



 1         for qualified defense contractors; extending

 2         the period applicable to a program exemption

 3         under certain conditions; amending s. 288.106,

 4         F.S.; providing for special consideration to be

 5         given to defense and homeland security under

 6         the tax refund program for qualified target

 7         industry businesses; extending the period

 8         applicable to a program exemption under certain

 9         conditions; amending s. 288.1088, F.S.;

10         revising requirements and providing powers of

11         the Governor with respect to using funds in the

12         Quick Action Closing Fund; amending s.

13         1004.225, F.S.; removing historical provisions;

14         conforming changes; providing for the

15         designation of an additional center of

16         excellence; providing application, evaluation,

17         and designation procedures; extending the

18         expiration of the Florida Technology

19         Development Act; providing an appropriation;

20         repealing proviso in chapter 2002-394, L.O.F.,

21         relating to the requirement for approval of an

22         expenditure plan prior to release of

23         appropriations for funding University Centers

24         of Excellence; amending s. 445.048, F.S.;

25         continuing, expanding, and revising the

26         Passport to Economic Progress demonstration

27         project; providing appropriations; amending s.

28         376.86, F.S.; revising certain restrictions on

29         investing funds maintained in the Nonmandatory

30         Land Reclamation Trust Fund; providing for a

31         schedule for legislative review of the


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    CS for SB 2492                                 First Engrossed



 1         Brownfield Areas Loan Guarantee Program;

 2         providing effective dates.

 3  

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

 5  

 6         Section 1.  Notwithstanding section 14 of chapter

 7  93-187, Laws of Florida, section 288.9515, Florida Statutes,

 8  shall not stand repealed on December 31, 2003, as scheduled by

 9  such law, but that section is reenacted and amended to read:

10         288.9515  Authorized technology development programs.--

11         (1)  Enterprise Florida, Inc., may create technology

12  development and applications services, and may serve as an

13  umbrella organization for the coordination of information that

14  provides technology applications service providers throughout

15  the state which provide critical, managerial, technological,

16  scientific, and related financial and business expertise

17  essential for international and domestic competitiveness to

18  small-sized and medium-sized manufacturing and knowledge-based

19  service firms. Enterprise Florida, Inc., is authorized the

20  following powers in order to carry out these functions:

21         (a)  Providing communication and coordination services

22  among technology development and applications service

23  providers throughout the state.

24         (b)  Providing coordinated marketing services to

25  small-sized and medium-sized manufacturers in the state on

26  behalf of, and in partnership with, technology applications

27  service providers.

28         (b)(c)  Securing additional sources of funds on behalf

29  of, and in partnership with, technology-based businesses

30  applications service providers.

31  


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    CS for SB 2492                                 First Engrossed



 1         (c)(d)  Developing plans and policies to assist

 2  small-sized and medium-sized manufacturing companies or other

 3  knowledge-based firms in Florida.

 4         (e)  Entering into contracts with technology

 5  applications service providers for expanded availability of

 6  high-quality assistance to small-sized and medium-sized

 7  manufacturing companies or knowledge-based service firms,

 8  including, but not limited to, technological, human resources

 9  development, market planning, finance, and interfirm

10  collaboration. Enterprise Florida, Inc., shall ensure that all

11  contracts in excess of $20,000 for the delivery of such

12  assistance to Florida firms shall be based on competitive

13  requests for proposals and shall establish clear standards for

14  the delivery of services under such contracts. Such standards

15  include, but are not limited to:

16         1.  The ability and capacity to deliver services in

17  sufficient quality and quantity.

18         2.  The ability and capacity to deliver services in a

19  timely manner.

20         3.  The ability and capacity to meet the needs of firms

21  in the proposed market area.

22         (d)(f)  Assisting other educational institutions,

23  enterprises, or the entities providing business assistance to

24  small-sized and medium-sized manufacturing and knowledge-based

25  services enterprises.

26         (g)  Establishing a system to evaluate the

27  effectiveness and efficiency of technology applications

28  services provided to small-sized and medium-sized enterprises.

29         (e)(h)  Establishing special education and

30  informational programs for Florida enterprises and for

31  


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    CS for SB 2492                                 First Engrossed



 1  educational institutions and enterprises providing business

 2  assistance to Florida enterprises.

 3         (f)(i)  Assisting in evaluating and documenting the

 4  needs of firms in this state for technology development and

 5  application services, and developing means to ensure that

 6  these needs are met, consistent with the powers provided for

 7  in this subsection.

 8         (g)(j)  Maintaining an office in such place or places

 9  as the board of directors of Enterprise Florida, Inc.,

10  approves.

11         (h)(k)  Making and executing contracts with any person,

12  enterprise, educational institution, association, or any other

13  entity necessary or convenient for the performance of its

14  duties and the exercise of the powers and functions of

15  Enterprise Florida, Inc., under this subsection.

16         (i)(l)  Receiving funds from any source to carry out

17  the purposes of providing technology development and

18  applications services, including, but not limited to, gifts or

19  grants from any department, agency, or instrumentality of the

20  United States or of the state, or any enterprise or person,

21  for any purpose consistent with the provisions of this

22  subsection.

23         (2)  When choosing contractors under this section,

24  preference shall be given to existing institutions,

25  organizations, and enterprises so long as these existing

26  institutions, organizations, and enterprises demonstrate the

27  ability to perform at standards established by Enterprise

28  Florida, Inc., under paragraph (1)(e). Neither the provisions

29  of ss. 288.9511-288.9517 nor the actions taken by Enterprise

30  Florida, Inc., under this section shall impair or hinder the

31  


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    CS for SB 2492                                 First Engrossed



 1  operations, performance, or resources of any existing

 2  institution, organization, or enterprise.

 3         (3)  Enterprise Florida, Inc., may create a technology

 4  development financing fund, to be called the Florida

 5  Technology Research Investment Fund. The fund shall increase

 6  technology development in this state by investing in

 7  technology development projects that have the potential to

 8  generate investment-grade technologies of importance to the

 9  state's economy as evidenced by the willingness of private

10  businesses to coinvest in such projects. Enterprise Florida,

11  Inc., may also demonstrate and develop effective approaches

12  to, and benefits of, commercially oriented research

13  collaborations between businesses, universities, and state and

14  federal agencies and organizations. Enterprise Florida, Inc.,

15  shall endeavor to maintain the fund as a self-supporting fund

16  once the fund is sufficiently capitalized under Enterprise

17  Florida, Inc., program guidelines as reflected in the minimum

18  funding report required in s. 288.9516. The technology

19  research investment projects may include, but are not limited

20  to:

21         (a)  Technology development projects expected to lead

22  to a specific investment-grade technology that is of

23  importance to industry in this state.

24         (b)  Technology development centers and facilities

25  expected to generate a stream of products and processes with

26  commercial application of importance to industry in this

27  state.

