Florida Senate - 2011             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2156, 2nd Eng.
       
       
       
       
       
       
                                Barcode 416468                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/06/2011 09:03 PM       .                                
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       The Conference Committee on SB 2156, 2nd Eng. recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Type two transfers from the Agency for Workforce
    7  Innovation.—
    8         (1) All powers, duties, functions, records, offices,
    9  personnel, associated administrative support positions,
   10  property, pending issues, existing contracts, administrative
   11  authority, administrative rules, and unexpended balances of
   12  appropriations, allocations, and other funds relating to the
   13  following programs in the Agency for Workforce Innovation are
   14  transferred by a type two transfer, as defined in s. 20.06(2),
   15  Florida Statutes, as follows:
   16         (a) The Office of Early Learning Services, including all
   17  related policies and procedures, is transferred to the
   18  Department of Education.
   19         (b) The Office of Unemployment Compensation is transferred
   20  to the Department of Economic Opportunity.
   21         (c) The Unemployment Appeals Commission is transferred to
   22  the Department of Economic Opportunity.
   23         (d)The Office of Workforce Services is transferred to the
   24  Department of Economic Opportunity.
   25         (2) The following trust funds are transferred:
   26         (a) From the Agency for Workforce Innovation to the
   27  Department of Education, the Child Care and Development Block
   28  Grant Trust Fund.
   29         (b) From the Agency for Workforce Innovation to the
   30  Department of Economic Opportunity:
   31         1. The Administrative Trust Fund.
   32         2. The Employment Security Administration Trust Fund.
   33         3. The Special Employment Security Administration Trust
   34  Fund.
   35         4. The Unemployment Compensation Benefit Trust Fund.
   36         5. The Unemployment Compensation Clearing Trust Fund.
   37         6. The Revolving Trust Fund.
   38         7. The Welfare Transition Trust Fund.
   39         8. The Displaced Homemaker Trust Fund.
   40         (3) Any binding contract or interagency agreement existing
   41  before October 1, 2011, between the Agency for Workforce
   42  Innovation, or an entity or agent of the agency, and any other
   43  agency, entity, or person shall continue as a binding contract
   44  or agreement for the remainder of the term of such contract or
   45  agreement on the successor department, agency, or entity
   46  responsible for the program, activity, or functions relative to
   47  the contract or agreement.
   48         (4) All powers, duties, functions, records, offices,
   49  personnel, property, pending issues, and existing contracts,
   50  administrative authority, administrative rules, and unexpended
   51  balances of appropriations, allocations, and other funds
   52  relating to the Agency for Workforce Innovation which are not
   53  specifically transferred by this section are transferred by a
   54  type two transfer, as defined in s. 20.06(2), Florida Statutes,
   55  to the Department of Economic Opportunity.
   56         Section 2. Before December 31, 2011, the Auditor General
   57  shall conduct a financial and performance audit, as defined in
   58  s. 11.45, Florida Statutes, of the Office of Early Learning
   59  Services’ programs and related delivery systems.
   60         Section 3. Type two transfers from the Department of
   61  Community Affairs.—
   62         (1) All powers, duties, functions, records, offices,
   63  personnel, associated administrative support positions,
   64  property, pending issues, existing contracts, administrative
   65  authority, administrative rules, and unexpended balances of
   66  appropriations, allocations, and other funds relating to the
   67  following programs in the Department of Community Affairs are
   68  transferred by a type two transfer, as defined in s. 20.06(2),
   69  Florida Statutes, as follows:
   70         (a) The Florida Housing Finance Corporation is transferred
   71  to the Department of Economic Opportunity.
   72         (b)The Division of Housing and Community Development is
   73  transferred to the Department of Economic Opportunity.
   74         (c)The Division of Community Planning is transferred to
   75  the Department of Economic Opportunity.
   76         (d) The Division of Emergency Management is transferred to
   77  the Executive Office of the Governor.
   78         (e) The Florida Building Commission is transferred to the
   79  Department of Business and Professional Regulation.
   80         (f) The responsibilities under the Florida Communities
   81  Trust, part III of chapter 380, Florida Statutes, are
   82  transferred to the Department of Environmental Protection.
   83         (g) The responsibilities under the Stan Mayfield Working
   84  Waterfronts program authorized in s. 380.5105, Florida Statutes,
   85  are transferred to the Department of Environmental Protection.
   86         (2) The following trust funds are transferred:
   87         (a) From the Department of Community Affairs to the
   88  Department of Economic Opportunity:
   89         1. The State Housing Trust Fund.
   90         2. The Community Services Block Grant Trust Fund.
   91         3. The Local Government Housing Trust Fund.
   92         4. The Florida Small Cities Community Development Block
   93  Grant Trust Fund.
   94         5. The Federal Grants Trust Fund.
   95         6. The Grants and Donations Trust Fund.
   96         7. The Energy Consumption Trust Fund.
   97         8. The Low-Income Home Energy Assistance Trust Fund.
   98         (b) From the Department of Community Affairs to the
   99  Executive Office of the Governor:
  100         1. The Emergency Management Preparedness and Assistance
  101  Trust Fund.
  102         2. The Federal Emergency Management Programs Support Trust
  103  Fund.
  104         3. The U.S. Contributions Trust Fund.
  105         4. The Operating Trust Fund.
  106         5. The Administrative Trust Fund.
  107         (c) From the Department of Community Affairs to the
  108  Department of Environmental Protection:
  109         1. The Florida Forever Program Trust Fund.
  110         2. The Florida Communities Trust Fund.
  111         (3) Any binding contract or interagency agreement existing
  112  before October 1, 2011, between the Department of Community
  113  Affairs or Division of Emergency Management, or an entity or
  114  agent of the department or division, and any other agency,
  115  entity, or person shall continue as a binding contract or
  116  agreement for the remainder of the term of such contract or
  117  agreement on the successor department, agency, or entity
  118  responsible for the program, activity, or functions relative to
  119  the contract or agreement.
  120         (4) All powers, duties, functions, records, offices,
  121  personnel, property, pending issues, and existing contracts,
  122  administrative authority, administrative rules, and unexpended
  123  balances of appropriations, allocations, and other funds
  124  relating to the Department of Community Affairs which are not
  125  specifically transferred by this section are transferred by a
  126  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  127  to the Department of Economic Opportunity.
  128         Section 4. Type two transfers from Executive Office of the
  129  Governor.—
  130         (1) All powers, duties, functions, records, offices,
  131  personnel, associated administrative support positions,
  132  property, pending issues, existing contracts, administrative
  133  authority, administrative rules, and unexpended balances of
  134  appropriations, allocations, and other funds relating to the
  135  Office of Tourism, Trade, and Economic Development in the
  136  Executive Office of the Governor are transferred by a type two
  137  transfer, as defined in s. 20.06(2), Florida Statutes, to the
  138  Department of Economic Opportunity.
  139         (2) The following trust funds are transferred from the
  140  Executive Office of the Governor to the Department of Economic
  141  Opportunity:
  142         (a) The Economic Development Trust Fund.
  143         (b) The Economic Development Transportation Trust Fund.
  144         (c) The Tourism Promotional Trust Fund.
  145         (d) The Professional Sports Development Trust Fund.
  146         (e) The Florida International Trade and Promotion Trust
  147  Fund.
  148         (3) Any binding contract or interagency agreement existing
  149  before October 1, 2011, between the Office of Tourism, Trade,
  150  and Economic Development in the Executive Office of the
  151  Governor, or an entity or agent of the office, and any other
  152  agency, entity, or person shall continue as a binding contract
  153  or agreement for the remainder of the term of such contract or
  154  agreement on the successor department, agency, or entity
  155  responsible for the program, activity, or functions relative to
  156  the contract or agreement.
  157         (4) All powers, duties, functions, records, offices,
  158  personnel, property, pending issues, and existing contracts,
  159  administrative authority, administrative rules, and unexpended
  160  balances of appropriations, allocations, and other funds
  161  relating to the Office of Tourism, Trade, and Economic
  162  Development in the Executive Office of the Governor which are
  163  not specifically transferred by this section are transferred by
  164  a type two transfer, as defined in s. 20.06(2), Florida
  165  Statutes, to the Department of Economic Opportunity.
  166         Section 5. All powers, duties, functions, records, pending
  167  issues, existing contracts, and unexpended balances of
  168  appropriations, allocations, and other funds relating to the
  169  Ready to Work program within the Department of Education are
  170  transferred by a type two transfer, as defined in s. 20.06(2),
  171  Florida Statutes, to the Department of Economic Opportunity.
  172         Section 6. (1) It is the intent of the Legislature that the
  173  changes made by this act be accomplished with minimal disruption
  174  of services provided to the public and with minimal disruption
  175  to employees of any organization. To that end, the Legislature
  176  directs all applicable units of state government to contribute
  177  to the successful implementation of this act, and the
  178  Legislature believes that a transition period between the
  179  effective date of this act and October 1, 2011, is appropriate
  180  and warranted.
  181         (2) The Agency for Workforce Innovation, the Department of
  182  Community Affairs, the Department of Education, and the Office
  183  of Tourism, Trade, and Economic Development in the Executive
  184  Office of the Governor shall each coordinate the development and
  185  implementation of a transition plan that supports the
  186  implementation of this act. Any state agency identified by the
  187  Agency for Workforce Innovation, the Department of Community
  188  Affairs, the Department of Education or the Office of Tourism,
  189  Trade, and Economic Development in the Executive Office of the
  190  Governor shall cooperate fully in developing and implementing
  191  the plan and shall dedicate the financial and staff resources
  192  that are necessary to implement the plan.
  193         (3)(a) The director of the Agency for Workforce Innovation,
  194  the Secretary of the Department of Community Affairs, the
  195  commissioner of the Department of Education, and the director of
  196  the Office of Tourism, Trade, and Economic Development in the
  197  Executive Office of the Governor shall each designate a
  198  transition coordinator to serve as the primary representative on
  199  matters related to implementing this act and the transition
  200  plans required under this section.
  201         (b) The Governor shall designate a transition coordinator
  202  to serve as the Governor’s primary representative on matters
  203  related to implementing this act, implementation of the
  204  transition plans developed pursuant to this section, and
  205  coordinator of the transition activities of the Agency for
  206  Workforce Innovation, the Department of Community Affairs, the
  207  Department of Education, and the Office of Tourism, Trade, and
  208  Economic Development.
  209         (4) The transition coordinators designated under subsection
  210  (3) shall submit a joint progress report by August 15, 2011, to
  211  the Governor, the President of the Senate, and the Speaker of
  212  the House of Representatives on the implementation of this act
  213  and the transition plans, including, but not limited to, any
  214  adverse impact or negative consequences on programs and
  215  services, of meeting any deadline imposed by this act, and any
  216  difficulties experienced by the Agency for Workforce Innovation,
  217  the Department of Community Affairs, the Department of
  218  Education, or the Office of Tourism, Trade, and Economic
  219  Development in securing the full participation and cooperation
  220  of applicable state agencies. Each representative shall also
  221  coordinate the submission of any budget amendments, in
  222  accordance with chapter 216, Florida Statutes, which may be
  223  necessary to implement this act.
  224         (5) Notwithstanding ss. 216.292 and 216.351, Florida
  225  Statutes, upon approval by the Legislative Budget Commission,
  226  the Executive Office of the Governor may transfer funds and
  227  positions between agencies to implement this act.
  228         (6) Upon the recommendation and guidance of transition
  229  coordinators designated in subsection (3), the Governor shall
  230  submit in a timely manner to the applicable federal departments
  231  or agencies any necessary amendments or supplemental information
  232  concerning plans that the state is required to submit to the
  233  Federal Government in connection with any federal or state
  234  program. The Governor shall seek any waivers from the
  235  requirements of Federal law or rules which may be necessary to
  236  administer the provisions of this act.
  237         (7) The transfer of any program, activity, duty, or
  238  function under this act includes the transfer of any records and
  239  unexpended balances of appropriations, allocations, or other
  240  funds related to such program, activity, duty, or function.
  241  Unless otherwise provided, the successor organization to any
  242  program, activity, duty, or function transferred under this act
  243  shall become the custodian of any property of the organization
  244  that was responsible for the program, activity, duty, or
  245  function immediately prior to the transfer.
  246         Section 7. (1) The nonprofit corporations established in
  247  ss. 288.1229 and 288.707, Florida Statutes, are merged into and
  248  transferred to Enterprise Florida, Inc.
  249         (2) The Florida Sports Foundation Incorporated and the
  250  Florida Black Business Investment Board, Inc., must enter into a
  251  plan to merge into Enterprise Florida, Inc. Such merger must be
  252  completed by December 31, 2011. The merger is subject to chapter
  253  617, Florida Statutes, related to the merger of nonprofit
  254  corporations.
  255         (3) The nonprofit corporation established in s. 288.1226,
  256  Florida Statutes, shall be the direct-support organization for
  257  Enterprise Florida, Inc. The Florida Tourism Industry Marketing
  258  Corporation and Enterprise Florida, Inc., must establish a plan
  259  to transfer the contractual relationship with the Florida
  260  Commission on Tourism to Enterprise Florida, Inc., by December
  261  31, 2011.
  262         (4) It is the intent of the Legislature that the changes
  263  made by this act be accomplished with minimal disruption of
  264  services provided to the public and with minimal disruption to
  265  employees of any organization. To that end, the Legislature
  266  directs that notwithstanding the changes made by this act, the
  267  Florida Sports Foundation Incorporated, and the Florida Black
  268  Business Investment Board, Inc., may continue with such powers,
  269  duties, functions, records, offices, personnel, property,
  270  pending issues, and existing contracts as provided in Florida
  271  Statutes 2010 until December 31, 2011. The Legislature believes
  272  that a transition period between the effective date of this act
  273  and December 31, 2011, is appropriate and warranted.
  274         (5) The Governor shall designate a transition coordinator
  275  to serve as the Governor’s primary representative on matters
  276  related to implementing this act for the merger of the Florida
  277  Sports Foundation Incorporated and the Florida Black Business
  278  Investment Board, Inc., into, Enterprise Florida, Inc., the
  279  transition of the direct-support activities of Florida Tourism
  280  Industry Marketing Corporation for the benefit of Enterprise
  281  Florida, Inc., and the transition plans required under this
  282  section. The Governor’s transition coordinator shall submit a
  283  progress report to the Governor, the President of the Senate,
  284  and the Speaker of the House of Representatives on the
  285  implementation of this act and the transition plans, including,
  286  but not limited to, any adverse impact or negative consequences
  287  on programs and services, of meeting any deadline imposed by
  288  this act, and any difficulties experienced by the entities. The
  289  transition coordinator shall also coordinate the submission of
  290  any budget amendments, pursuant to chapter 216, Florida
  291  Statutes, which may be necessary to implement this act.
  292         (6)Any funds held in trust which were donated to or earned
  293  by the Florida Sports Foundation Incorporated and the Florida
  294  Black Business Investment Board, Inc., while previously
  295  organized as a corporation under chapter 617, Florida Statutes,
  296  shall be transferred to Enterprise Florida, Inc., to be used by
  297  the relevant division for the original purposes of the funds.
  298         (7) Upon the recommendation and guidance of the Florida
  299  Sports Foundation Incorporated, the Florida Tourism Industry
  300  Marketing Corporation, the Florida Black Business Investment
  301  Board, Inc., or Space Florida, the Governor shall submit in a
  302  timely manner to the applicable Federal departments or agencies
  303  any necessary amendments or supplemental information concerning
  304  plans which the state or one of the entities is required to
  305  submit to the Federal Government in connection with any federal
  306  or state program. The Governor shall seek any waivers from the
  307  requirements of Federal law or rules which may be necessary to
  308  administer the provisions of this act.
  309         (8) The transfer of any program, activity, duty, or
  310  function under this act includes the transfer of any records and
  311  unexpended balances of appropriations, allocations, or other
  312  funds related to such program, activity, duty, or function.
  313  Except as otherwise provided by law, Enterprise Florida, Inc.,
  314  shall become the custodian of any property of the Florida Sports
  315  Foundation, Inc., and the Florida Black Business Investment
  316  Board, Inc., on the date specified in the plan of merger or
  317  December 31, 2011, whichever occurs first.
  318         (9)The Department of Management Services may establish a
  319  lease agreement program under which Enterprise Florida, Inc.,
  320  may hire any individual who was employed by the Florida Black
  321  Business Investment Board, Inc., under a previous lease
  322  agreement under s. 288.708(2), Florida Statutes 2010. Under such
  323  agreement, the employee shall retain his or her status as a
  324  state employee but shall work under the direct supervision of
  325  Enterprise Florida, Inc. Retention of state employee status
  326  shall include the right to participate in the Florida Retirement
  327  System and shall continue until the employee voluntarily or
  328  involuntarily terminates his or her status with Enterprise
  329  Florida, Inc. The Department of Management Services shall
  330  establish the terms and conditions of such lease agreements.
  331         Section 8. (1) By September 1, 2011, the Department of
  332  Economic Opportunity, or its predecessor agencies, in
  333  conjunction with Enterprise Florida, Inc., or any predecessor
  334  public-private partnerships, and Workforce Florida, Inc., must
  335  prepare and submit to the Governor, the President of the Senate,
  336  and the Speaker of the House of Representatives a business plan
  337  for the use of the economic development incentive funds
  338  administered by the department and Enterprise Florida, Inc.,
  339  beginning October 1, 2011. Additionally, the plan should include
  340  any plans for attracting out-of-state industries to Florida,
  341  promoting the expansion of existing industries in this state,
  342  and encouraging the creation of businesses in this state by
  343  Florida residents. At a minimum, the business plan should
  344  include:
  345         (a) Strategies to be used by the department and Enterprise
  346  Florida, Inc., to recruit out-of-state companies, promote
  347  existing businesses to expand, and encourage the creation of new
  348  businesses;
  349         (b) Benchmarks related to:
  350         1. Out-of-state business recruitment and in-state business
  351  creation and expansion by the department and Enterprise Florida,
  352  Inc.;
  353         2.The numbers of jobs created or retained through the
  354  efforts of the department and Enterprise Florida, Inc.; and
  355         3. The number of new international trade clients and new
  356  international sales, including a projected amount of contracts
  357  for Florida-based goods or services;
  358         (c) The minimum amount of annual financial resources the
  359  department and Enterprise Florida, Inc., project will be
  360  necessary to achieve the benchmarks;
  361         (d) The tools, financial and otherwise, necessary to
  362  achieve the benchmarks; and
  363         (e) Time-frames to achieve the benchmarks.
  364         (2) By January 1, 2012, the Department of Economic
  365  Opportunity shall provide the Governor, the President of the
  366  Senate, and the Speaker of the House of Representatives with
  367  recommendations for further reorganization and streamlining of
  368  economic development and workforce functions that improve the
  369  effectiveness and operation of economic development and
  370  workforce programs.
  371         Section 9. Agency review; Department of Economic
  372  Opportunity.—
  373         (1) Not later than July 1, 2016, the Department of Economic
  374  Opportunity shall provide the Legislature with a report on the
  375  department and Enterprise Florida, Inc., which includes:
  376         (a) The performance measures for each program and activity
  377  as defined in s. 216.011 and 3 years of data for each measure
  378  which provides actual results for the immediately preceding 2
  379  years and projected results for the fiscal year that begins in
  380  the year that the agency report is scheduled to be submitted to
  381  the Legislature.
  382         (b) An explanation of factors that have contributed to any
  383  failure to achieve the legislative standards.
  384         (c) The promptness and effectiveness with which the agency
  385  disposes of complaints concerning persons affected by the
  386  agency.
  387         (d) The extent to which the agency has encouraged
  388  participation by the public in making its rules and decisions as
  389  opposed to participation solely by those it regulates and the
  390  extent to which public participation has resulted in rules
  391  compatible with the objectives of the agency.
  392         (e) The extent to which the agency has complied with
  393  applicable requirements of state law and applicable rules
  394  regarding purchasing goals and programs for small and minority
  395  owned businesses.
  396         (f) A statement of any statutory objectives intended for
  397  each program and activity, the problem or need that the program
  398  and activity were intended to address, and the extent to which
  399  these objectives have been achieved.
  400         (g) An assessment of the extent to which the jurisdiction
  401  of the agency and its programs overlap or duplicate those of
  402  other agencies and the extent to which the programs can be
  403  consolidated with those of other agencies.
  404         (h) An assessment of less restrictive or alternative
  405  methods of providing services for which the agency is
  406  responsible which would reduce costs or improve performance
  407  while adequately protecting the public.
  408         (i) An assessment of the extent to which the agency has
  409  corrected deficiencies and implemented recommendations contained
  410  in reports of the Auditor General, the Office of Program Policy
  411  Analysis and Government Accountability, legislative interim
  412  studies, and federal audit entities.
  413         (j) The process by which an agency actively measures
  414  quality and efficiency of services it provides to the public.
  415         (k) The extent to which the agency complies with public
  416  records and public meetings requirements under chapters 119 and
  417  286 and s. 24, Art. I of the State Constitution.
  418         (l) The extent to which alternative program delivery
  419  options, such as privatization, outsourcing, or insourcing, have
  420  been considered to reduce costs or improve services to state
  421  residents.
  422         (m) Recommendations to the Legislature for statutory,
  423  budgetary, or regulatory changes that would improve the quality
  424  and efficiency of services delivered to the public, reduce
  425  costs, or reduce duplication.
  426         (n) The effect of federal intervention or loss of federal
  427  funds if the agency, program, or activity is abolished.
  428         (o) A list of all advisory committees, including those
  429  established in statute and those established by managerial
  430  initiative; their purpose, activities, composition, and related
  431  expenses; the extent to which their purposes have been achieved;
  432  and the rationale for continuing or eliminating each advisory
  433  committee.
  434         (p) Agency programs or functions that are performed without
  435  specific statutory authority.
  436         (q) Other information requested by the Legislature.
  437         (2) Information and data reported by the agency shall be
  438  validated by its agency head and inspector general before
  439  submission to the Legislature.
  440         (3) The Office of Program Policy Analysis and Government
  441  Accountability shall review the department and Enterprise
  442  Florida, Inc. The review shall include an examination of the
  443  cost of each program, an evaluation of best practices and
  444  alternatives that would result in the administration of the
  445  department in a more efficient or effective manner, an
  446  examination of the viability of privatization or a different
  447  state agency performing the functions, and an evaluation of the
  448  cost and consequences of discontinuing the agency. The review
  449  shall be comprehensive in scope and shall consider the
  450  information provided by the department report in addition to
  451  information deemed necessary by the office and the appropriate
  452  legislative committees. The Office of Program Policy Analysis
  453  and Government Accountability shall include in the report
  454  recommendations for consideration by the Legislature and shall
  455  submit the report to the President of the Senate and the Speaker
  456  of the House of Representatives no later than December 31, 2016.
  457         Section 10. The Legislature recognizes that there is a need
  458  to conform the Florida Statutes to the policy decisions
  459  reflected in this act and that there is a need to resolve
  460  apparent conflicts between any other legislation that has been
  461  or may be enacted during the 2011 Regular Session of the
  462  Legislature and the transfer of duties made by this act.
  463  Therefore, in the interim between this act becoming law and the
  464  2012 Regular Session of the Legislature or an earlier special
  465  session addressing this issue, the Division of Statutory
  466  Revision shall provide the relevant substantive committees of
  467  the Senate and the House of Representatives with assistance,
  468  upon request, to enable such committees to prepare draft
  469  legislation to conform the Florida Statutes and any legislation
  470  enacted during 2011 to the provisions of this act.
  471         Section 11. Section 14.2016, Florida Statutes, is created
  472  to read:
  473         14.2016Division of Emergency Management.—The Division of
  474  Emergency Management is established within the Executive Office
  475  of the Governor. The division shall be a separate budget entity,
  476  as provided in the General Appropriations Act and shall prepare
  477  and submit a budget request in accordance with chapter 216. The
  478  division shall be responsible for all professional, technical,
  479  and administrative support functions necessary to carry out its
  480  responsibilities under part I of chapter 252. The director of
  481  the division shall be appointed by and serve at the pleasure of
  482  the Governor, and shall be the head of the division for all
  483  purposes. The division shall administer programs to rapidly
  484  apply all available aid to communities stricken by an emergency
  485  as defined in s. 252.34 and, for this purpose, shall provide
  486  liaison with federal agencies and other public and private
  487  agencies.
  488         Section 12. Paragraph (h) is added to subsection (3) of
  489  section 20.15, Florida Statutes, to read:
  490         20.15 Department of Education.—There is created a
  491  Department of Education.
  492         (3) DIVISIONS.—The following divisions of the Department of
  493  Education are established:
  494         (h) The Office of Early Learning, which shall administer
  495  the school readiness system in accordance with s. 411.01 and the
  496  operational requirements of the Voluntary Prekindergarten
  497  Education Program in accordance with part V of chapter 1002. The
  498  office is a separate budget entity and is not subject to
  499  control, supervision, or direction by the Department of
  500  Education or the State Board of Education in any manner
  501  including, but not limited to, personnel, purchasing,
  502  transactions involving personal property, and budgetary matters.
  503  The office director shall be appointed by the Governor and
  504  confirmed by the Senate, shall serve at the pleasure of the
  505  Governor, and shall be the agency head of the office for all
  506  purposes. The office shall enter into a service agreement with
  507  the department for professional, technological, and
  508  administrative support services. The office shall be subject to
  509  review and oversight by the Chief Inspector General or his or
  510  her designee.
  511         Section 13. Section 20.60, Florida Statutes, is created to
  512  read:
  513         20.60Department of Economic Opportunity; creation; powers
  514  and duties.—
  515         (1) There is created the Department of Economic
  516  Opportunity.
  517         (2) The head of the department is the executive director,
  518  who shall be appointed by the Governor, subject to confirmation
  519  by the Senate. The executive director shall serve at the
  520  pleasure of and report to the Governor.
  521         (3) The following divisions of the Department of Economic
  522  Opportunity are established:
  523         (a) The Division of Strategic Business Development.
  524         (b) The Division of Community Development.
  525         (c) The Division of Workforce Services.
  526         (d) The Division of Finance and Administration.
  527         (4) The purpose of the department is to assist the Governor
  528  in working with the Legislature, state agencies, business
  529  leaders, and economic development professionals to formulate and
  530  implement coherent and consistent policies and strategies
  531  designed to promote economic opportunities for all Floridians.
  532  To accomplish such purposes, the department shall:
  533         (a) Facilitate the direct involvement of the Governor and
  534  the Lieutenant Governor in economic development and workforce
  535  development projects designed to create, expand, and retain
  536  businesses in this state, to recruit business from around the
  537  world, and to facilitate other job-creating efforts.
  538         (b) Recruit new businesses to this state and promote the
  539  expansion of existing businesses by expediting permitting and
  540  location decisions, worker placement and training, and incentive
  541  awards.
  542         (c) Promote viable, sustainable communities by providing
  543  technical assistance and guidance on growth and development
  544  issues, grants, and other assistance to local communities.
  545         (d) Ensure that the state’s goals and policies relating to
  546  economic development, workforce development, community planning
  547  and development, and affordable housing are fully integrated
  548  with appropriate implementation strategies.
  549         (e) Manage the activities of public-private partnerships
  550  and state agencies in order to avoid duplication and promote
  551  coordinated and consistent implementation of programs in areas
  552  including, but not limited to, tourism; international trade and
  553  investment; business recruitment, creation, retention, and
  554  expansion; minority and small business development; rural
  555  community development; commercialization of products, services,
  556  or ideas developed in public universities or other public
  557  institutions; and the development and promotion of professional
  558  and amateur sporting events.
  559         (5) The divisions within the department have specific
  560  responsibilities to achieve the duties, responsibilities, and
  561  goals of the department. Specifically:
  562         (a) The Division of Strategic Business Development shall:
  563         1. Analyze and evaluate business prospects identified by
  564  the Governor, the executive director of the department, and
  565  Enterprise Florida, Inc.
  566         2. Administer certain tax refund, tax credit, and grant
  567  programs created in law. Notwithstanding any other provision of
  568  law, the department may expend interest earned from the
  569  investment of program funds deposited in the Grants and
  570  Donations Trust Fund to contract for the administration of those
  571  programs, or portions of the programs, assigned to the
  572  department by law, by the appropriations process, or by the
  573  Governor. Such expenditures shall be subject to review under
  574  chapter 216.
  575         3. Develop measurement protocols for the state incentive
  576  programs and for the contracted entities which will be used to
  577  determine their performance and competitive value to the state.
  578  Performance measures, benchmarks, and sanctions must be
  579  developed in consultation with the legislative appropriations
  580  committees and the appropriate substantive committees, and are
  581  subject to the review and approval process provided in s.
  582  216.177. The approved performance measures, standards, and
  583  sanctions shall be included and made a part of the strategic
  584  plan for contracts entered into for delivery of programs
  585  authorized by this section.
  586         4. Develop a 5-year statewide strategic plan. The strategic
  587  plan must include, but need not be limited to:
  588         a. Strategies for the promotion of business formation,
  589  expansion, recruitment, and retention through aggressive
  590  marketing, international development, and export assistance,
  591  which lead to more and better jobs and higher wages for all
  592  geographic regions, disadvantaged communities, and populations
  593  of the state, including rural areas, minority businesses, and
  594  urban core areas.
  595         b. The development of realistic policies and programs to
  596  further the economic diversity of the state, its regions, and
  597  their associated industrial clusters.
  598         c. Specific provisions for the stimulation of economic
  599  development and job creation in rural areas and midsize cities
  600  and counties of the state, including strategies for rural
  601  marketing and the development of infrastructure in rural areas.
  602         d. Provisions for the promotion of the successful long-term
  603  economic development of the state with increased emphasis in
  604  market research and information.
  605         e. Plans for the generation of foreign investment in the
  606  state which create jobs paying above-average wages and which
  607  result in reverse investment in the state, including programs
  608  that establish viable overseas markets, assist in meeting the
  609  financing requirements of export-ready firms, broaden
  610  opportunities for international joint venture relationships, use
  611  the resources of academic and other institutions, coordinate
  612  trade assistance and facilitation services, and facilitate
  613  availability of and access to education and training programs
  614  that assure requisite skills and competencies necessary to
  615  compete successfully in the global marketplace.
  616         f. The identification of business sectors that are of
  617  current or future importance to the state’s economy and to the
  618  state’s global business image, and development of specific
  619  strategies to promote the development of such sectors.
  620         g. Strategies for talent development necessary in the state
  621  to encourage economic development growth, taking into account
  622  factors such as the state’s talent supply chain, education and
  623  training opportunities, and available workforce.
  624         5. Update the strategic plan every 5 years.
  625         6. Involve Enterprise Florida, Inc.; Workforce Florida,
  626  Inc.; local governments; the general public; local and regional
  627  economic development organizations; other local, state, and
  628  federal economic, international, and workforce development
  629  entities; the business community; and educational institutions
  630  to assist with the strategic plan.
  631         (b)The Division of Community Development shall:
  632         1. Assist local governments and their communities in
  633  finding creative planning solutions to help them foster vibrant,
  634  healthy communities, while protecting the functions of important
  635  state resources and facilities.
  636         2. Administer state and federal grant programs as provided
  637  by law to provide community development and project planning
  638  activities to maintain viable communities, revitalize existing
  639  communities, and expand economic development and employment
  640  opportunities, including:
  641         a. The Community Services Block Grant Program.
  642         b. The Community Development Block Grant Program in chapter
  643  290.
  644         c. The Low-Income Home Energy Assistance Program in chapter
  645  409.
  646         d. The Weatherization Assistance Program in chapter 409.
  647         e.The Neighborhood Stabilization Program.
  648         f. The local comprehensive planning process and the
  649  development of regional impact process.
  650         g. The Front Porch Florida Initiative through the Office of
  651  Urban Opportunity, which is created within the division. The
  652  purpose of the office is to administer the Front Porch Florida
  653  initiative, a comprehensive, community-based urban core
  654  redevelopment program that enables urban core residents to craft
  655  solutions to the unique challenges of each designated community.
  656         3. Assist in developing the 5-year statewide strategic plan
  657  required by this section.
  658         (c) The Division of Workforce Services shall:
  659         1. Prepare and submit a unified budget request for
  660  workforce in accordance with chapter 216 for, and in conjunction
  661  with, Workforce Florida, Inc., and its board.
  662         2. Ensure that the state appropriately administers federal
  663  and state workforce funding by administering plans and policies
  664  of Workforce Florida, Inc., under contract with Workforce
  665  Florida, Inc. The operating budget and midyear amendments
  666  thereto must be part of such contract.
  667         a. All program and fiscal instructions to regional
  668  workforce boards shall emanate from the Department of Economic
  669  Opportunity pursuant to plans and policies of Workforce Florida,
  670  Inc., which shall be responsible for all policy directions to
  671  the regional workforce boards.
  672         b. Unless otherwise provided by agreement with Workforce
  673  Florida, Inc., administrative and personnel policies of the
  674  Department of Economic Opportunity shall apply.
  675         3. Implement the state’s unemployment compensation program.
  676  The Department of Economic Opportunity shall ensure that the
  677  state appropriately administers the unemployment compensation
  678  program pursuant to state and federal law.
  679         4. Assist in developing the 5-year statewide strategic plan
  680  required by this section.
  681         (6)(a)The Department of Economic Opportunity is the
  682  administrative agency designated for receipt of federal
  683  workforce development grants and other federal funds. The
  684  department shall administer the duties and responsibilities
  685  assigned by the Governor under each federal grant assigned to
  686  the department. The department shall expend each revenue source
  687  as provided by federal and state law and as provided in plans
  688  developed by and agreements with Workforce Florida, Inc. The
  689  department may serve as the contract administrator for contracts
  690  entered into by Workforce Florida, Inc., pursuant to s.
  691  445.004(5), as directed by Workforce Florida, Inc.
  692         (b) The Department of Economic Opportunity shall serve as
  693  the designated agency for purposes of each federal workforce
  694  development grant assigned to it for administration. The
  695  department shall carry out the duties assigned to it by the
  696  Governor, under the terms and conditions of each grant. The
  697  department shall have the level of authority and autonomy
  698  necessary to be the designated recipient of each federal grant
  699  assigned to it, and shall disburse such grants pursuant to the
  700  plans and policies of Workforce Florida, Inc. The executive
  701  director may, upon delegation from the Governor and pursuant to
  702  agreement with Workforce Florida, Inc., sign contracts, grants,
  703  and other instruments as necessary to execute functions assigned
  704  to the department. Notwithstanding other provision of law, the
  705  department shall administer other programs funded by federal or
  706  state appropriations, as determined by the Legislature in the
  707  General Appropriations Act or by law.
  708         (7) The department may provide or contract for training for
  709  employees of administrative entities and case managers of any
  710  contracted providers to ensure they have the necessary
  711  competencies and skills to provide adequate administrative
  712  oversight and delivery of the full array of client services.