28         (c)  Technology development projects that have, or are

29  currently using, other federal or state funds such as federal

30  Small Business Innovation Research awards.

31  


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    CS for SB 2492                                 First Engrossed



 1         (4)  Enterprise Florida, Inc., shall invest moneys

 2  contained in the Florida Technology Research Investment Fund

 3  in technology application research or for technology

 4  development projects that have the potential for commercial

 5  market application. The partnership shall coordinate any

 6  investment in any space-related technology projects with the

 7  Florida Space Authority and the Technological Research and

 8  Development Authority.

 9         (a)  The investment of moneys contained in the Florida

10  Technology Research Investment Fund is limited to qualified

11  investments in qualified securities in which a private

12  enterprise in this state coinvests at least 40 percent of the

13  total project costs, in conjunction with other cash or noncash

14  investments from state educational institutions, state and

15  federal agencies, or other institutions.

16         (b)  All moneys in the Florida Technology Research

17  Investment Fund shall be continuously appropriated to the fund

18  and may be used for loan guarantees, letter of credit

19  guarantees, cash reserves for loan and letter of credit

20  guarantees, payments of claims pursuant to contracts for

21  guarantees, subordinated loans, loans with warrants, royalty

22  investments, equity investments, and For the purposes of this

23  fund, qualified securities include loans, loans convertible to

24  equity, equity, loans with warrants attached that are

25  beneficially owned by the board, royalty agreements, or any

26  other contractual arrangements through which the Florida

27  Technology Research Investment Fund receives an interest,

28  rights, return of funds, or other consideration, and may be

29  used for operations of the fund. All such uses of moneys in

30  the fund are qualified investments arrangement in which the

31  board is providing scientific and technological services to


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    CS for SB 2492                                 First Engrossed



 1  any federal, state, county, or municipal agency, or to any

 2  individual, corporation, enterprise, association, or any other

 3  entity involving technology development. Any claim against the

 4  fund or Enterprise Florida, Inc., relating to investment of

 5  moneys in the fund shall be paid solely from the fund. Neither

 6  the credit nor the taxing power of the state shall be pledged

 7  to secure the fund or moneys in the fund, other than from

 8  moneys appropriated or assigned to the fund, and the state

 9  shall not be liable or obligated in any way for any claims

10  against the fund or against Enterprise Florida, Inc.

11         (c)  Not more than $175,000 or 5 percent of the

12  revenues generated by investment of moneys contained in the

13  Florida Technology Research Investment Fund plus 5 percent of

14  the revenues generated by investments under the Florida Small

15  Business Technology Growth Program under s. 288.95155,

16  whichever is greater, may be used on an annual basis to pay

17  the combined operating expenses associated with operation of

18  the Florida Technology Research Investment Fund and the

19  Florida Small Business Technology Growth Program.

20         (d)  In the event of liquidation or dissolution of

21  Enterprise Florida, Inc., or the Florida Technology Research

22  Investment Fund, any rights or interests in a qualified

23  security or portion of a qualified security purchased with

24  moneys invested by the State of Florida shall vest in the

25  state, under the control of the State Board of Administration.

26  The state is entitled to, in proportion to the amount of

27  investment in the fund by the state, any balance of funds

28  remaining in the Florida Technology Research Investment Fund

29  after payment of all debts and obligations upon liquidation or

30  dissolution of Enterprise Florida, Inc., or the fund.

31  


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    CS for SB 2492                                 First Engrossed



 1         (e)  The investment of funds contained in the Florida

 2  Technology Research Investment Fund does not constitute a

 3  debt, liability, or obligation of the State of Florida or of

 4  any political subdivision thereof, or a pledge of the faith

 5  and credit of the state or of any such political subdivision.

 6         (5)  Enterprise Florida, Inc., may create technology

 7  commercialization programs in partnership with private

 8  enterprises, educational institutions, and other institutions

 9  to increase the rate at which technologies with potential

10  commercial application are moved from university, public, and

11  industry laboratories into the marketplace. Such programs

12  shall be created based upon research to be conducted by

13  Enterprise Florida, Inc.

14         (6)  Enterprise Florida, Inc., shall coordinate with

15  local and regional economic development organizations to

16  facilitate a statewide entrepreneurship strategy to stimulate

17  the growth of start-up businesses and technology innovations

18  in this state. This strategy should include, but need not be

19  limited to, technology transfer coordination, university

20  linkages, entrepreneurial networks and training, and start-up

21  capital access, including the formation and growth of

22  individual and business networks that may be willing to invest

23  in start-up businesses in this state.

24         Section 2.  Section 288.9517, Florida Statutes, is

25  repealed.

26         Section 3.  Section 14 of chapter 93-187, Laws of

27  Florida, is repealed.

28         Section 4.  Section 1004.447, Florida Statutes, is

29  created to read:

30         1004.447  Florida Institute for Human and Machine

31  Cognition, Inc.--


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    CS for SB 2492                                 First Engrossed



 1         (1)(a)  There is created a not-for-profit corporation,

 2  to be known as the "Florida Institute for Human and Machine

 3  Cognition, Inc., which shall be registered, incorporated,

 4  organized, and operated in compliance with chapter 617. The

 5  Florida Institute for Human and Machine Cognition, Inc., is

 6  established at the University of West Florida.

 7         (b)  The corporation is authorized to create

 8  not-for-profit corporate subsidiaries that are organized under

 9  the provisions of chapter 617 upon the prior approval of the

10  Board of Governors, as necessary, to fulfill its mission.

11         (2)  The corporation and any authorized and approved

12  subsidiary:

13         (a)  Shall be a corporation primarily acting as an

14  instrumentality of the state, pursuant to s. 768.28(2), for

15  purposes of sovereign immunity.

16         (b)  Is not an agency within the meaning of s.

17  20.03(11).

18         (c)  Is subject to the open records and meeting

19  requirements of s. 24, Art. I of the State Constitution,

20  chapter 119, and s. 286.011.

21         (d)  May receive, hold, invest, and administer property

22  and any moneys acquired from private, local, state, and

23  federal sources, as well as technical and professional income

24  generated or derived from practice activities of the

25  institute, for the benefit of the institute and the

26  fulfillment of its mission.

27         (e)  May perform all things necessary to secure letters

28  of patent, copyrights, and trademarks on any work products and

29  to enforce its rights therein. The corporation must consider

30  contributions by a state university and university personnel

31  in the development of trademarks, copyrights, and patents and


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    CS for SB 2492                                 First Engrossed



 1  shall enter into written contracts establishing the interests

 2  of the university and such personnel in each trademark,

 3  copyright, or patent.

 4         (f)  May secure comprehensive general liability

 5  protection, including professional liability protection, for

 6  the not-for-profit corporation and its subsidiaries.

 7         (g)  May enter into affiliation agreements with other

 8  universities or research institutes.

 9         (h)  Is not subject to the provisions of chapter 287.

10         (3)  The officers, directors, and employees of the

11  corporation or any authorized and approved subsidiary shall be

12  governed by the code of ethics for public officers and

13  employees as set forth in part III of chapter 112.

14         (4)  The articles of incorporation of the corporation

15  or any authorized and approved subsidiary must be approved in

16  a written agreement by the Board of Governors. The agreement

17  and the articles of incorporation shall:

18         (a)  Provide that the corporation and any authorized

19  and approved subsidiary shall provide equal employment

20  opportunities for all persons regardless of race, color,

21  religion, gender, national origin, age, handicap, or marital

22  status.

23         (b)  Provide that the corporation and any authorized

24  and approved subsidiary are subject to the public records and

25  meeting requirements of s. 24, Art. I of the State

26  Constitution.

27         (c)  Provide that all officers, directors, and

28  employees of the corporation and any authorized and approved

29  subsidiary shall be governed by the code of ethics for public

30  officers and employees as set forth in part III of chapter

31  112.


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    CS for SB 2492                                 First Engrossed



 1         (d)  Provide that members of the board of directors of

 2  the corporation are responsible for the prudent use of all

 3  public and private funds and that they will ensure that the

 4  use of funds is in accordance with all applicable laws,

 5  bylaws, and contractual requirements.

 6         (e)  Provide that the fiscal year of the corporation

 7  and any authorized and approved subsidiary is from July 1 to

 8  June 30.

 9         (5)  The affairs of the corporation shall be managed by

10  a board of directors who shall serve without compensation.

11  Each director shall have only one vote.

12         (a)  The board of directors shall consist of:

13         1.  The chair of the Board of Governors or the chair s

14  designee.

15         2.  The chair of the Board of Trustees of the

16  University of West Florida or the chair s designee.

17         3.  The President of the University of West Florida or

18  the president s designee.

19         4.  Three state university representatives.

20         5.  Nine public representatives who are neither state

21  university employees nor state employees.

22         (b)  The Governor, the President of the Senate, and the

23  Speaker of the House of Representatives shall each make one

24  initial appointment of a state university representative to

25  the board of directors. Each director who is a representative

26  of a state university shall be appointed for an initial term

27  of 3 years. The Governor shall make three initial appointments

28  of public representatives to the board of directors. The

29  President of the Senate and the Speaker of the House of

30  Representatives shall each make two initial appointments of

31  public representatives to the board of directors. The chair of


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    CS for SB 2492                                 First Engrossed



 1  the Board of Trustees of the University of West Florida shall

 2  make two initial appointments of public representatives to the

 3  board of directors. Each director who is a representative of

 4  the public shall be appointed to serve an initial term of 2

 5  years.

 6         (c)  Upon the completion of the initial terms, a

 7  director appointed under paragraph (b) shall be appointed by a

 8  majority vote of the directors to an additional 3-year term.

 9         (d)  Any vacancy in office of a director appointed

10  under paragraph (b) shall be filled for the remainder of the

11  term by majority vote of the directors.

12         (e)  Any director may be reappointed by a majority vote

13  of the board of directors.

14         (f)  The chair of the board of directors shall be

15  selected by a majority vote of the directors, a quorum being

16  present.

17         (6)  No later than 30 days following approval of the

18  corporation s articles of incorporation by the Board of

19  Governors, the corporation shall enter into an affiliation

20  agreement with the Board of Trustees of the University of West

21  Florida for:

22         (a)  The use or mutual provision of or participation in

23  university programs or services, including use of The

24  university's moneys, facilities, furnishings, equipment, other

25  chattels, personnel, or services.

26         (b)  The use of facilities and personnel for mutually

27  approved teaching and research programs conducted by

28  universities or research institutes.

29         (c)  The preparation of an annual postaudit of the

30  corporation's financial accounts and the financial accounts of

31  any authorized and approved subsidiary to be conducted by an


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    CS for SB 2492                                 First Engrossed



 1  independent certified public accountant. The annual audit

 2  report shall include management letters and be submitted to

 3  the Auditor General and the Board of Governors for review.

 4         (d)  Use of the facilities of the University of West

 5  Florida, including all furnishings, equipment, and other

 6  chattels used in the operation of those facilities.

 7  

 8  If the agreement between the corporation and the Board of

 9  Trustees of the University of West Florida is terminated, all

10  property, including buildings, land, furnishings, equipment,

11  and other chattels originally leased to the corporation, as

12  well as any subsequently constructed or otherwise acquired

13  facilities in connection with the operation of the institute,

14  automatically reverts to full ownership by the University of

15  West Florida. Such a reversionary interest of the state in all

16  after-acquired facilities of the corporation is in furtherance

17  of the goals of this section, and such a present ownership

18  interest by the university is a continuing and insurable

19  public interest.

20         (7)  The corporation shall employ a chief executive

21  officer to administer the affairs of the Florida Institute for

22  Human and Machine Cognition, Inc. The chief executive officer

23  shall be appointed by and serve at the pleasure of the board

24  of directors. The chief executive officer shall exercise the

25  following powers and duties, subject to the approval of the

26  board of directors:

27         (a)  Establish programs that fulfill the mission of the

28  institute, as one of the nation's premier

29  information-technology-related research organizations, in

30  research, education, scientific advancement, and economic

31  development. However, the chief executive officer may not


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    CS for SB 2492                                 First Engrossed



 1  establish academic programs for which academic credit is

 2  awarded, or programs that culminate in the conferring of a

 3  degree, without prior approval of the University of West

 4  Florida.

 5         (b)  Control the budget and the moneys appropriated or

 6  donated to the institute from private, local, state, and

 7  federal sources, as well as technical and professional income

 8  generated or derived from research activities of the

 9  institute. However, income generated by university faculty

10  from research activities at the institute shall be shared

11  between the institute and the university, as determined by the

12  chief executive officer and the appropriate university

13  president or the president's designee.

14         (c)  Appoint representatives of the institute to carry

15  out the research and educational activities of the institute

16  and establish the compensation, benefits, and terms of service

17  of such representatives. Representatives may hold concurrent

18  appointments at affiliated academic institutions. University

19  faculty may hold concurrent appointments at the institute.

20         (d)  Control the use and assignment of space and

21  equipment within the facilities.

22         (e)  Create the administrative structure necessary to

23  carry out the mission of the institute.

24         (f)  Annually report in writing to the Commissioner of

25  Education on the activities of the institute and state budget

26  allocation expenditures.

27         (g)  Provide a copy of the institute's annual report to

28  the Governor, the President of the Senate, the Speaker of the

29  House of Representatives, the chair of the Board of Governors,

30  and the University of West Florida.

31  


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    CS for SB 2492                                 First Engrossed



 1         (h)  Appoint a council of scientific advisers to the

 2  chief executive officer comprised of leading researchers and

 3  scientists who shall review programs and recommend research

 4  priorities and initiatives to maximize the state's investment

 5  in the institute.

 6         1.  The board of directors shall ratify the

 7  appointments of scientific advisers to the council.

 8         2.  Each member of the council shall be appointed to

 9  serve a 2-year term and may be reappointed.