  713         (8) The Unemployment Appeals Commission, authorized by s.
  714  443.012, is not subject to control, supervision, or direction by
  715  the department in the performance of its powers and duties but
  716  shall receive any and all support and assistance from the
  717  department which is required for the performance of its duties.
  718         (9) The executive director shall:
  719         (a) Manage all activities and responsibilities of the
  720  department.
  721         (b) Serve as the manager for the state with respect to
  722  contracts with Enterprise Florida, Inc., the Institute for the
  723  Commercialization of Public Research, and all applicable direct
  724  support organizations. To accomplish the provisions of this
  725  section and applicable provisions of chapter 288, and
  726  notwithstanding the provisions of part I of chapter 287, the
  727  director shall enter into specific contracts with Enterprise
  728  Florida, Inc., the Institute for the Commercialization of Public
  729  Research, and other appropriate direct-support organizations.
  730  Such contracts may be for multiyear terms and shall include
  731  specific performance measures for each year. For purposes of
  732  this section, the Florida Tourism Industry Marketing Corporation
  733  is not an appropriate direct-support organization.
  734         (10) The department, with assistance from Enterprise
  735  Florida, Inc., shall, by January 1 of each year, submit an
  736  annual report to the Governor, the President of the Senate, and
  737  the Speaker of the House of Representatives on the condition of
  738  the business climate and economic development in the state. The
  739  report shall include the identification of problems and a
  740  prioritized list of recommendations.
  741         (11) The department shall establish annual performance
  742  standards for Enterprise Florida, Inc., Workforce Florida, Inc.,
  743  the Florida Tourism Industry Marketing Corporation, and Space
  744  Florida and report annually on how these performance measures
  745  are being met in the annual report required under subsection
  746  (10).
  747         (12) The department shall have an official seal by which
  748  its records, orders, and proceedings are authenticated. The seal
  749  shall be judicially noticed.
  750         (13) The department shall administer the role of state
  751  government under part I of chapter 421, relating to public
  752  housing, chapter 422, relating to housing cooperation law, and
  753  chapter 423, tax exemption of housing authorities. The
  754  department is the agency of state government responsible for the
  755  state’s role in housing and urban development.
  756         Section 14. Present subsection (3) is renumbered as
  757  subsection (4), and a new subsection (3) is added to section
  758  14.32, Florida Statutes, to read:
  759         14.32 Office of Chief Inspector General.—
  760         (3) Related to public-private partnerships, the Chief
  761  Inspector General:
  762         (a) Shall advise public-private partnerships, including
  763  Enterprise Florida, Inc., in their development, utilization, and
  764  improvement of internal control measures necessary to ensure
  765  fiscal accountability.
  766         (b) May conduct, direct, and supervise audits relating to
  767  the programs and operations of public-private partnerships.
  768         (c) Shall receive and investigate complaints of fraud,
  769  abuses, and deficiencies relating to programs and operations of
  770  public-private partnerships.
  771         (d) May request and have access to any records, data, and
  772  other information in the possession of public-private
  773  partnerships which the Chief Inspector General deems necessary
  774  to carry out his or her responsibilities with respect to
  775  accountability.
  776         (e) Shall monitor public-private partnerships for
  777  compliance with the terms and conditions of contracts with the
  778  department and report noncompliance to the Governor.
  779         (f) Shall advise public-private partnerships in the
  780  development, utilization, and improvement of performance
  781  measures for the evaluation of their operations.
  782         (g) Shall review and make recommendations for improvements
  783  in the actions taken by public-private partnerships to meet
  784  performance standards.
  785         Section 15. Paragraph (c) of subsection (1), and
  786  subsections (9) and (10) of section 201.15, Florida Statutes,
  787  are amended to read:
  788         201.15 Distribution of taxes collected.—All taxes collected
  789  under this chapter are subject to the service charge imposed in
  790  s. 215.20(1). Prior to distribution under this section, the
  791  Department of Revenue shall deduct amounts necessary to pay the
  792  costs of the collection and enforcement of the tax levied by
  793  this chapter. Such costs and the service charge may not be
  794  levied against any portion of taxes pledged to debt service on
  795  bonds to the extent that the costs and service charge are
  796  required to pay any amounts relating to the bonds. After
  797  distributions are made pursuant to subsection (1), all of the
  798  costs of the collection and enforcement of the tax levied by
  799  this chapter and the service charge shall be available and
  800  transferred to the extent necessary to pay debt service and any
  801  other amounts payable with respect to bonds authorized before
  802  January 1, 2010, secured by revenues distributed pursuant to
  803  subsection (1). All taxes remaining after deduction of costs and
  804  the service charge shall be distributed as follows:
  805         (1) Sixty-three and thirty-one hundredths percent of the
  806  remaining taxes shall be used for the following purposes:
  807         (c) After the required payments under paragraphs (a) and
  808  (b), the remainder shall be paid into the State Treasury to the
  809  credit of:
  810         1. The State Transportation Trust Fund in the Department of
  811  Transportation in the amount of the lesser of 38.2 percent of
  812  the remainder or $541.75 million in each fiscal year. Out of
  813  such funds, the first $50 million for the 2012-2013 fiscal year;
  814  $65 million for the 2013-2014 fiscal year; and $75 million for
  815  the 2014-2015 fiscal year and all subsequent years, shall be
  816  transferred to the State Economic Enhancement and Development
  817  Trust Fund within the Department of Economic Opportunity. The
  818  remainder is, to be used for the following specified purposes,
  819  notwithstanding any other law to the contrary:
  820         a. For the purposes of capital funding for the New Starts
  821  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  822  specified in s. 341.051, 10 percent of these funds;
  823         b. For the purposes of the Small County Outreach Program
  824  specified in s. 339.2818, 5 percent of these funds. Effective
  825  July 1, 2014, the percentage allocated under this sub
  826  subparagraph shall be increased to 10 percent;
  827         c. For the purposes of the Strategic Intermodal System
  828  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  829  of these funds after allocating for the New Starts Transit
  830  Program described in sub-subparagraph a. and the Small County
  831  Outreach Program described in sub-subparagraph b.; and
  832         d. For the purposes of the Transportation Regional
  833  Incentive Program specified in s. 339.2819, 25 percent of these
  834  funds after allocating for the New Starts Transit Program
  835  described in sub-subparagraph a. and the Small County Outreach
  836  Program described in sub-subparagraph b. Effective July 1, 2014,
  837  the first $60 million of the funds allocated pursuant to this
  838  sub-subparagraph shall be allocated annually to the Florida Rail
  839  Enterprise for the purposes established in s. 341.303(5).
  840         2. The Grants and Donations Trust Fund in the Department of
  841  Economic Opportunity Community Affairs in the amount of the
  842  lesser of .23 percent of the remainder or $3.25 million in each
  843  fiscal year to fund technical assistance to local governments
  844  and school boards on the requirements and implementation of this
  845  act.
  846         3. The Ecosystem Management and Restoration Trust Fund in
  847  the amount of the lesser of 2.12 percent of the remainder or $30
  848  million in each fiscal year, to be used for the preservation and
  849  repair of the state’s beaches as provided in ss. 161.091
  850  161.212.
  851         4. General Inspection Trust Fund in the amount of the
  852  lesser of .02 percent of the remainder or $300,000 in each
  853  fiscal year to be used to fund oyster management and restoration
  854  programs as provided in s. 379.362(3).
  855  
  856  Moneys distributed pursuant to this paragraph may not be pledged
  857  for debt service unless such pledge is approved by referendum of
  858  the voters.
  859         (9) Seven and fifty-three hundredths The lesser of 7.53
  860  percent of the remaining taxes or $107 million in each fiscal
  861  year shall be paid into the State Treasury to the credit of the
  862  State Housing Trust Fund. Out of such funds, beginning in the
  863  2012-2013 fiscal year, the first $35 million shall be
  864  transferred annually, subject to any distribution required under
  865  subsection (15), to the State Economic Enhancement and
  866  Development Trust Fund within the Department of Economic
  867  Opportunity. The remainder shall be and used as follows:
  868         (a) Half of that amount shall be used for the purposes for
  869  which the State Housing Trust Fund was created and exists by
  870  law.
  871         (b) Half of that amount shall be paid into the State
  872  Treasury to the credit of the Local Government Housing Trust
  873  Fund and used for the purposes for which the Local Government
  874  Housing Trust Fund was created and exists by law.
  875         (10) Eight and sixty-six hundredths The lesser of 8.66
  876  percent of the remaining taxes or $136 million in each fiscal
  877  year shall be paid into the State Treasury to the credit of the
  878  State Housing Trust Fund. Out of such funds, beginning in the
  879  2012-2013 fiscal year, the first $40 million shall be
  880  transferred annually, subject to any distribution required under
  881  subsection (15), to the State Economic Enhancement and
  882  Development Trust Fund within the Department of Economic
  883  Opportunity. The remainder shall be and used as follows:
  884         (a) Twelve and one-half percent of that amount shall be
  885  deposited into the State Housing Trust Fund and be expended by
  886  the Department of Economic Opportunity Community Affairs and by
  887  the Florida Housing Finance Corporation for the purposes for
  888  which the State Housing Trust Fund was created and exists by
  889  law.
  890         (b) Eighty-seven and one-half percent of that amount shall
  891  be distributed to the Local Government Housing Trust Fund and
  892  used for the purposes for which the Local Government Housing
  893  Trust Fund was created and exists by law. Funds from this
  894  category may also be used to provide for state and local
  895  services to assist the homeless.
  896         Section 16. Section 215.559, Florida Statutes, is amended
  897  to read:
  898         215.559 Hurricane Loss Mitigation Program.—
  899         (1) There is created A Hurricane Loss Mitigation Program is
  900  established in the Division of Emergency Management.
  901         (1) The Legislature shall annually appropriate $10 million
  902  of the moneys authorized for appropriation under s.
  903  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
  904  division Department of Community Affairs for the purposes set
  905  forth in this section. Of the amount:
  906         (2)(a) Seven million dollars in funds provided in
  907  subsection (1) shall be used for programs to improve the wind
  908  resistance of residences and mobile homes, including loans,
  909  subsidies, grants, demonstration projects, and direct
  910  assistance; educating persons concerning the Florida Building
  911  Code cooperative programs with local governments and the Federal
  912  Government; and other efforts to prevent or reduce losses or
  913  reduce the cost of rebuilding after a disaster.
  914         (b) Three million dollars in funds provided in subsection
  915  (1) shall be used to retrofit existing facilities used as public
  916  hurricane shelters. Each year the division shall department must
  917  prioritize the use of these funds for projects included in the
  918  annual report of the September 1, 2000, version of the Shelter
  919  Retrofit Report prepared in accordance with s. 252.385(3), and
  920  each annual report thereafter. The division department must give
  921  funding priority to projects in regional planning council
  922  regions that have shelter deficits and to projects that maximize
  923  the use of state funds.
  924         (2)(3)(a) Forty percent of the total appropriation in
  925  paragraph (1)(a)(2)(a) shall be used to inspect and improve tie
  926  downs for mobile homes.
  927         (b)1. There is created The Manufactured Housing and Mobile
  928  Home Mitigation and Enhancement Program is established. The
  929  program shall require the mitigation of damage to or the
  930  enhancement of homes for the areas of concern raised by the
  931  Department of Highway Safety and Motor Vehicles in the 2004-2005
  932  Hurricane Reports on the effects of the 2004 and 2005 hurricanes
  933  on manufactured and mobile homes in this state. The mitigation
  934  or enhancement must include, but need not be limited to,
  935  problems associated with weakened trusses, studs, and other
  936  structural components caused by wood rot or termite damage;
  937  site-built additions; or tie-down systems and may also address
  938  any other issues deemed appropriate by Tallahassee Community
  939  College, the Federation of Manufactured Home Owners of Florida,
  940  Inc., the Florida Manufactured Housing Association, and the
  941  Department of Highway Safety and Motor Vehicles. The program
  942  shall include an education and outreach component to ensure that
  943  owners of manufactured and mobile homes are aware of the
  944  benefits of participation.
  945         2. The program shall be a grant program that ensures that
  946  entire manufactured home communities and mobile home parks may
  947  be improved wherever practicable. The moneys appropriated for
  948  this program shall be distributed directly to Tallahassee
  949  Community College for the uses set forth under this subsection.
  950         3. Upon evidence of completion of the program, the Citizens
  951  Property Insurance Corporation shall grant, on a pro rata basis,
  952  actuarially reasonable discounts, credits, or other rate
  953  differentials or appropriate reductions in deductibles for the
  954  properties of owners of manufactured homes or mobile homes on
  955  which fixtures or construction techniques that have been
  956  demonstrated to reduce the amount of loss in a windstorm have
  957  been installed or implemented. The discount on the premium must
  958  be applied to subsequent renewal premium amounts. Premiums of
  959  the Citizens Property Insurance Corporation must reflect the
  960  location of the home and the fact that the home has been
  961  installed in compliance with building codes adopted after
  962  Hurricane Andrew. Rates resulting from the completion of the
  963  Manufactured Housing and Mobile Home Mitigation and Enhancement
  964  Program are not considered competitive rates for the purposes of
  965  s. 627.351(6)(d)1. and 2.
  966         4. On or before January 1 of each year, Tallahassee
  967  Community College shall provide a report of activities under
  968  this subsection to the Governor, the President of the Senate,
  969  and the Speaker of the House of Representatives. The report must
  970  set forth the number of homes that have taken advantage of the
  971  program, the types of enhancements and improvements made to the
  972  manufactured or mobile homes and attachments to such homes, and
  973  whether there has been an increase in availability of insurance
  974  products to owners of manufactured or mobile homes.
  975  
  976  Tallahassee Community College shall develop the programs set
  977  forth in this subsection in consultation with the Federation of
  978  Manufactured Home Owners of Florida, Inc., the Florida
  979  Manufactured Housing Association, and the Department of Highway
  980  Safety and Motor Vehicles. The moneys appropriated for the
  981  programs set forth in this subsection shall be distributed
  982  directly to Tallahassee Community College to be used as set
  983  forth in this subsection.
  984         (3)(4) Of moneys provided to the division Department of
  985  Community Affairs in paragraph (1)(a)(2)(a), 10 percent shall be
  986  allocated to the Florida International University center
  987  dedicated to hurricane research. The center shall develop a
  988  preliminary work plan approved by the advisory council set forth
  989  in subsection (4)(5) to eliminate the state and local barriers
  990  to upgrading existing mobile homes and communities, research and
  991  develop a program for the recycling of existing older mobile
  992  homes, and support programs of research and development relating
  993  to hurricane loss reduction devices and techniques for site
  994  built residences. The State University System also shall consult
  995  with the division Department of Community Affairs and assist the
  996  division department with the report required under subsection
  997  (6)(7).
  998         (4)(5) Except for the programs set forth in subsection
  999  (3)(4), the division Department of Community Affairs shall
 1000  develop the programs set forth in this section in consultation
 1001  with an advisory council consisting of a representative
 1002  designated by the Chief Financial Officer, a representative
 1003  designated by the Florida Home Builders Association, a
 1004  representative designated by the Florida Insurance Council, a
 1005  representative designated by the Federation of Manufactured Home
 1006  Owners, a representative designated by the Florida Association
 1007  of Counties, and a representative designated by the Florida
 1008  Manufactured Housing Association, and a representative
 1009  designated by the Florida Building Commission.
 1010         (5)(6) Moneys provided to the division Department of
 1011  Community Affairs under this section are intended to supplement,
 1012  not supplant, the division’s other funding sources of the
 1013  Department of Community Affairs and may not supplant other
 1014  funding sources of the Department of Community Affairs.
 1015         (6)(7) On January 1st of each year, the division Department
 1016  of Community Affairs shall provide a full report and accounting
 1017  of activities under this section and an evaluation of such
 1018  activities to the Speaker of the House of Representatives, the
 1019  President of the Senate, and the Majority and Minority Leaders
 1020  of the House of Representatives and the Senate. Upon completion
 1021  of the report, the division Department of Community Affairs
 1022  shall deliver the report to the Office of Insurance Regulation.
 1023  The Office of Insurance Regulation shall review the report and
 1024  shall make such recommendations available to the insurance
 1025  industry as the Office of Insurance Regulation deems
 1026  appropriate. These recommendations may be used by insurers for
 1027  potential discounts or rebates pursuant to s. 627.0629. The
 1028  Office of Insurance Regulation shall make such the
 1029  recommendations within 1 year after receiving the report.
 1030         (8)(a) Notwithstanding any other provision of this section
 1031  and for the 2010-2011 fiscal year only, the $3 million
 1032  appropriation provided for in paragraph (2)(b) may be used for
 1033  hurricane shelters as identified in the General Appropriations
 1034  Act.
 1035         (b) This subsection expires June 30, 2011.
 1036         (7)(9) This section is repealed June 30, 2021 2011.
 1037         Section 17. Section 288.005, Florida Statutes, is created
 1038  to read:
 1039         288.005Definitions.—As used in this chapter, the term:
 1040         (1) “Economic benefits” means the direct, indirect, and
 1041  induced gains in state revenues as a percentage of the state’s
 1042  investment. The state’s investment includes state grants, tax
 1043  exemptions, tax refunds, tax credits, and other state
 1044  incentives.
 1045         (2) “Department” means the Department of Economic
 1046  Opportunity.
 1047         (3) Executive director” means the executive director of
 1048  the Department of Economic Opportunity, unless otherwise stated.
 1049         Section 18. Section 288.061, Florida Statutes, is amended
 1050  to read:
 1051         288.061 Economic development incentive application
 1052  process.—
 1053         (1) Within 10 business days after Upon receiving a
 1054  submitted economic development incentive application, the
 1055  Division of Strategic Business Development of the Department of
 1056  Economic Opportunity and designated staff of Enterprise Florida,
 1057  Inc., shall review the application to ensure that the and inform
 1058  the applicant business whether or not its application is
 1059  complete, whether and what type of state and local permits may
 1060  be necessary for the applicant’s project, whether it is possible
 1061  to waive such permits, and what state incentives and amounts of
 1062  such incentives may be available to the applicant. The
 1063  department shall recommend to the executive director to approve
 1064  or disapprove an applicant business. If review of the
 1065  application demonstrates that the application is incomplete, the
 1066  executive director shall notify the applicant business within
 1067  the first 5 business days after receiving the application.
 1068  Within 10 business days after the application is deemed
 1069  complete, Enterprise Florida, Inc., shall evaluate the
 1070  application and recommend approval or disapproval of the
 1071  application to the director of the Office of Tourism, Trade, and
 1072  Economic Development. In recommending an applicant business for
 1073  approval, Enterprise Florida, Inc., shall include in its
 1074  evaluation a recommended grant award amount and a review of the
 1075  applicant’s ability to meet specific program criteria.
 1076         (2) Within 10 business 10 calendar days after the
 1077  department receives the submitted economic development incentive
 1078  application, the executive director shall approve or disapprove
 1079  the application and the Office of Tourism, Trade, and Economic
 1080  Development receives the evaluation and recommendation from
 1081  Enterprise Florida, Inc., the Office shall notify Enterprise
 1082  Florida, Inc., whether or not the application is reviewable.
 1083  Within 22 calendar days after the Office receives the
 1084  recommendation from Enterprise Florida, Inc., the director of
 1085  the Office shall review the application and issue a letter of
 1086  certification to the applicant which that approves or
 1087  disapproves an applicant business and includes a justification
 1088  of that decision, unless the business requests an extension of
 1089  that time.
 1090         (a) The contract or agreement with the applicant final
 1091  order shall specify the total amount of the award, the
 1092  performance conditions that must be met to obtain the award, and
 1093  the schedule for payment, and sanctions that would apply for
 1094  failure to meet performance conditions. The department may enter
 1095  into one agreement or contract covering all of the state
 1096  incentives that are being provided to the applicant. The
 1097  contract must provide that release of funds is contingent upon
 1098  sufficient appropriation of funds by the Legislature.
 1099         (b) The release of funds for the incentive or incentives
 1100  awarded to the applicant depends upon the statutory requirements
 1101  of the particular incentive program.
 1102         (3) The department shall validate contractor performance.
 1103  Such validation shall be reported in the annual incentive report
 1104  required under s. 288.907.
 1105         Section 19. Section 288.095, Florida Statutes, is amended
 1106  to read:
 1107         288.095 Economic Development Trust Fund.—
 1108         (1) The Economic Development Trust Fund is created within
 1109  the Department of Economic Opportunity Office of Tourism, Trade,
 1110  and Economic Development. Moneys deposited into the fund must be
 1111  used only to support the authorized activities and operations of
 1112  the department Office.
 1113         (2) There is created, within the Economic Development Trust
 1114  Fund, the Economic Development Incentives Account. The Economic
 1115  Development Incentives Account consists of moneys appropriated
 1116  to the account for purposes of the tax incentives programs
 1117  authorized under ss. 288.1045 and 288.106, and local financial
 1118  support provided under ss. 288.1045 and 288.106. Moneys in the
 1119  Economic Development Incentives Account shall be subject to the
 1120  provisions of s. 216.301(1)(a).
 1121         (3)(a) The department Office of Tourism, Trade, and
 1122  Economic Development may approve applications for certification
 1123  pursuant to ss. 288.1045(3) and 288.106. However, the total
 1124  state share of tax refund payments scheduled in all active
 1125  certifications for fiscal year 2001-2002 may not exceed $30
 1126  million. The total for each subsequent fiscal year may not
 1127  exceed $35 million.
 1128         (b) The total amount of tax refund claims approved for
 1129  payment by the department Office of Tourism, Trade, and Economic
 1130  Development based on actual project performance may not exceed
 1131  the amount appropriated to the Economic Development Incentives
 1132  Account for such purposes for the fiscal year. Claims for tax
 1133  refunds under ss. 288.1045 and 288.106 shall be paid in the
 1134  order the claims are approved by the department Office of
 1135  Tourism, Trade, and Economic Development. In the event the
 1136  Legislature does not appropriate an amount sufficient to satisfy
 1137  the tax refunds under ss. 288.1045 and 288.106 in a fiscal year,
 1138  the department Office of Tourism, Trade, and Economic
 1139  Development shall pay the tax refunds from the appropriation for
 1140  the following fiscal year. By March 1 of each year, the
 1141  department Office of Tourism, Trade, and Economic Development
 1142  shall notify the legislative appropriations committees of the
 1143  Senate and House of Representatives of any anticipated shortfall
 1144  in the amount of funds needed to satisfy claims for tax refunds
 1145  from the appropriation for the current fiscal year.
 1146         (c) Pursuant to s. 288.907 By December 31 of each year,
 1147  Enterprise Florida, Inc., shall submit a complete and detailed
 1148  annual report to the Governor, the President of the Senate, and
 1149  the Speaker of the House of Representatives, and the director of
 1150  the Office of Tourism, Trade, and Economic Development of all
 1151  applications received, recommendations made to the department
 1152  Office of Tourism, Trade, and Economic Development, final
 1153  decisions issued, tax refund agreements executed, and tax
 1154  refunds paid or other payments made under all programs funded
 1155  out of the Economic Development Incentives Account, including
 1156  analyses of benefits and costs, types of projects supported, and
 1157  employment and investment created. The department Enterprise
 1158  Florida, Inc., shall also include a separate analysis of the
 1159  impact of such tax refunds on state enterprise zones designated
 1160  pursuant to s. 290.0065, rural communities, brownfield areas,
 1161  and distressed urban communities. The report must also discuss
 1162  the efforts made by the department Office of Tourism, Trade, and
 1163  Economic Development to amend tax refund agreements to require
 1164  tax refund claims to be submitted by January 31 for the net new
 1165  full-time equivalent jobs in this state as of December 31 of the
 1166  preceding calendar year. The report must also list the name and
 1167  tax refund amount for each business that has received a tax
 1168  refund under s. 288.1045 or s. 288.106 during the preceding
 1169  fiscal year. The Office of Tourism, Trade, and Economic
 1170  Development shall assist Enterprise Florida, Inc., in the
 1171  collection of data related to business performance and incentive
 1172  payments.
 1173         (d) Moneys in the Economic Development Incentives Account
 1174  may be used only to pay tax refunds and make other payments
 1175  authorized under s. 288.1045, s. 288.106, or s. 288.107.
 1176         (e) The department Office of Tourism, Trade, and Economic
 1177  Development may adopt rules necessary to carry out the
 1178  provisions of this subsection, including rules providing for the
 1179  use of moneys in the Economic Development Incentives Account and
 1180  for the administration of the Economic Development Incentives
 1181  Account.
 1182         Section 20. Paragraph (b) of subsection (3), and
 1183  subsections (1), (5), (7), and (8) of section 288.1081, Florida
 1184  Statutes, are amended to read:
 1185         288.1081 Economic Gardening Business Loan Pilot Program.—
 1186         (1) There is created within the department Office of
 1187  Tourism, Trade, and Economic Development the Economic Gardening
 1188  Business Loan Pilot Program. The purpose of the pilot program is
 1189  to stimulate investment in Florida’s economy by providing loans
 1190  to expanding businesses in the state. As used in this section,
 1191  the term “office” means the Office of Tourism, Trade, and
 1192  Economic Development.
 1193         (3)
 1194         (b) A loan applicant must submit a written application to
 1195  the loan administrator in the format prescribed by the loan
 1196  administrator. The application must include:
 1197         1. The applicant’s federal employer identification number,
 1198  unemployment account number, and sales or other tax registration
 1199  number.
 1200         2. The street address of the applicant’s principal place of
 1201  business in this state.
 1202         3. A description of the type of economic activity, product,
 1203  or research and development undertaken by the applicant,
 1204  including the six-digit North American Industry Classification
 1205  System code for each type of economic activity conducted by the
 1206  applicant.
 1207         4. The applicant’s annual revenue, number of employees,
 1208  number of full-time equivalent employees, and other information
 1209  necessary to verify the applicant’s eligibility for the pilot
 1210  program under s. 288.1082(4)(a).
 1211         5. The projected investment in the business, if any, which
 1212  the applicant proposes in conjunction with the loan.
 1213         6. The total investment in the business from all sources,
 1214  if any, which the applicant proposes in conjunction with the
 1215  loan.
 1216         7. The number of net new full-time equivalent jobs that, as
 1217  a result of the loan, the applicant proposes to create in this
 1218  state as of December 31 of each year and the average annual wage
 1219  of the proposed jobs.
 1220         8. The total number of full-time equivalent employees the
 1221  applicant currently employs in this state.
 1222         9. The date that the applicant anticipates it needs the
 1223  loan.
 1224         10. A detailed explanation of why the loan is needed to
 1225  assist the applicant in expanding jobs in the state.
 1226         11. A statement that all of the applicant’s available
 1227  corporate assets are pledged as collateral for the amount of the
 1228  loan.
 1229         12. A statement that the applicant, upon receiving the
 1230  loan, agrees not to seek additional long-term debt without prior
 1231  approval of the loan administrator.
 1232         13. A statement that the loan is a joint obligation of the
 1233  business and of each person who owns at least 20 percent of the
 1234  business.
 1235         14. Any additional information requested by the department
 1236  office or the loan administrator.
 1237         (5)(a) The department Office may designate one or more
 1238  qualified entities to serve as loan administrators for the pilot
 1239  program. A loan administrator must:
 1240         1. Be a Florida corporation not for profit incorporated
 1241  under chapter 617 which has its principal place of business in
 1242  the state.
 1243         2. Have 5 years of verifiable experience of lending to
 1244  businesses in this state.
 1245         3. Submit an application to the department Office on forms
 1246  prescribed by the department Office. The application must
 1247  include the loan administrator’s business plan for its proposed
 1248  lending activities under the pilot program, including, but not
 1249  limited to, a description of its outreach efforts, underwriting,
 1250  credit policies and procedures, credit decision processes,
 1251  monitoring policies and procedures, and collection practices;
 1252  the membership of its board of directors; and samples of its
 1253  currently used loan documentation. The application must also
 1254  include a detailed description and supporting documentation of
 1255  the nature of the loan administrator’s partnerships with local
 1256  or regional economic and business development organizations.
 1257         (b) The department Office, upon selecting a loan
 1258  administrator, shall enter into a grant agreement with the
 1259  administrator to issue the available loans to eligible
 1260  applicants. The grant agreement must specify the aggregate
 1261  amount of the loans authorized for award by the loan
 1262  administrator. The term of the grant agreement must be at least
 1263  4 years, except that the department Office may terminate the
 1264  agreement earlier if the loan administrator fails to meet
 1265  minimum performance standards set by the department office. The
 1266  grant agreement may be amended by mutual consent of both
 1267  parties.
 1268         (c) The department Office shall disburse from the Economic
 1269  Development Trust Fund to the loan administrator the
 1270  appropriations provided for the pilot program. Disbursements to
 1271  the loan administrator must not exceed the aggregate amount of
 1272  the loans authorized in the grant agreement. The department
 1273  Office may not disburse more than 50 percent of the aggregate
 1274  amount of the loans authorized in the grant agreement until the
 1275  department Office verifies the borrowers’ use of the loan
 1276  proceeds and the loan administrator’s successful credit
 1277  decisionmaking policies.
 1278         (d) A loan administrator is entitled to receive a loan
 1279  origination fee, payable at closing, of 1 percent of each loan
 1280  issued by the loan administrator and a servicing fee of 0.625
 1281  percent per annum of the loan’s outstanding principal balance,
 1282  payable monthly. During the first 12 months of the loan, the
 1283  servicing fee shall be paid from the disbursement from the
 1284  Economic Development Trust Fund, and thereafter the loan
 1285  administrator shall collect the servicing fee from the payments
 1286  made by the borrower, charging the fee against repayments of
 1287  principal.
 1288         (e) A loan administrator, after collecting the servicing
 1289  fee in accordance with paragraph (d), shall remit the borrower’s
 1290  collected interest, principal payments, and charges for late
 1291  payments to the department office on a quarterly basis. If the
 1292  borrower defaults on the loan, the loan administrator shall
 1293  initiate collection efforts to seek repayment of the loan. The
 1294  loan administrator, upon collecting payments for a defaulted
 1295  loan, shall remit the payments to the department office but, to
 1296  the extent authorized in the grant agreement, may deduct the
 1297  costs of the administrator’s collection efforts. The department
 1298  office shall deposit all funds received under this paragraph in
 1299  the General Revenue Fund.
 1300         (f) A loan administrator shall submit quarterly reports to
 1301  the department Office which include the information required in
 1302  the grant agreement. A quarterly report must include, at a
 1303  minimum, the number of full-time equivalent jobs created as a
 1304  result of the loans, the amount of wages paid to employees in
 1305  the newly created jobs, and the locations and types of economic
 1306  activity undertaken by the borrowers.
 1307         (7) The department Office shall adopt rules under ss.
 1308  120.536(1) and 120.54 to administer this section. To the extent
 1309  necessary to expedite implementation of the pilot program, the
 1310  Office may adopt initial emergency rules for the pilot program
 1311  in accordance with s. 120.54(4).
 1312         (8) On June 30 and December 31 of each year, the department
 1313  beginning in 2009, the Office shall submit a report to the
 1314  Governor, the President of the Senate, and the Speaker of the
 1315  House of Representatives which describes in detail the use of
 1316  the loan funds. The report must include, at a minimum, the
 1317  number of businesses receiving loans, the number of full-time
 1318  equivalent jobs created as a result of the loans, the amount of
 1319  wages paid to employees in the newly created jobs, the locations
 1320  and types of economic activity undertaken by the borrowers, the
 1321  amounts of loan repayments made to date, and the default rate of
 1322  borrowers.
 1323         Section 21. Paragraph (b) of subsection (5) and subsections
 1324  (1), (2), (7), (8), and (9) of section 288.1082, Florida
 1325  Statutes, are amended to read:
 1326         288.1082 Economic Gardening Technical Assistance Pilot
 1327  Program.—
 1328         (1) There is created within the department Office of
 1329  Tourism, Trade, and Economic Development the Economic Gardening
 1330  Technical Assistance Pilot Program. The purpose of the pilot
 1331  program is to stimulate investment in Florida’s economy by
 1332  providing technical assistance for expanding businesses in the
 1333  state. As used in this section, the term “Office” means the
 1334  Office of Tourism, Trade, and Economic Development.
 1335         (2) The department Office shall contract with one or more
 1336  entities to administer the pilot program under this section. The
 1337  department Office shall award each contract in accordance with
 1338  the competitive bidding requirements in s. 287.057 to an entity
 1339  that demonstrates the ability to implement the pilot program on
 1340  a statewide basis, has an outreach plan, and has the ability to
 1341  provide counseling services, access to technology and
 1342  information, marketing services and advice, business management
 1343  support, and other similar services. In selecting these
 1344  entities, the department Office also must consider whether the
 1345  entities will qualify for matching funds to provide the
 1346  technical assistance.
 1347         (5)
 1348         (b) The department office or the contracted entity
 1349  administering the pilot program may prescribe in the agreement
 1350  additional reporting requirements that are necessary to track
 1351  the progress of the business and monitor the business’s
 1352  implementation of the assistance. The contracted entity shall
 1353  report the information to the department office on a quarterly
 1354  basis.
 1355         (7) The department Office shall review the progress of the
 1356  a contracted entity administering the pilot program at least
 1357  once each 6 months and shall determine whether the contracted
 1358  entity is meeting its contractual obligations for administering
 1359  the pilot program. The department Office may terminate and rebid
 1360  a contract if the contracted entity does not meet its
 1361  contractual obligations.
 1362         (8) On December 31 of each year, the department beginning
 1363  in 2009, the Office shall submit a report to the Governor, the
 1364  President of the Senate, and the Speaker of the House of
 1365  Representatives which describes in detail the progress of the
 1366  pilot program. The report must include, at a minimum, the number
 1367  of businesses receiving assistance, the number of full-time
 1368  equivalent jobs created as a result of the assistance, if any,
 1369  the amount of wages paid to employees in the newly created jobs,
 1370  and the locations and types of economic activity undertaken by
 1371  the businesses.