10         (8)  The Board of Governors, the Board of Trustees of

11  the University of West Florida, the Auditor General, and the

12  Office of Program Policy Analysis and Government

13  Accountability may require and receive from the corporation

14  and any subsidiary, or from their independent auditor, any

15  detail or supplemental data relative to the operation of the

16  corporation or subsidiary.

17         (9)  The Board of Trustees of the University of West

18  Florida shall annually certify to the Governor, the President

19  of the Senate, the Speaker of the House of Representatives,

20  and the Board of Governors that the corporation and its

21  authorized subsidiaries are complying with the requirements of

22  this section and are acting in the best interests of the

23  state.

24         Section 5.  The corporation created pursuant to section

25  1004.447(1), Florida Statutes, may enter into affiliation

26  agreements similar to the agreement described in section

27  1004.447(6), Florida Statutes, with the boards of trustees of

28  other public or private universities.

29         Section 6.  Subsections (3) and (4) are added to

30  section 471.031, Florida Statutes, to read:

31         471.031  Prohibitions; penalties.--


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    CS for SB 2492                                 First Engrossed



 1         (3)  The prohibitions of this section shall not apply

 2  to any employee or contractor of a sole proprietorship, firm,

 3  limited liability company, partnership, joint stock

 4  association, corporation, or other business entity that:

 5         (a)  Provides products, services, or a project, as

 6  defined in s. 288.1045(1)(i), to an agency or department of

 7  the United States, any agency or department of a state

 8  government, or the government of a foreign country which

 9  involves the design, development, production, sale, or

10  provision of defense or aerospace products or services;

11         (b)  Consists of or supports commercial aircraft and

12  the entity holds a certificate issued by the Federal Aviation

13  Administration under Chapter 21, Title 14, Code of Federal

14  Regulations;

15         (c)  Consists of space vehicles or space services that

16  are subject to licensing or regulation by an agency or

17  department of the United States under Title 14, 47 or 48 of

18  the Code of Federal Regulations, or for sale or use outside

19  the United States; or

20         (d)  Allows the use of the term "engineer" or

21  "engineering" in a job title or personnel classification of an

22  employee or contractor to the extent that the use of the title

23  or classification is related to activities described in this

24  subsection.

25  

26  This subsection expires July 1, 2004, unless reenacted by the

27  Legislature before that date.

28         (4)  Notwithstanding any other provision of this

29  chapter, a person who is not required to be licensed under s.

30  471.003(2) and who is employed by an entity not offering

31  engineering services to the public may use the title


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    CS for SB 2492                                 First Engrossed



 1  "engineer" or any title listed in paragraph (1)(b), except for

 2  the terms "professional engineer," "licensed engineer," or

 3  "registered engineer," if such use does not indicate that the

 4  person is licensed and authorized to practice engineering

 5  beyond the scope of the exemptions set forth in s. 471.003(2).

 6  This subsection expires July 1, 2004, unless reenacted by the

 7  Legislature before that date.

 8         Section 7.  Effective upon this act becoming a law,

 9  paragraph (h) of subsection (1) of section 220.191, Florida

10  Statutes, is amended to read:

11         220.191  Capital investment tax credit.--

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

13         (h)  "Qualifying project" means:

14         1.  A new or expanding facility in this state which

15  creates at least 100 new jobs in this state and is in one of

16  the high-impact sectors identified by Enterprise Florida,

17  Inc., and certified by the office pursuant to s. 288.108(6),

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

19  automotive, and silicon technology industries; or.

20         2.  A new financial services facility in this state

21  which creates at least 2,000 new jobs in this state, pays an

22  average annual wage of at least $50,000, and makes a capital

23  investment of at least $30 million. This subparagraph expires

24  June 30, 2004.

25         Section 8.  Paragraph (e) of subsection (1) and

26  paragraph (b) of subsection (4) of section 288.1045, Florida

27  Statutes, are amended to read:

28         288.1045  Qualified defense contractor tax refund

29  program.--

30         (1)  DEFINITIONS.--As used in this section:

31  


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    CS for SB 2492                                 First Engrossed



 1         (e)  "Department of Defense contract" means a

 2  competitively bid Department of Defense contract or

 3  subcontract or a competitively bid federal agency contract or

 4  subcontract issued on behalf of the Department of Defense for

 5  manufacturing, assembling, fabricating, research, development,

 6  or design with a duration of 2 or more years, but excluding

 7  any contract or subcontract to provide goods, improvements to

 8  real or tangible property, or services directly to or for any

 9  particular military base or installation in this state. The

10  term includes contracts or subcontracts for products or

11  services for military or homeland security use which contracts

12  or subcontracts are approved by the United States Department

13  of Defense, the United States Department of State, or the

14  United States Department of Homeland Security Coast Guard.

15         (4)  QUALIFIED DEFENSE CONTRACTOR TAX REFUND

16  AGREEMENT.--

17         (b)  Compliance with the terms and conditions of the

18  agreement is a condition precedent for receipt of tax refunds

19  each year. The failure to comply with the terms and conditions

20  of the agreement shall result in the loss of eligibility for

21  receipt of all tax refunds previously authorized pursuant to

22  this section, and the revocation of the certification as a

23  qualified applicant by the director, unless the qualified

24  applicant is eligible to receive and elects to accept a

25  prorated refund under paragraph (5)(g) or the office grants

26  the qualified applicant an economic-stimulus exemption.

27         1.  A qualified applicant may submit, in writing, a

28  request to the office for an economic-stimulus exemption. The

29  request must provide quantitative evidence demonstrating how

30  negative economic conditions in the qualified applicant's

31  industry, or specific acts of terrorism affecting the


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    CS for SB 2492                                 First Engrossed



 1  qualified applicant, have prevented the qualified applicant

 2  from complying with the terms and conditions of its tax refund

 3  agreement.

 4         2.  Upon receipt of a request under subparagraph 1.,

 5  the director shall have 45 days to notify the requesting

 6  qualified applicant, in writing, if its exemption has been

 7  granted or denied. In determining if an exemption should be

 8  granted, the director shall consider the extent to which

 9  negative economic conditions in the requesting qualified

10  applicant's industry, or specific acts of terrorism affecting

11  the qualified applicant, have prevented the qualified

12  applicant from complying with the terms and conditions of its

13  tax refund agreement.

14         3.  As a condition for receiving a prorated refund

15  under paragraph (5)(g) or an economic-stimulus exemption under

16  this paragraph, a qualified applicant must agree to

17  renegotiate its tax refund agreement with the office to, at a

18  minimum, ensure that the terms of the agreement comply with

19  current law and office procedures governing application for

20  and award of tax refunds. Upon approving the award of a

21  prorated refund or granting an economic-stimulus exemption,

22  the office shall renegotiate the tax refund agreement with the

23  qualified applicant as required by this subparagraph. When

24  amending the agreement of a qualified applicant receiving an

25  economic-stimulus exemption, the office may extend the

26  duration of the agreement for a period not to exceed 1 year.