 1372         (9) The department Office may adopt rules under ss.
 1373  120.536(1) and 120.54 to administer this section.
 1374         Section 22. Section 288.901, Florida Statutes, is amended
 1375  to read:
 1376         (Substantial rewording of section. See
 1377         s. 288.901, F.S., for present text.)
 1378         288.901Enterprise Florida, Inc.—
 1379         (1)CREATION.—
 1380         (a) There is created a nonprofit corporation, to be known
 1381  as “Enterprise Florida, Inc.,” which shall be registered,
 1382  incorporated, organized, and operated in compliance with chapter
 1383  617, and which is not a unit or entity of state government.
 1384         (b) The Legislature determines it is in the public interest
 1385  and reflects the state’s public policy that Enterprise Florida,
 1386  Inc., operate in the most open and accessible manner consistent
 1387  with its public purposes. To this end, the Legislature
 1388  specifically declares that Enterprise Florida, Inc., and its
 1389  divisions, boards, and advisory councils, or similar entities
 1390  created or managed by Enterprise Florida, Inc., are subject to
 1391  the provisions of chapter 119, relating to public records and
 1392  those provisions of chapter 286 relating to public meetings and
 1393  records.
 1394         (c) The Legislature determines that it is in the public
 1395  interest for the members of Enterprise Florida, Inc., board of
 1396  directors to be subject to the requirements of ss. 112.3135,
 1397  112.3143, and 112.313, excluding s. 112.313(2), notwithstanding
 1398  the fact that the board members are not public officers or
 1399  employees. For purposes of those sections, the board members
 1400  shall be considered to be public officers or employees. The
 1401  exemption set forth in s. 112.313(12) for advisory boards
 1402  applies to the members of Enterprise Florida, Inc., board of
 1403  directors. Further, each member of the board of directors who is
 1404  not otherwise required to file financial disclosures pursuant to
 1405  s. 8, Art. II of the State Constitution or s. 112.3144, shall
 1406  file disclosure of financial interests pursuant to s. 112.3145.
 1407         (2) PURPOSES.—Enterprise Florida, Inc., shall act as the
 1408  economic-development organization for the state, utilizing
 1409  private-sector and public-sector expertise in collaboration with
 1410  the department to:
 1411         (a) Increase private investment in Florida;
 1412         (b) Advance international and domestic trade opportunities;
 1413         (c) Market the state both as a pro-business location for
 1414  new investment and as an unparalleled tourist destination;
 1415         (d) Revitalize Florida’s space and aerospace industries,
 1416  and promote emerging complementary industries;
 1417         (e) Promote opportunities for minority-owned businesses;
 1418  and
 1419         (f) Assist and market professional and amateur sport teams
 1420  and sporting events in Florida.
 1421         (g) Assist, promote, and enhance economic opportunities in
 1422  this state’s rural and urban communities.
 1423         (3) PERFORMANCE.—Enterprise Florida, Inc., shall enter into
 1424  a performance-based contract with the department, pursuant to s.
 1425  20.60, which includes annual measurements of the performance of
 1426  Enterprise Florida, Inc.
 1427         (4) GOVERNANCE.—Enterprise Florida, Inc., shall be governed
 1428  by a board of directors. The Governor shall serve as chairperson
 1429  of the board. The board of directors shall biennially elect one
 1430  of its members as vice chairperson.
 1431         (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
 1432         (a) In addition to the Governor or the Governor’s designee,
 1433  the board of directors shall consist of the following appointed
 1434  members:
 1435         1. The Commissioner of Education or the commissioner’s
 1436  designee.
 1437         2. The Chief Financial Officer or his or her designee.
 1438         3. The chairperson of the board of directors of Workforce
 1439  Florida, Inc.
 1440         4. The Secretary of State or the secretary’s designee.
 1441         5. Twelve members from the private sector, six of whom
 1442  shall be appointed by the Governor, three of whom shall be
 1443  appointed by the President of the Senate, and three of whom
 1444  shall be appointed by the Speaker of the House of
 1445  Representatives. All appointees are subject to Senate
 1446  confirmation.
 1447         (b) In making their appointments, the Governor, the
 1448  President of the Senate, and the Speaker of the House of
 1449  Representatives shall ensure that the composition of the board
 1450  of directors reflects the diversity of Florida’s business
 1451  community and is representative of the economic development
 1452  goals in subsection (2). The board must include at least one
 1453  director for each of the following areas of expertise:
 1454  international business, tourism marketing, the space or
 1455  aerospace industry, managing or financing a minority-owned
 1456  business, manufacturing, finance and accounting, and sports
 1457  marketing.
 1458         (c) The Governor, the President of the Senate, and the
 1459  Speaker of the House of Representatives also shall consider
 1460  appointees who reflect Florida’s racial, ethnic, and gender
 1461  diversity. Efforts shall be taken to ensure participation from
 1462  all geographic areas of the state, including representation from
 1463  urban and rural communities.
 1464         (d) Appointed members shall be appointed to 4-year terms,
 1465  except that initially, to provide for staggered terms, the
 1466  Governor, the President of the Senate, and the Speaker of the
 1467  House of Representatives shall each appoint one member to serve
 1468  a 2-year term and one member to serve a 3-year term, with the
 1469  remaining initial appointees serving 4-year terms. All
 1470  subsequent appointments shall be for 4-year terms.
 1471         (e) Initial appointments must be made by October 1, 2011,
 1472  and be eligible for confirmation at the earliest available
 1473  Senate session. Terms end on September 30.
 1474         (f) Any member is eligible for reappointment, except that a
 1475  member may not serve more than two terms.
 1476         (g)A vacancy on the board of directors shall be filled for
 1477  the remainder of the unexpired term. Vacancies on the board
 1478  shall be filled by appointment by the Governor, the President of
 1479  the Senate, or the Speaker of the House of Representatives,
 1480  respectively, depending on who appointed the member whose
 1481  vacancy is to be filled or whose term has expired.
 1482         (h) Appointed members may be removed by the Governor, the
 1483  President of the Senate, or the Speaker of the House of
 1484  Representatives, respectively, for cause. Absence from three
 1485  consecutive meetings results in automatic removal.
 1486         (6) AT-LARGE MEMBERS OF THE BOARD OF DIRECTORS.—The board
 1487  of directors may by resolution appoint at-large members to the
 1488  board from the private sector, each of whom may serve a term of
 1489  up to 3 years. At-large members shall have the powers and duties
 1490  of other members of the board. An at-large member is eligible
 1491  for reappointment but may not vote on his or her own
 1492  reappointment. An at-large member shall be eligible to fill
 1493  vacancies occurring among private-sector appointees under
 1494  subsection (5). At-large members may annually provide
 1495  contributions to Enterprise Florida, Inc., in an amount
 1496  determined by the board of directors. The contributions must be
 1497  used to defray the operating expenses of Enterprise Florida,
 1498  Inc., and help meet the required private match to the state’s
 1499  annual appropriation.
 1500         (7)EX OFFICIO BOARD MEMBERS.—In addition to the members
 1501  specified in subsections (5) and (6), the board of directors
 1502  shall consist of the following ex officio members:
 1503         (a) A member of the Senate, who shall be appointed by the
 1504  President of the Senate and serve at the pleasure of the
 1505  President.
 1506         (b) A member of the House of Representatives, who shall be
 1507  appointed by the Speaker of the House of Representatives and
 1508  serve at the pleasure of the Speaker.
 1509         (8)MEETING.—The board of directors shall meet at least
 1510  four times each year, upon the call of the chairperson, at the
 1511  request of the vice chairperson, or at the request of a majority
 1512  of the membership. A majority of the total number of current
 1513  voting members shall constitute a quorum. The board of directors
 1514  may take official action by a majority vote of the members
 1515  present at any meeting at which a quorum is present.
 1516         (9) SERVICE.—Members of the board of directors shall serve
 1517  without compensation, but members may be reimbursed for all
 1518  reasonable, necessary, and actual expenses, as determined by the
 1519  board of directors.
 1520         (10) PROHIBITION.—Enterprise Florida, Inc., may not endorse
 1521  any candidate for any elected public office or contribute moneys
 1522  to the campaign of any such candidate.
 1523         Section 23. Section 288.9015, Florida Statutes, is amended
 1524  to read:
 1525         (Substantial rewording of section. See
 1526         s. 288.9015, F.S., for present text.)
 1527         288.9015Powers of Enterprise Florida, Inc.; board of
 1528  directors.—
 1529         (1) Enterprise Florida, Inc., shall integrate its efforts
 1530  in business recruitment and expansion, job creation, marketing
 1531  the state for tourism and sports, and promoting economic
 1532  opportunities for minority-owned businesses and promoting
 1533  economic opportunities for rural and distressed urban
 1534  communities with those of the department, to create an
 1535  aggressive, agile, and collaborative effort to reinvigorate the
 1536  state’s economy.
 1537         (2) The board of directors of Enterprise Florida, Inc.,
 1538  may:
 1539         (a) Secure funding for its programs and activities, and for
 1540  its boards from federal, state, local, and private sources and
 1541  from fees charged for services and published materials.
 1542         (b) Solicit, receive, hold, invest, and administer any
 1543  grant, payment, or gift of funds or property and make
 1544  expenditures consistent with the powers granted to it.
 1545         (c) Make and enter into contracts and other instruments
 1546  necessary or convenient for the exercise of its powers and
 1547  functions. A contract executed by Enterprise Florida, Inc., with
 1548  a person or organization under which such person or organization
 1549  agrees to perform economic development services or similar
 1550  business assistance services on behalf of Enterprise Florida,
 1551  Inc., or the state must include provisions requiring a
 1552  performance report on the contracted activities and must account
 1553  for the proper use of funds provided under the contract,
 1554  coordinate with other components of state and local economic
 1555  development systems, and avoid duplication of existing state and
 1556  local services and activities.
 1557         (d) Elect or appoint such officers, employees, and agents
 1558  as required for its activities and for its divisions and pay
 1559  such persons reasonable compensation.
 1560         (e) Carry forward any unexpended state appropriations into
 1561  succeeding fiscal years.
 1562         (f) Create and dissolve advisory councils pursuant to s.
 1563  288.92, working groups, task forces, or similar organizations,
 1564  as necessary to carry out its mission. Members of advisory
 1565  councils, working groups, task forces, or similar organizations
 1566  created by Enterprise Florida, Inc., shall serve without
 1567  compensation, but may be reimbursed for reasonable, necessary,
 1568  and actual expenses, as determined by the board of directors of
 1569  Enterprise Florida, Inc.
 1570         (g) Establish an executive committee consisting of the
 1571  chairperson or a designee, the vice chairperson, and as many
 1572  additional members of the board of directors as the board deems
 1573  appropriate, except that such committee must have a minimum of
 1574  five members. The executive committee shall have such authority
 1575  as the board of directors delegates to it, except that the board
 1576  may not delegate the authority to hire or fire the president or
 1577  the authority to establish or adjust the compensation paid to
 1578  the president.
 1579         (h) Sue and be sued, and appear and defend in all actions
 1580  and proceedings, in its corporate name to the same extent as a
 1581  natural person.
 1582         (i) Adopt, use, and alter a common corporate seal for
 1583  Enterprise Florida, Inc., and its divisions. Notwithstanding any
 1584  provision of chapter 617 to the contrary, this seal is not
 1585  required to contain the words “corporation not for profit.”
 1586         (j) Adopt, amend, and repeal bylaws, not inconsistent with
 1587  the powers granted to it or the articles of incorporation, for
 1588  the administration of the activities Enterprise Florida, Inc.,
 1589  and the exercise of its corporate powers.
 1590         (k) Acquire, enjoy, use, and dispose of patents,
 1591  copyrights, and trademarks and any licenses, royalties, and
 1592  other rights or interests thereunder or therein.
 1593         (l) Use the state seal, notwithstanding the provisions of
 1594  s. 15.03, when appropriate, for standard corporate identity
 1595  applications. Use of the state seal is not intended to replace
 1596  use of a corporate seal as provided in this section.
 1597         (m) Procure insurance or require bond against any loss in
 1598  connection with the property of Enterprise Florida, Inc., and
 1599  its divisions, in such amounts and from such insurers as is
 1600  necessary or desirable.
 1601         (3) The powers granted to Enterprise Florida, Inc., shall
 1602  be liberally construed in order that Enterprise Florida, Inc.,
 1603  may pursue and succeed in its responsibilities under this part.
 1604         (4) Under no circumstances may the credit of the State of
 1605  Florida be pledged on behalf of Enterprise Florida, Inc.
 1606         (5) In addition to any indemnification available under
 1607  chapter 617, Enterprise Florida, Inc., may indemnify, and
 1608  purchase and maintain insurance on behalf of, it directors,
 1609  officers, and employees of Enterprise Florida, Inc., and its
 1610  divisions against any personal liability or accountability by
 1611  reason of actions taken while acting within the scope of their
 1612  authority.
 1613         Section 24. Section 288.903, Florida Statutes, is amended
 1614  to read:
 1615         (Substantial rewording of section. See
 1616         s. 288.903, F.S., for present text.)
 1617         288.903 Duties of Enterprise Florida, Inc.—Enterprise
 1618  Florida, Inc., shall have the following duties:
 1619         (1) Responsibly and prudently manage all public and private
 1620  funds received, and ensure that the use of such funds is in
 1621  accordance with all applicable laws, bylaws, or contractual
 1622  requirements.
 1623         (2) Administer the entities or programs created pursuant to
 1624  part IX of this chapter; ss. 288.9622-288.9624; ss. 288.95155
 1625  and 288.9519; and chapter 95-429, Laws of Florida, line 1680Y.
 1626         (3) Prepare an annual report pursuant to s. 288.906 and an
 1627  annual incentives report pursuant to s. 288.907.
 1628         (4) Assist the department with the development of an annual
 1629  and a long-range strategic business blueprint for economic
 1630  development required in s. 20.60.
 1631         (5) In coordination with Workforce Florida, Inc., identify
 1632  education and training programs that will ensure Florida
 1633  businesses have access to a skilled and competent workforce
 1634  necessary to compete successfully in the domestic and global
 1635  marketplace.
 1636         Section 25. Section 288.904, Florida Statutes, is amended
 1637  to read:
 1638         (Substantial rewording of section. See
 1639         s. 288.904, F.S., for present text.)
 1640         288.904 Funding for Enterprise Florida, Inc.; performance
 1641  and return on the public’s investment.—
 1642         (1)(a) The Legislature may annually appropriate to
 1643  Enterprise Florida, Inc., a sum of money for its operations, and
 1644  separate line-item appropriations for each of the divisions
 1645  listed in s. 288.92.
 1646         (b) The state’s operating investment in Enterprise Florida,
 1647  Inc., and its divisions is the budget contracted by the
 1648  department to Enterprise Florida, Inc., less any funding that is
 1649  directed by the Legislature to be subcontracted to a specific
 1650  recipient entity.
 1651         (c) The board of directors of Enterprise Florida, Inc.,
 1652  shall adopt for each upcoming fiscal year an operating budget
 1653  for the organization, including its divisions, which specifies
 1654  the intended uses of the state’s operating investment and a plan
 1655  for securing private-sector support.
 1656         (2)(a) The Legislature finds that it is a priority to
 1657  maximize private-sector support in operating Enterprise Florida,
 1658  Inc., and its divisions, as an endorsement of its value and as
 1659  an enhancement of its efforts. Thus, the state appropriations
 1660  must be matched with private-sector support equal to at least
 1661  100 percent of the state operational funding.
 1662         (b) Private-sector support in operating Enterprise Florida,
 1663  Inc., and its divisions includes:
 1664         1. Cash given directly to Enterprise Florida, Inc., for its
 1665  operations, including contributions from at-large members of the
 1666  board of directors;
 1667         2. Cash donations from organizations assisted by the
 1668  divisions;
 1669         3. Cash jointly raised by Enterprise Florida, Inc., and a
 1670  private local economic development organization, a group of such
 1671  organizations, or a statewide private business organization that
 1672  supports collaborative projects;
 1673         4. Cash generated by fees charged for products or services
 1674  of Enterprise Florida, Inc., and its divisions by sponsorship of
 1675  events, missions, programs, and publications; and
 1676         5. Copayments, stock, warrants, royalties, or other private
 1677  resources dedicated to Enterprise Florida, Inc., or its
 1678  divisions.
 1679         (3)(a) Specifically for the marketing and advertising
 1680  activities of the Division of Tourism Marketing or as contracted
 1681  through the Florida Tourism Industry Corporation, a one-to-one
 1682  match is required of private to public contributions within 4
 1683  calendar years after the implementation date of the marketing
 1684  plan pursuant to s. 288.923.
 1685         (b) For purposes of calculating the required one-to-one
 1686  match, matching private funds shall be divided into four
 1687  categories. Documentation for the components of the four private
 1688  match categories shall be kept on file for inspection as
 1689  determined necessary. The four private match categories are:
 1690         1. Direct cash contributions, which include, but are not
 1691  limited to, cash derived from strategic alliances, contributions
 1692  of stocks and bonds, and partnership contributions.
 1693         2. Fees for services, which include, but are not limited
 1694  to, event participation, research, and brochure placement and
 1695  transparencies.
 1696         3. Cooperative advertising, which is the value based on
 1697  cost of contributed productions, air time, and print space.
 1698         4. In-kind contributions, which include, but are not
 1699  limited to, the value of strategic alliance services
 1700  contributed, the value of loaned employees, discounted service
 1701  fees, items contributed for use in promotions, and radio or
 1702  television air time or print space for promotions. The value of
 1703  air time or print space shall be calculated by taking the actual
 1704  time or space and multiplying by the nonnegotiated unit price
 1705  for that specific time or space which is known as the media
 1706  equivalency value. In order to avoid duplication in determining
 1707  media equivalency value, only the value of the promotion itself
 1708  shall be included; the value of the items contributed for the
 1709  promotion may not be included.
 1710         (4) Enterprise Florida, Inc., shall fully comply with the
 1711  performance measures, standards, and sanctions in its contract
 1712  with the department, under s. 20.60. The department shall
 1713  ensure, to the maximum extent possible, that the contract
 1714  performance measures are consistent with performance measures
 1715  that it is required to develop and track under performance-based
 1716  program budgeting. The contract shall also include performance
 1717  measures for the divisions.
 1718         (5) The Legislature intends to review the performance of
 1719  Enterprise Florida, Inc., in achieving the performance goals
 1720  stated in its annual contract with the department to determine
 1721  whether the public is receiving a positive return on its
 1722  investment in Enterprise Florida, Inc., and its divisions. It
 1723  also is the intent of the Legislature that Enterprise Florida,
 1724  Inc., coordinate its operations with local economic development
 1725  organizations to maximize the state and local return on
 1726  investment to create jobs for Floridians.
 1727         (6) As part of the annual report required under s. 288.906,
 1728  Enterprise Florida, Inc., shall provide the Legislature with
 1729  information quantifying the return on the public’s investment
 1730  each fiscal year. Enterprise Florida, Inc., in consultation with
 1731  the Office of Economic and Demographic Research, shall hire an
 1732  economic analysis firm to develop the methodology for
 1733  establishing and reporting the return on the public’s investment
 1734  and in-kind contributions as described in this section. The
 1735  Office of Economic and Demographic Research shall review and
 1736  offer feedback on the methodology before it is implemented.
 1737         Section 26. Section 288.905, Florida Statutes, is amended
 1738  to read:
 1739         (Substantial rewording of section. See
 1740         s. 288.905, F.S., for present text.)
 1741         288.905President and employees of Enterprise Florida,
 1742  Inc.—
 1743         (1) The board of directors of Enterprise Florida, Inc.,
 1744  shall appoint a president, who shall serve at the pleasure of
 1745  the Governor. The president shall also be known as the
 1746  “secretary of commerce” and shall serve as the Governor’s chief
 1747  negotiator for business recruitment and business expansion.
 1748         (2)The president is the chief administrative and
 1749  operational officer of the board of directors and of Enterprise
 1750  Florida, Inc., and shall direct and supervise the administrative
 1751  affairs of the board of directors and any divisions, councils,
 1752  or boards. The board of directors may delegate to the president
 1753  those powers and responsibilities it deems appropriate,
 1754  including hiring and management of all staff, except for the
 1755  appointment of a president.
 1756         (3) The board of directors shall establish and adjust the
 1757  president’s compensation.
 1758         (4) No employee of Enterprise Florida, Inc., may receive
 1759  compensation for employment that exceeds the salary paid to the
 1760  Governor, unless the board of directors and the employee have
 1761  executed a contract that prescribes specific, measurable
 1762  performance outcomes for the employee, the satisfaction of which
 1763  provides the basis for the award of incentive payments that
 1764  increase the employee’s total compensation to a level above the
 1765  salary paid to the Governor.
 1766         Section 27. Section 288.906, Florida Statutes, is amended
 1767  to read:
 1768         288.906 Annual report of Enterprise Florida, Inc., and its
 1769  divisions; audits.—
 1770         (1) Before Prior to December 1 of each year, Enterprise
 1771  Florida, Inc., shall submit to the Governor, the President of
 1772  the Senate, the Speaker of the House of Representatives, the
 1773  Senate Minority Leader, and the House Minority Leader a complete
 1774  and detailed report including, but not limited to:
 1775         (a)(1) A description of the operations and accomplishments
 1776  of Enterprise Florida, Inc., and its divisions, boards, and
 1777  advisory councils committees or similar entities groups created
 1778  by Enterprise Florida, Inc., and an identification of any major
 1779  trends, initiatives, or developments affecting the performance
 1780  of any program or activity. The individual annual reports
 1781  prepared by each division shall be included as addenda.
 1782         (b)(2) An evaluation of progress toward towards achieving
 1783  organizational goals and specific performance outcomes, both
 1784  short-term and long-term, established pursuant to this part or
 1785  under the agreement with the department s. 288.905.
 1786         (c)(3) Methods for implementing and funding the operations
 1787  of Enterprise Florida, Inc., and its divisions, including the
 1788  private-sector support required under s. 288.904 boards.
 1789         (d)(4) A description of the operations and accomplishments
 1790  of Enterprise Florida, Inc., and its divisions boards with
 1791  respect to aggressively marketing Florida’s rural communities
 1792  and distressed urban communities as locations for potential new
 1793  investment and job creation, aggressively assisting in the
 1794  creation, retention, and expansion of existing businesses and
 1795  job growth in these communities, and aggressively assisting
 1796  these communities in the identification and development of new
 1797  economic development opportunities.
 1798         (e)(5) A description and evaluation of the operations and
 1799  accomplishments of Enterprise Florida, Inc., and its divisions
 1800  boards with respect to interaction with local and private
 1801  economic development organizations, including the an
 1802  identification of each organization that is a primary partner
 1803  and any specific programs or activities which promoted the
 1804  activities of such organizations and an identification of any
 1805  specific programs or activities that which promoted a
 1806  comprehensive and coordinated approach to economic development
 1807  in this state.
 1808         (f)(6) An assessment of job creation that directly benefits
 1809  participants in the welfare transition program or other programs
 1810  designed to put long-term unemployed persons back to work.
 1811         (g) The results of a customer-satisfaction survey of
 1812  businesses served. The survey shall be conducted by an
 1813  independent entity with expertise in survey research that is
 1814  under contract with Enterprise Florida, Inc., to develop,
 1815  analyze, and report the results.
 1816         (h)(7) An annual compliance and financial audit of accounts
 1817  and records by an independent certified public accountant at the
 1818  end of its most recent fiscal year performed in accordance with
 1819  rules adopted by the Auditor General.
 1820         (2) The detailed report required by this section subsection
 1821  shall also include the information identified in subsection (1)
 1822  subsections (1)-(7), if applicable, for each division any board
 1823  established within the corporate structure of Enterprise
 1824  Florida, Inc.
 1825         Section 28. Section 288.907, Florida Statutes, is created
 1826  to read:
 1827         288.907Annual incentives report.—
 1828         (1) In addition to the annual report required under s.
 1829  288.906, Enterprise Florida, Inc., by December 30 of each year,
 1830  shall provide the Governor, the President of the Senate, and the
 1831  Speaker of the House of Representatives a detailed incentives
 1832  report quantifying the economic benefits for all of the economic
 1833  development incentive programs marketed by Enterprise Florida,
 1834  Inc.
 1835         (a) The annual incentives report must include for each
 1836  incentive program:
 1837         1.A brief description of the incentive program.
 1838         2. The amount of awards granted, by year, since inception.
 1839         3. The economic benefits, as defined in s. 288.005, based
 1840  on the actual amount of private capital invested, actual number
 1841  of jobs created, and actual wages paid for incentive agreements
 1842  completed during the previous 3 years.
 1843         4. The report shall also include the actual amount of
 1844  private capital invested, actual number of jobs created, and
 1845  actual wages paid for incentive agreements completed during the
 1846  previous 3 years for each target industry sector.
 1847         (b) For projects completed during the previous state fiscal
 1848  year, the report must include:
 1849         1. The number of economic development incentive
 1850  applications received.
 1851         2. The number of recommendations made to the department by
 1852  Enterprise Florida, Inc., including the number recommended for
 1853  approval and the number recommended for denial.
 1854         3. The number of final decisions issued by the department
 1855  for approval and for denial.
 1856         4. The projects for which a tax refund, tax credit, or cash
 1857  grant agreement was executed, identifying:
 1858         a. The number of jobs committed to be created.
 1859         b. The amount of capital investments committed to be made.
 1860         c. The annual average wage committed to be paid.
 1861         d. The amount of state economic development incentives
 1862  committed to the project from each incentive program under the
 1863  project’s terms of agreement with the Department of Economic
 1864  Opportunity.
 1865         e. The amount and type of local matching funds committed to
 1866  the project.
 1867         (c) For economic development projects that received tax
 1868  refunds, tax credits, or cash grants under the terms of an
 1869  agreement for incentives, the report must identify:
 1870         1. The number of jobs actually created.
 1871         2. The amount of capital investments actually made.
 1872         3. The annual average wage paid.
 1873         (d) For a project receiving economic development incentives
 1874  approved by the department and receiving federal or local
 1875  incentives, the report must include a description of the federal
 1876  or local incentives, if available.
 1877         (e) The report must state the number of withdrawn or
 1878  terminated projects that did not fulfill the terms of their
 1879  agreements with the department and consequently are not
 1880  receiving incentives.
 1881         (f) The report must include an analysis of the economic
 1882  benefits, as defined in s. 288.005, of tax refunds, tax credits,
 1883  or other payments made to projects locating or expanding in
 1884  state enterprise zones, rural communities, brownfield areas, or
 1885  distressed urban communities.
 1886         (g) The report must identify the target industry businesses
 1887  and high-impact businesses.
 1888         (h) The report must describe the trends relating to
 1889  business interest in, and usage of, the various incentives, and
 1890  the number of minority-owned or woman-owned businesses receiving
 1891  incentives.
 1892         (i) The report must identify incentive programs not
 1893  utilized.
 1894         (2) The Division of Strategic Business Development within
 1895  the department shall assist Enterprise Florida, Inc., in the
 1896  preparation of the annual incentives report.
 1897         Section 29. Section 288.912, Florida Statutes, is created
 1898  to read:
 1899         288.912Inventory of communities seeking to recruit
 1900  businesses.—By September 30 of each year, a county or
 1901  municipality that has a population of at least 25,000 or its
 1902  local economic development organization must submit to
 1903  Enterprise Florida, Inc., a brief overview of the strengths,
 1904  services, and economic development incentives that its community
 1905  offers. The local government or its local economic development
 1906  organization also must identify any industries that it is
 1907  encouraging to locate or relocate to its area. A county or
 1908  municipality having a population of 25,000 or fewer or its local
 1909  economic development organization seeking to recruit businesses
 1910  may submit information as required in this section and may
 1911  participate in any activity or initiative resulting from the
 1912  collection, analysis, and reporting of the information to
 1913  Enterprise Florida, Inc., pursuant to this section.
 1914         Section 30. Section 288.92, Florida Statutes, is created to
 1915  read:
 1916         288.92Divisions of Enterprise Florida, Inc.—
 1917         (1) Enterprise Florida, Inc., may create and dissolve
 1918  divisions as necessary to carry out its mission. Each division
 1919  shall have distinct responsibilities and complementary missions.
 1920  At a minimum, Enterprise Florida, Inc., shall have divisions
 1921  related to the following areas:
 1922         (a) International Trade and Business Development;
 1923         (b) Business Retention and Recruitment;
 1924         (c) Tourism Marketing;
 1925         (d) Minority Business Development; and
 1926         (e) Sports Industry Development.
 1927         (2)(a) The officers and agents of the divisions shall be
 1928  hired and their annual compensation established by the president
 1929  of Enterprise Florida, Inc., as deemed appropriate by the board
 1930  of directors, and may be eligible for performance bonuses
 1931  pursuant to s. 288.905. This paragraph does not apply to any
 1932  employees of the corporation established pursuant to s.
 1933  288.1226.
 1934         (b) The board of directors of Enterprise Florida, Inc., may
 1935  organize the divisions and, to the greatest extent possible,
 1936  minimize costs by requiring that the divisions share
 1937  administrative staff.
 1938         (3) By October 15 each year, each division shall draft and
 1939  submit an annual report which details the division’s activities
 1940  during the prior fiscal year and includes any recommendations
 1941  for improving current statutes related to the division’s related
 1942  area.
 1943         Section 31. Section 288.923, Florida Statutes, is created
 1944  to read:
 1945         288.923Division of Tourism Marketing; definitions;
 1946  responsibilities.—
 1947         (1) There is created within Enterprise Florida, Inc., the
 1948  Division of Tourism Marketing.
 1949         (2) As used in this section, the term:
 1950         (a) “Tourism marketing” means any effort exercised to
 1951  attract domestic and international visitors from outside the
 1952  state to destinations in this state and to stimulate Florida
 1953  resident tourism to areas within the state.
 1954         (b) “Tourist” means any person who participates in trade or
 1955  recreation activities outside the county of his or her permanent
 1956  residence or who rents or leases transient living quarters or
 1957  accommodations as described in s. 125.0104(3)(a).
 1958         (c) “County destination marketing organization” means a
 1959  public or private agency that is funded by local option tourist
 1960  development tax revenues under s. 125.0104, or local option
 1961  convention development tax revenues under s. 212.0305, and is
 1962  officially designated by a county commission to market and
 1963  promote the area for tourism or convention business or, in any
 1964  county that has not levied such taxes, a public or private
 1965  agency that is officially designated by the county commission to
 1966  market and promote the area for tourism or convention business.
 1967         (d) “Direct-support organization” means the Florida Tourism
 1968  Industry Marketing Corporation.
 1969         (3) Enterprise Florida, Inc., shall contract with the
 1970  Florida Tourism Industry Marketing Corporation, a direct-support
 1971  organization established in s. 288.1226, to execute tourism
 1972  promotion and marketing services, functions, and programs for
 1973  the state, including, but not limited to, the activities
 1974  prescribed by the 4-year marketing plan. The division shall
 1975  assist to maintain and implement the contract.
 1976         (4)The division’s responsibilities and duties include, but
 1977  are not limited to:
 1978         (a) Maintaining and implementing the contract with the
 1979  Florida Tourism Industry Marketing Corporation.
 1980         (b) Advising the department and Enterprise Florida, Inc.,
 1981  on development of domestic and international tourism marketing
 1982  campaigns featuring Florida; and
 1983         (c) Developing a 4-year marketing plan.
 1984         1. At a minimum, the marketing plan shall discuss the
 1985  following:
 1986         a. Continuation of overall tourism growth in this state;
 1987         b. Expansion to new or under-represented tourist markets;
 1988         c. Maintenance of traditional and loyal tourist markets;
 1989         d. Coordination of efforts with county destination
 1990  marketing organizations, other local government marketing
 1991  groups, privately owned attractions and destinations, and other
 1992  private-sector partners to create a seamless, four-season
 1993  advertising campaign for the state and its regions;
 1994         e. Development of innovative techniques or promotions to
 1995  build repeat visitation by targeted segments of the tourist
 1996  population;
 1997         f. Consideration of innovative sources of state funding for
 1998  tourism marketing;
 1999         g. Promotion of nature-based tourism and heritage tourism.
 2000         h. Development of a component to address emergency response
 2001  to natural and man-made disasters from a marketing standpoint.
 2002         2. The plan shall be annual in construction and ongoing in
 2003  nature. Any annual revisions of the plan shall carry forward the
 2004  concepts of the remaining 3-year portion of the plan and
 2005  consider a continuum portion to preserve the 4-year time-frame
 2006  of the plan. The plan also shall include recommendations for
 2007  specific performance standards and measurable outcomes for the
 2008  division and direct-support organization. The department, in
 2009  consultation with the board of directors of Enterprise Florida,
 2010  Inc., shall base the actual performance metrics on these
 2011  recommendations.
 2012         3. The 4-year marketing plan shall be developed in
 2013  collaboration with the Florida Tourism Industry Marketing
 2014  Corporation. The plan shall be annually reviewed and approved by
 2015  the board of directors of Enterprise Florida, Inc.
 2016         (d) Drafting and submitting an annual report required by s.
 2017  288.92. The annual report shall set forth for the division and
 2018  the direct-support organization:
 2019         1. Operations and accomplishments during the fiscal year,
 2020  including the economic benefit of the state’s investment and
 2021  effectiveness of the marketing plan.
 2022         2. The 4-year marketing plan, including recommendations on
 2023  methods for implementing and funding the plan.
 2024         3. The assets and liabilities of the direct-support
 2025  organization at the end of its most recent fiscal year.
 2026         4. A copy of the annual financial and compliance audit
 2027  conducted under s. 288.1226(6).
 2028         (5) Notwithstanding s. 288.92, the division shall be
 2029  staffed by the Florida Tourism Industry Marketing Corporation.
 2030  Such staff shall not be considered to be employees of the
 2031  division and shall remain employees of the Florida Tourism
 2032  Industry Marketing Corporation. Section 288.905 does not apply
 2033  to the Florida Tourism Industry Marketing Corporation.