27         4.  A qualified applicant may submit a request for an

28  economic-stimulus exemption to the office in lieu of any tax

29  refund claim scheduled to be submitted after January 1, 2001,

30  but before June 30, 2004 July 1, 2003. However, a qualified

31  


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    CS for SB 2492                                 First Engrossed



 1  applicant that has received at least one economic-stimulus

 2  exemption may not apply for an additional exemption.

 3         5.  A qualified applicant that receives an

 4  economic-stimulus exemption may not receive a tax refund for

 5  the period covered by the exemption.

 6         Section 9.  Paragraph (o) of subsection (1) and

 7  paragraph (b) of subsection (4) of section 288.106, Florida

 8  Statutes, are amended to read:

 9         288.106  Tax refund program for qualified target

10  industry businesses.--

11         (1)  DEFINITIONS.--As used in this section:

12         (o)  "Target industry business" means a corporate

13  headquarters business or any business that is engaged in one

14  of the target industries identified pursuant to the following

15  criteria developed by the office in consultation with

16  Enterprise Florida, Inc.:

17         1.  Future growth.--Industry forecasts should indicate

18  strong expectation for future growth in both employment and

19  output, according to the most recent available data.  Special

20  consideration should be given to Florida's growing access to

21  international markets or to replacing imports.

22         2.  Stability.--The industry should not be subject to

23  periodic layoffs, whether due to seasonality or sensitivity to

24  volatile economic variables such as weather.  The industry

25  should also be relatively resistant to recession, so that the

26  demand for products of this industry is not necessarily

27  subject to decline during an economic downturn.

28         3.  High wage.--The industry should pay relatively high

29  wages compared to statewide or area averages.

30  

31  


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    CS for SB 2492                                 First Engrossed



 1         4.  Market and resource independent.--The location of

 2  industry businesses should not be dependent on Florida markets

 3  or resources as indicated by industry analysis.

 4         5.  Industrial base diversification and

 5  strengthening.--The industry should contribute toward

 6  expanding or diversifying the state's or area's economic base,

 7  as indicated by analysis of employment and output shares

 8  compared to national and regional trends.  Special

 9  consideration should be given to industries that strengthen

10  regional economies by adding value to basic products or

11  building regional industrial clusters as indicated by industry

12  analysis. Special consideration also should be given to

13  developing strong industrial clusters, including defense and

14  homeland security.

15         6.  Economic benefits.--The industry should have strong

16  positive impacts on or benefits to the state and regional

17  economies.

18  

19  The office, in consultation with Enterprise Florida, Inc.,

20  shall develop a list of such target industries annually and

21  submit such list as part of the final agency legislative

22  budget request submitted pursuant to s. 216.023(1). A target

23  industry business may not include any industry engaged in

24  retail activities; any electrical utility company; any

25  phosphate or other solid minerals severance, mining, or

26  processing operation; any oil or gas exploration or production

27  operation; or any firm subject to regulation by the Division

28  of Hotels and Restaurants of the Department of Business and

29  Professional Regulation.

30         (4)  TAX REFUND AGREEMENT.--

31  


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    CS for SB 2492                                 First Engrossed



 1         (b)  Compliance with the terms and conditions of the

 2  agreement is a condition precedent for the receipt of a tax

 3  refund each year. The failure to comply with the terms and

 4  conditions of the tax refund agreement results in the loss of

 5  eligibility for receipt of all tax refunds previously

 6  authorized under this section and the revocation by the

 7  director of the certification of the business entity as a

 8  qualified target industry business, unless the business is

 9  eligible to receive and elects to accept a prorated refund

10  under paragraph (5)(d) or the office grants the business an

11  economic-stimulus exemption.

12         1.  A qualified target industry business may submit, in

13  writing, a request to the office for an economic-stimulus

14  exemption. The request must provide quantitative evidence

15  demonstrating how negative economic conditions in the

16  business's industry, or specific acts of terrorism affecting

17  the qualified target industry business, have prevented the

18  business from complying with the terms and conditions of its

19  tax refund agreement.

20         2.  Upon receipt of a request under subparagraph 1.,

21  the director shall have 45 days to notify the requesting

22  business, in writing, if its exemption has been granted or

23  denied. In determining if an exemption should be granted, the

24  director shall consider the extent to which negative economic

25  conditions in the requesting business's industry, or specific

26  acts of terrorism affecting the qualified target industry

27  business, have prevented the business from complying with the

28  terms and conditions of its tax refund agreement.

29         3.  As a condition for receiving a prorated refund

30  under paragraph (5)(d) or an economic-stimulus exemption under

31  this paragraph, a qualified target industry business must


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    CS for SB 2492                                 First Engrossed



 1  agree to renegotiate its tax refund agreement with the office

 2  to, at a minimum, ensure that the terms of the agreement

 3  comply with current law and office procedures governing

 4  application for and award of tax refunds. Upon approving the

 5  award of a prorated refund or granting an economic-stimulus

 6  exemption, the office shall renegotiate the tax refund

 7  agreement with the business as required by this subparagraph.

 8  When amending the agreement of a business receiving an

 9  economic-stimulus exemption, the office may extend the

10  duration of the agreement for a period not to exceed 1 year.

11         4.  A qualified target industry business may submit a

12  request for an economic-stimulus exemption to the office in

13  lieu of any tax refund claim scheduled to be submitted after

14  January 1, 2001, but before June 30, 2004 July 1, 2003.

15  However, a qualified target industry business that has

16  received at least one economic-stimulus exemption may not

17  apply for an additional exemption.

18         5.  A qualified target industry business that receives

19  an economic-stimulus exemption may not receive a tax refund

20  for the period covered by the exemption.

21         Section 10.  Effective upon this act becoming a law,

22  subsection (4) is added to section 288.1088, Florida Statutes,

23  to read:

24         288.1088  Quick Action Closing Fund.--

25         (4)  The Governor may, in an emergency or special

26  circumstance and with the approval of the President of the

27  Senate and the Speaker of the House of Representatives,

28  reallocate unencumbered funds appropriated to the Quick Action

29  Closing Fund to supplement statutorily created economic

30  development programs and operations. The Executive Office of

31  the Governor shall recommend approval of the transfer and


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    CS for SB 2492                                 First Engrossed



 1  release of funds pursuant to the legislative consultation and

 2  review requirements set forth in s. 216.177.

 3         Section 11.  Section 1004.225, Florida Statutes, is

 4  amended to read:

 5         1004.225  Florida Technology Development Act.--

 6         (1)  This section may be cited as the "Florida

 7  Technology Development Act."

 8         (2)  "Center of excellence," as used in this section,

 9  means an organization of personnel, facilities, and equipment

10  established at or in collaboration with one or more

11  universities in Florida to accomplish the purposes and

12  objectives of this section. The purposes and objectives of a

13  center of excellence include:

14         (a)  Identifying and pursuing opportunities for

15  university scholars, research center scientists and engineers,

16  and private businesses to form collaborative partnerships to

17  foster and promote the research required to develop

18  commercially promising, advanced, and innovative technologies

19  and to transfer those technologies to commercial sectors.