 2034         Section 32. Section 288.1226, Florida Statutes, is amended
 2035  to read:
 2036         288.1226 Florida Tourism Industry Marketing Corporation;
 2037  use of property; board of directors; duties; audit.—
 2038         (1) DEFINITIONS.—For the purposes of this section, the term
 2039  “corporation” means the Florida Tourism Industry Marketing
 2040  Corporation.
 2041         (2) ESTABLISHMENT.—The Florida Commission on Tourism shall
 2042  establish, no later than July 31, 1996, The Florida Tourism
 2043  Industry Marketing Corporation is as a direct-support
 2044  organization of Enterprise Florida, Inc.:
 2045         (a) The Florida Tourism Industry Marketing Corporation
 2046  Which is a corporation not for profit, as defined in s.
 2047  501(c)(6) of the Internal Revenue Code of 1986, as amended, that
 2048  is incorporated under the provisions of chapter 617 and approved
 2049  by the Department of State.
 2050         (b) The corporation Which is organized and operated
 2051  exclusively to request, receive, hold, invest, and administer
 2052  property and to manage and make expenditures for the operation
 2053  of the activities, services, functions, and programs of this
 2054  state which relate to the statewide, national, and international
 2055  promotion and marketing of tourism.
 2056         (c) Which the Florida Commission on Tourism and the Office
 2057  of Tourism, Trade, and Economic Development, after review, have
 2058  certified whether it is operating in a manner consistent with
 2059  the policies and goals of the commission and its long-range
 2060  marketing plan.
 2061         (d) The corporation is Which shall not be considered an
 2062  agency for the purposes of chapters 120, 216, and 287; ss.
 2063  255.21, 255.25, and 255.254, relating to leasing of buildings;
 2064  ss. 283.33 and 283.35, relating to bids for printing; s. 215.31;
 2065  and parts I, II, and IV-VIII of chapter 112.
 2066         (e) The corporation is Which shall be subject to the
 2067  provisions of chapter 119, relating to public meetings, and
 2068  those provisions of chapter 286 relating to public meetings and
 2069  records.
 2070         (3) USE OF PROPERTY.—Enterprise Florida, Inc. The
 2071  commission:
 2072         (a) Is authorized to permit the use of property and
 2073  facilities of Enterprise Florida, Inc., the commission by the
 2074  corporation, subject to the provisions of this section.
 2075         (b) Shall prescribe conditions with which the corporation
 2076  must comply in order to use property and facilities of
 2077  Enterprise Florida, Inc the commission. Such conditions shall
 2078  provide for budget and audit review and for oversight by
 2079  Enterprise Florida, Inc the commission.
 2080         (c) May Shall not permit the use of property and facilities
 2081  of Enterprise Florida, Inc., the commission if the corporation
 2082  does not provide equal employment opportunities to all persons,
 2083  regardless of race, color, national origin, sex, age, or
 2084  religion.
 2085         (4) BOARD OF DIRECTORS.—The board of directors of the
 2086  corporation shall be composed of 31 tourism-industry-related
 2087  members, appointed by Enterprise Florida, Inc., in conjunction
 2088  with the department the Florida Commission on Tourism from its
 2089  own membership. the vice chair of the commission shall serve as
 2090  chair of the corporation’s board of directors.
 2091         (a) The board shall consist of 16 members, appointed in
 2092  such a manner as to equitably represent all geographic areas of
 2093  the state, with no fewer than two members from any of the
 2094  following regions:
 2095         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
 2096  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
 2097  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
 2098         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
 2099  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
 2100  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
 2101  Taylor, and Union Counties.
 2102         3. Region 3, composed of Brevard, Indian River, Lake,
 2103  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
 2104  Volusia Counties.
 2105         4. Region 4, composed of Citrus, Hernando, Hillsborough,
 2106  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
 2107         5. Region 5, composed of Charlotte, Collier, DeSoto,
 2108  Glades, Hardee, Hendry, Highlands, and Lee Counties.
 2109         6. Region 6, composed of Broward, Martin, Miami-Dade,
 2110  Monroe, and Palm Beach Counties.
 2111         (b) The 15 additional tourism-industry-related members,
 2112  shall include 1 representatives from the statewide rental car
 2113  industry, 7 representatives from tourist-related statewide
 2114  associations, including those that represent hotels,
 2115  campgrounds, county destination marketing organizations,
 2116  museums, restaurants, retail, and attractions, 3 representatives
 2117  from county destination marketing organizations, 1
 2118  representative from the cruise industry, 1 representative from
 2119  an automobile and travel services membership organization that
 2120  has at least 2.8 million members in Florida, 1 representative
 2121  from the airline industry, and 1 representative from the space
 2122  tourism industry, who will each serve for a term of 2 years.
 2123         (5) POWERS AND DUTIES.—The corporation, in the performance
 2124  of its duties:
 2125         (a) May make and enter into contracts and assume such other
 2126  functions as are necessary to carry out the provisions of the
 2127  Florida Commission on Tourism’s 4-year marketing plan required
 2128  by s. 288.923, and the corporation’s contract with Enterprise
 2129  Florida, Inc., the commission which are not inconsistent with
 2130  this or any other provision of law.
 2131         (b) May develop a program to provide incentives and to
 2132  attract and recognize those entities which make significant
 2133  financial and promotional contributions towards the expanded
 2134  tourism promotion activities of the corporation.
 2135         (c) May commission and adopt, in cooperation with the
 2136  commission, an official tourism logo to be used in all
 2137  promotional materials directly produced by the corporation. The
 2138  corporation May establish a cooperative marketing program with
 2139  other public and private entities which allows the use of the
 2140  VISIT Florida this logo in tourism promotion campaigns which
 2141  meet the standards of Enterprise Florida, Inc., the commission
 2142  and the Office of Tourism, Trade, and Economic Development for
 2143  which the corporation may charge a reasonable fee.
 2144         (d) May sue and be sued and appear and defend in all
 2145  actions and proceedings in its corporate name to the same extent
 2146  as a natural person.
 2147         (e) May adopt, use, and alter a common corporate seal.
 2148  However, such seal must always contain the words “corporation
 2149  not for profit.”
 2150         (f) Shall elect or appoint such officers and agents as its
 2151  affairs shall require and allow them reasonable compensation.
 2152         (g) Shall hire and establish salaries and personnel and
 2153  employee benefit programs for such permanent and temporary
 2154  employees as are necessary to carry out the provisions of the
 2155  Florida Commission on Tourism’s 4-year marketing plan and the
 2156  corporation’s contract with Enterprise Florida, Inc., the
 2157  commission which are not inconsistent with this or any other
 2158  provision of law.
 2159         (h) Shall provide staff support to the Division of Tourism
 2160  Promotion of Enterprise Florida, Inc the Florida Commission on
 2161  Tourism. The president and chief executive officer of the
 2162  Florida Tourism Industry Marketing Corporation shall serve
 2163  without compensation as the executive director of the division
 2164  commission.
 2165         (i) May adopt, change, amend, and repeal bylaws, not
 2166  inconsistent with law or its articles of incorporation, for the
 2167  administration of the provisions of the Florida Commission on
 2168  Tourism’s 4-year marketing plan and the corporation’s contract
 2169  with Enterprise Florida, Inc the commission.
 2170         (j) May conduct its affairs, carry on its operations, and
 2171  have offices and exercise the powers granted by this act in any
 2172  state, territory, district, or possession of the United States
 2173  or any foreign country. Where feasible, appropriate, and
 2174  recommended by the 4-year marketing plan developed by the
 2175  Division of Tourism Promotion of Enterprise Florida, Inc.
 2176  Florida Commission on Tourism, the corporation may collocate the
 2177  programs of foreign tourism offices in cooperation with any
 2178  foreign office operated by any agency of this state.
 2179         (k) May appear on its own behalf before boards,
 2180  commissions, departments, or other agencies of municipal,
 2181  county, state, or federal government.
 2182         (l) May request or accept any grant, payment, or gift, of
 2183  funds or property made by this state or by the United States or
 2184  any department or agency thereof or by any individual, firm,
 2185  corporation, municipality, county, or organization for any or
 2186  all of the purposes of the Florida Commission on Tourism’s 4
 2187  year marketing plan and the corporation’s contract with
 2188  Enterprise Florida, Inc., the commission that are not
 2189  inconsistent with this or any other provision of law. Such funds
 2190  shall be deposited in a bank account established by the
 2191  corporation’s board of directors. The corporation may expend
 2192  such funds in accordance with the terms and conditions of any
 2193  such grant, payment, or gift, in the pursuit of its
 2194  administration or in support of the programs it administers. The
 2195  corporation shall separately account for the public funds and
 2196  the private funds deposited into the corporation’s bank account.
 2197         (m) Shall establish a plan for participation in the
 2198  corporation which will provide additional funding for the
 2199  administration and duties of the corporation.
 2200         (n) In the performance of its duties, may undertake, or
 2201  contract for, marketing projects and advertising research
 2202  projects.
 2203         (o) In addition to any indemnification available under
 2204  chapter 617, the corporation may indemnify, and purchase and
 2205  maintain insurance on behalf of, directors, officers, and
 2206  employees of the corporation against any personal liability or
 2207  accountability by reason of actions taken while acting within
 2208  the scope of their authority.
 2209         (6) ANNUAL AUDIT.—The corporation shall provide for an
 2210  annual financial audit in accordance with s. 215.981. The annual
 2211  audit report shall be submitted to the Auditor General; the
 2212  Office of Policy Analysis and Government Accountability;
 2213  Enterprise Florida, Inc.; and the department the Office of
 2214  Tourism, Trade, and Economic Development for review. The Office
 2215  of Program Policy Analysis and Government Accountability;
 2216  Enterprise Florida, Inc.; the department the Office of Tourism,
 2217  Trade, and Economic Development; and the Auditor General have
 2218  the authority to require and receive from the corporation or
 2219  from its independent auditor any detail or supplemental data
 2220  relative to the operation of the corporation. The department
 2221  Office of Tourism, Trade, and Economic Development shall
 2222  annually certify whether the corporation is operating in a
 2223  manner and achieving the objectives that are consistent with the
 2224  policies and goals of Enterprise Florida, Inc., the commission
 2225  and its long-range marketing plan. The identity of a donor or
 2226  prospective donor to the corporation who desires to remain
 2227  anonymous and all information identifying such donor or
 2228  prospective donor are confidential and exempt from the
 2229  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 2230  Constitution. Such anonymity shall be maintained in the
 2231  auditor’s report.
 2232         (7) The corporation shall provide a quarterly report to
 2233  Enterprise Florida, Inc., the commission which shall:
 2234         (a) Measure the current vitality of the visitor industry of
 2235  this state as compared to the vitality of such industry for the
 2236  year to date and for comparable quarters of past years.
 2237  Indicators of vitality shall be determined by Enterprise
 2238  Florida, Inc., the commission and shall include, but not be
 2239  limited to, estimated visitor count and party size, length of
 2240  stay, average expenditure per party, and visitor origin and
 2241  destination.
 2242         (b) Provide detailed, unaudited financial statements of
 2243  sources and uses of public and private funds.
 2244         (c) Measure progress towards annual goals and objectives
 2245  set forth in the commission’s 4-year marketing plan.
 2246         (d) Review all pertinent research findings.
 2247         (e) Provide other measures of accountability as requested
 2248  by Enterprise Florida, Inc the commission.
 2249         (8) The identity of any person who responds to a marketing
 2250  project or advertising research project conducted by the
 2251  corporation in the performance of its duties on behalf of
 2252  Enterprise Florida, Inc. the commission, or trade secrets as
 2253  defined by s. 812.081 obtained pursuant to such activities, are
 2254  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2255  Constitution.
 2256         Section 33. Subsection (4) of section 409.942, Florida
 2257  Statutes, is amended to read:
 2258         409.942 Electronic benefit transfer program.—
 2259         (4) Workforce Florida, Inc., through the Agency for
 2260  Workforce Innovation, shall establish an electronic benefit
 2261  transfer program for the use and management of education,
 2262  training, child care, transportation, and other program benefits
 2263  under its direction. The workforce electronic benefit transfer
 2264  program shall fulfill all federal and state requirements for
 2265  Individual Training Accounts, Retention Incentive Training
 2266  Accounts, Individual Development Accounts, and Individual
 2267  Services Accounts. The workforce electronic benefit transfer
 2268  program shall be designed to enable an individual who receives
 2269  an electronic benefit transfer card under subsection (1) to use
 2270  that card for purposes of benefits provided under the workforce
 2271  development system as well. The Department of Children and
 2272  Family Services shall assist Workforce Florida, Inc., in
 2273  developing an electronic benefit transfer program for the
 2274  workforce development system that is fully compatible with the
 2275  department’s electronic benefit transfer program. The agency
 2276  shall reimburse the department for all costs incurred in
 2277  providing such assistance and shall pay all costs for the
 2278  development of the workforce electronic benefit transfer
 2279  program.
 2280         Section 34. Subsections (4), (5), and (6) of section
 2281  411.0102, Florida Statutes, are amended to read:
 2282         411.0102 Child Care Executive Partnership Act; findings and
 2283  intent; grant; limitation; rules.—
 2284         (4) The Child Care Executive Partnership, staffed by the
 2285  Office of Early Learning Agency for Workforce Innovation, shall
 2286  consist of a representative of the Executive Office of the
 2287  Governor and nine members of the corporate or child care
 2288  community, appointed by the Governor.
 2289         (a) Members shall serve for a period of 4 years, except
 2290  that the representative of the Executive Office of the Governor
 2291  shall serve at the pleasure of the Governor.
 2292         (b) The Child Care Executive Partnership shall be chaired
 2293  by a member chosen by a majority vote and shall meet at least
 2294  quarterly and at other times upon the call of the chair. The
 2295  Child Care Executive Partnership may use any method of
 2296  telecommunications to conduct meetings, including establishing a
 2297  quorum through telecommunications, only if the public is given
 2298  proper notice of a telecommunications meeting and reasonable
 2299  access to observe and, when appropriate, participate.
 2300         (c) Members shall serve without compensation, but may be
 2301  reimbursed for per diem and travel expenses in accordance with
 2302  s. 112.061.
 2303         (d) The Child Care Executive Partnership shall have all the
 2304  powers and authority, not explicitly prohibited by statute,
 2305  necessary to carry out and effectuate the purposes of this
 2306  section, as well as the functions, duties, and responsibilities
 2307  of the partnership, including, but not limited to, the
 2308  following:
 2309         1. Assisting in the formulation and coordination of the
 2310  state’s child care policy.
 2311         2. Adopting an official seal.
 2312         3. Soliciting, accepting, receiving, investing, and
 2313  expending funds from public or private sources.
 2314         4. Contracting with public or private entities as
 2315  necessary.
 2316         5. Approving an annual budget.
 2317         6. Carrying forward any unexpended state appropriations
 2318  into succeeding fiscal years.
 2319         7. Providing a report to the Governor, the Speaker of the
 2320  House of Representatives, and the President of the Senate, on or
 2321  before December 1 of each year.
 2322         (5)(a) The Legislature shall annually determine the amount
 2323  of state or federal low-income child care moneys which shall be
 2324  used to create Child Care Executive Partnership Program child
 2325  care purchasing pools in counties chosen by the Child Care
 2326  Executive Partnership, provided that at least two of the
 2327  counties have populations of no more than 300,000. The
 2328  Legislature shall annually review the effectiveness of the child
 2329  care purchasing pool program and reevaluate the percentage of
 2330  additional state or federal funds, if any, which that can be
 2331  used for the program’s expansion.
 2332         (b) To ensure a seamless service delivery and ease of
 2333  access for families, an early learning coalition or the Office
 2334  of Early Learning Agency for Workforce Innovation shall
 2335  administer the child care purchasing pool funds.
 2336         (c) The Office of Early Learning Agency for Workforce
 2337  Innovation, in conjunction with the Child Care Executive
 2338  Partnership, shall develop procedures for disbursement of funds
 2339  through the child care purchasing pools. In order to be
 2340  considered for funding, an early learning coalition or the
 2341  Office of Early Learning Agency for Workforce Innovation must
 2342  commit to:
 2343         1. Matching the state purchasing pool funds on a dollar
 2344  for-dollar basis; and
 2345         2. Expending only those public funds that which are matched
 2346  by employers, local government, and other matching contributors
 2347  who contribute to the purchasing pool. Parents shall also pay a
 2348  fee, which may not be less than the amount identified in the
 2349  early learning coalition’s school readiness program sliding fee
 2350  scale.
 2351         (d) Each early learning coalition shall establish a
 2352  community child care task force for each child care purchasing
 2353  pool. The task force must be composed of employers, parents,
 2354  private child care providers, and one representative from the
 2355  local children’s services council, if one exists in the area of
 2356  the purchasing pool. The early learning coalition is expected to
 2357  recruit the task force members from existing child care
 2358  councils, commissions, or task forces already operating in the
 2359  area of a purchasing pool. A majority of the task force shall
 2360  consist of employers.
 2361         (e) Each participating early learning coalition board shall
 2362  develop a plan for the use of child care purchasing pool funds.
 2363  The plan must show how many children will be served by the
 2364  purchasing pool, how many will be new to receiving child care
 2365  services, and how the early learning coalition intends to
 2366  attract new employers and their employees to the program.
 2367         (6) The Office of Early Learning Agency for Workforce
 2368  Innovation shall adopt any rules necessary for the
 2369  implementation and administration of this section.
 2370         Section 35. Paragraph (b) of subsection (5) of section
 2371  11.40, Florida Statutes, is amended to read:
 2372         11.40 Legislative Auditing Committee.—
 2373         (5) Following notification by the Auditor General, the
 2374  Department of Financial Services, or the Division of Bond
 2375  Finance of the State Board of Administration of the failure of a
 2376  local governmental entity, district school board, charter
 2377  school, or charter technical career center to comply with the
 2378  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
 2379  s. 218.38, the Legislative Auditing Committee may schedule a
 2380  hearing. If a hearing is scheduled, the committee shall
 2381  determine if the entity should be subject to further state
 2382  action. If the committee determines that the entity should be
 2383  subject to further state action, the committee shall:
 2384         (b) In the case of a special district, notify the
 2385  Department of Economic Opportunity Community Affairs that the
 2386  special district has failed to comply with the law. Upon receipt
 2387  of notification, the Department of Economic Opportunity
 2388  Community Affairs shall proceed pursuant to the provisions
 2389  specified in s. 189.421.
 2390         Section 36. Paragraph (c) of subsection (7) of section
 2391  11.45, Florida Statutes, is amended to read:
 2392         11.45 Definitions; duties; authorities; reports; rules.—
 2393         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
 2394         (c) The Auditor General shall provide annually a list of
 2395  those special districts which are not in compliance with s.
 2396  218.39 to the Special District Information Program of the
 2397  Department of Economic Opportunity Community Affairs.
 2398         Section 37. Paragraph (b) of subsection (2) of section
 2399  14.20195, Florida Statutes, is amended to read:
 2400         14.20195 Suicide Prevention Coordinating Council; creation;
 2401  membership; duties.—There is created within the Statewide Office
 2402  for Suicide Prevention a Suicide Prevention Coordinating
 2403  Council. The council shall develop strategies for preventing
 2404  suicide.
 2405         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
 2406  shall consist of 28 voting members.
 2407         (b) The following state officials or their designees shall
 2408  serve on the coordinating council:
 2409         1. The Secretary of Elderly Affairs.
 2410         2. The State Surgeon General.
 2411         3. The Commissioner of Education.
 2412         4. The Secretary of Health Care Administration.
 2413         5. The Secretary of Juvenile Justice.
 2414         6. The Secretary of Corrections.
 2415         7. The executive director of the Department of Law
 2416  Enforcement.
 2417         8. The executive director of the Department of Veterans’
 2418  Affairs.
 2419         9. The Secretary of Children and Family Services.
 2420         10. The executive director of the Department of Economic
 2421  Opportunity Agency for Workforce Innovation.
 2422         Section 38. Section 15.182, Florida Statutes, is amended to
 2423  read:
 2424         15.182 International travel by state-funded musical,
 2425  cultural, or artistic organizations; notification to the
 2426  Department of Economic Opportunity Office of Tourism, Trade, and
 2427  Economic Development.—
 2428         (1) If a musical, cultural, or artistic organization that
 2429  receives state funding is traveling internationally for a
 2430  presentation, performance, or other significant public viewing,
 2431  including an organization associated with a college or
 2432  university, such organization shall notify the Department of
 2433  Economic Opportunity Office of Tourism, Trade, and Economic
 2434  Development of its intentions to travel, together with the date,
 2435  time, and location of each appearance.
 2436         (2) The Department of Economic Opportunity Office of
 2437  Tourism, Trade, and Economic Development, in conjunction with
 2438  Enterprise Florida, Inc., shall act as an intermediary between
 2439  performing musical, cultural, and artistic organizations and
 2440  Florida businesses to encourage and coordinate joint
 2441  undertakings. Such coordination may include, but is not limited
 2442  to, encouraging business and industry to sponsor cultural
 2443  events, assistance with travel of such organizations, and
 2444  coordinating travel schedules of cultural performance groups and
 2445  international trade missions.
 2446         (3) An organization shall provide the notification to the
 2447  Department of State required by this section at least 30 days
 2448  before prior to the date the international travel is to commence
 2449  or, when an intention to travel internationally is not formed at
 2450  least 30 days in advance of the date the travel is to commence,
 2451  as soon as feasible after forming such travel intention. The
 2452  Department of State shall take an active role in informing such
 2453  groups of the responsibility to notify the department of travel
 2454  intentions.
 2455         Section 39. Paragraph (j) of subsection (1) of section
 2456  16.615, Florida Statutes, is amended to read:
 2457         16.615 Council on the Social Status of Black Men and Boys.—
 2458         (1) The Council on the Social Status of Black Men and Boys
 2459  is established within the Department of Legal Affairs and shall
 2460  consist of 19 members appointed as follows:
 2461         (j) The executive director of the Department of Economic
 2462  Opportunity Agency for Workforce Innovation or his or her
 2463  designee.
 2464         Section 40. Paragraph (c) of subsection (3) of section
 2465  17.61, Florida Statutes, is amended to read:
 2466         17.61 Chief Financial Officer; powers and duties in the
 2467  investment of certain funds.—
 2468         (3)
 2469         (c) Except as provided in this paragraph and except for
 2470  moneys described in paragraph (d), the following agencies may
 2471  not invest trust fund moneys as provided in this section, but
 2472  shall retain such moneys in their respective trust funds for
 2473  investment, with interest appropriated to the General Revenue
 2474  Fund, pursuant to s. 17.57:
 2475         1. The Agency for Health Care Administration, except for
 2476  the Tobacco Settlement Trust Fund.
 2477         2. The Agency for Persons with Disabilities, except for:
 2478         a. The Federal Grants Trust Fund.
 2479         b. The Tobacco Settlement Trust Fund.
 2480         3. The Department of Children and Family Services, except
 2481  for:
 2482         a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
 2483         b. The Social Services Block Grant Trust Fund.
 2484         c. The Tobacco Settlement Trust Fund.
 2485         d. The Working Capital Trust Fund.
 2486         4.The Department of Community Affairs, only for the
 2487  Operating Trust Fund.
 2488         4.5. The Department of Corrections.
 2489         5.6. The Department of Elderly Affairs, except for:
 2490         a. The Federal Grants Trust Fund.
 2491         b. The Tobacco Settlement Trust Fund.
 2492         6.7. The Department of Health, except for:
 2493         a. The Federal Grants Trust Fund.
 2494         b. The Grants and Donations Trust Fund.
 2495         c. The Maternal and Child Health Block Grant Trust Fund.
 2496         d. The Tobacco Settlement Trust Fund.
 2497         7.8. The Department of Highway Safety and Motor Vehicles,
 2498  only for the Security Deposits Trust Fund.
 2499         8.9. The Department of Juvenile Justice.
 2500         9.10. The Department of Law Enforcement.
 2501         10.11. The Department of Legal Affairs.
 2502         11.12. The Department of State, only for:
 2503         a. The Grants and Donations Trust Fund.
 2504         b. The Records Management Trust Fund.
 2505         12.13. The Department of Economic Opportunity Executive
 2506  Office of the Governor, only for:
 2507         a. The Economic Development Transportation Trust Fund.
 2508         b. The Economic Development Trust Fund.
 2509         13.14. The Florida Public Service Commission, only for the
 2510  Florida Public Service Regulatory Trust Fund.
 2511         14.15. The Justice Administrative Commission.
 2512         15.16. The state courts system.
 2513         Section 41. Subsection (1) of section 20.181, Florida
 2514  Statutes, is amended to read:
 2515         20.181 Federal Grants Trust Fund.—
 2516         (1) The Federal Grants Trust Fund is created within the
 2517  Department of Economic Opportunity Community Affairs.
 2518         Section 42. Paragraph (a) of subsection (8) and paragraph
 2519  (a) of subsection (9) of section 39.001, Florida Statutes, are
 2520  amended to read:
 2521         39.001 Purposes and intent; personnel standards and
 2522  screening.—
 2523         (8) PLAN FOR COMPREHENSIVE APPROACH.—
 2524         (a) The office shall develop a state plan for the promotion
 2525  of adoption, support of adoptive families, and prevention of
 2526  abuse, abandonment, and neglect of children and shall submit the
 2527  state plan to the Speaker of the House of Representatives, the
 2528  President of the Senate, and the Governor no later than December
 2529  31, 2008. The Department of Children and Family Services, the
 2530  Department of Corrections, the Department of Education, the
 2531  Department of Health, the Department of Juvenile Justice, the
 2532  Department of Law Enforcement, and the Agency for Persons with
 2533  Disabilities, and the Agency for Workforce Innovation shall
 2534  participate and fully cooperate in the development of the state
 2535  plan at both the state and local levels. Furthermore,
 2536  appropriate local agencies and organizations shall be provided
 2537  an opportunity to participate in the development of the state
 2538  plan at the local level. Appropriate local groups and
 2539  organizations shall include, but not be limited to, community
 2540  mental health centers; guardian ad litem programs for children
 2541  under the circuit court; the school boards of the local school
 2542  districts; the Florida local advocacy councils; community-based
 2543  care lead agencies; private or public organizations or programs
 2544  with recognized expertise in working with child abuse prevention
 2545  programs for children and families; private or public
 2546  organizations or programs with recognized expertise in working
 2547  with children who are sexually abused, physically abused,
 2548  emotionally abused, abandoned, or neglected and with expertise
 2549  in working with the families of such children; private or public
 2550  programs or organizations with expertise in maternal and infant
 2551  health care; multidisciplinary child protection teams; child day
 2552  care centers; law enforcement agencies; and the circuit courts,
 2553  when guardian ad litem programs are not available in the local
 2554  area. The state plan to be provided to the Legislature and the
 2555  Governor shall include, as a minimum, the information required
 2556  of the various groups in paragraph (b).
 2557         (9) FUNDING AND SUBSEQUENT PLANS.—
 2558         (a) All budget requests submitted by the office, the
 2559  department, the Department of Health, the Department of
 2560  Education, the Department of Juvenile Justice, the Department of
 2561  Corrections, the Agency for Persons with Disabilities, the
 2562  Agency for Workforce Innovation, or any other agency to the
 2563  Legislature for funding of efforts for the promotion of
 2564  adoption, support of adoptive families, and prevention of child
 2565  abuse, abandonment, and neglect shall be based on the state plan
 2566  developed pursuant to this section.
 2567         Section 43. Paragraph (a) of subsection (7) of section
 2568  45.031, Florida Statutes, is amended to read:
 2569         45.031 Judicial sales procedure.—In any sale of real or
 2570  personal property under an order or judgment, the procedures
 2571  provided in this section and ss. 45.0315-45.035 may be followed
 2572  as an alternative to any other sale procedure if so ordered by
 2573  the court.
 2574         (7) DISBURSEMENTS OF PROCEEDS.—
 2575         (a) On filing a certificate of title, the clerk shall
 2576  disburse the proceeds of the sale in accordance with the order
 2577  or final judgment and shall file a report of such disbursements
 2578  and serve a copy of it on each party, and on the Department of
 2579  Revenue if the department was named as a defendant in the action
 2580  or if the Department of Economic Opportunity or the former
 2581  Agency for Workforce Innovation or the former Department of
 2582  Labor and Employment Security was named as a defendant while the
 2583  Department of Revenue was providing unemployment tax collection
 2584  services under contract with the Department of Economic
 2585  Opportunity or the former Agency for Workforce Innovation
 2586  through an interagency agreement pursuant to s. 443.1316.
 2587         Section 44. Paragraph (a) of subsection (4) of section
 2588  69.041, Florida Statutes, is amended to read:
 2589         69.041 State named party; lien foreclosure, suit to quiet
 2590  title.—
 2591         (4)(a) The Department of Revenue has the right to
 2592  participate in the disbursement of funds remaining in the
 2593  registry of the court after distribution pursuant to s.
 2594  45.031(7). The department shall participate in accordance with
 2595  applicable procedures in any mortgage foreclosure action in
 2596  which the department has a duly filed tax warrant, or interests
 2597  under a lien arising from a judgment, order, or decree for
 2598  support, as defined in s. 409.2554, or interest in an
 2599  unemployment compensation tax lien under contract with the
 2600  Department of Economic Opportunity Agency for Workforce
 2601  Innovation through an interagency agreement pursuant to s.
 2602  443.1316, against the subject property and with the same
 2603  priority, regardless of whether a default against the
 2604  department, the Department of Economic Opportunity, or the
 2605  former Agency for Workforce Innovation, or the former Department
 2606  of Labor and Employment Security has been entered for failure to
 2607  file an answer or other responsive pleading.
 2608         Section 45. Paragraph (b) of subsection (4) of section
 2609  112.63, Florida Statutes, is amended to read:
 2610         112.63 Actuarial reports and statements of actuarial
 2611  impact; review.—
 2612         (4) Upon receipt, pursuant to subsection (2), of an
 2613  actuarial report, or upon receipt, pursuant to subsection (3),
 2614  of a statement of actuarial impact, the Department of Management
 2615  Services shall acknowledge such receipt, but shall only review
 2616  and comment on each retirement system’s or plan’s actuarial
 2617  valuations at least on a triennial basis. If the department
 2618  finds that the actuarial valuation is not complete, accurate, or
 2619  based on reasonable assumptions or otherwise materially fails to
 2620  satisfy the requirements of this part, if the department
 2621  requires additional material information necessary to complete
 2622  its review of the actuarial valuation of a system or plan or
 2623  material information necessary to satisfy the duties of the
 2624  department pursuant to s. 112.665(1), or if the department does
 2625  not receive the actuarial report or statement of actuarial
 2626  impact, the department shall notify the administrator of the
 2627  affected retirement system or plan and the affected governmental
 2628  entity and request appropriate adjustment, the additional
 2629  material information, or the required report or statement. The
 2630  notification must inform the administrator of the affected
 2631  retirement system or plan and the affected governmental entity
 2632  of the consequences for failure to comply with the requirements
 2633  of this subsection. If, after a reasonable period of time, a
 2634  satisfactory adjustment is not made or the report, statement, or
 2635  additional material information is not provided, the department
 2636  may notify the Department of Revenue and the Department of
 2637  Financial Services of such noncompliance, in which case the
 2638  Department of Revenue and the Department of Financial Services
 2639  shall withhold any funds not pledged for satisfaction of bond
 2640  debt service which are payable to the affected governmental
 2641  entity until the adjustment is made or the report, statement, or
 2642  additional material information is provided to the department.
 2643  The department shall specify the date such action is to begin,
 2644  and notification by the department must be received by the
 2645  Department of Revenue, the Department of Financial Services, and
 2646  the affected governmental entity 30 days before the date the
 2647  action begins.
 2648         (b) In the case of an affected special district, the
 2649  Department of Management Services shall also notify the
 2650  Department of Economic Opportunity Community Affairs. Upon
 2651  receipt of notification, the Department of Economic Opportunity
 2652  Community Affairs shall proceed pursuant to the provisions of s.
 2653  189.421 with regard to the special district.
 2654         Section 46. Paragraph (e) of subsection (1) of section
 2655  112.665, Florida Statutes, is amended to read:
 2656         112.665 Duties of Department of Management Services.—
 2657         (1) The Department of Management Services shall:
 2658         (e) Issue, by January 1 annually, a report to the Special
 2659  District Information Program of the Department of Economic
 2660  Opportunity Community Affairs that includes the participation in
 2661  and compliance of special districts with the local government
 2662  retirement system provisions in s. 112.63 and the state
 2663  administered retirement system provisions as specified in part I
 2664  of chapter 121; and
 2665         Section 47. Subsection (3) of section 112.3135, Florida
 2666  Statutes, is amended to read:
 2667         112.3135 Restriction on employment of relatives.—
 2668         (3) An agency may prescribe regulations authorizing the
 2669  temporary employment, in the event of an emergency as defined in
 2670  s. 252.34(3), of individuals whose employment would be otherwise
 2671  prohibited by this section.
 2672         Section 48. Paragraph (d) of subsection (2) and paragraph
 2673  (f) of subsection (5) of section 119.071, Florida Statutes, are
 2674  amended to read:
 2675         119.071 General exemptions from inspection or copying of
 2676  public records.—
 2677         (2) AGENCY INVESTIGATIONS.—
 2678         (d) Any information revealing surveillance techniques or
 2679  procedures or personnel is exempt from s. 119.07(1) and s.
 2680  24(a), Art. I of the State Constitution. Any comprehensive
 2681  inventory of state and local law enforcement resources compiled
 2682  pursuant to part I, chapter 23, and any comprehensive policies
 2683  or plans compiled by a criminal justice agency pertaining to the
 2684  mobilization, deployment, or tactical operations involved in
 2685  responding to an emergency emergencies, as defined in s.
 2686  252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
 2687  the State Constitution and unavailable for inspection, except by
 2688  personnel authorized by a state or local law enforcement agency,
 2689  the office of the Governor, the Department of Legal Affairs, the
 2690  Department of Law Enforcement, or the Division of Emergency
 2691  Management the Department of Community Affairs as having an
 2692  official need for access to the inventory or comprehensive
 2693  policies or plans.
 2694         (5) OTHER PERSONAL INFORMATION.—
 2695         (f) Medical history records and information related to
 2696  health or property insurance provided to the Department of
 2697  Economic Opportunity Community Affairs, the Florida Housing
 2698  Finance Corporation, a county, a municipality, or a local
 2699  housing finance agency by an applicant for or a participant in a
 2700  federal, state, or local housing assistance program are
 2701  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 2702  of the State Constitution. Governmental entities or their agents
 2703  shall have access to such confidential and exempt records and
 2704  information for the purpose of auditing federal, state, or local
 2705  housing programs or housing assistance programs. Such
 2706  confidential and exempt records and information may be used in
 2707  any administrative or judicial proceeding, provided such records
 2708  are kept confidential and exempt unless otherwise ordered by a
 2709  court.