20         (b)  Acquiring and leveraging public and private sector

21  funding to provide the totality of funds, personnel,

22  facilities, equipment, and other resources needed to support

23  the research required to develop commercially promising,

24  advanced, and innovative technologies and to transfer those

25  technologies to commercial sectors.

26         (c)  Recruiting and retaining world class scholars,

27  high-performing students, and leading scientists and engineers

28  in technology disciplines to engage in research in this state

29  to develop commercially promising, advanced, and innovative

30  technologies.

31  


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    CS for SB 2492                                 First Engrossed



 1         (d)  Enhancing and expanding technology curricula and

 2  laboratory resources at universities and research centers in

 3  this state.

 4         (e)  Increasing the number of high-performing students

 5  in technology disciplines who graduate from universities in

 6  this state and pursue careers in this state.

 7         (f)  Stimulating and supporting the inception, growth,

 8  and diversification of technology-based businesses and

 9  ventures in Florida and increasing employment opportunities

10  for the workforce needed to support such businesses.

11         (3)  Subject to legislative appropriation, The Emerging

12  Technology Commission, or "commission," is created within the

13  Executive Office of the Governor to guide the establishment of

14  centers of excellence.

15         (a)  The commission shall consist of five regular

16  members appointed by the Governor, one of whom the Governor

17  shall appoint as chair of the commission; two regular members

18  appointed by the President of the Senate; two regular members

19  appointed by the Speaker of the House of Representatives;

20  before January 7, 2003, the Secretary of Education as an ex

21  officio nonvoting member; effective January 7, 2003, the

22  Commissioner of Education as an ex officio nonvoting member;

23  and, as ex officio nonvoting members, the member of the Senate

24  and the member of the House of Representatives who serve as

25  members of the Florida Research Consortium, Inc. The regular

26  members shall be business leaders, industrial researchers,

27  academic researchers, scientists, or engineers who have been

28  recognized as leaders in the state's emerging and advanced

29  technology sectors. Regular members must be appointed on or

30  before July 1, 2002.

31  


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    CS for SB 2492                                 First Engrossed



 1         (b)  Members of the commission shall serve without

 2  compensation but shall be entitled to receive per diem and

 3  travel expenses in accordance with s. 112.061 while in

 4  performance of their duties.

 5         (c)  The Executive Office of the Governor shall provide

 6  staff support for the activities of the commission and per

 7  diem and travel expenses for commission members.

 8         (4)  By August 1, 2002, Florida Research Consortium,

 9  Inc., shall provide a report to the commission which describes

10  in detail and prioritizes factors that contribute to the

11  success of the creation of centers of excellence. At a

12  minimum, the report should describe and prioritize the

13  following factors:

14         (a)  Maturity of existing university programs relating

15  to a proposed center of excellence.

16         (b)  Existing amount of university resources dedicated

17  to activities relating to a proposed center of excellence.

18         (c)  Comprehensiveness and effectiveness of site plans

19  relating to a proposed center of excellence.

20         (d)  Regional economic structure and climate.

21         (e)  The degree to which a university proposed to house

22  a center of excellence identifies and seizes opportunities to

23  collaborate with other public or private entities for research

24  purposes.

25         (f)  The presence of a comprehensive performance and

26  accountability measurement system.

27         (g)  The use of an integrated research and development

28  strategy utilizing multiple levels of the educational system.

29         (h)  The ability of a university proposed to house a

30  center of excellence to raise research funds and leverage

31  


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    CS for SB 2492                                 First Engrossed



 1  public and private investment dollars to support advanced and

 2  emerging technological research and development projects.

 3         (i)  The degree to which a university proposed to house

 4  a center of excellence transfers advanced and emerging

 5  technologies from its laboratories to the commercial sector.

 6         (j)  The degree to which a university proposed to house

 7  a center of excellence stimulates and supports new venture

 8  creation.

 9         (k)  The existence of a plan to enhance academic

10  curricula by improving communication between academia and

11  industry.

12         (l)  The existence of a plan to increase the number,

13  quality, and retention rate of faculty, graduate students, and

14  eminent scholars in advanced and emerging technology-based

15  disciplines.

16         (m)  The existence of a plan to increase the likelihood

17  of faculty, graduate students, and eminent scholars pursuing

18  private sector careers in the state.

19         (n)  Ability to provide capital facilities necessary to

20  support research and development.

21         (5)  By September 15, 2002, the commission shall

22  develop and approve criteria for evaluating proposals

23  submitted under this section subsection (6). When developing

24  such criteria, the commission shall consider the report

25  provided by Florida Research Consortium, Inc., under

26  subsection (4) and hold at least two public hearings, at times

27  and locations designated by the chair of the commission, for

28  the purpose of soliciting expert testimony. By October 1,

29  2002, the commission shall provide a list of such criteria to

30  each university in the State University System and to the

31  


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    CS for SB 2492                                 First Engrossed



 1  State Technology Office for publishing on the Internet within

 2  24 hours after the office's receipt of the list.

 3         (6)  Concurrent with the provision of the list of

 4  criteria to the universities, the commission shall notify each

 5  university, in writing, of the opportunity to submit to the

 6  commission written proposals for establishing one or more

 7  centers of excellence. Proposals must specifically address the

 8  evaluation criteria developed by the commission and delineate

 9  how funding would be used to develop one or more centers of

10  excellence. Proposals must be submitted to the commission by

11  December 1, 2002. Notwithstanding this deadline, the

12  commission, upon an affirmative vote of a majority of its

13  members, may accept a proposal submitted after the deadline.

14         (7)  By February 1, 2003, the commission shall submit

15  to the State Board of Education a minimum of two, but no more

16  than five, recommended plans for the establishment of one or

17  more centers of excellence in the state. Recommended plans

18  must specifically address the evaluation criteria developed by

19  the commission and delineate how funding would be used to

20  develop one or more centers of excellence. When developing

21  such recommended plans, the commission shall consider the

22  university proposals submitted under subsection (6) and hold

23  at least three public hearings, at times and locations

24  designated by the chair of the commission, for the purpose of

25  soliciting expert testimony including, but not limited to,

26  viewing presentations of university proposals.

27         (8)  By March 15, 2003, the State Board of Education

28  shall develop and approve a final plan for the establishment

29  of one or more centers of excellence in the state and

30  authorize expenditures for implementation of the plan. The

31  final plan must allocate at least $10 million to each center


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    CS for SB 2492                                 First Engrossed



 1  of excellence established by the plan. When developing this

 2  final plan, the board shall consider the commission's

 3  recommended plans submitted under subsection (7) and hold at

 4  least one public hearing for the purpose of soliciting expert

 5  testimony. The final plan must include performance and

 6  accountability measures that can be used to assess the

 7  progress of plan implementation and the success of the centers

 8  of excellence established under the final plan. By March 22,

 9  2003, the board shall provide a copy of the final plan to the

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

11  House of Representatives.

12         (9)  Beginning June 30, 2003, the commission shall

13  report quarterly, in writing, to the Commissioner of Education

14  on the progress of the implementation of the final plan

15  approved under subsection (8) and the success of the centers

16  of excellence established under that plan.