 2710         Section 49. Paragraph (b) of subsection (3) of section
 2711  120.54, Florida Statutes, as amended by chapter 2010-279, Laws
 2712  of Florida, is amended to read:
 2713         120.54 Rulemaking.—
 2714         (3) ADOPTION PROCEDURES.—
 2715         (b) Special matters to be considered in rule adoption.—
 2716         1. Statement of estimated regulatory costs.—Before Prior to
 2717  the adoption, amendment, or repeal of any rule other than an
 2718  emergency rule, an agency is encouraged to prepare a statement
 2719  of estimated regulatory costs of the proposed rule, as provided
 2720  by s. 120.541. However, an agency must prepare a statement of
 2721  estimated regulatory costs of the proposed rule, as provided by
 2722  s. 120.541, if:
 2723         a. The proposed rule will have an adverse impact on small
 2724  business; or
 2725         b. The proposed rule is likely to directly or indirectly
 2726  increase regulatory costs in excess of $200,000 in the aggregate
 2727  in this state within 1 year after the implementation of the
 2728  rule.
 2729         2. Small businesses, small counties, and small cities.—
 2730         a. Each agency, before the adoption, amendment, or repeal
 2731  of a rule, shall consider the impact of the rule on small
 2732  businesses as defined by s. 288.703 and the impact of the rule
 2733  on small counties or small cities as defined by s. 120.52.
 2734  Whenever practicable, an agency shall tier its rules to reduce
 2735  disproportionate impacts on small businesses, small counties, or
 2736  small cities to avoid regulating small businesses, small
 2737  counties, or small cities that do not contribute significantly
 2738  to the problem the rule is designed to address. An agency may
 2739  define “small business” to include businesses employing more
 2740  than 200 persons, may define “small county” to include those
 2741  with populations of more than 75,000, and may define “small
 2742  city” to include those with populations of more than 10,000, if
 2743  it finds that such a definition is necessary to adapt a rule to
 2744  the needs and problems of small businesses, small counties, or
 2745  small cities. The agency shall consider each of the following
 2746  methods for reducing the impact of the proposed rule on small
 2747  businesses, small counties, and small cities, or any combination
 2748  of these entities:
 2749         (I) Establishing less stringent compliance or reporting
 2750  requirements in the rule.
 2751         (II) Establishing less stringent schedules or deadlines in
 2752  the rule for compliance or reporting requirements.
 2753         (III) Consolidating or simplifying the rule’s compliance or
 2754  reporting requirements.
 2755         (IV) Establishing performance standards or best management
 2756  practices to replace design or operational standards in the
 2757  rule.
 2758         (V) Exempting small businesses, small counties, or small
 2759  cities from any or all requirements of the rule.
 2760         b.(I) If the agency determines that the proposed action
 2761  will affect small businesses as defined by the agency as
 2762  provided in sub-subparagraph a., the agency shall send written
 2763  notice of the rule to the Small Business Regulatory Advisory
 2764  Council and the Department of Economic Opportunity at least
 2765  Office of Tourism, Trade, and Economic Development not less than
 2766  28 days before prior to the intended action.
 2767         (II) Each agency shall adopt those regulatory alternatives
 2768  offered by the Small Business Regulatory Advisory Council and
 2769  provided to the agency no later than 21 days after the council’s
 2770  receipt of the written notice of the rule which it finds are
 2771  feasible and consistent with the stated objectives of the
 2772  proposed rule and which would reduce the impact on small
 2773  businesses. When regulatory alternatives are offered by the
 2774  Small Business Regulatory Advisory Council, the 90-day period
 2775  for filing the rule in subparagraph (e)2. is extended for a
 2776  period of 21 days.
 2777         (III) If an agency does not adopt all alternatives offered
 2778  pursuant to this sub-subparagraph, it shall, before prior to
 2779  rule adoption or amendment and pursuant to subparagraph (d)1.,
 2780  file a detailed written statement with the committee explaining
 2781  the reasons for failure to adopt such alternatives. Within 3
 2782  working days after of the filing of such notice, the agency
 2783  shall send a copy of such notice to the Small Business
 2784  Regulatory Advisory Council. The Small Business Regulatory
 2785  Advisory Council may make a request of the President of the
 2786  Senate and the Speaker of the House of Representatives that the
 2787  presiding officers direct the Office of Program Policy Analysis
 2788  and Government Accountability to determine whether the rejected
 2789  alternatives reduce the impact on small business while meeting
 2790  the stated objectives of the proposed rule. Within 60 days after
 2791  the date of the directive from the presiding officers, the
 2792  Office of Program Policy Analysis and Government Accountability
 2793  shall report to the Administrative Procedures Committee its
 2794  findings as to whether an alternative reduces the impact on
 2795  small business while meeting the stated objectives of the
 2796  proposed rule. The Office of Program Policy Analysis and
 2797  Government Accountability shall consider the proposed rule, the
 2798  economic impact statement, the written statement of the agency,
 2799  the proposed alternatives, and any comment submitted during the
 2800  comment period on the proposed rule. The Office of Program
 2801  Policy Analysis and Government Accountability shall submit a
 2802  report of its findings and recommendations to the Governor, the
 2803  President of the Senate, and the Speaker of the House of
 2804  Representatives. The Administrative Procedures Committee shall
 2805  report such findings to the agency, and the agency shall respond
 2806  in writing to the Administrative Procedures Committee if the
 2807  Office of Program Policy Analysis and Government Accountability
 2808  found that the alternative reduced the impact on small business
 2809  while meeting the stated objectives of the proposed rule. If the
 2810  agency will not adopt the alternative, it must also provide a
 2811  detailed written statement to the committee as to why it will
 2812  not adopt the alternative.
 2813         Section 50. Subsection (10) of section 120.80, Florida
 2814  Statutes, is amended to read:
 2815         120.80 Exceptions and special requirements; agencies.—
 2816         (10) DEPARTMENT OF ECONOMIC OPPORTUNITY AGENCY FOR
 2817  WORKFORCE INNOVATION.—
 2818         (a) Notwithstanding s. 120.54, the rulemaking provisions of
 2819  this chapter do not apply to unemployment appeals referees.
 2820         (b) Notwithstanding s. 120.54(5), the uniform rules of
 2821  procedure do not apply to appeal proceedings conducted under
 2822  chapter 443 by the Unemployment Appeals Commission, special
 2823  deputies, or unemployment appeals referees.
 2824         (c) Notwithstanding s. 120.57(1)(a), hearings under chapter
 2825  443 may not be conducted by an administrative law judge assigned
 2826  by the division, but instead shall be conducted by the
 2827  Unemployment Appeals Commission in unemployment compensation
 2828  appeals, unemployment appeals referees, and the Department of
 2829  Economic Opportunity Agency for Workforce Innovation or its
 2830  special deputies under s. 443.141.
 2831         Section 51. Subsections (4) and (5) of section 125.045,
 2832  Florida Statutes, are amended to read:
 2833         125.045 County economic development powers.—
 2834         (4) A contract between the governing body of a county or
 2835  other entity engaged in economic development activities on
 2836  behalf of the county and an economic development agency must
 2837  require the agency or entity receiving county funds to submit a
 2838  report to the governing body of the county detailing how county
 2839  funds were spent and detailing the results of the economic
 2840  development agency’s or entity’s efforts on behalf of the
 2841  county. By January 15, 2011, and annually thereafter, the county
 2842  must file a copy of the report with the Office of Economic and
 2843  Demographic Research Legislative Committee on Intergovernmental
 2844  Relations or its successor entity and post a copy of the report
 2845  on the county’s website.
 2846         (5)(a) By January 15, 2011, and annually thereafter, each
 2847  county shall report to the Office of Economic and Demographic
 2848  Research Legislative Committee on Intergovernmental Relations or
 2849  its successor entity the economic development incentives in
 2850  excess of $25,000 given to any business during the county’s
 2851  previous fiscal year. The Office of Economic and Demographic
 2852  Research Legislative Committee on Intergovernmental Relations or
 2853  its successor entity shall compile the information from the
 2854  counties into a report and provide the report to the Department
 2855  of Economic Opportunity Office of Tourism, Trade, and Economic
 2856  Development. Economic development incentives include:
 2857         1. Direct financial incentives of monetary assistance
 2858  provided to a business from the county or through an
 2859  organization authorized by the county. Such incentives include,
 2860  but are not limited to, grants, loans, equity investments, loan
 2861  insurance and guarantees, and training subsidies.
 2862         2. Indirect incentives in the form of grants and loans
 2863  provided to businesses and community organizations that provide
 2864  support to businesses or promote business investment or
 2865  development.
 2866         3. Fee-based or tax-based incentives, including, but not
 2867  limited to, credits, refunds, exemptions, and property tax
 2868  abatement or assessment reductions.
 2869         4. Below-market rate leases or deeds for real property.
 2870         (b) A county shall report its economic development
 2871  incentives in the format specified by the Office of Economic and
 2872  Demographic Research Legislative Committee on Intergovernmental
 2873  Relations or its successor entity.
 2874         (c) The Office of Economic and Demographic Research
 2875  Legislative Committee on Intergovernmental Relations or its
 2876  successor entity shall compile the economic development
 2877  incentives provided by each county in a manner that shows the
 2878  total of each class of economic development incentives provided
 2879  by each county and all counties.
 2880         Section 52. Subsection (11) of section 159.803, Florida
 2881  Statutes, is amended to read:
 2882         159.803 Definitions.—As used in this part, the term:
 2883         (11) “Florida First Business project” means any project
 2884  which is certified by the Department of Economic Opportunity
 2885  Office of Tourism, Trade, and Economic Development as eligible
 2886  to receive an allocation from the Florida First Business
 2887  allocation pool established pursuant to s. 159.8083. The
 2888  Department of Economic Opportunity Office of Tourism, Trade, and
 2889  Economic Development may certify those projects meeting the
 2890  criteria set forth in s. 288.106(4)(b) or any project providing
 2891  a substantial economic benefit to this state.
 2892         Section 53. Paragraph (a) of subsection (2) of section
 2893  159.8081, Florida Statutes, is amended to read:
 2894         159.8081 Manufacturing facility bond pool.—
 2895         (2)(a) The first 75 percent of this pool shall be available
 2896  on a first come, first served basis, except that 15 percent of
 2897  the state volume limitation allocated to this pool shall be
 2898  available as provided in paragraph (b). Before Prior to issuing
 2899  any written confirmations for the remaining 25 percent of this
 2900  pool, the executive director shall forward all notices of intent
 2901  to issue which are received by the division for manufacturing
 2902  facility projects to the Department of Economic Opportunity
 2903  Office of Tourism, Trade, and Economic Development. The
 2904  Department of Economic Opportunity Office of Tourism, Trade, and
 2905  Economic Development and the Department of Community Affairs
 2906  shall decide, after receipt of the notices of intent to issue,
 2907  which notices will receive written confirmations. Such decision
 2908  shall be communicated in writing by the Department of Economic
 2909  Opportunity Office of Tourism, Trade, and Economic Development
 2910  to the executive director within 10 days of receipt of such
 2911  notices of intent to issue. The Department of Economic
 2912  Opportunity Office of Tourism, Trade, and Economic Development,
 2913  in consultation with the Department of Community Affairs, may
 2914  develop rules to ensure that allocation of the remaining 25
 2915  percent is consistent with the state’s economic development
 2916  policy.
 2917         Section 54. Section 159.8083, Florida Statutes, is amended
 2918  to read:
 2919         159.8083 Florida First Business allocation pool.—The
 2920  Florida First Business allocation pool is hereby established.
 2921  The Florida First Business allocation pool shall be available
 2922  solely to provide written confirmation for private activity
 2923  bonds to finance Florida First Business projects certified by
 2924  the Department of Economic Opportunity Office of Tourism, Trade,
 2925  and Economic Development as eligible to receive a written
 2926  confirmation. Allocations from such pool shall be awarded
 2927  statewide pursuant to procedures specified in s. 159.805, except
 2928  that the provisions of s. 159.805(2), (3), and (6) do not apply.
 2929  Florida First Business projects that are eligible for a
 2930  carryforward do shall not lose their allocation pursuant to s.
 2931  159.809(3) on October 1, or pursuant to s. 159.809(4) on
 2932  November 16, if they have applied for and have been granted a
 2933  carryforward by the division pursuant to s. 159.81(1). In
 2934  issuing written confirmations of allocations for Florida First
 2935  Business projects, the division shall use the Florida First
 2936  Business allocation pool. If allocation is not available from
 2937  the Florida First Business allocation pool, the division shall
 2938  issue written confirmations of allocations for Florida First
 2939  Business projects pursuant to s. 159.806 or s. 159.807, in such
 2940  order. For the purpose of determining priority within a regional
 2941  allocation pool or the state allocation pool, notices of intent
 2942  to issue bonds for Florida First Business projects to be issued
 2943  from a regional allocation pool or the state allocation pool
 2944  shall be considered to have been received by the division at the
 2945  time it is determined by the division that the Florida First
 2946  Business allocation pool is unavailable to issue confirmation
 2947  for such Florida First Business project. If the total amount
 2948  requested in notices of intent to issue private activity bonds
 2949  for Florida First Business projects exceeds the total amount of
 2950  the Florida First Business allocation pool, the director shall
 2951  forward all timely notices of intent to issue, which are
 2952  received by the division for such projects, to the Department of
 2953  Economic Opportunity Office of Tourism, Trade, and Economic
 2954  Development which shall render a decision as to which notices of
 2955  intent to issue are to receive written confirmations. The
 2956  Department of Economic Opportunity Office of Tourism, Trade, and
 2957  Economic Development, in consultation with the division, shall
 2958  develop rules to ensure that the allocation provided in such
 2959  pool is available solely to provide written confirmations for
 2960  private activity bonds to finance Florida First Business
 2961  projects and that such projects are feasible and financially
 2962  solvent.
 2963         Section 55. Subsection (3) of section 159.809, Florida
 2964  Statutes, is amended to read:
 2965         159.809 Recapture of unused amounts.—
 2966         (3) On October 1 of each year, any portion of the
 2967  allocation made to the Florida First Business allocation pool
 2968  pursuant to s. 159.804(5), or subsection (1), or subsection (2),
 2969  which is eligible for carryforward pursuant to s. 146(f) of the
 2970  Code but which has not been certified for carryforward by the
 2971  Department of Economic Opportunity Office of Tourism, Trade, and
 2972  Economic Development, shall be returned to the Florida First
 2973  Business allocation pool.
 2974         Section 56. Subsection (4) of section 161.142, Florida
 2975  Statutes, is amended to read:
 2976         161.142 Declaration of public policy relating to improved
 2977  navigation inlets.—The Legislature recognizes the need for
 2978  maintaining navigation inlets to promote commercial and
 2979  recreational uses of our coastal waters and their resources. The
 2980  Legislature further recognizes that inlets interrupt or alter
 2981  the natural drift of beach-quality sand resources, which often
 2982  results in these sand resources being deposited in nearshore
 2983  areas or in the inlet channel, or in the inland waterway
 2984  adjacent to the inlet, instead of providing natural nourishment
 2985  to the adjacent eroding beaches. Accordingly, the Legislature
 2986  finds it is in the public interest to replicate the natural
 2987  drift of sand which is interrupted or altered by inlets to be
 2988  replaced and for each level of government to undertake all
 2989  reasonable efforts to maximize inlet sand bypassing to ensure
 2990  that beach-quality sand is placed on adjacent eroding beaches.
 2991  Such activities cannot make up for the historical sand deficits
 2992  caused by inlets but shall be designed to balance the sediment
 2993  budget of the inlet and adjacent beaches and extend the life of
 2994  proximate beach-restoration projects so that periodic
 2995  nourishment is needed less frequently. Therefore, in furtherance
 2996  of this declaration of public policy and the Legislature’s
 2997  intent to redirect and recommit the state’s comprehensive beach
 2998  management efforts to address the beach erosion caused by
 2999  inlets, the department shall ensure that:
 3000         (4) The provisions of subsections (1) and (2) shall not be
 3001  a requirement imposed upon ports listed in s. 403.021(9)(b);
 3002  however, such ports must demonstrate reasonable effort to place
 3003  beach-quality sand from construction and maintenance dredging
 3004  and port-development projects on adjacent eroding beaches in
 3005  accordance with port master plans approved by the Department of
 3006  Economic Opportunity Community Affairs, and permits approved and
 3007  issued by the department, to ensure compliance with this
 3008  section. Ports may sponsor or cosponsor inlet management
 3009  projects that are fully eligible for state cost sharing.
 3010         Section 57. Subsection (10) of section 161.54, Florida
 3011  Statutes, is amended to read:
 3012         161.54 Definitions.—In construing ss. 161.52-161.58:
 3013         (10) “State land planning agency” means the Department of
 3014  Economic Opportunity Community Affairs.
 3015         Section 58. Subsection (1) of section 175.021, Florida
 3016  Statutes, is amended to read:
 3017         175.021 Legislative declaration.—
 3018         (1) It is hereby declared by the Legislature that
 3019  firefighters, as hereinafter defined, perform state and
 3020  municipal functions; that it is their duty to extinguish fires,
 3021  to protect life, and to protect property at their own risk and
 3022  peril; that it is their duty to prevent conflagration and to
 3023  continuously instruct school personnel, public officials, and
 3024  private citizens in the prevention of fires and firesafety; that
 3025  they protect both life and property from local emergencies as
 3026  defined in s. 252.34(3); and that their activities are vital to
 3027  the public safety. It is further declared that firefighters
 3028  employed by special fire control districts serve under the same
 3029  circumstances and perform the same duties as firefighters
 3030  employed by municipalities and should therefore be entitled to
 3031  the benefits available under this chapter. Therefore, the
 3032  Legislature declares that it is a proper and legitimate state
 3033  purpose to provide a uniform retirement system for the benefit
 3034  of firefighters as hereinafter defined and intends, in
 3035  implementing the provisions of s. 14, Art. X of the State
 3036  Constitution as they relate to municipal and special district
 3037  firefighters’ pension trust fund systems and plans, that such
 3038  retirement systems or plans be managed, administered, operated,
 3039  and funded in such manner as to maximize the protection of the
 3040  firefighters’ pension trust funds. Pursuant to s. 18, Art. VII
 3041  of the State Constitution, the Legislature hereby determines and
 3042  declares that the provisions of this act fulfill an important
 3043  state interest.
 3044         Section 59. Subsection (20) of section 163.3164, Florida
 3045  Statutes, is amended to read:
 3046         163.3164 Local Government Comprehensive Planning and Land
 3047  Development Regulation Act; definitions.—As used in this act:
 3048         (20) “State land planning agency” means the Department of
 3049  Economic Opportunity Community Affairs.
 3050         Section 60. Paragraphs (d) and (e) of subsection (9) of
 3051  section 166.021, Florida Statutes, are amended to read:
 3052         166.021 Powers.—
 3053         (9)
 3054         (d) A contract between the governing body of a municipality
 3055  or other entity engaged in economic development activities on
 3056  behalf of the municipality and an economic development agency
 3057  must require the agency or entity receiving municipal funds to
 3058  submit a report to the governing body of the municipality
 3059  detailing how the municipal funds are spent and detailing the
 3060  results of the economic development agency’s or entity’s efforts
 3061  on behalf of the municipality. By January 15, 2011, and annually
 3062  thereafter, the municipality shall file a copy of the report
 3063  with the Office of Economic and Demographic Research Legislative
 3064  Committee on Intergovernmental Relations or its successor entity
 3065  and post a copy of the report on the municipality’s website.
 3066         (e)1. By January 15, 2011, and annually thereafter
 3067  therafter, each municipality having annual revenues or
 3068  expenditures greater than $250,000 shall report to the Office of
 3069  Economic Demographic Research Legislative Committee on
 3070  Intergovernmental Relations or its successor entity the economic
 3071  development incentives in excess of $25,000 given to any
 3072  business during the municipality’s previous fiscal year. The
 3073  Office of Economic and Demographic Research Legislative
 3074  Committee on Intergovernmental Relations or its successor entity
 3075  shall compile the information from the municipalities into a
 3076  report and provide the report to the Department of Economic
 3077  Opportunity Office of Tourism, Trade, and Economic Development.
 3078  Economic development incentives include:
 3079         a. Direct financial incentives of monetary assistance
 3080  provided to a business from the municipality or through an
 3081  organization authorized by the municipality. Such incentives
 3082  include, but are not limited to, grants, loans, equity
 3083  investments, loan insurance and guarantees, and training
 3084  subsidies.
 3085         b. Indirect incentives in the form of grants and loans
 3086  provided to businesses and community organizations that provide
 3087  support to businesses or promote business investment or
 3088  development.
 3089         c. Fee-based or tax-based incentives, including, but not
 3090  limited to, credits, refunds, exemptions, and property tax
 3091  abatement or assessment reductions.
 3092         d. Below-market rate leases or deeds for real property.
 3093         2. A municipality shall report its economic development
 3094  incentives in the format specified by the Office of Economic and
 3095  Demographic Research Legislative Committee on Intergovernmental
 3096  Relations or its successor entity.
 3097         3. The Office of Economic and Demographic Research
 3098  Legislative Committee on Intergovernmental Relations or its
 3099  successor entity shall compile the economic development
 3100  incentives provided by each municipality in a manner that shows
 3101  the total of each class of economic development incentives
 3102  provided by each municipality and all municipalities.
 3103         Section 61. Subsection (1) of section 171.204, Florida
 3104  Statutes, is amended to read:
 3105         171.204 Prerequisites to annexation under this part.—The
 3106  interlocal service boundary agreement may describe the character
 3107  of land that may be annexed under this part and may provide that
 3108  the restrictions on the character of land that may be annexed
 3109  pursuant to part I are not restrictions on land that may be
 3110  annexed pursuant to this part. As determined in the interlocal
 3111  service boundary agreement, any character of land may be
 3112  annexed, including, but not limited to, an annexation of land
 3113  not contiguous to the boundaries of the annexing municipality,
 3114  an annexation that creates an enclave, or an annexation where
 3115  the annexed area is not reasonably compact; however, such area
 3116  must be “urban in character” as defined in s. 171.031(8). The
 3117  interlocal service boundary agreement may not allow for
 3118  annexation of land within a municipality that is not a party to
 3119  the agreement or of land that is within another county. Before
 3120  annexation of land that is not contiguous to the boundaries of
 3121  the annexing municipality, an annexation that creates an
 3122  enclave, or an annexation of land that is not currently served
 3123  by water or sewer utilities, one of the following options must
 3124  be followed:
 3125         (1) The municipality shall transmit a comprehensive plan
 3126  amendment that proposes specific amendments relating to the
 3127  property anticipated for annexation to the Department of
 3128  Economic Opportunity Community Affairs for review under chapter
 3129  163. After considering the department’s review, the municipality
 3130  may approve the annexation and comprehensive plan amendment
 3131  concurrently. The local government must adopt the annexation and
 3132  the comprehensive plan amendment as separate and distinct
 3133  actions but may take such actions at a single public hearing; or
 3134         Section 62. Paragraph (c) of subsection (4) of section
 3135  186.504, Florida Statutes, is amended to read:
 3136         186.504 Regional planning councils; creation; membership.—
 3137         (4) In addition to voting members appointed pursuant to
 3138  paragraph (2)(c), the Governor shall appoint the following ex
 3139  officio nonvoting members to each regional planning council:
 3140         (c) A representative nominated by the Department of
 3141  Economic Opportunity Enterprise Florida, Inc., and the Office of
 3142  Tourism, Trade, and Economic Development.
 3143  
 3144  The Governor may also appoint ex officio nonvoting members
 3145  representing appropriate metropolitan planning organizations and
 3146  regional water supply authorities.
 3147         Section 63. Subsection (11) of section 186.505, Florida
 3148  Statutes, is amended to read:
 3149         186.505 Regional planning councils; powers and duties.—Any
 3150  regional planning council created hereunder shall have the
 3151  following powers:
 3152         (11) To cooperate, in the exercise of its planning
 3153  functions, with federal and state agencies in planning for
 3154  emergency management as defined in under s. 252.34(4).
 3155         Section 64. Subsection (4) of section 189.403, Florida
 3156  Statutes, is amended to read:
 3157         189.403 Definitions.—As used in this chapter, the term:
 3158         (4) “Department” means the Department of Economic
 3159  Opportunity Community Affairs.
 3160         Section 65. Section 189.412, Florida Statutes, is amended
 3161  to read:
 3162         189.412 Special District Information Program; duties and
 3163  responsibilities.—The Special District Information Program of
 3164  the department of Economic Opportunity Community Affairs is
 3165  created and has the following special duties:
 3166         (1) The collection and maintenance of special district
 3167  noncompliance status reports from the Department of Management
 3168  Services, the Department of Financial Services, the Division of
 3169  Bond Finance of the State Board of Administration, and the
 3170  Auditor General for the reporting required in ss. 112.63,
 3171  218.32, 218.38, and 218.39. The noncompliance reports must list
 3172  those special districts that did not comply with the statutory
 3173  reporting requirements.
 3174         (2) The maintenance of a master list of independent and
 3175  dependent special districts which shall be available on the
 3176  department’s website.
 3177         (3) The publishing and updating of a “Florida Special
 3178  District Handbook” that contains, at a minimum:
 3179         (a) A section that specifies definitions of special
 3180  districts and status distinctions in the statutes.
 3181         (b) A section or sections that specify current statutory
 3182  provisions for special district creation, implementation,
 3183  modification, dissolution, and operating procedures.
 3184         (c) A section that summarizes the reporting requirements
 3185  applicable to all types of special districts as provided in ss.
 3186  189.417 and 189.418.
 3187         (4) When feasible, securing and maintaining access to
 3188  special district information collected by all state agencies in
 3189  existing or newly created state computer systems.
 3190         (5) The facilitation of coordination and communication
 3191  among state agencies regarding special district information.
 3192         (6) The conduct of studies relevant to special districts.
 3193         (7) The provision of assistance related to and appropriate
 3194  in the performance of requirements specified in this chapter,
 3195  including assisting with an annual conference sponsored by the
 3196  Florida Association of Special Districts or its successor.
 3197         (8) Providing assistance to local general-purpose
 3198  governments and certain state agencies in collecting delinquent
 3199  reports or information, helping special districts comply with
 3200  reporting requirements, declaring special districts inactive
 3201  when appropriate, and, when directed by the Legislative Auditing
 3202  Committee, initiating enforcement provisions as provided in ss.
 3203  189.4044, 189.419, and 189.421.
 3204         Section 66. Section 189.413, Florida Statutes, is amended
 3205  to read:
 3206         189.413 Special districts; oversight of state funds use.
 3207  Any state agency administering funding programs for which
 3208  special districts are eligible shall be responsible for
 3209  oversight of the use of such funds by special districts. The
 3210  oversight responsibilities shall include, but not be limited to:
 3211         (1) Reporting the existence of the program to the Special
 3212  District Information Program of the department of Community
 3213  Affairs.
 3214         (2) Submitting annually a list of special districts
 3215  participating in a state funding program to the Special District
 3216  Information Program of the department of Community Affairs. This
 3217  list must indicate the special districts, if any, that are not
 3218  in compliance with state funding program requirements.
 3219         Section 67. Section 189.425, Florida Statutes, is amended
 3220  to read:
 3221         189.425 Rulemaking authority.—The department of Community
 3222  Affairs may adopt rules to implement the provisions of this
 3223  chapter.
 3224         Section 68. Section 189.427, Florida Statutes, is amended
 3225  to read:
 3226         189.427 Fee schedule; Grants and Donations Operating Trust
 3227  Fund.—The Department of Economic Opportunity Community Affairs,
 3228  by rule, shall establish a schedule of fees to pay one-half of
 3229  the costs incurred by the department in administering this act,
 3230  except that the fee may not exceed $175 per district per year.
 3231  The fees collected under this section shall be deposited in the
 3232  Grants and Donations Operating Trust Fund, which shall be
 3233  administered by the Department of Economic Opportunity Community
 3234  Affairs. Any fee rule must consider factors such as the
 3235  dependent and independent status of the district and district
 3236  revenues for the most recent fiscal year as reported to the
 3237  Department of Financial Services. The department may assess
 3238  fines of not more than $25, with an aggregate total not to
 3239  exceed $50, as penalties against special districts that fail to
 3240  remit required fees to the department. It is the intent of the
 3241  Legislature that general revenue funds will be made available to
 3242  the department to pay one-half of the cost of administering this
 3243  act.
 3244         Section 69. Subsection (1) of section 189.4034, Florida
 3245  Statutes, is amended to read:
 3246         189.4035 Preparation of official list of special
 3247  districts.—
 3248         (1) The Department of Economic Opportunity Community
 3249  Affairs shall compile the official list of special districts.
 3250  The official list of special districts shall include all special
 3251  districts in this state and shall indicate the independent or
 3252  dependent status of each district. All special districts in the
 3253  list shall be sorted by county. The definitions in s. 189.403
 3254  shall be the criteria for determination of the independent or
 3255  dependent status of each special district on the official list.
 3256  The status of community development districts shall be
 3257  independent on the official list of special districts.
 3258         Section 70. Subsection (2) of section 190.009, Florida
 3259  Statutes, is amended to read:
 3260         190.009 Disclosure of public financing.—
 3261         (2) The Department of Economic Opportunity Community
 3262  Affairs shall keep a current list of districts and their
 3263  disclosures pursuant to this act and shall make such studies and
 3264  reports and take such actions as it deems necessary.
 3265         Section 71. Section 190.047, Florida Statutes, is amended
 3266  to read:
 3267         190.047 Incorporation or annexation of district.—
 3268         (1) Upon attaining the population standards for
 3269  incorporation contained in s. 165.061 and as determined by the
 3270  Department of Economic Opportunity Community Affairs, any
 3271  district wholly contained within the unincorporated area of a
 3272  county that also meets the other requirements for incorporation
 3273  contained in s. 165.061 shall hold a referendum at a general
 3274  election on the question of whether to incorporate. However, any
 3275  district contiguous to the boundary of a municipality may be
 3276  annexed to such municipality pursuant to the provisions of
 3277  chapter 171.
 3278         (2) The Department of Economic Opportunity Community
 3279  Affairs shall annually monitor the status of the district for
 3280  purposes of carrying out the provisions of this section.
 3281         Section 72. Subsection (1) of section 191.009, Florida
 3282  Statutes, is amended to read:
 3283         191.009 Taxes; non-ad valorem assessments; impact fees and
 3284  user charges.—
 3285         (1) AD VALOREM TAXES.—An elected board may levy and assess
 3286  ad valorem taxes on all taxable property in the district to
 3287  construct, operate, and maintain district facilities and
 3288  services, to pay the principal of, and interest on, general
 3289  obligation bonds of the district, and to provide for any sinking
 3290  or other funds established in connection with such bonds. An ad
 3291  valorem tax levied by the board for operating purposes,
 3292  exclusive of debt service on bonds, may not exceed 3.75 mills
 3293  unless a higher amount has been previously authorized by law,
 3294  subject to a referendum as required by the State Constitution
 3295  and this act. The ballot question on such referendum shall state
 3296  the currently authorized millage rate and the year of its
 3297  approval by referendum. The levy of ad valorem taxes pursuant to
 3298  this section must be approved by referendum called by the board
 3299  when the proposed levy of ad valorem taxes exceeds the amount
 3300  authorized by prior special act, general law of local
 3301  application, or county ordinance approved by referendum. Nothing
 3302  in this act shall require a referendum on the levy of ad valorem
 3303  taxes in an amount previously authorized by special act, general
 3304  law of local application, or county ordinance approved by
 3305  referendum. Such tax shall be assessed, levied, and collected in
 3306  the same manner as county taxes. The levy of ad valorem taxes
 3307  approved by referendum shall be reported within 60 days after
 3308  the vote to the Department of Economic Opportunity Community
 3309  Affairs.
 3310         Section 73. Section 191.015, Florida Statutes, is amended
 3311  to read:
 3312         191.015 Codification.—Each fire control district existing
 3313  on the effective date of this section, by December 1, 2004,
 3314  shall submit to the Legislature a draft codified charter, at its
 3315  expense, so that its special acts may be codified into a single
 3316  act for reenactment by the Legislature, if there is more than
 3317  one special act for the district. The Legislature may adopt a
 3318  schedule for individual district codification. Any codified act
 3319  relating to a district, which act is submitted to the
 3320  Legislature for reenactment, shall provide for the repeal of all
 3321  prior special acts of the Legislature relating to the district.
 3322  The codified act shall be filed with the Department of Economic
 3323  Opportunity Community Affairs pursuant to s. 189.418(2).
 3324         Section 74. Paragraph (a) of subsection (1) of section
 3325  202.37, Florida Statutes, is amended to read:
 3326         202.37 Special rules for administration of local
 3327  communications services tax.—
 3328         (1)(a) Except as otherwise provided in this section, all
 3329  statutory provisions and administrative rules applicable to the
 3330  communications services tax imposed by s. 202.12 apply to any
 3331  local communications services tax imposed under s. 202.19, and
 3332  the department shall administer, collect, and enforce all taxes
 3333  imposed under s. 202.19, including interest and penalties
 3334  attributable thereto, in accordance with the same procedures
 3335  used in the administration, collection, and enforcement of the
 3336  communications services tax imposed by s. 202.12. Audits
 3337  performed by the department shall include a determination of the
 3338  dealer’s compliance with the jurisdictional situsing of its
 3339  customers’ service addresses and a determination of whether the
 3340  rate collected for the local tax pursuant to ss. 202.19 and
 3341  202.20 is correct. The person or entity designated by a local
 3342  government pursuant to s. 213.053(8) s. 213.053(8)(v) may
 3343  provide evidence to the department demonstrating a specific
 3344  person’s failure to fully or correctly report taxable
 3345  communications services sales within the jurisdiction. The
 3346  department may request additional information from the designee
 3347  to assist in any review. The department shall inform the
 3348  designee of what action, if any, the department intends to take
 3349  regarding the person.
 3350         Section 75. Paragraphs (g), (h), (j), and (p) of subsection
 3351  (5) and paragraph (b) of subsection (15) of section 212.08,
 3352  Florida Statutes, are amended to read:
 3353         212.08 Sales, rental, use, consumption, distribution, and
 3354  storage tax; specified exemptions.—The sale at retail, the
 3355  rental, the use, the consumption, the distribution, and the
 3356  storage to be used or consumed in this state of the following
 3357  are hereby specifically exempt from the tax imposed by this
 3358  chapter.
 3359         (5) EXEMPTIONS; ACCOUNT OF USE.—
 3360         (g) Building materials used in the rehabilitation of real
 3361  property located in an enterprise zone.—
 3362         1. Building materials used in the rehabilitation of real
 3363  property located in an enterprise zone are exempt from the tax
 3364  imposed by this chapter upon an affirmative showing to the
 3365  satisfaction of the department that the items have been used for
 3366  the rehabilitation of real property located in an enterprise
 3367  zone. Except as provided in subparagraph 2., this exemption
 3368  inures to the owner, lessee, or lessor at the time the real
 3369  property is rehabilitated, but only through a refund of
 3370  previously paid taxes. To receive a refund pursuant to this
 3371  paragraph, the owner, lessee, or lessor of the rehabilitated
 3372  real property must file an application under oath with the
 3373  governing body or enterprise zone development agency having
 3374  jurisdiction over the enterprise zone where the business is
 3375  located, as applicable. A single application for a refund may be
 3376  submitted for multiple, contiguous parcels that were part of a
 3377  single parcel that was divided as part of the rehabilitation of
 3378  the property. All other requirements of this paragraph apply to
 3379  each parcel on an individual basis. The application must
 3380  include:
 3381         a. The name and address of the person claiming the refund.
 3382         b. An address and assessment roll parcel number of the
 3383  rehabilitated real property for which a refund of previously
 3384  paid taxes is being sought.
 3385         c. A description of the improvements made to accomplish the
 3386  rehabilitation of the real property.
 3387         d. A copy of a valid building permit issued by the county
 3388  or municipal building department for the rehabilitation of the
 3389  real property.
 3390         e. A sworn statement, under penalty of perjury, from the
 3391  general contractor licensed in this state with whom the
 3392  applicant contracted to make the improvements necessary to
 3393  rehabilitate the real property, which lists the building
 3394  materials used to rehabilitate the real property, the actual
 3395  cost of the building materials, and the amount of sales tax paid
 3396  in this state on the building materials. If a general contractor
 3397  was not used, the applicant, not a general contractor, shall
 3398  make the sworn statement required by this sub-subparagraph.
 3399  Copies of the invoices that evidence the purchase of the
 3400  building materials used in the rehabilitation and the payment of
 3401  sales tax on the building materials must be attached to the
 3402  sworn statement provided by the general contractor or by the
 3403  applicant. Unless the actual cost of building materials used in
 3404  the rehabilitation of real property and the payment of sales
 3405  taxes is documented by a general contractor or by the applicant
 3406  in this manner, the cost of the building materials is deemed to
 3407  be an amount equal to 40 percent of the increase in assessed
 3408  value for ad valorem tax purposes.
 3409         f. The identifying number assigned pursuant to s. 290.0065
 3410  to the enterprise zone in which the rehabilitated real property
 3411  is located.
 3412         g. A certification by the local building code inspector
 3413  that the improvements necessary to rehabilitate the real
 3414  property are substantially completed.
 3415         h. A statement of whether the business is a small business
 3416  as defined by s. 288.703(1).
 3417         i. If applicable, the name and address of each permanent
 3418  employee of the business, including, for each employee who is a
 3419  resident of an enterprise zone, the identifying number assigned
 3420  pursuant to s. 290.0065 to the enterprise zone in which the
 3421  employee resides.
 3422         2. This exemption inures to a municipality, county, other
 3423  governmental unit or agency, or nonprofit community-based
 3424  organization through a refund of previously paid taxes if the
 3425  building materials used in the rehabilitation are paid for from
 3426  the funds of a community development block grant, State Housing
 3427  Initiatives Partnership Program, or similar grant or loan
 3428  program. To receive a refund, a municipality, county, other
 3429  governmental unit or agency, or nonprofit community-based
 3430  organization must file an application that includes the same
 3431  information required in subparagraph 1. In addition, the
 3432  application must include a sworn statement signed by the chief
 3433  executive officer of the municipality, county, other
 3434  governmental unit or agency, or nonprofit community-based
 3435  organization seeking a refund which states that the building
 3436  materials for which a refund is sought were funded by a
 3437  community development block grant, State Housing Initiatives
 3438  Partnership Program, or similar grant or loan program.
 3439         3. Within 10 working days after receipt of an application,
 3440  the governing body or enterprise zone development agency shall
 3441  review the application to determine if it contains all the
 3442  information required by subparagraph 1. or subparagraph 2. and
 3443  meets the criteria set out in this paragraph. The governing body
 3444  or agency shall certify all applications that contain the
 3445  required information and are eligible to receive a refund. If
 3446  applicable, the governing body or agency shall also certify if
 3447  20 percent of the employees of the business are residents of an
 3448  enterprise zone, excluding temporary and part-time employees.
 3449  The certification must be in writing, and a copy of the
 3450  certification shall be transmitted to the executive director of
 3451  the department. The applicant is responsible for forwarding a
 3452  certified application to the department within the time
 3453  specified in subparagraph 4.
 3454         4. An application for a refund must be submitted to the
 3455  department within 6 months after the rehabilitation of the
 3456  property is deemed to be substantially completed by the local
 3457  building code inspector or by November 1 after the rehabilitated
 3458  property is first subject to assessment.
 3459         5. Only one exemption through a refund of previously paid
 3460  taxes for the rehabilitation of real property is permitted for
 3461  any single parcel of property unless there is a change in
 3462  ownership, a new lessor, or a new lessee of the real property. A
 3463  refund may not be granted unless the amount to be refunded
 3464  exceeds $500. A refund may not exceed the lesser of 97 percent
 3465  of the Florida sales or use tax paid on the cost of the building
 3466  materials used in the rehabilitation of the real property as
 3467  determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
 3468  at least 20 percent of the employees of the business are
 3469  residents of an enterprise zone, excluding temporary and part
 3470  time employees, the amount of refund may not exceed the lesser
 3471  of 97 percent of the sales tax paid on the cost of the building
 3472  materials or $10,000. A refund shall be made within 30 days
 3473  after formal approval by the department of the application for
 3474  the refund.
 3475         6. The department shall adopt rules governing the manner
 3476  and form of refund applications and may establish guidelines as
 3477  to the requisites for an affirmative showing of qualification
 3478  for exemption under this paragraph.
 3479         7. The department shall deduct an amount equal to 10
 3480  percent of each refund granted under this paragraph from the
 3481  amount transferred into the Local Government Half-cent Sales Tax
 3482  Clearing Trust Fund pursuant to s. 212.20 for the county area in
 3483  which the rehabilitated real property is located and shall
 3484  transfer that amount to the General Revenue Fund.
 3485         8. For the purposes of the exemption provided in this
 3486  paragraph, the term:
 3487         a. “Building materials” means tangible personal property
 3488  that becomes a component part of improvements to real property.
 3489         b. “Real property” has the same meaning as provided in s.
 3490  192.001(12), except that the term does not include a condominium
 3491  parcel or condominium property as defined in s. 718.103.
 3492         c. “Rehabilitation of real property” means the
 3493  reconstruction, renovation, restoration, rehabilitation,
 3494  construction, or expansion of improvements to real property.
 3495         d. “Substantially completed” has the same meaning as
 3496  provided in s. 192.042(1).
 3497         9. This paragraph expires on the date specified in s.
 3498  290.016 for the expiration of the Florida Enterprise Zone Act.
 3499         (h) Business property used in an enterprise zone.—
 3500         1. Business property purchased for use by businesses
 3501  located in an enterprise zone which is subsequently used in an
 3502  enterprise zone shall be exempt from the tax imposed by this
 3503  chapter. This exemption inures to the business only through a
 3504  refund of previously paid taxes. A refund shall be authorized
 3505  upon an affirmative showing by the taxpayer to the satisfaction
 3506  of the department that the requirements of this paragraph have
 3507  been met.
 3508         2. To receive a refund, the business must file under oath
 3509  with the governing body or enterprise zone development agency
 3510  having jurisdiction over the enterprise zone where the business
 3511  is located, as applicable, an application which includes:
 3512         a. The name and address of the business claiming the
 3513  refund.
 3514         b. The identifying number assigned pursuant to s. 290.0065
 3515  to the enterprise zone in which the business is located.
 3516         c. A specific description of the property for which a
 3517  refund is sought, including its serial number or other permanent
 3518  identification number.
 3519         d. The location of the property.
 3520         e. The sales invoice or other proof of purchase of the
 3521  property, showing the amount of sales tax paid, the date of
 3522  purchase, and the name and address of the sales tax dealer from
 3523  whom the property was purchased.
 3524         f. Whether the business is a small business as defined by
 3525  s. 288.703(1).
 3526         g. If applicable, the name and address of each permanent
 3527  employee of the business, including, for each employee who is a
 3528  resident of an enterprise zone, the identifying number assigned
 3529  pursuant to s. 290.0065 to the enterprise zone in which the
 3530  employee resides.
 3531         3. Within 10 working days after receipt of an application,
 3532  the governing body or enterprise zone development agency shall
 3533  review the application to determine if it contains all the
 3534  information required pursuant to subparagraph 2. and meets the
 3535  criteria set out in this paragraph. The governing body or agency
 3536  shall certify all applications that contain the information
 3537  required pursuant to subparagraph 2. and meet the criteria set
 3538  out in this paragraph as eligible to receive a refund. If
 3539  applicable, the governing body or agency shall also certify if
 3540  20 percent of the employees of the business are residents of an
 3541  enterprise zone, excluding temporary and part-time employees.
 3542  The certification shall be in writing, and a copy of the
 3543  certification shall be transmitted to the executive director of
 3544  the Department of Revenue. The business shall be responsible for
 3545  forwarding a certified application to the department within the
 3546  time specified in subparagraph 4.
 3547         4. An application for a refund pursuant to this paragraph
 3548  must be submitted to the department within 6 months after the
 3549  tax is due on the business property that is purchased.
 3550         5. The amount refunded on purchases of business property
 3551  under this paragraph shall be the lesser of 97 percent of the
 3552  sales tax paid on such business property or $5,000, or, if no
 3553  less than 20 percent of the employees of the business are
 3554  residents of an enterprise zone, excluding temporary and part
 3555  time employees, the amount refunded on purchases of business
 3556  property under this paragraph shall be the lesser of 97 percent
 3557  of the sales tax paid on such business property or $10,000. A
 3558  refund approved pursuant to this paragraph shall be made within
 3559  30 days after of formal approval by the department of the
 3560  application for the refund. A No refund may not shall be granted
 3561  under this paragraph unless the amount to be refunded exceeds
 3562  $100 in sales tax paid on purchases made within a 60-day time
 3563  period.
 3564         6. The department shall adopt rules governing the manner
 3565  and form of refund applications and may establish guidelines as
 3566  to the requisites for an affirmative showing of qualification
 3567  for exemption under this paragraph.
 3568         7. If the department determines that the business property
 3569  is used outside an enterprise zone within 3 years from the date
 3570  of purchase, the amount of taxes refunded to the business
 3571  purchasing such business property shall immediately be due and
 3572  payable to the department by the business, together with the
 3573  appropriate interest and penalty, computed from the date of
 3574  purchase, in the manner provided by this chapter.
 3575  Notwithstanding this subparagraph, business property used
 3576  exclusively in:
 3577         a. Licensed commercial fishing vessels,
 3578         b. Fishing guide boats, or
 3579         c. Ecotourism guide boats
 3580  
 3581  that leave and return to a fixed location within an area
 3582  designated under s. 379.2353, Florida Statutes 2010, are
 3583  eligible for the exemption provided under this paragraph if all
 3584  requirements of this paragraph are met. Such vessels and boats
 3585  must be owned by a business that is eligible to receive the
 3586  exemption provided under this paragraph. This exemption does not
 3587  apply to the purchase of a vessel or boat.
 3588         8. The department shall deduct an amount equal to 10
 3589  percent of each refund granted under the provisions of this
 3590  paragraph from the amount transferred into the Local Government
 3591  Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
 3592  for the county area in which the business property is located
 3593  and shall transfer that amount to the General Revenue Fund.
 3594         9. For the purposes of this exemption, “business property”
 3595  means new or used property defined as “recovery property” in s.
 3596  168(c) of the Internal Revenue Code of 1954, as amended, except:
 3597         a. Property classified as 3-year property under s.
 3598  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
 3599         b. Industrial machinery and equipment as defined in sub
 3600  subparagraph (b)6.a. and eligible for exemption under paragraph
 3601  (b);
 3602         c. Building materials as defined in sub-subparagraph
 3603  (g)8.a.; and
 3604         d. Business property having a sales price of under $5,000
 3605  per unit.
 3606         10. This paragraph expires on the date specified in s.
 3607  290.016 for the expiration of the Florida Enterprise Zone Act.
 3608         (j) Machinery and equipment used in semiconductor, defense,
 3609  or space technology production.—
 3610         1.a. Industrial machinery and equipment used in
 3611  semiconductor technology facilities certified under subparagraph
 3612  5. to manufacture, process, compound, or produce semiconductor
 3613  technology products for sale or for use by these facilities are
 3614  exempt from the tax imposed by this chapter. For purposes of
 3615  this paragraph, industrial machinery and equipment includes
 3616  molds, dies, machine tooling, other appurtenances or accessories
 3617  to machinery and equipment, testing equipment, test beds,
 3618  computers, and software, whether purchased or self-fabricated,
 3619  and, if self-fabricated, includes materials and labor for
 3620  design, fabrication, and assembly.
 3621         b. Industrial machinery and equipment used in defense or
 3622  space technology facilities certified under subparagraph 5. to
 3623  design, manufacture, assemble, process, compound, or produce
 3624  defense technology products or space technology products for
 3625  sale or for use by these facilities are exempt from the tax
 3626  imposed by this chapter.
 3627         2. Building materials purchased for use in manufacturing or
 3628  expanding clean rooms in semiconductor-manufacturing facilities
 3629  are exempt from the tax imposed by this chapter.
 3630         3. In addition to meeting the criteria mandated by
 3631  subparagraph 1. or subparagraph 2., a business must be certified
 3632  by the Department of Economic Opportunity Office of Tourism,
 3633  Trade, and Economic Development in order to qualify for
 3634  exemption under this paragraph.
 3635         4. For items purchased tax-exempt pursuant to this
 3636  paragraph, possession of a written certification from the
 3637  purchaser, certifying the purchaser’s entitlement to the
 3638  exemption, relieves the seller of the responsibility of
 3639  collecting the tax on the sale of such items, and the department
 3640  shall look solely to the purchaser for recovery of the tax if it
 3641  determines that the purchaser was not entitled to the exemption.
 3642         5.a. To be eligible to receive the exemption provided by
 3643  subparagraph 1. or subparagraph 2., a qualifying business entity
 3644  shall initially apply to Enterprise Florida, Inc. The original
 3645  certification is valid for a period of 2 years. In lieu of
 3646  submitting a new application, the original certification may be
 3647  renewed biennially by submitting to the Department of Economic
 3648  Opportunity Office of Tourism, Trade, and Economic Development a
 3649  statement, certified under oath, that there has not been a no
 3650  material change in the conditions or circumstances entitling the
 3651  business entity to the original certification. The initial
 3652  application and the certification renewal statement shall be
 3653  developed by the Department of Economic Opportunity Office of
 3654  Tourism, Trade, and Economic Development in consultation with
 3655  Enterprise Florida, Inc.
 3656         b. The Division of Strategic Business Development of the
 3657  Department of Economic Opportunity Enterprise Florida, Inc.,
 3658  shall review each submitted initial application and determine
 3659  whether or not the application is complete within 5 working
 3660  days. Once complete, the division Enterprise Florida, Inc.,
 3661  shall, within 10 working days, evaluate the application and
 3662  recommend approval or disapproval to the Department of Economic
 3663  Opportunity Office of Tourism, Trade, and Economic Development.
 3664         c. Upon receipt of the initial application and
 3665  recommendation from the division Enterprise Florida, Inc., or
 3666  upon receipt of a certification renewal statement, the
 3667  Department of Economic Opportunity Office of Tourism, Trade, and
 3668  Economic Development shall certify within 5 working days those
 3669  applicants who are found to meet the requirements of this
 3670  section and notify the applicant, Enterprise Florida, Inc., and
 3671  the department of the original certification or certification
 3672  renewal. If the Department of Economic Opportunity Office of
 3673  Tourism, Trade, and Economic Development finds that the
 3674  applicant does not meet the requirements, it shall notify the
 3675  applicant and Enterprise Florida, Inc., within 10 working days
 3676  that the application for certification has been denied and the
 3677  reasons for denial. The Department of Economic Opportunity
 3678  Office of Tourism, Trade, and Economic Development has final
 3679  approval authority for certification under this section.
 3680         d. The initial application and certification renewal
 3681  statement must indicate, for program evaluation purposes only,
 3682  the average number of full-time equivalent employees at the
 3683  facility over the preceding calendar year, the average wage and
 3684  benefits paid to those employees over the preceding calendar
 3685  year, the total investment made in real and tangible personal
 3686  property over the preceding calendar year, and the total value
 3687  of tax-exempt purchases and taxes exempted during the previous
 3688  year. The department shall assist the Department of Economic
 3689  Opportunity Office of Tourism, Trade, and Economic Development
 3690  in evaluating and verifying information provided in the
 3691  application for exemption.
 3692         e. The Department of Economic Opportunity Office of
 3693  Tourism, Trade, and Economic Development may use the information
 3694  reported on the initial application and certification renewal
 3695  statement for evaluation purposes only.
 3696         6. A business certified to receive this exemption may elect
 3697  to designate one or more state universities or community
 3698  colleges as recipients of up to 100 percent of the amount of the
 3699  exemption. To receive these funds, the institution must agree to
 3700  match the funds with equivalent cash, programs, services, or
 3701  other in-kind support on a one-to-one basis for research and
 3702  development projects requested by the certified business. The
 3703  rights to any patents, royalties, or real or intellectual
 3704  property must be vested in the business unless otherwise agreed
 3705  to by the business and the university or community college.
 3706         7. As used in this paragraph, the term:
 3707         a. “Semiconductor technology products” means raw
 3708  semiconductor wafers or semiconductor thin films that are
 3709  transformed into semiconductor memory or logic wafers, including
 3710  wafers containing mixed memory and logic circuits; related
 3711  assembly and test operations; active-matrix flat panel displays;
 3712  semiconductor chips; semiconductor lasers; optoelectronic
 3713  elements; and related semiconductor technology products as
 3714  determined by the Department of Economic Opportunity Office of
 3715  Tourism, Trade, and Economic Development.
 3716         b. “Clean rooms” means manufacturing facilities enclosed in
 3717  a manner that meets the clean manufacturing requirements
 3718  necessary for high-technology semiconductor-manufacturing
 3719  environments.
 3720         c. “Defense technology products” means products that have a
 3721  military application, including, but not limited to, weapons,
 3722  weapons systems, guidance systems, surveillance systems,
 3723  communications or information systems, munitions, aircraft,
 3724  vessels, or boats, or components thereof, which are intended for
 3725  military use and manufactured in performance of a contract with
 3726  the United States Department of Defense or the military branch
 3727  of a recognized foreign government or a subcontract thereunder
 3728  which relates to matters of national defense.
 3729         d. “Space technology products” means products that are
 3730  specifically designed or manufactured for application in space
 3731  activities, including, but not limited to, space launch
 3732  vehicles, space flight vehicles, missiles, satellites or
 3733  research payloads, avionics, and associated control systems and
 3734  processing systems and components of any of the foregoing. The
 3735  term does not include products that are designed or manufactured
 3736  for general commercial aviation or other uses even though those
 3737  products may also serve an incidental use in space applications.
 3738         (p) Community contribution tax credit for donations.—
 3739         1. Authorization.—Persons who are registered with the
 3740  department under s. 212.18 to collect or remit sales or use tax
 3741  and who make donations to eligible sponsors are eligible for tax
 3742  credits against their state sales and use tax liabilities as
 3743  provided in this paragraph:
 3744         a. The credit shall be computed as 50 percent of the
 3745  person’s approved annual community contribution.
 3746         b. The credit shall be granted as a refund against state
 3747  sales and use taxes reported on returns and remitted in the 12
 3748  months preceding the date of application to the department for
 3749  the credit as required in sub-subparagraph 3.c. If the annual
 3750  credit is not fully used through such refund because of
 3751  insufficient tax payments during the applicable 12-month period,
 3752  the unused amount may be included in an application for a refund
 3753  made pursuant to sub-subparagraph 3.c. in subsequent years
 3754  against the total tax payments made for such year. Carryover
 3755  credits may be applied for a 3-year period without regard to any
 3756  time limitation that would otherwise apply under s. 215.26.
 3757         c. A person may not receive more than $200,000 in annual
 3758  tax credits for all approved community contributions made in any
 3759  one year.
 3760         d. All proposals for the granting of the tax credit require
 3761  the prior approval of the Department of Economic Opportunity
 3762  Office of Tourism, Trade, and Economic Development.
 3763         e. The total amount of tax credits which may be granted for
 3764  all programs approved under this paragraph, s. 220.183, and s.
 3765  624.5105 is $10.5 million annually for projects that provide
 3766  homeownership opportunities for low-income or very-low-income
 3767  households as defined in s. 420.9071(19) and (28) and $3.5
 3768  million annually for all other projects.
 3769         f. A person who is eligible to receive the credit provided
 3770  for in this paragraph, s. 220.183, or s. 624.5105 may receive
 3771  the credit only under the one section of the person’s choice.
 3772         2. Eligibility requirements.—
 3773         a. A community contribution by a person must be in the
 3774  following form:
 3775         (I) Cash or other liquid assets;
 3776         (II) Real property;
 3777         (III) Goods or inventory; or
 3778         (IV) Other physical resources as identified by the
 3779  Department of Economic Opportunity Office of Tourism, Trade, and
 3780  Economic Development.
 3781         b. All community contributions must be reserved exclusively
 3782  for use in a project. As used in this sub-subparagraph, the term
 3783  “project” means any activity undertaken by an eligible sponsor
 3784  which is designed to construct, improve, or substantially
 3785  rehabilitate housing that is affordable to low-income or very
 3786  low-income households as defined in s. 420.9071(19) and (28);
 3787  designed to provide commercial, industrial, or public resources
 3788  and facilities; or designed to improve entrepreneurial and job
 3789  development opportunities for low-income persons. A project may
 3790  be the investment necessary to increase access to high-speed
 3791  broadband capability in rural communities with enterprise zones,
 3792  including projects that result in improvements to communications
 3793  assets that are owned by a business. A project may include the
 3794  provision of museum educational programs and materials that are
 3795  directly related to any project approved between January 1,
 3796  1996, and December 31, 1999, and located in an enterprise zone
 3797  designated pursuant to s. 290.0065. This paragraph does not
 3798  preclude projects that propose to construct or rehabilitate
 3799  housing for low-income or very-low-income households on
 3800  scattered sites. With respect to housing, contributions may be
 3801  used to pay the following eligible low-income and very-low
 3802  income housing-related activities:
 3803         (I) Project development impact and management fees for low
 3804  income or very-low-income housing projects;
 3805         (II) Down payment and closing costs for eligible persons,
 3806  as defined in s. 420.9071(19) and (28);
 3807         (III) Administrative costs, including housing counseling
 3808  and marketing fees, not to exceed 10 percent of the community
 3809  contribution, directly related to low-income or very-low-income
 3810  projects; and
 3811         (IV) Removal of liens recorded against residential property
 3812  by municipal, county, or special district local governments when
 3813  satisfaction of the lien is a necessary precedent to the
 3814  transfer of the property to an eligible person, as defined in s.
 3815  420.9071(19) and (28), for the purpose of promoting home
 3816  ownership. Contributions for lien removal must be received from
 3817  a nonrelated third party.
 3818         c. The project must be undertaken by an “eligible sponsor,”
 3819  which includes:
 3820         (I) A community action program;
 3821         (II) A nonprofit community-based development organization
 3822  whose mission is the provision of housing for low-income or
 3823  very-low-income households or increasing entrepreneurial and
 3824  job-development opportunities for low-income persons;
 3825         (III) A neighborhood housing services corporation;
 3826         (IV) A local housing authority created under chapter 421;
 3827         (V) A community redevelopment agency created under s.
 3828  163.356;
 3829         (VI) The Florida Industrial Development Corporation;
 3830         (VII) A historic preservation district agency or
 3831  organization;
 3832         (VIII) A regional workforce board;
 3833         (IX) A direct-support organization as provided in s.
 3834  1009.983;
 3835         (X) An enterprise zone development agency created under s.
 3836  290.0056;
 3837         (XI) A community-based organization incorporated under
 3838  chapter 617 which is recognized as educational, charitable, or
 3839  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 3840  and whose bylaws and articles of incorporation include
 3841  affordable housing, economic development, or community
 3842  development as the primary mission of the corporation;
 3843         (XII) Units of local government;
 3844         (XIII) Units of state government; or
 3845         (XIV) Any other agency that the Department of Economic
 3846  Opportunity Office of Tourism, Trade, and Economic Development
 3847  designates by rule.
 3848  
 3849  In no event may a contributing person have a financial interest
 3850  in the eligible sponsor.
 3851         d. The project must be located in an area designated an
 3852  enterprise zone or a Front Porch Florida Community pursuant to
 3853  s. 20.18(6), unless the project increases access to high-speed
 3854  broadband capability for rural communities with enterprise zones
 3855  but is physically located outside the designated rural zone
 3856  boundaries. Any project designed to construct or rehabilitate
 3857  housing for low-income or very-low-income households as defined
 3858  in s. 420.9071(19) and (28) is exempt from the area requirement
 3859  of this sub-subparagraph.
 3860         e.(I) If, during the first 10 business days of the state
 3861  fiscal year, eligible tax credit applications for projects that
 3862  provide homeownership opportunities for low-income or very-low
 3863  income households as defined in s. 420.9071(19) and (28) are
 3864  received for less than the annual tax credits available for
 3865  those projects, the Department of Economic Opportunity Office of
 3866  Tourism, Trade, and Economic Development shall grant tax credits
 3867  for those applications and shall grant remaining tax credits on
 3868  a first-come, first-served basis for any subsequent eligible
 3869  applications received before the end of the state fiscal year.
 3870  If, during the first 10 business days of the state fiscal year,
 3871  eligible tax credit applications for projects that provide
 3872  homeownership opportunities for low-income or very-low-income
 3873  households as defined in s. 420.9071(19) and (28) are received
 3874  for more than the annual tax credits available for those
 3875  projects, the Department of Economic Opportunity office shall
 3876  grant the tax credits for those applications as follows:
 3877         (A) If tax credit applications submitted for approved
 3878  projects of an eligible sponsor do not exceed $200,000 in total,
 3879  the credits shall be granted in full if the tax credit
 3880  applications are approved.
 3881         (B) If tax credit applications submitted for approved
 3882  projects of an eligible sponsor exceed $200,000 in total, the
 3883  amount of tax credits granted pursuant to sub-sub-sub
 3884  subparagraph (A) shall be subtracted from the amount of
 3885  available tax credits, and the remaining credits shall be
 3886  granted to each approved tax credit application on a pro rata
 3887  basis.
 3888         (II) If, during the first 10 business days of the state
 3889  fiscal year, eligible tax credit applications for projects other
 3890  than those that provide homeownership opportunities for low
 3891  income or very-low-income households as defined in s.
 3892  420.9071(19) and (28) are received for less than the annual tax
 3893  credits available for those projects, the Department of Economic
 3894  Opportunity office shall grant tax credits for those
 3895  applications and shall grant remaining tax credits on a first
 3896  come, first-served basis for any subsequent eligible
 3897  applications received before the end of the state fiscal year.
 3898  If, during the first 10 business days of the state fiscal year,
 3899  eligible tax credit applications for projects other than those
 3900  that provide homeownership opportunities for low-income or very
 3901  low-income households as defined in s. 420.9071(19) and (28) are
 3902  received for more than the annual tax credits available for
 3903  those projects, the Department of Economic Opportunity office
 3904  shall grant the tax credits for those applications on a pro rata
 3905  basis.
 3906         3. Application requirements.—
 3907         a. Any eligible sponsor seeking to participate in this
 3908  program must submit a proposal to the Department of Economic
 3909  Opportunity Office of Tourism, Trade, and Economic Development
 3910  which sets forth the name of the sponsor, a description of the
 3911  project, and the area in which the project is located, together
 3912  with such supporting information as is prescribed by rule. The
 3913  proposal must also contain a resolution from the local
 3914  governmental unit in which the project is located certifying
 3915  that the project is consistent with local plans and regulations.
 3916         b. Any person seeking to participate in this program must
 3917  submit an application for tax credit to the Department of
 3918  Economic Opportunity office which sets forth the name of the
 3919  sponsor, a description of the project, and the type, value, and
 3920  purpose of the contribution. The sponsor shall verify the terms
 3921  of the application and indicate its receipt of the contribution,
 3922  which verification must be in writing and accompany the
 3923  application for tax credit. The person must submit a separate
 3924  tax credit application to the Department of Economic Opportunity
 3925  office for each individual contribution that it makes to each
 3926  individual project.
 3927         c. Any person who has received notification from the
 3928  Department of Economic Opportunity office that a tax credit has
 3929  been approved must apply to the department to receive the
 3930  refund. Application must be made on the form prescribed for
 3931  claiming refunds of sales and use taxes and be accompanied by a
 3932  copy of the notification. A person may submit only one
 3933  application for refund to the department within any 12-month
 3934  period.
 3935         4. Administration.—
 3936         a. The Department of Economic Opportunity Office of
 3937  Tourism, Trade, and Economic Development may adopt rules
 3938  pursuant to ss. 120.536(1) and 120.54 necessary to administer
 3939  this paragraph, including rules for the approval or disapproval
 3940  of proposals by a person.
 3941         b. The decision of the Department of Economic Opportunity
 3942  office must be in writing, and, if approved, the notification
 3943  shall state the maximum credit allowable to the person. Upon
 3944  approval, the Department of Economic Opportunity office shall
 3945  transmit a copy of the decision to the Department of Revenue.
 3946         c. The Department of Economic Opportunity office shall
 3947  periodically monitor all projects in a manner consistent with
 3948  available resources to ensure that resources are used in
 3949  accordance with this paragraph; however, each project must be
 3950  reviewed at least once every 2 years.
 3951         d. The Department of Economic Opportunity office shall, in
 3952  consultation with the Department of Community Affairs and the
 3953  statewide and regional housing and financial intermediaries,
 3954  market the availability of the community contribution tax credit
 3955  program to community-based organizations.
 3956         5. Expiration.—This paragraph expires June 30, 2015;
 3957  however, any accrued credit carryover that is unused on that
 3958  date may be used until the expiration of the 3-year carryover
 3959  period for such credit.
 3960         (15) ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.—
 3961         (b) To receive this exemption, a business must file an
 3962  application, with the enterprise zone development agency having
 3963  jurisdiction over the enterprise zone where the business is
 3964  located, on a form provided by the department for the purposes
 3965  of this subsection and s. 166.231(8). The application shall be
 3966  made under oath and shall include:
 3967         1. The name and location of the business.
 3968         2. The identifying number assigned pursuant to s. 290.0065
 3969  to the enterprise zone in which the business is located.
 3970         3. The date on which electrical service is to be first
 3971  initiated to the business.
 3972         4. The name and mailing address of the entity from which
 3973  electrical energy is to be purchased.
 3974         5. The date of the application.
 3975         6. The name of the city in which the business is located.
 3976         7. If applicable, the name and address of each permanent
 3977  employee of the business including, for each employee who is a
 3978  resident of an enterprise zone, the identifying number assigned
 3979  pursuant to s. 290.0065 to the enterprise zone in which the
 3980  employee resides.
 3981         8. Whether the business is a small business as defined by
 3982  s. 288.703(1).
 3983         Section 76. Paragraph (b) of subsection (2) of section
 3984  212.096, Florida Statutes, is amended to read:
 3985         212.096 Sales, rental, storage, use tax; enterprise zone
 3986  jobs credit against sales tax.—
 3987         (2)
 3988         (b) The credit shall be computed as 20 percent of the
 3989  actual monthly wages paid in this state to each new employee
 3990  hired when a new job has been created, unless the business is
 3991  located within a rural enterprise zone pursuant to s.
 3992  290.004(6), in which case the credit shall be 30 percent of the
 3993  actual monthly wages paid. If no less than 20 percent of the
 3994  employees of the business are residents of an enterprise zone,
 3995  excluding temporary and part-time employees, the credit shall be
 3996  computed as 30 percent of the actual monthly wages paid in this
 3997  state to each new employee hired when a new job has been
 3998  created, unless the business is located within a rural
 3999  enterprise zone, in which case the credit shall be 45 percent of
 4000  the actual monthly wages paid. If the new employee hired when a
 4001  new job is created is a participant in the welfare transition
 4002  program, the following credit shall be a percent of the actual
 4003  monthly wages paid: 40 percent for $4 above the hourly federal
 4004  minimum wage rate; 41 percent for $5 above the hourly federal
 4005  minimum wage rate; 42 percent for $6 above the hourly federal
 4006  minimum wage rate; 43 percent for $7 above the hourly federal
 4007  minimum wage rate; and 44 percent for $8 above the hourly
 4008  federal minimum wage rate. For purposes of this paragraph,
 4009  monthly wages shall be computed as one-twelfth of the expected
 4010  annual wages paid to such employee. The amount paid as wages to
 4011  a new employee is the compensation paid to such employee that is
 4012  subject to unemployment tax. The credit shall be allowed for up
 4013  to 24 consecutive months, beginning with the first tax return
 4014  due pursuant to s. 212.11 after approval by the department.