17         (10)(a)  Notwithstanding any provision in this section

18  to the contrary, and subject to appropriation by the

19  Legislature in the General Appropriations Act for fiscal year

20  2003-2004, the commission shall, by August 1, 2003, reissue

21  the list of criteria developed and approved under subsection

22  (5) to each university in the state and to the State

23  Technology Office for publishing on the Internet within 24

24  hours after the office's receipt of the list.

25         (b)  Concurrent with the provision of the list of

26  criteria under paragraph (a), the commission shall notify each

27  university, in writing, of the opportunity to submit to the

28  commission written proposals for establishing one center of

29  excellence under this subsection, which center shall be in

30  addition to any centers of excellence established under other

31  provisions of this section. Proposals must specifically


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    CS for SB 2492                                 First Engrossed



 1  address the evaluation criteria developed by the commission

 2  and delineate how funding would be used to develop the center

 3  of excellence. Proposals must be submitted to the commission

 4  before October 1, 2003.

 5         (c)  By December 1, 2003, the commission shall submit

 6  to the State Board of Education a recommended plan for the

 7  establishment of one center of excellence under this

 8  subsection. The recommended plan must specifically address the

 9  evaluation criteria developed by the commission and delineate

10  how funding would be used to develop the center of excellence.

11  When developing the recommended plan, the commission shall

12  consider the proposals submitted under this subsection and

13  hold at least two public hearings, at times and locations

14  designated by the chair of the commission, for the purpose of

15  soliciting expert testimony, including, but not limited to,

16  viewing presentations of university proposals.

17         (d)  By February 1, 2004, the State Board of Education

18  shall develop and approve a final plan for the establishment

19  of one center of excellence in the state under this subsection

20  and authorize expenditures for implementation of the plan. The

21  board shall consider the commission's recommended plan under

22  paragraph (c) and hold at least one public hearing for the

23  purpose of soliciting expert testimony. The final plan must

24  include performance and accountability measures that can be

25  used to assess the progress of plan implementation and the

26  success of the center of excellence established under the

27  final plan. By February 15, 2004, the board shall provide a

28  copy of the final plan to the Governor, the President of the

29  Senate, and the Speaker of the House of Representatives.

30         (e)  Beginning June 30, 2004, the commission shall

31  report quarterly, in writing, to the Commissioner of Education


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    CS for SB 2492                                 First Engrossed



 1  on the progress of the implementation of the final plan

 2  approved under paragraph (d) and the success of the center of

 3  excellence established under that plan.

 4         (11)(10)  This section expires July 1, 2005 2004.

 5         Section 12.  The sum of $50,000 is appropriated from

 6  the General Revenue Fund to the Executive Office of the

 7  Governor for the purpose of providing staff and administrative

 8  support to the Emerging Technology Commission and per diem and

 9  travel expenses for commission members during the 2003-2004

10  fiscal year.

11         Section 13.  Effective upon this act becoming a law,

12  the proviso immediately following Specific Appropriation 173A

13  of Chapter 2002-394, Laws of Florida, is repealed.

14         Section 14.  Section 445.048, Florida Statutes, is

15  amended to read:

16         445.048  Passport to Economic Progress demonstration

17  program.--

18         (1)  AUTHORIZATION.--Notwithstanding any law to the

19  contrary, Workforce Florida, Inc., in conjunction with the

20  Department of Children and Family Services and the Agency for

21  Workforce Innovation, shall implement a Passport to Economic

22  Progress demonstration program by November 1, 2001, consistent

23  with the provisions of this section in Hillsborough, and

24  Manatee, and Sarasota counties. Workforce Florida, Inc., must

25  consult with the applicable regional workforce boards and the

26  applicable local offices of the department which serve the

27  demonstration areas and must encourage community input into

28  the implementation process.

29         (2)  WAIVERS.--If Workforce Florida, Inc., in

30  consultation with the Department of Children and Family

31  Services, finds that federal waivers would facilitate


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    CS for SB 2492                                 First Engrossed



 1  implementation of the demonstration program, the department

 2  shall immediately request such waivers, and Workforce Florida,

 3  Inc., shall report to the Governor, the President of the

 4  Senate, and the Speaker of the House of Representatives if any

 5  refusal of the federal government to grant such waivers

 6  prevents the implementation of the demonstration program. If

 7  Workforce Florida, Inc., finds that federal waivers to

 8  provisions of the Food Stamp Program would facilitate

 9  implementation of the demonstration program, the Department of

10  Children and Family Services shall immediately request such

11  waivers in accordance with s. 414.175.

12         (3)  INCOME DISREGARD.--In order to provide an

13  additional incentive for employment, and notwithstanding the

14  amount specified in s. 414.095(12), for individuals residing

15  in the areas designated for this demonstration program, the

16  first $300 plus one-half of the remainder of earned income

17  shall be disregarded in determining eligibility for temporary

18  cash assistance. All other conditions and requirements of s.

19  414.095(12) shall continue to apply to such individuals.

20         (3)(4)  TRANSITIONAL BENEFITS AND SERVICES.--In order

21  to assist them in making the transition to economic

22  self-sufficiency, former recipients of temporary cash

23  assistance residing within the areas designated for this

24  demonstration program shall be eligible for the following

25  benefits and services:

26         (a)  Notwithstanding the time period specified in s.

27  445.030, transitional education and training support services

28  as specified in s. 445.030 for up to 4 years after the family

29  is no longer receiving temporary cash assistance;

30         (b)  Notwithstanding the time period specified in s.

31  445.031, transitional transportation support services as


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    CS for SB 2492                                 First Engrossed



 1  specified in s. 445.031 for up to 4 years after the family is

 2  no longer receiving temporary cash assistance; and

 3         (c)  Notwithstanding the time period specified in s.

 4  445.032, transitional child care as specified in s. 445.032

 5  for up to 4 years after the family is no longer receiving

 6  temporary cash assistance.

 7  

 8  All other provisions of ss. 445.030, 445.031, and 445.032

 9  shall apply to such individuals, as appropriate. This

10  subsection does not constitute an entitlement to transitional

11  benefits and services. If funds are insufficient to provide

12  benefits and services under this subsection, the board of

13  directors of Workforce Florida, Inc., may limit such benefits

14  and services or otherwise establish priorities for the

15  provisions of such benefits and services.

16         (4)  INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.--

17         (a)  The Legislature finds that:

18         1.  There are former recipients of temporary cash

19  assistance who are working full time but whose incomes are

20  below the poverty level.

21         2.  Having incomes below the federal poverty level

22  makes such individuals particularly vulnerable to reliance on

23  public assistance despite their best efforts to achieve or

24  maintain economic independence through employment.

25         3.  It is necessary to implement a performance-based

26  program that defines economic incentives for achieving

27  specific benchmarks toward self-sufficiency while the

28  individual is working full time.