 4015         Section 77. Paragraphs (a) and (e) of subsection (1) and
 4016  subsections (4), (6), (7), (10), (11), and (16) of section
 4017  212.097, Florida Statutes, are amended to read:
 4018         212.097 Urban High-Crime Area Job Tax Credit Program.—
 4019         (1) As used in this section, the term:
 4020         (a) “Eligible business” means any sole proprietorship,
 4021  firm, partnership, or corporation that is located in a qualified
 4022  county and is predominantly engaged in, or is headquarters for a
 4023  business predominantly engaged in, activities usually provided
 4024  for consideration by firms classified within the following
 4025  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 4026  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52
 4027  SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
 4028  storage); SIC 70 (hotels and other lodging places); SIC 7391
 4029  (research and development); SIC 781 (motion picture production
 4030  and allied services); SIC 7992 (public golf courses); and SIC
 4031  7996 (amusement parks). A call center or similar customer
 4032  service operation that services a multistate market or
 4033  international market is also an eligible business. In addition,
 4034  the Department of Economic Opportunity Office of Tourism, Trade,
 4035  and Economic Development may, as part of its final budget
 4036  request submitted pursuant to s. 216.023, recommend additions to
 4037  or deletions from the list of standard industrial
 4038  classifications used to determine an eligible business, and the
 4039  Legislature may implement such recommendations. Excluded from
 4040  eligible receipts are receipts from retail sales, except such
 4041  receipts for SIC 52-SIC 57 and SIC 59 (retail) hotels and other
 4042  lodging places classified in SIC 70, public golf courses in SIC
 4043  7992, and amusement parks in SIC 7996. For purposes of this
 4044  paragraph, the term “predominantly” means that more than 50
 4045  percent of the business’s gross receipts from all sources is
 4046  generated by those activities usually provided for consideration
 4047  by firms in the specified standard industrial classification.
 4048  The determination of whether the business is located in a
 4049  qualified high-crime area and the tier ranking of that area must
 4050  be based on the date of application for the credit under this
 4051  section. Commonly owned and controlled entities are to be
 4052  considered a single business entity.
 4053         (e) “Qualified high-crime area” means an area selected by
 4054  the Department of Economic Opportunity Office of Tourism, Trade,
 4055  and Economic Development in the following manner: every third
 4056  year, the Department of Economic Opportunity Office shall rank
 4057  and tier those areas nominated under subsection (7), according
 4058  to the following prioritized criteria:
 4059         1. Highest arrest rates within the geographic area for
 4060  violent crime and for such other crimes as drug sale, drug
 4061  possession, prostitution, vandalism, and civil disturbances;
 4062         2. Highest reported crime volume and rate of specific
 4063  property crimes such as business and residential burglary, motor
 4064  vehicle theft, and vandalism;
 4065         3. Highest percentage of reported index crimes that are
 4066  violent in nature;
 4067         4. Highest overall index crime volume for the area; and
 4068         5. Highest overall index crime rate for the geographic
 4069  area.
 4070  
 4071  Tier-one areas are ranked 1 through 5 and represent the highest
 4072  crime areas according to this ranking. Tier-two areas are ranked
 4073  6 through 10 according to this ranking. Tier-three areas are
 4074  ranked 11 through 15. Notwithstanding this definition,
 4075  “qualified high-crime area” also means an area that has been
 4076  designated as a federal Empowerment Zone pursuant to the
 4077  Taxpayer Relief Act of 1997. Such a designated area is ranked in
 4078  tier three until the areas are reevaluated by the Department of
 4079  Economic Opportunity Office of Tourism, Trade, and Economic
 4080  Development.
 4081         (4) For any new eligible business receiving a credit
 4082  pursuant to subsection (2), an additional $500 credit shall be
 4083  provided for any qualified employee who is a welfare transition
 4084  program participant. For any existing eligible business
 4085  receiving a credit pursuant to subsection (3), an additional
 4086  $500 credit shall be provided for any qualified employee who is
 4087  a welfare transition program participant. Such employee must be
 4088  employed on the application date and have been employed less
 4089  than 1 year. This credit shall be in addition to other credits
 4090  pursuant to this section regardless of the tier-level of the
 4091  high-crime area. Appropriate documentation concerning the
 4092  eligibility of an employee for this credit must be submitted as
 4093  determined by the Department of Revenue.
 4094         (6) Any county or municipality, or a county and one or more
 4095  municipalities together, may apply to the Department of Economic
 4096  Opportunity Office of Tourism, Trade, and Economic Development
 4097  for the designation of an area as a high-crime area after the
 4098  adoption by the governing body or bodies of a resolution that:
 4099         (a) Finds that a high-crime area exists in such county or
 4100  municipality, or in both the county and one or more
 4101  municipalities, which chronically exhibits extreme and
 4102  unacceptable levels of poverty, unemployment, physical
 4103  deterioration, and economic disinvestment;
 4104         (b) Determines that the rehabilitation, conservation, or
 4105  redevelopment, or a combination thereof, of such a high-crime
 4106  area is necessary in the interest of the health, safety, and
 4107  welfare of the residents of such county or municipality, or such
 4108  county and one or more municipalities; and
 4109         (c) Determines that the revitalization of such a high-crime
 4110  area can occur if the public sector or private sector can be
 4111  induced to invest its own resources in productive enterprises
 4112  that build or rebuild the economic viability of the area.
 4113         (7) The governing body of the entity nominating the area
 4114  shall provide to the Department of Economic Opportunity Office
 4115  of Tourism, Trade, and Economic Development the following:
 4116         (a) The overall index crime rate for the geographic area;
 4117         (b) The overall index crime volume for the area;
 4118         (c) The percentage of reported index crimes that are
 4119  violent in nature;
 4120         (d) The reported crime volume and rate of specific property
 4121  crimes such as business and residential burglary, motor vehicle
 4122  theft, and vandalism; and
 4123         (e) The arrest rates within the geographic area for violent
 4124  crime and for such other crimes as drug sale, drug possession,
 4125  prostitution, disorderly conduct, vandalism, and other public
 4126  order offenses.
 4127         (10)(a) In order to claim this credit, an eligible business
 4128  must file under oath with the Department of Economic Opportunity
 4129  Office of Tourism, Trade, and Economic Development a statement
 4130  that includes the name and address of the eligible business and
 4131  any other information that is required to process the
 4132  application.
 4133         (b) Applications shall be reviewed and certified pursuant
 4134  to s. 288.061.
 4135         (c) The maximum credit amount that may be approved during
 4136  any calendar year is $5 million, of which $1 million shall be
 4137  exclusively reserved for tier-one areas. The Department of
 4138  Revenue, in conjunction with the Department of Economic
 4139  Opportunity Office of Tourism, Trade, and Economic Development,
 4140  shall notify the governing bodies in areas designated as urban
 4141  high-crime areas when the $5 million maximum amount has been
 4142  reached. Applications must be considered for approval in the
 4143  order in which they are received without regard to whether the
 4144  credit is for a new or existing business. This limitation
 4145  applies to the value of the credit as contained in approved
 4146  applications. Approved credits may be taken in the time and
 4147  manner allowed pursuant to this section.
 4148         (11) If the application is insufficient to support the
 4149  credit authorized in this section, the Department of Economic
 4150  Opportunity Office of Tourism, Trade, and Economic Development
 4151  shall deny the credit and notify the business of that fact. The
 4152  business may reapply for this credit within 3 months after such
 4153  notification.
 4154         (16) The Department of Revenue shall adopt rules governing
 4155  the manner and form of applications for credit and may establish
 4156  guidelines concerning the requisites for an affirmative showing
 4157  of qualification for the credit under this section.
 4158         Section 78. Paragraphs (a) and (c) of subsection (1) and
 4159  subsections (6) and (7), of section 212.098, Florida Statutes,
 4160  are amended to read:
 4161         212.098 Rural Job Tax Credit Program.—
 4162         (1) As used in this section, the term:
 4163         (a) “Eligible business” means any sole proprietorship,
 4164  firm, partnership, or corporation that is located in a qualified
 4165  county and is predominantly engaged in, or is headquarters for a
 4166  business predominantly engaged in, activities usually provided
 4167  for consideration by firms classified within the following
 4168  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 4169  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
 4170  (public warehousing and storage); SIC 70 (hotels and other
 4171  lodging places); SIC 7391 (research and development); SIC 781
 4172  (motion picture production and allied services); SIC 7992
 4173  (public golf courses); SIC 7996 (amusement parks); and a
 4174  targeted industry eligible for the qualified target industry
 4175  business tax refund under s. 288.106. A call center or similar
 4176  customer service operation that services a multistate market or
 4177  an international market is also an eligible business. In
 4178  addition, the Department of Economic Opportunity Office of
 4179  Tourism, Trade, and Economic Development may, as part of its
 4180  final budget request submitted pursuant to s. 216.023, recommend
 4181  additions to or deletions from the list of standard industrial
 4182  classifications used to determine an eligible business, and the
 4183  Legislature may implement such recommendations. Excluded from
 4184  eligible receipts are receipts from retail sales, except such
 4185  receipts for hotels and other lodging places classified in SIC
 4186  70, public golf courses in SIC 7992, and amusement parks in SIC
 4187  7996. For purposes of this paragraph, the term “predominantly”
 4188  means that more than 50 percent of the business’s gross receipts
 4189  from all sources is generated by those activities usually
 4190  provided for consideration by firms in the specified standard
 4191  industrial classification. The determination of whether the
 4192  business is located in a qualified county and the tier ranking
 4193  of that county must be based on the date of application for the
 4194  credit under this section. Commonly owned and controlled
 4195  entities are to be considered a single business entity.
 4196         (c) “Qualified area” means any area that is contained
 4197  within a rural area of critical economic concern designated
 4198  under s. 288.0656, a county that has a population of fewer than
 4199  75,000 persons, or a county that has a population of 125,000 or
 4200  less and is contiguous to a county that has a population of less
 4201  than 75,000, selected in the following manner: every third year,
 4202  the Department of Economic Opportunity Office of Tourism, Trade,
 4203  and Economic Development shall rank and tier the state’s
 4204  counties according to the following four factors:
 4205         1. Highest unemployment rate for the most recent 36-month
 4206  period.
 4207         2. Lowest per capita income for the most recent 36-month
 4208  period.
 4209         3. Highest percentage of residents whose incomes are below
 4210  the poverty level, based upon the most recent data available.
 4211         4. Average weekly manufacturing wage, based upon the most
 4212  recent data available.
 4213         (6)(a) In order to claim this credit, an eligible business
 4214  must file under oath with the Department of Economic Opportunity
 4215  Office of Tourism, Trade, and Economic Development a statement
 4216  that includes the name and address of the eligible business, the
 4217  starting salary or hourly wages paid to the new employee, and
 4218  any other information that the Department of Revenue requires.
 4219         (b) Pursuant to the incentive review process under s.
 4220  288.061, the Department of Economic Opportunity Within 30
 4221  working days after receipt of an application for credit, the
 4222  Office of Tourism, Trade, and Economic Development shall review
 4223  the application to determine whether it contains all the
 4224  information required by this subsection and meets the criteria
 4225  set out in this section. Subject to the provisions of paragraph
 4226  (c), the Department of Economic Opportunity Office of Tourism,
 4227  Trade, and Economic Development shall approve all applications
 4228  that contain the information required by this subsection and
 4229  meet the criteria set out in this section as eligible to receive
 4230  a credit.
 4231         (c) The maximum credit amount that may be approved during
 4232  any calendar year is $5 million. The Department of Revenue, in
 4233  conjunction with the Department of Economic Opportunity Office
 4234  of Tourism, Trade, and Economic Development, shall notify the
 4235  governing bodies in areas designated as qualified counties when
 4236  the $5 million maximum amount has been reached. Applications
 4237  must be considered for approval in the order in which they are
 4238  received without regard to whether the credit is for a new or
 4239  existing business. This limitation applies to the value of the
 4240  credit as contained in approved applications. Approved credits
 4241  may be taken in the time and manner allowed pursuant to this
 4242  section.
 4243         (d) A business may not receive more than $500,000 of tax
 4244  credits under this section during any one calendar year.
 4245         (7) If the application is insufficient to support the
 4246  credit authorized in this section, the Department of Economic
 4247  Opportunity Office of Tourism, Trade, and Economic Development
 4248  shall deny the credit and notify the business of that fact. The
 4249  business may reapply for this credit within 3 months after such
 4250  notification.
 4251         Section 79. Paragraph (d) of subsection (6) of section
 4252  212.20, Florida Statutes, is amended to read:
 4253         212.20 Funds collected, disposition; additional powers of
 4254  department; operational expense; refund of taxes adjudicated
 4255  unconstitutionally collected.—
 4256         (6) Distribution of all proceeds under this chapter and s.
 4257  202.18(1)(b) and (2)(b) shall be as follows:
 4258         (d) The proceeds of all other taxes and fees imposed
 4259  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 4260  and (2)(b) shall be distributed as follows:
 4261         1. In any fiscal year, the greater of $500 million, minus
 4262  an amount equal to 4.6 percent of the proceeds of the taxes
 4263  collected pursuant to chapter 201, or 5.2 percent of all other
 4264  taxes and fees imposed pursuant to this chapter or remitted
 4265  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 4266  monthly installments into the General Revenue Fund.
 4267         2. After the distribution under subparagraph 1., 8.814
 4268  percent of the amount remitted by a sales tax dealer located
 4269  within a participating county pursuant to s. 218.61 shall be
 4270  transferred into the Local Government Half-cent Sales Tax
 4271  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 4272  transferred shall be reduced by 0.1 percent, and the department
 4273  shall distribute this amount to the Public Employees Relations
 4274  Commission Trust Fund less $5,000 each month, which shall be
 4275  added to the amount calculated in subparagraph 3. and
 4276  distributed accordingly.
 4277         3. After the distribution under subparagraphs 1. and 2.,
 4278  0.095 percent shall be transferred to the Local Government Half
 4279  cent Sales Tax Clearing Trust Fund and distributed pursuant to
 4280  s. 218.65.
 4281         4. After the distributions under subparagraphs 1., 2., and
 4282  3., 2.0440 percent of the available proceeds shall be
 4283  transferred monthly to the Revenue Sharing Trust Fund for
 4284  Counties pursuant to s. 218.215.
 4285         5. After the distributions under subparagraphs 1., 2., and
 4286  3., 1.3409 percent of the available proceeds shall be
 4287  transferred monthly to the Revenue Sharing Trust Fund for
 4288  Municipalities pursuant to s. 218.215. If the total revenue to
 4289  be distributed pursuant to this subparagraph is at least as
 4290  great as the amount due from the Revenue Sharing Trust Fund for
 4291  Municipalities and the former Municipal Financial Assistance
 4292  Trust Fund in state fiscal year 1999-2000, no municipality shall
 4293  receive less than the amount due from the Revenue Sharing Trust
 4294  Fund for Municipalities and the former Municipal Financial
 4295  Assistance Trust Fund in state fiscal year 1999-2000. If the
 4296  total proceeds to be distributed are less than the amount
 4297  received in combination from the Revenue Sharing Trust Fund for
 4298  Municipalities and the former Municipal Financial Assistance
 4299  Trust Fund in state fiscal year 1999-2000, each municipality
 4300  shall receive an amount proportionate to the amount it was due
 4301  in state fiscal year 1999-2000.
 4302         6. Of the remaining proceeds:
 4303         a. In each fiscal year, the sum of $29,915,500 shall be
 4304  divided into as many equal parts as there are counties in the
 4305  state, and one part shall be distributed to each county. The
 4306  distribution among the several counties must begin each fiscal
 4307  year on or before January 5th and continue monthly for a total
 4308  of 4 months. If a local or special law required that any moneys
 4309  accruing to a county in fiscal year 1999-2000 under the then
 4310  existing provisions of s. 550.135 be paid directly to the
 4311  district school board, special district, or a municipal
 4312  government, such payment must continue until the local or
 4313  special law is amended or repealed. The state covenants with
 4314  holders of bonds or other instruments of indebtedness issued by
 4315  local governments, special districts, or district school boards
 4316  before July 1, 2000, that it is not the intent of this
 4317  subparagraph to adversely affect the rights of those holders or
 4318  relieve local governments, special districts, or district school
 4319  boards of the duty to meet their obligations as a result of
 4320  previous pledges or assignments or trusts entered into which
 4321  obligated funds received from the distribution to county
 4322  governments under then-existing s. 550.135. This distribution
 4323  specifically is in lieu of funds distributed under s. 550.135
 4324  before July 1, 2000.
 4325         b. The department shall distribute $166,667 monthly
 4326  pursuant to s. 288.1162 to each applicant certified as a
 4327  facility for a new or retained professional sports franchise
 4328  pursuant to s. 288.1162. Up to $41,667 shall be distributed
 4329  monthly by the department to each certified applicant as defined
 4330  in s. 288.11621 for a facility for a spring training franchise.
 4331  However, not more than $416,670 may be distributed monthly in
 4332  the aggregate to all certified applicants for facilities for
 4333  spring training franchises. Distributions begin 60 days after
 4334  such certification and continue for not more than 30 years,
 4335  except as otherwise provided in s. 288.11621. A certified
 4336  applicant identified in this sub-subparagraph may not receive
 4337  more in distributions than expended by the applicant for the
 4338  public purposes provided for in s. 288.1162(5) or s.
 4339  288.11621(3).
 4340         c. Beginning 30 days after notice by the Department of
 4341  Economic Opportunity Office of Tourism, Trade, and Economic
 4342  Development to the Department of Revenue that an applicant has
 4343  been certified as the professional golf hall of fame pursuant to
 4344  s. 288.1168 and is open to the public, $166,667 shall be
 4345  distributed monthly, for up to 300 months, to the applicant.
 4346         d. Beginning 30 days after notice by the Department of
 4347  Economic Opportunity Office of Tourism, Trade, and Economic
 4348  Development to the Department of Revenue that the applicant has
 4349  been certified as the International Game Fish Association World
 4350  Center facility pursuant to s. 288.1169, and the facility is
 4351  open to the public, $83,333 shall be distributed monthly, for up
 4352  to 168 months, to the applicant. This distribution is subject to
 4353  reduction pursuant to s. 288.1169. A lump sum payment of
 4354  $999,996 shall be made, after certification and before July 1,
 4355  2000.
 4356         7. All other proceeds must remain in the General Revenue
 4357  Fund.
 4358         Section 80. Subsection (4), paragraph (a) of subsection
 4359  (7), paragraphs (k) through (cc) of subsection (8), and
 4360  subsections (19), (20), and (21) of section 213.053, Florida
 4361  Statutes, as amended by chapter 2010-280, Laws of Florida, are
 4362  amended, to read:
 4363         213.053 Confidentiality and information sharing.—
 4364         (4) The department, while providing unemployment tax
 4365  collection services under contract with the Department of
 4366  Economic Opportunity Agency for Workforce Innovation through an
 4367  interagency agreement pursuant to s. 443.1316, may release
 4368  unemployment tax rate information to the agent of an employer,
 4369  which agent provides payroll services for more than 100 500
 4370  employers, pursuant to the terms of a memorandum of
 4371  understanding. The memorandum of understanding must state that
 4372  the agent affirms, subject to the criminal penalties contained
 4373  in ss. 443.171 and 443.1715, that the agent will retain the
 4374  confidentiality of the information, that the agent has in effect
 4375  a power of attorney from the employer which permits the agent to
 4376  obtain unemployment tax rate information, and that the agent
 4377  shall provide the department with a copy of the employer’s power
 4378  of attorney upon request.
 4379         (7)(a) Any information received by the Department of
 4380  Revenue in connection with the administration of taxes,
 4381  including, but not limited to, information contained in returns,
 4382  reports, accounts, or declarations filed by persons subject to
 4383  tax, shall be made available to the following in performance of
 4384  their official duties:
 4385         1. The Auditor General or his or her authorized agent;
 4386         2. The director of the Office of Program Policy Analysis
 4387  and Government Accountability or his or her authorized agent;
 4388         3. The Chief Financial Officer or his or her authorized
 4389  agent;
 4390         4. The Director of the Office of Insurance Regulation of
 4391  the Financial Services Commission or his or her authorized
 4392  agent;
 4393         5. A property appraiser or tax collector or their
 4394  authorized agents pursuant to s. 195.084(1); or
 4395         6. Designated employees of the Department of Education
 4396  solely for determination of each school district’s price level
 4397  index pursuant to s. 1011.62(2); and.
 4398         7. The executive director of the Department of Economic
 4399  Opportunity or his or her authorized agent.
 4400         (8) Notwithstanding any other provision of this section,
 4401  the department may provide:
 4402         (k)1. Payment information relative to chapters 199, 201,
 4403  202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and
 4404  Economic Development, or its employees or agents that are
 4405  identified in writing by the office to the department, in the
 4406  administration of the tax refund program for qualified defense
 4407  contractors and space flight business contractors authorized by
 4408  s. 288.1045 and the tax refund program for qualified target
 4409  industry businesses authorized by s. 288.106.
 4410         2. Information relative to tax credits taken by a business
 4411  under s. 220.191 and exemptions or tax refunds received by a
 4412  business under s. 212.08(5)(j) to the Office of Tourism, Trade,
 4413  and Economic Development, or its employees or agents that are
 4414  identified in writing by the office to the department, in the
 4415  administration and evaluation of the capital investment tax
 4416  credit program authorized in s. 220.191 and the semiconductor,
 4417  defense, and space tax exemption program authorized in s.
 4418  212.08(5)(j).
 4419         3. Information relative to tax credits taken by a taxpayer
 4420  pursuant to the tax credit programs created in ss. 193.017;
 4421  212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
 4422  212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
 4423  220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
 4424  290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
 4425  550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
 4426  the Office of Tourism, Trade, and Economic Development, or its
 4427  employees or agents that are identified in writing by the office
 4428  to the department, for use in the administration or evaluation
 4429  of such programs.
 4430         (k)(l) Information relative to chapter 212 and the Bill of
 4431  Lading Program to the Office of Agriculture Law Enforcement of
 4432  the Department of Agriculture and Consumer Services in the
 4433  conduct of its official duties.
 4434         (l)(m) Information relative to chapter 198 to the Agency
 4435  for Health Care Administration in the conduct of its official
 4436  business relating to ss. 409.901-409.9101.
 4437         (m)(n) Information contained in returns, reports, accounts,
 4438  or declarations to the Board of Accountancy in connection with a
 4439  disciplinary proceeding conducted pursuant to chapter 473 when
 4440  related to a certified public accountant participating in the
 4441  certified audits project, or to the court in connection with a
 4442  civil proceeding brought by the department relating to a claim
 4443  for recovery of taxes due to negligence on the part of a
 4444  certified public accountant participating in the certified
 4445  audits project. In any judicial proceeding brought by the
 4446  department, upon motion for protective order, the court shall
 4447  limit disclosure of tax information when necessary to effectuate
 4448  the purposes of this section.
 4449         (n)(o) Information relative to ss. 376.70 and 376.75 to the
 4450  Department of Environmental Protection in the conduct of its
 4451  official business and to the facility owner, facility operator,
 4452  and real property owners as defined in s. 376.301.
 4453         (o)(p) Information relative to ss. 220.1845 and 376.30781
 4454  to the Department of Environmental Protection in the conduct of
 4455  its official business.
 4456         (p)(q) Names, addresses, and sales tax registration
 4457  information to the Division of Consumer Services of the
 4458  Department of Agriculture and Consumer Services in the conduct
 4459  of its official duties.
 4460         (q)(r) Information relative to the returns required by ss.
 4461  175.111 and 185.09 to the Department of Management Services in
 4462  the conduct of its official duties. The Department of Management
 4463  Services is, in turn, authorized to disclose payment information
 4464  to a governmental agency or the agency’s agent for purposes
 4465  related to budget preparation, auditing, revenue or financial
 4466  administration, or administration of chapters 175 and 185.
 4467         (r)(s) Names, addresses, and federal employer
 4468  identification numbers, or similar identifiers, to the
 4469  Department of Highway Safety and Motor Vehicles for use in the
 4470  conduct of its official duties.
 4471         (t) Information relative to the tax exemptions under ss.
 4472  212.031, 212.06, and 212.08 for those persons qualified under s.
 4473  288.1258 to the Office of Film and Entertainment. The Department
 4474  of Revenue shall provide the Office of Film and Entertainment
 4475  with information in the aggregate.
 4476         (s)(u) Information relative to ss. 211.0251, 212.1831,
 4477  220.1875, 561.1211, 624.51055, and 1002.395 to the Department of
 4478  Education and the Division of Alcoholic Beverages and Tobacco in
 4479  the conduct of official business.
 4480         (t)(v) Information relative to chapter 202 to each local
 4481  government that imposes a tax pursuant to s. 202.19 in the
 4482  conduct of its official duties as specified in chapter 202.
 4483  Information provided under this paragraph may include, but is
 4484  not limited to, any reports required pursuant to s. 202.231,
 4485  audit files, notices of intent to audit, tax returns, and other
 4486  confidential tax information in the department’s possession
 4487  relating to chapter 202. A person or an entity designated by the
 4488  local government in writing to the department as requiring
 4489  access to confidential taxpayer information shall have
 4490  reasonable access to information provided pursuant to this
 4491  paragraph. Such person or entity may disclose such information
 4492  to other persons or entities with direct responsibility for
 4493  budget preparation, auditing, revenue or financial
 4494  administration, or legal counsel. Such information shall only be
 4495  used for purposes related to budget preparation, auditing, and
 4496  revenue and financial administration. Any confidential and
 4497  exempt information furnished to a local government, or to any
 4498  person or entity designated by the local government as
 4499  authorized by this paragraph may not be further disclosed by the
 4500  recipient except as provided by this paragraph.
 4501         (w) Tax registration information to the Agency for
 4502  Workforce Innovation for use in the conduct of its official
 4503  duties, which information may not be redisclosed by the Agency
 4504  for Workforce Innovation.
 4505         (u)(x) Rental car surcharge revenues authorized by s.
 4506  212.0606, reported according to the county to which the
 4507  surcharge was attributed to the Department of Transportation.
 4508         (v)(y) Information relative to ss. 212.08(7)(ccc) and
 4509  220.192 to the Department of Agriculture and Consumer Services
 4510  Florida Energy and Climate Commission for use in the conduct of
 4511  its official business.
 4512         (w)(z) Taxpayer names and identification numbers for the
 4513  purposes of information-sharing agreements with financial
 4514  institutions pursuant to s. 213.0532.
 4515         (x)(aa) Information relative to chapter 212 to the
 4516  Department of Environmental Protection in the conduct of its
 4517  official duties in the administration of s. 253.03(7)(b) and
 4518  (11).
 4519         (bb)Information relative to tax credits taken under s.
 4520  288.1254 to the Office of Film and Entertainment and the Office
 4521  of Tourism, Trade, and Economic Development.
 4522         (y)(cc) Information relative to ss. 253.03(8) and 253.0325
 4523  to the Department of Environmental Protection in the conduct of
 4524  its official business.
 4525  
 4526  Disclosure of information under this subsection shall be
 4527  pursuant to a written agreement between the executive director
 4528  and the agency. Such agencies, governmental or nongovernmental,
 4529  shall be bound by the same requirements of confidentiality as
 4530  the Department of Revenue. Breach of confidentiality is a
 4531  misdemeanor of the first degree, punishable as provided by s.
 4532  775.082 or s. 775.083.
 4533         (19)The department may disclose information relative to
 4534  tax credits taken by a taxpayer pursuant to s. 288.9916 to the
 4535  Office of Tourism, Trade, and Economic Development or its
 4536  employees or agents. Such employees must be identified in
 4537  writing by the office to the department. All information
 4538  disclosed under this subsection is subject to the same
 4539  requirements of confidentiality and the same penalties for
 4540  violation of the requirements as the department.
 4541         (19)(20)(a) The department may publish a list of taxpayers
 4542  against whom the department has filed a warrant, notice of lien,
 4543  or judgment lien certificate. The list may include the name and
 4544  address of each taxpayer; the amounts and types of delinquent
 4545  taxes, fees, or surcharges, penalties, or interest; and the
 4546  employer identification number or other taxpayer identification
 4547  number.
 4548         (b) The department shall update the list at least monthly
 4549  to reflect payments for resolution of deficiencies and to
 4550  otherwise add or remove taxpayers from the list.
 4551         (c) The department may adopt rules to administer this
 4552  subsection.
 4553         (20)(21) The department may disclose information relating
 4554  to taxpayers against whom the department has filed a warrant,
 4555  notice of lien, or judgment lien certificate. Such information
 4556  includes the name and address of the taxpayer, the actions
 4557  taken, the amounts and types of liabilities, and the amount of
 4558  any collections made.
 4559         Section 81. Subsection (1) of section 215.5588, Florida
 4560  Statutes, is amended to read:
 4561         215.5588 Florida Disaster Recovery Program.—
 4562         (1) The Department of Economic Opportunity Community
 4563  Affairs shall implement the 2006 Disaster Recovery Program from
 4564  funds provided through the Emergency Supplemental Appropriations
 4565  Act for Defense, the Global War on Terror, and Hurricane
 4566  Recovery, 2006, for the purpose of assisting local governments
 4567  in satisfying disaster recovery needs in the areas of low-income
 4568  housing and infrastructure, with a primary focus on the
 4569  hardening of single-family and multifamily housing units, not
 4570  only to ensure that affordable housing can withstand the effects
 4571  of hurricane-force winds, but also to mitigate the increasing
 4572  costs of insurance, which may ultimately render existing
 4573  affordable homes unaffordable or uninsurable. This section does
 4574  not create an entitlement for local governments or property
 4575  owners or obligate the state in any way to fund disaster
 4576  recovery needs.
 4577         Section 82. Paragraph (b) of subsection (8) of section
 4578  216.136, Florida Statutes, is amended to read:
 4579         216.136 Consensus estimating conferences; duties and
 4580  principals.—
 4581         (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
 4582         (b) The Office of Early Learning Agency for Workforce
 4583  Innovation shall provide information on needs and waiting lists
 4584  for school readiness programs, and information on the needs for
 4585  the Voluntary Prekindergarten Education Program, as requested by
 4586  the Early Learning Programs Estimating Conference or individual
 4587  conference principals in a timely manner.
 4588         Section 83. Paragraph (a) of subsection (6) of section
 4589  216.292, Florida Statutes, is amended to read:
 4590         216.292 Appropriations nontransferable; exceptions.—
 4591         (6) The Chief Financial Officer shall transfer from any
 4592  available funds of an agency or the judicial branch the
 4593  following amounts and shall report all such transfers and the
 4594  reasons therefor to the legislative appropriations committees
 4595  and the Executive Office of the Governor:
 4596         (a) The amount due to the Unemployment Compensation Trust
 4597  Fund which is more than 90 days delinquent on reimbursements due
 4598  to the Unemployment Compensation Trust Fund. The amount
 4599  transferred shall be that certified by the state agency
 4600  providing unemployment tax collection services under contract
 4601  with the Department of Economic Opportunity Agency for Workforce
 4602  Innovation through an interagency agreement pursuant to s.
 4603  443.1316.
 4604         Section 84. Subsection (1) of section 216.231, Florida
 4605  Statutes, is amended to read:
 4606         216.231 Release of certain classified appropriations.—
 4607         (1)(a) Any appropriation to the Executive Office of the
 4608  Governor which is classified as an emergency, as defined in s.
 4609  252.34(3), may be released only with the approval of the
 4610  Governor. The state agency, or the judicial branch, desiring the
 4611  use of the emergency appropriation shall submit to the Executive
 4612  Office of the Governor application therefor in writing setting
 4613  forth the facts from which the alleged need arises. The
 4614  Executive Office of the Governor shall, at a public hearing,
 4615  review such application promptly and approve or disapprove the
 4616  applications as the circumstances may warrant. All actions of
 4617  the Executive Office of the Governor shall be reported to the
 4618  legislative appropriations committees, and the committees may
 4619  advise the Executive Office of the Governor relative to the
 4620  release of such funds.
 4621         (b) The release of appropriated funds classified as
 4622  “emergency” shall be approved only if when an act or
 4623  circumstance caused by an act of God, civil disturbance, natural
 4624  disaster, or other circumstance of an emergency nature
 4625  threatens, endangers, or damages the property, safety, health,
 4626  or welfare of the state or its residents citizens, which
 4627  condition has not been provided for in appropriation acts of the
 4628  Legislature. Funds allocated for this purpose may be used to pay
 4629  overtime pay to personnel of agencies called upon to perform
 4630  extra duty because of any civil disturbance or other emergency
 4631  as defined in s. 252.34(3) and to provide the required state
 4632  match for federal grants under the federal Disaster Relief Act.
 4633         Section 85. Subsection (2) of section 218.32, Florida
 4634  Statutes, is amended to read
 4635         218.32 Annual financial reports; local governmental
 4636  entities.—
 4637         (2) The department shall annually by December 1 file a
 4638  verified report with the Governor, the Legislature, the Auditor
 4639  General, and the Special District Information Program of the
 4640  Department of Economic Opportunity Community Affairs showing the
 4641  revenues, both locally derived and derived from
 4642  intergovernmental transfers, and the expenditures of each local
 4643  governmental entity, regional planning council, local government
 4644  finance commission, and municipal power corporation that is
 4645  required to submit an annual financial report. The report must
 4646  include, but is not limited to:
 4647         (a) The total revenues and expenditures of each local
 4648  governmental entity that is a component unit included in the
 4649  annual financial report of the reporting entity.
 4650         (b) The amount of outstanding long-term debt by each local
 4651  governmental entity. For purposes of this paragraph, the term
 4652  “long-term debt” means any agreement or series of agreements to
 4653  pay money, which, at inception, contemplate terms of payment
 4654  exceeding 1 year in duration.
 4655         Section 86. Paragraph (g) of subsection (1) of section
 4656  218.37, Florida Statutes, is amended to read:
 4657         218.37 Powers and duties of Division of Bond Finance;
 4658  advisory council.—
 4659         (1) The Division of Bond Finance of the State Board of
 4660  Administration, with respect to both general obligation bonds
 4661  and revenue bonds, shall:
 4662         (g) By January 1 each year, provide the Special District
 4663  Information Program of the Department of Economic Opportunity
 4664  Community Affairs with a list of special districts that are not
 4665  in compliance with the requirements in s. 218.38.