29         (b)  Workforce Florida, Inc., in cooperation with the

30  Department of Children and Family Services and the Agency for

31  Workforce Innovation, shall offer performance-based incentive


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    CS for SB 2492                                 First Engrossed



 1  bonuses as a component of the Passport to Economic Progress

 2  demonstration program in the areas of the state which are

 3  designated for the demonstration program. The bonuses do not

 4  represent a program entitlement and shall be contingent on

 5  achieving specific benchmarks prescribed in the

 6  self-sufficiency plan. If the funds appropriated for this

 7  purpose are insufficient to provide this financial incentive,

 8  the board of directors of Workforce Florida, Inc., shall

 9  reduce or suspend the bonuses in order not to exceed the

10  appropriation.

11         (5)  WAGE SUPPLEMENTATION.--

12         (a)  The Legislature finds that:

13         1.  There are former recipients of temporary cash

14  assistance who are working full time but whose incomes are

15  below the federal poverty level.

16         2.  Having incomes below the federal poverty level

17  makes such individuals particularly vulnerable to reliance on

18  public assistance despite their best efforts to achieve or

19  maintain economic independence through employment.

20         3.  It is necessary to supplement the wages of such

21  individuals for a limited period of time in order to assist

22  them in fulfilling the transition to economic

23  self-sufficiency.

24         (b)  Workforce Florida, Inc., in cooperation with the

25  Department of Children and Family Services and the Agency for

26  Workforce Innovation, shall create a transitional wage

27  supplementation program by November 1, 2001, as a component of

28  the Passport to Economic Progress demonstration program in the

29  areas designated for the demonstration program. This wage

30  supplementation program does not constitute an entitlement to

31  wage supplementation. If funds appropriated are insufficient


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    CS for SB 2492                                 First Engrossed



 1  to provide wage supplementation, the board of directors of

 2  Workforce Florida, Inc., may limit wage supplementation or

 3  otherwise establish priorities for wage supplementation.

 4         (c)  To be eligible for an incentive bonus wage

 5  supplementation under this subsection, an individual must:

 6         1.  Be a former recipient of temporary cash assistance

 7  who last received such assistance on or after January 1, 2000;

 8         2.  Be employed full time, which for the purposes of

 9  this subsection means employment averaging at least 32 hours

10  per week until the United States Congress enacts legislation

11  reauthorizing the Temporary Assistance for Needy Families

12  block grant, and, after the reauthorization, means employment

13  complying with the employment requirements of the reauthorized

14  law; and

15         3.  Have an average family income for the 6 months

16  preceding the date of application for an incentive bonus wage

17  supplementation which is less than 100 percent of the federal

18  poverty level.

19         (d)  Workforce Florida, Inc., shall determine the

20  schedule for the payment of wage supplementation under this

21  subsection. An individual eligible for wage supplementation

22  under this subsection may receive a payment that equals the

23  amount necessary to bring the individual's total family income

24  for the period covered by the payment to 100 percent of the

25  federal poverty level. An individual may not receive wage

26  supplementation payments for more than a total of 12 months.

27         (e)  The wage supplementation program authorized by

28  this subsection shall be administered through the regional

29  workforce boards and the one-stop delivery system, under

30  policy guidelines, criteria, and applications developed by

31  Workforce Florida, Inc., in cooperation with the Department of


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    CS for SB 2492                                 First Engrossed



 1  Children and Family Services and the Agency for Workforce

 2  Innovation. To the maximum extent possible, the regional

 3  workforce boards shall use electronic debit card technologies

 4  to provide wage supplementation payments under this program.

 5         (5)(6)  EVALUATIONS AND RECOMMENDATIONS.--Workforce

 6  Florida, Inc., in conjunction with the Department of Children

 7  and Family Services, the Agency for Workforce Innovation, and

 8  the regional workforce boards in the areas designated for this

 9  demonstration program, shall conduct a comprehensive

10  evaluation of the effectiveness of the demonstration program

11  operated under this section. By January 1, 2005 2003,

12  Workforce Florida, Inc., shall submit a report on such

13  evaluation to the Governor, the President of the Senate, and

14  the Speaker of the House of Representatives. The report must

15  include recommendations as to whether the demonstration

16  program should be expanded to other service areas or statewide

17  and whether the program should be revised to enhance its

18  administration or effectiveness.

19         (6)(7)  CONFLICTS.--If there is a conflict between the

20  implementation procedures described in this section and

21  federal requirements and regulations, federal requirements and

22  regulations shall control.

23         Section 15.  The sum of $2,859,200 is appropriated from

24  the Welfare Transition Trust Fund to the Agency for Workforce

25  Innovation for implementing the Passport to Economic Progress

26  demonstration program during the 2003-2004 fiscal year.

27         Section 16.  Subsections (3) and (8) of section 376.86,

28  Florida Statutes, are amended to read:

29         376.86  Brownfield Areas Loan Guarantee Program.--

30         (3)  The council may enter into an investment agreement

31  with the Department of Environmental Protection and the State


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    CS for SB 2492                                 First Engrossed



 1  Board of Administration concerning the investment of the

 2  earnings accrued and collected upon the investment of the

 3  balance of funds maintained in the Nonmandatory Land

 4  Reclamation Trust Fund. The investment must be limited as

 5  follows:

 6         (a)  Not more than $1.5 $5 million of the investment

 7  earnings earned on the investment of the minimum balance of

 8  the Nonmandatory Land Reclamation Trust Fund in a fiscal year

 9  may be at risk at any time on loan guarantees or as loan loss

10  reserves. Of that amount, 15 percent shall be reserved for

11  investment agreements involving predominantly minority-owned

12  businesses which meet the requirements of subsection (4).

13         (b)  Such funds at risk at any time The investment

14  earnings may not be used to guarantee any loan guaranty or

15  loan loss reserve agreement for a period longer than 5 years.

16         (8)  The council shall provide an annual report to the

17  Legislature by February 1 of each year describing its

18  activities and agreements approved relating to redevelopment

19  of brownfield areas. The provisions of this section pledging

20  portions of the Nonmandatory Land Reclamation Trust Fund as a

21  contingency on loan guarantees made pursuant to this section

22  shall be reviewed by the Legislature by January 1, 2006, to

23  determine the ability of that trust fund to continue serving

24  as a contingency fund on loan guarantees. New loan guarantees

25  may not be approved in 2006 until the review by the

26  Legislature has been completed and a determination made as to

27  an appropriate trust fund to serve as a contingency fund on

28  loan guarantees. This section shall be reviewed by the

29  Legislature by January 1, 2006 October 1, 2003, and a

30  determination made related to the need to continue or modify

31  this section. New loan guarantees may not be approved in 2006


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    CS for SB 2492                                 First Engrossed



 1  2003 until the review by the Legislature has been completed

 2  and a determination has been made as to the feasibility of

 3  continuing the use of the Nonmandatory Land Reclamation Trust

 4  Fund to guarantee portions of loans under this section.

 5         Section 17.  Except as otherwise expressly provided in

 6  this act, this act shall take effect July 1, 2003.

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