 4666         Section 87. Paragraph (a) of subsection (3) of section
 4667  218.64, Florida Statutes, is amended to read:
 4668         218.64 Local government half-cent sales tax; uses;
 4669  limitations.—
 4670         (3) Subject to ordinances enacted by the majority of the
 4671  members of the county governing authority and by the majority of
 4672  the members of the governing authorities of municipalities
 4673  representing at least 50 percent of the municipal population of
 4674  such county, counties may use up to $2 million annually of the
 4675  local government half-cent sales tax allocated to that county
 4676  for funding for any of the following applicants:
 4677         (a) A certified applicant as a facility for a new or
 4678  retained professional sports franchise under s. 288.1162 or a
 4679  certified applicant as defined in s. 288.11621 for a facility
 4680  for a spring training franchise. It is the Legislature’s intent
 4681  that the provisions of s. 288.1162, including, but not limited
 4682  to, the evaluation process by the Department of Economic
 4683  Opportunity Office of Tourism, Trade, and Economic Development
 4684  except for the limitation on the number of certified applicants
 4685  or facilities as provided in that section and the restrictions
 4686  set forth in s. 288.1162(8), shall apply to an applicant’s
 4687  facility to be funded by local government as provided in this
 4688  subsection.
 4689         Section 88. Paragraph (ff) of subsection (1) of section
 4690  220.03, Florida Statutes, is amended to read:
 4691         220.03 Definitions.—
 4692         (1) SPECIFIC TERMS.—When used in this code, and when not
 4693  otherwise distinctly expressed or manifestly incompatible with
 4694  the intent thereof, the following terms shall have the following
 4695  meanings:
 4696         (ff) “Job” means a full-time position, as consistent with
 4697  terms used by the Department of Economic Opportunity Agency for
 4698  Workforce Innovation and the United States Department of Labor
 4699  for purposes of unemployment compensation tax administration and
 4700  employment estimation resulting directly from business
 4701  operations in this state. The term may not include a temporary
 4702  construction job involved with the construction of facilities or
 4703  any job that has previously been included in any application for
 4704  tax credits under s. 212.096. The term also includes employment
 4705  of an employee leased from an employee leasing company licensed
 4706  under chapter 468 if the employee has been continuously leased
 4707  to the employer for an average of at least 36 hours per week for
 4708  more than 6 months.
 4709         Section 89. Paragraph (a) of subsection (1) and paragraph
 4710  (g) of subsection (2) of section 220.181, Florida Statutes, are
 4711  amended to read:
 4712         220.181 Enterprise zone jobs credit.—
 4713         (1)(a) There shall be allowed a credit against the tax
 4714  imposed by this chapter to any business located in an enterprise
 4715  zone which demonstrates to the department that, on the date of
 4716  application, the total number of full-time jobs is greater than
 4717  the total was 12 months before prior to that date. The credit
 4718  shall be computed as 20 percent of the actual monthly wages paid
 4719  in this state to each new employee hired when a new job has been
 4720  created, as defined under s. 220.03(1)(ee), unless the business
 4721  is located in a rural enterprise zone, pursuant to s.
 4722  290.004(6), in which case the credit shall be 30 percent of the
 4723  actual monthly wages paid. If no less than 20 percent of the
 4724  employees of the business are residents of an enterprise zone,
 4725  excluding temporary and part-time employees, the credit shall be
 4726  computed as 30 percent of the actual monthly wages paid in this
 4727  state to each new employee hired when a new job has been
 4728  created, unless the business is located in a rural enterprise
 4729  zone, in which case the credit shall be 45 percent of the actual
 4730  monthly wages paid, for a period of up to 24 consecutive months.
 4731  If the new employee hired when a new job is created is a
 4732  participant in the welfare transition program, the following
 4733  credit shall be a percent of the actual monthly wages paid: 40
 4734  percent for $4 above the hourly federal minimum wage rate; 41
 4735  percent for $5 above the hourly federal minimum wage rate; 42
 4736  percent for $6 above the hourly federal minimum wage rate; 43
 4737  percent for $7 above the hourly federal minimum wage rate; and
 4738  44 percent for $8 above the hourly federal minimum wage rate.
 4739         (2) When filing for an enterprise zone jobs credit, a
 4740  business must file under oath with the governing body or
 4741  enterprise zone development agency having jurisdiction over the
 4742  enterprise zone where the business is located, as applicable, a
 4743  statement which includes:
 4744         (g) Whether the business is a small business as defined by
 4745  s. 288.703(1).
 4746         Section 90. Subsection (13) of section 220.182, Florida
 4747  Statutes, is amended to read:
 4748         220.182 Enterprise zone property tax credit.—
 4749         (13) When filing for an enterprise zone property tax
 4750  credit, a business shall indicate whether the business is a
 4751  small business as defined by s. 288.703(1).
 4752         Section 91. Paragraph (d) of subsection (1), paragraphs
 4753  (b), (c), and (d) of subsection (2), and subsections (3), and
 4754  (4) of section 220.183, Florida Statutes, are amended to read:
 4755         220.183 Community contribution tax credit.—
 4756         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
 4757  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
 4758  SPENDING.—
 4759         (d) All proposals for the granting of the tax credit shall
 4760  require the prior approval of the Department of Economic
 4761  Opportunity Office of Tourism, Trade, and Economic Development.
 4762         (2) ELIGIBILITY REQUIREMENTS.—
 4763         (b)1. All community contributions must be reserved
 4764  exclusively for use in projects as defined in s. 220.03(1)(t).
 4765         2. If, during the first 10 business days of the state
 4766  fiscal year, eligible tax credit applications for projects that
 4767  provide homeownership opportunities for low-income or very-low
 4768  income households as defined in s. 420.9071(19) and (28) are
 4769  received for less than the annual tax credits available for
 4770  those projects, the Department of Economic Opportunity Office of
 4771  Tourism, Trade, and Economic Development shall grant tax credits
 4772  for those applications and shall grant remaining tax credits on
 4773  a first-come, first-served basis for any subsequent eligible
 4774  applications received before the end of the state fiscal year.
 4775  If, during the first 10 business days of the state fiscal year,
 4776  eligible tax credit applications for projects that provide
 4777  homeownership opportunities for low-income or very-low-income
 4778  households as defined in s. 420.9071(19) and (28) are received
 4779  for more than the annual tax credits available for those
 4780  projects, the office shall grant the tax credits for those
 4781  applications as follows:
 4782         a. If tax credit applications submitted for approved
 4783  projects of an eligible sponsor do not exceed $200,000 in total,
 4784  the credit shall be granted in full if the tax credit
 4785  applications are approved.
 4786         b. If tax credit applications submitted for approved
 4787  projects of an eligible sponsor exceed $200,000 in total, the
 4788  amount of tax credits granted under sub-subparagraph a. shall be
 4789  subtracted from the amount of available tax credits, and the
 4790  remaining credits shall be granted to each approved tax credit
 4791  application on a pro rata basis.
 4792         3. If, during the first 10 business days of the state
 4793  fiscal year, eligible tax credit applications for projects other
 4794  than those that provide homeownership opportunities for low
 4795  income or very-low-income households as defined in s.
 4796  420.9071(19) and (28) are received for less than the annual tax
 4797  credits available for those projects, the office shall grant tax
 4798  credits for those applications and shall grant remaining tax
 4799  credits on a first-come, first-served basis for any subsequent
 4800  eligible applications received before the end of the state
 4801  fiscal year. If, during the first 10 business days of the state
 4802  fiscal year, eligible tax credit applications for projects other
 4803  than those that provide homeownership opportunities for low
 4804  income or very-low-income households as defined in s.
 4805  420.9071(19) and (28) are received for more than the annual tax
 4806  credits available for those projects, the office shall grant the
 4807  tax credits for those applications on a pro rata basis.
 4808         (c) The project must be undertaken by an “eligible
 4809  sponsor,” defined here as:
 4810         1. A community action program;
 4811         2. A nonprofit community-based development organization
 4812  whose mission is the provision of housing for low-income or
 4813  very-low-income households or increasing entrepreneurial and
 4814  job-development opportunities for low-income persons;
 4815         3. A neighborhood housing services corporation;
 4816         4. A local housing authority, created pursuant to chapter
 4817  421;
 4818         5. A community redevelopment agency, created pursuant to s.
 4819  163.356;
 4820         6. The Florida Industrial Development Corporation;
 4821         7. An historic preservation district agency or
 4822  organization;
 4823         8. A regional workforce board;
 4824         9. A direct-support organization as provided in s.
 4825  1009.983;
 4826         10. An enterprise zone development agency created pursuant
 4827  to s. 290.0056;
 4828         11. A community-based organization incorporated under
 4829  chapter 617 which is recognized as educational, charitable, or
 4830  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 4831  and whose bylaws and articles of incorporation include
 4832  affordable housing, economic development, or community
 4833  development as the primary mission of the corporation;
 4834         12. Units of local government;
 4835         13. Units of state government; or
 4836         14. Such other agency as the Department of Economic
 4837  Opportunity Office of Tourism, Trade, and Economic Development
 4838  may, from time to time, designate by rule.
 4839  
 4840  In no event shall a contributing business firm have a financial
 4841  interest in the eligible sponsor.
 4842         (d) The project shall be located in an area designated as
 4843  an enterprise zone or a Front Porch Florida Community pursuant
 4844  to s. 20.18(6). Any project designed to construct or
 4845  rehabilitate housing for low-income or very-low-income
 4846  households as defined in s. 420.9071(19) and (28) is exempt from
 4847  the area requirement of this paragraph. This section does not
 4848  preclude projects that propose to construct or rehabilitate
 4849  housing for low-income or very-low-income households on
 4850  scattered sites. Any project designed to provide increased
 4851  access to high-speed broadband capabilities which includes
 4852  coverage of a rural enterprise zone may locate the project’s
 4853  infrastructure in any area of a rural county.
 4854         (3) APPLICATION REQUIREMENTS.—
 4855         (a) Any eligible sponsor wishing to participate in this
 4856  program must submit a proposal to the Department of Economic
 4857  Opportunity Office of Tourism, Trade, and Economic Development
 4858  which sets forth the sponsor, the project, the area in which the
 4859  project is located, and such supporting information as may be
 4860  prescribed by rule. The proposal shall also contain a resolution
 4861  from the local governmental unit in which it is located
 4862  certifying that the project is consistent with local plans and
 4863  regulations.
 4864         (b) Any business wishing to participate in this program
 4865  must submit an application for tax credit to the Department of
 4866  Economic Opportunity Office of Tourism, Trade, and Economic
 4867  Development, which application sets forth the sponsor; the
 4868  project; and the type, value, and purpose of the contribution.
 4869  The sponsor shall verify the terms of the application and
 4870  indicate its receipt of the contribution, which verification
 4871  must be in writing and accompany the application for tax credit.
 4872         (c) The business firm must submit a separate application
 4873  for tax credit for each individual contribution that it makes to
 4874  each individual project.
 4875         (4) ADMINISTRATION.—
 4876         (a) The Department of Economic Opportunity Office of
 4877  Tourism, Trade, and Economic Development has authority to adopt
 4878  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 4879  provisions of this section, including rules for the approval or
 4880  disapproval of proposals by business firms.
 4881         (b) The decision of the Department of Economic Opportunity
 4882  Office of Tourism, Trade, and Economic Development shall be in
 4883  writing, and, if approved, the notification must state the
 4884  maximum credit allowable to the business firm. A copy of the
 4885  decision shall be transmitted to the executive director of the
 4886  Department of Revenue, who shall apply such credit to the tax
 4887  liability of the business firm.
 4888         (c) The Department of Economic Opportunity Office of
 4889  Tourism, Trade, and Economic Development shall periodically
 4890  monitor all projects in a manner consistent with available
 4891  resources to ensure that resources are utilized in accordance
 4892  with this section; however, each project shall be reviewed no
 4893  less often than once every 2 years.
 4894         (d) The Department of Revenue has authority to adopt rules
 4895  pursuant to ss. 120.536(1) and 120.54 to implement the
 4896  provisions of this section.
 4897         (e) The Department of Economic Opportunity Office of
 4898  Tourism, Trade, and Economic Development shall, in consultation
 4899  with the Department of Community Affairs, the Florida Housing
 4900  Finance Corporation, and the statewide and regional housing and
 4901  financial intermediaries, market the availability of the
 4902  community contribution tax credit program to community-based
 4903  organizations.
 4904         Section 92. Section 220.1895, Florida Statutes, is amended
 4905  to read:
 4906         220.1895 Rural Job Tax Credit and Urban High-Crime Area Job
 4907  Tax Credit.—There shall be allowed a credit against the tax
 4908  imposed by this chapter amounts approved by the Department of
 4909  Economic Opportunity Office of Tourism, Trade, and Economic
 4910  Development pursuant to the Rural Job Tax Credit Program in s.
 4911  212.098 and the Urban High-Crime Area Job Tax Credit Program in
 4912  s. 212.097. A corporation that uses its credit against the tax
 4913  imposed by this chapter may not take the credit against the tax
 4914  imposed by chapter 212. If any credit granted under this section
 4915  is not fully used in the first year for which it becomes
 4916  available, the unused amount may be carried forward for a period
 4917  not to exceed 5 years. The carryover may be used in a subsequent
 4918  year when the tax imposed by this chapter for such year exceeds
 4919  the credit for such year under this section after applying the
 4920  other credits and unused credit carryovers in the order provided
 4921  in s. 220.02(8).
 4922         Section 93. Section 220.1896, Florida Statutes, is amended
 4923  to read:
 4924         220.1896 Jobs for the Unemployed Tax Credit Program.—
 4925         (1) As used in this section, the term:
 4926         (a) “Eligible business” means any target industry business
 4927  as defined in s. 288.106(2) which is subject to the tax imposed
 4928  by this chapter. The eligible business does not have to be
 4929  certified to receive the Qualified Target Industry Tax Refund
 4930  Incentive under s. 288.106 in order to receive the tax credit
 4931  available under this section.
 4932         (b)“Office” means the Office of Tourism, Trade, and
 4933  Economic Development.
 4934         (b)(c) “Qualified employee” means a person:
 4935         1. Who was unemployed at least 30 days immediately before
 4936  prior to being hired by an eligible business.
 4937         2. Who was hired by an eligible business on or after July
 4938  1, 2010, and had not previously been employed by the eligible
 4939  business or its parent or an affiliated corporation.
 4940         3. Who performed duties connected to the operations of the
 4941  eligible business on a regular, full-time basis for an average
 4942  of at least 36 hours per week and for at least 12 months before
 4943  an eligible business is awarded a tax credit.
 4944         4. Whose employment by the eligible business has not formed
 4945  the basis for any other claim to a credit pursuant to this
 4946  section.
 4947         (2) A certified business shall receive a $1,000 tax credit
 4948  for each qualified employee, pursuant to limitation in
 4949  subsection (5).
 4950         (3)(a) In order to become a certified business, an eligible
 4951  business must file under oath with the Department of Economic
 4952  Opportunity office an application that includes:
 4953         1. The name, address and NAICS identifying code of the
 4954  eligible business.
 4955         2. Relevant employment information.
 4956         3. A sworn affidavit, signed by each employee, attesting to
 4957  his or her previous unemployment for whom the eligible business
 4958  is seeking credits under this section.
 4959         4. Verification that the wages paid by the eligible
 4960  business to each of its qualified employees exceeds the wage
 4961  eligibility levels for Medicaid and other public assistance
 4962  programs.
 4963         5. Any other information necessary to process the
 4964  application.
 4965         (b) The Department of Economic Opportunity office shall
 4966  process applications to certify a business in the order in which
 4967  the applications are received, without regard as to whether the
 4968  applicant is a new or an existing business. The Department of
 4969  Economic Opportunity office shall review and approve or deny an
 4970  application within 10 days after receiving a completed
 4971  application. The Department of Economic Opportunity office shall
 4972  notify the applicant in writing as to the department’s office’s
 4973  decision.
 4974         (c)1. The Department of Economic Opportunity office shall
 4975  submit a copy of the letter of certification to the Department
 4976  of Revenue within 10 days after the Department of Economic
 4977  Opportunity office issues the letter of certification to the
 4978  applicant.
 4979         2. If the application of an eligible business is not
 4980  sufficient to certify the applicant business, the Department of
 4981  Economic Opportunity office must deny the application and issue
 4982  a notice of denial to the applicant.
 4983         3. If the application of an eligible business does not
 4984  contain sufficient documentation of the number of qualified
 4985  employees, the Department of Economic Opportunity office shall
 4986  approve the application with respect to the employees for whom
 4987  the Department of Economic Opportunity office determines are
 4988  qualified employees. The Department of Economic Opportunity
 4989  office must deny the application with respect to persons for
 4990  whom the Department of Economic Opportunity office determines
 4991  are not qualified employees or for whom insufficient
 4992  documentation has been provided. A business may not submit a
 4993  revised application for certification or for the determination
 4994  of a person as a qualified employee more than 3 months after the
 4995  issuance of a notice of denial with respect to the business or a
 4996  particular person as a qualified employee.
 4997         (4) The applicant for a tax credit under this section has
 4998  the responsibility to affirmatively demonstrate to the
 4999  satisfaction of the Department of Economic Opportunity office
 5000  and the Department of Revenue that the applicant and the persons
 5001  claimed as qualified employees meet the requirements of this
 5002  section.
 5003         (5) The total amount of tax credits under this section
 5004  which may be approved by the Department of Economic Opportunity
 5005  office for all applicants is $10 million, with $5 million
 5006  available to be awarded in the 2011-2012 fiscal year and $5
 5007  million available to be awarded in the 2012-2013 fiscal year.
 5008         (6) A tax credit amount that is granted under this section
 5009  which is not fully used in the first year for which it becomes
 5010  available may be carried forward to the subsequent taxable year.
 5011  The carryover credit may be used in the subsequent year if the
 5012  tax imposed by this chapter for such year exceeds the credit for
 5013  such year under this section after applying the other credits
 5014  and unused credit carryovers in the order provided in s.
 5015  220.02(8).
 5016         (7) A person who fraudulently claims a credit under this
 5017  section is liable for repayment of the credit plus a mandatory
 5018  penalty of 100 percent of the credit. Such person also commits a
 5019  misdemeanor of the second degree, punishable as provided in s.
 5020  775.082 or s. 775.083.
 5021         (8) The Department of Economic Opportunity office may adopt
 5022  rules governing the manner and form of applications for the tax
 5023  credit. The Department of Economic Opportunity office may
 5024  establish guidelines for making an affirmative showing of
 5025  qualification for the tax credit under this section.
 5026         (9) The Department of Revenue may adopt rules to administer
 5027  this section, including rules relating to the creation of forms
 5028  to claim a tax credit and examination and audit procedures
 5029  required to administer this section.
 5030         (10) This section expires June 30, 2012. However, a
 5031  taxpayer that is awarded a tax credit in the second year of the
 5032  program may carry forward any unused credit amount to the
 5033  subsequent tax reporting period. Rules adopted by the Department
 5034  of Revenue to administer this section shall remain valid as long
 5035  as a taxpayer may use a credit against its corporate income tax
 5036  liability.
 5037         Section 94. Subsection (1) of section 220.1899, Florida
 5038  Statutes, is amended to read:
 5039         220.1899 Entertainment industry tax credit.—
 5040         (1) There shall be a credit allowed against the tax imposed
 5041  by this chapter in the amounts awarded by the Department of
 5042  Economic Opportunity Office of Tourism, Trade, and Economic
 5043  Development under the entertainment industry financial incentive
 5044  program in s. 288.1254.
 5045         Section 95. Paragraphs (e), (f), (g), and (h) of subsection
 5046  (1), paragraph (a) of subsection (3), and subsections (5) and
 5047  (6) of section 220.191, Florida Statutes, are amended to read:
 5048         220.191 Capital investment tax credit.—
 5049         (1) DEFINITIONS.—For purposes of this section:
 5050         (e) “Jobs” means full-time equivalent positions, as that
 5051  term is consistent with terms used by the Department of Economic
 5052  Opportunity Agency for Workforce Innovation and the United
 5053  States Department of Labor for purposes of unemployment tax
 5054  administration and employment estimation, resulting directly
 5055  from a project in this state. The term does not include
 5056  temporary construction jobs involved in the construction of the
 5057  project facility.
 5058         (f) “Office” means the Office of Tourism, Trade, and
 5059  Economic Development.
 5060         (f)(g) “Qualifying business” means a business which
 5061  establishes a qualifying project in this state and which is
 5062  certified by the Department of Economic Opportunity office to
 5063  receive tax credits pursuant to this section.
 5064         (g)(h) “Qualifying project” means a facility in this state
 5065  meeting one or more of the following criteria:
 5066         1. A new or expanding facility in this state which creates
 5067  at least 100 new jobs in this state and is in one of the high
 5068  impact sectors identified by Enterprise Florida, Inc., and
 5069  certified by the Department of Economic Opportunity office
 5070  pursuant to s. 288.108(6), including, but not limited to,
 5071  aviation, aerospace, automotive, and silicon technology
 5072  industries. However, between July 1, 2011, and June 30, 2014,
 5073  the requirement that a facility be in a high-impact sector is
 5074  waived for any otherwise eligible business from another state
 5075  which locates all or a portion of its business to a
 5076  Disproportionally Affected County. For purposes of this section,
 5077  the term “Disproportionally Affected County” means Bay County,
 5078  Escambia County, Franklin County, Gulf County, Okaloosa County,
 5079  Santa Rosa County, Walton County, or Wakulla County.;
 5080         2. A new or expanded facility in this state which is
 5081  engaged in a target industry designated pursuant to the
 5082  procedure specified in s. 288.106(2) s. 288.106(2)(t) and which
 5083  is induced by this credit to create or retain at least 1,000
 5084  jobs in this state, provided that at least 100 of those jobs are
 5085  new, pay an annual average wage of at least 130 percent of the
 5086  average private sector wage in the area as defined in s.
 5087  288.106(2), and make a cumulative capital investment of at least
 5088  $100 million after July 1, 2005. Jobs may be considered retained
 5089  only if there is significant evidence that the loss of jobs is
 5090  imminent. Notwithstanding subsection (2), annual credits against
 5091  the tax imposed by this chapter may shall not exceed 50 percent
 5092  of the increased annual corporate income tax liability or the
 5093  premium tax liability generated by or arising out of a project
 5094  qualifying under this subparagraph. A facility that qualifies
 5095  under this subparagraph for an annual credit against the tax
 5096  imposed by this chapter may take the tax credit for a period not
 5097  to exceed 5 years.; or
 5098         3. A new or expanded headquarters facility in this state
 5099  which locates in an enterprise zone and brownfield area and is
 5100  induced by this credit to create at least 1,500 jobs which on
 5101  average pay at least 200 percent of the statewide average annual
 5102  private sector wage, as published by the Department of Economic
 5103  Opportunity Agency for Workforce Innovation or its successor,
 5104  and which new or expanded headquarters facility makes a
 5105  cumulative capital investment in this state of at least $250
 5106  million.
 5107         (3)(a) Notwithstanding subsection (2), an annual credit
 5108  against the tax imposed by this chapter shall be granted to a
 5109  qualifying business which establishes a qualifying project
 5110  pursuant to subparagraph (1)(g)(h)3., in an amount equal to the
 5111  lesser of $15 million or 5 percent of the eligible capital costs
 5112  made in connection with a qualifying project, for a period not
 5113  to exceed 20 years beginning with the commencement of operations
 5114  of the project. The tax credit shall be granted against the
 5115  corporate income tax liability of the qualifying business and as
 5116  further provided in paragraph (c). The total tax credit provided
 5117  pursuant to this subsection shall be equal to no more than 100
 5118  percent of the eligible capital costs of the qualifying project.
 5119         (5) Applications shall be reviewed and certified pursuant
 5120  to s. 288.061. The Department of Economic Opportunity office,
 5121  upon a recommendation by Enterprise Florida, Inc., shall first
 5122  certify a business as eligible to receive tax credits pursuant
 5123  to this section prior to the commencement of operations of a
 5124  qualifying project, and such certification shall be transmitted
 5125  to the Department of Revenue. Upon receipt of the certification,
 5126  the Department of Revenue shall enter into a written agreement
 5127  with the qualifying business specifying, at a minimum, the
 5128  method by which income generated by or arising out of the
 5129  qualifying project will be determined.
 5130         (6) The Department of Economic Opportunity office, in
 5131  consultation with Enterprise Florida, Inc., is authorized to
 5132  develop the necessary guidelines and application materials for
 5133  the certification process described in subsection (5).
 5134         Section 96. Subsection (2) of section 222.15, Florida
 5135  Statutes, is amended to read:
 5136         222.15 Wages or unemployment compensation payments due
 5137  deceased employee may be paid spouse or certain relatives.—
 5138         (2) It is also lawful for the Department of Economic
 5139  Opportunity Agency for Workforce Innovation, in case of death of
 5140  any unemployed individual, to pay to those persons referred to
 5141  in subsection (1) any unemployment compensation payments that
 5142  may be due to the individual at the time of his or her death.
 5143         Section 97. Subsections (3) and (4) of section 250.06,
 5144  Florida Statutes, are amended to read:
 5145         250.06 Commander in chief.—
 5146         (3) The Governor may, in order to preserve the public
 5147  peace, execute the laws of the state, suppress insurrection,
 5148  repel invasion, respond to an emergency as defined in s.
 5149  252.34(3) or imminent danger thereof, or, in case of the calling
 5150  of all or any portion of the militia of this state Florida into
 5151  the services of the United States, may increase the Florida
 5152  National Guard and organize it in accordance with rules and
 5153  regulations governing the Armed Forces of the United States.
 5154  Such organization and increase may be pursuant to or in advance
 5155  of any call made by the President of the United States. If the
 5156  Florida National Guard is activated into service of the United
 5157  States, another organization may not be designated as the
 5158  Florida National Guard.
 5159         (4) The Governor may, in order to preserve the public
 5160  peace, execute the laws of the state, enhance domestic security,
 5161  respond to terrorist threats or attacks, respond to an emergency
 5162  as defined in s. 252.34(3) or imminent danger thereof, or
 5163  respond to any need for emergency aid to civil authorities as
 5164  specified in s. 250.28, order into state active duty all or any
 5165  part of the militia which he or she deems proper.
 5166         Section 98. Subsection (2) of section 252.34, Florida
 5167  Statutes, is amended to read:
 5168         252.34 Definitions.—As used in this part ss. 252.31-252.60,
 5169  the term:
 5170         (2) “Division” means the Division of Emergency Management
 5171  within the Executive Office of the Governor of the Department of
 5172  Community Affairs, or the successor to that division.
 5173         Section 99. Paragraphs (j), (s), and (t) of subsection (2)
 5174  of section 252.35, Florida Statutes, are amended to read:
 5175         252.35 Emergency management powers; Division of Emergency
 5176  Management.—
 5177         (2) The division is responsible for carrying out the
 5178  provisions of ss. 252.31-252.90. In performing its duties under
 5179  ss. 252.31-252.90, the division shall:
 5180         (j) In cooperation with The Division of Emergency
 5181  Management and the Department of Education, shall coordinate
 5182  with the Agency for Persons with Disabilities to provide an
 5183  educational outreach program on disaster preparedness and
 5184  readiness to individuals who have limited English skills and
 5185  identify persons who are in need of assistance but are not
 5186  defined under special-needs criteria.
 5187         (s) By January 1, 2007, the Division of Emergency
 5188  Management shall Complete an inventory of portable generators
 5189  owned by the state and local governments which are capable of
 5190  operating during a major disaster. The inventory must identify,
 5191  at a minimum, the location of each generator, the number of
 5192  generators stored at each specific location, the agency to which
 5193  each generator belongs, the primary use of the generator by the
 5194  owner agency, and the names, addresses, and telephone numbers of
 5195  persons having the authority to loan the stored generators as
 5196  authorized by the division of Emergency Management during a
 5197  declared emergency.
 5198         (t) The division shall Maintain an inventory list of
 5199  generators owned by the state and local governments. In
 5200  addition, the division may keep a list of private entities,
 5201  along with appropriate contact information, which offer
 5202  generators for sale or lease. The list of private entities shall
 5203  be available to the public for inspection in written and
 5204  electronic formats.
 5205         Section 100. Subsection (2) of section 252.355, Florida
 5206  Statutes, is amended to read:
 5207         252.355 Registry of persons with special needs; notice.—
 5208         (2) The division Department of Community Affairs shall be
 5209  the designated lead agency responsible for community education
 5210  and outreach to the public, including special needs clients,
 5211  regarding registration and special needs shelters and general
 5212  information regarding shelter stays.
 5213         Section 101. Section 252.371, Florida Statutes, is amended
 5214  to read:
 5215         252.371 Emergency Management, Preparedness, and Assistance
 5216  Trust Fund.—There is created the Emergency Management,
 5217  Preparedness, and Assistance Trust Fund to be administered by
 5218  the division Department of Community Affairs.
 5219         Section 102. Subsections (1) and (2) of section 252.373,
 5220  Florida Statutes, are amended to read:
 5221         252.373 Allocation of funds; rules.—
 5222         (1) Funds appropriated from the Emergency Management,
 5223  Preparedness, and Assistance Trust Fund shall be allocated by
 5224  the division Department of Community Affairs for the following
 5225  purposes:
 5226         (a) To implement and administer state and local emergency
 5227  management programs, including administration, training, and
 5228  operations.
 5229         (b) For grants and loans to state or regional agencies,
 5230  local governments, and private organizations to implement
 5231  projects that will further state and local emergency management
 5232  objectives. These projects must include, but need not be limited
 5233  to, projects that will promote public education on disaster
 5234  preparedness and recovery issues, enhance coordination of relief
 5235  efforts of statewide private sector organizations, and improve
 5236  the training and operations capabilities of agencies assigned
 5237  lead or support responsibilities in the state comprehensive
 5238  emergency management plan, including the State Fire Marshal’s
 5239  Office for coordinating the Florida fire services. The division
 5240  shall establish criteria and procedures for competitive
 5241  allocation of these funds by rule. No more than 5 percent of any
 5242  award made pursuant to this subparagraph may be used for
 5243  administrative expenses. This competitive criteria must give
 5244  priority consideration to hurricane evacuation shelter retrofit
 5245  projects.
 5246         (c) To meet any matching requirements imposed as a
 5247  condition of receiving federal disaster relief assistance.
 5248         (2) The division department shall allocate funds from the
 5249  Emergency Management, Preparedness, and Assistance Trust Fund to
 5250  local emergency management agencies and programs pursuant to
 5251  criteria specified in rule. Such rules shall include, but are
 5252  not limited to:
 5253         (a) Requiring that, at a minimum, a local emergency
 5254  management agency either:
 5255         1. Have a program director who works at least 40 hours a
 5256  week in that capacity; or
 5257         2. If the county has fewer than 75,000 population or is
 5258  party to an interjurisdictional emergency management agreement
 5259  entered into pursuant to s. 252.38(3)(b), that is recognized by
 5260  the Governor by executive order or rule, have an emergency
 5261  management coordinator who works at least 20 hours a week in
 5262  that capacity.
 5263         (b) Specifying a formula that establishes a base grant
 5264  allocation and weighted factors for funds to be allocated over
 5265  the base grant amount.
 5266         (c) Specifying match requirements.
 5267         (d) Preferential funding to provide incentives to counties
 5268  and municipalities to participate in mutual aid agreements.
 5269         Section 103. Subsection (5) of section 252.55, Florida
 5270  Statutes, is amended to read:
 5271         252.55 Civil Air Patrol, Florida Wing.—
 5272         (5) The wing commander of the Florida Wing of the Civil Air
 5273  Patrol shall biennially furnish the division Bureau of Emergency
 5274  Management a 2-year projection of the goals and objectives of
 5275  the Civil Air Patrol which shall be reported in the division’s
 5276  biennial report submitted pursuant to s. 252.35.
 5277         Section 104. Subsection (4) of section 252.60, Florida
 5278  Statutes, is amended to read:
 5279         252.60 Radiological emergency preparedness.—
 5280         (4) POWERS AND DUTIES.—In implementing the requirements of
 5281  this section, the director of the division secretary of the
 5282  department, or the director’s secretary’s designated
 5283  representative, shall:
 5284         (a) Negotiate and enter into such additional contracts and
 5285  arrangements among the division, appropriate counties, and each
 5286  operator to provide for the level of funding and the respective
 5287  roles of each in the development, preparation, testing, and
 5288  implementation of the plans.
 5289         (b) Evaluate and determine the adequacy of the plans based
 5290  upon consultations with the United States Nuclear Regulatory
 5291  Commission and other agencies, as appropriate, and upon the
 5292  results of such tests as may be conducted.
 5293         (c) Limited to such funding as is available based upon the
 5294  requirements of subsection (5), require the participation of
 5295  appropriate counties and operators in the development,
 5296  preparation, testing, or implementation of the plans as needed.
 5297         (d) Determine the reasonableness and adequacy of the
 5298  provisions, terms, and conditions of the plans and, in the event
 5299  the appropriate counties and the operators cannot agree, resolve
 5300  such differences and require compliance by the appropriate
 5301  counties and the operators with the plans. In resolving such
 5302  differences, the director secretary shall consider:
 5303         1. The requirements and parameters placed on the operators
 5304  by federal law and agencies;
 5305         2. The reasonableness and adequacy of the funding for
 5306  appropriate counties from any sources of funds other than local
 5307  revenue sources; and
 5308         3. The reasonableness and appropriateness of the costs to
 5309  the appropriate counties likely to be incurred in complying with
 5310  provisions, terms, and conditions of the plans.
 5311         (e) Receive, expend, and disburse such funds as are made
 5312  available by each licensee pursuant to this section.
 5313         (f) Limited to such funding as is available based upon the
 5314  requirements of subsection (5), coordinate all activities
 5315  undertaken pursuant to this section or required of appropriate
 5316  counties and operators by any federal or state agency.
 5317         Section 105. Section 252.61, Florida Statutes, is amended
 5318  to read:
 5319         252.61 List of persons for contact relating to release of
 5320  toxic substances into atmosphere.—The Division of Emergency
 5321  Management Department of Community Affairs shall maintain a list
 5322  of contact persons after the survey pursuant to s. 403.771 is
 5323  completed.
 5324         Section 106. Section 252.82, Florida Statutes, is amended
 5325  to read:
 5326         252.82 Definitions.—As used in this part:
 5327         (1) “Commission” means the State Hazardous Materials
 5328  Emergency Response Commission created pursuant to s. 301 of
 5329  EPCRA.
 5330         (2) “Committee” means any local emergency planning
 5331  committee established in the state pursuant to s. 301 of EPCRA.
 5332         (3) “Division” means the Division of Emergency Management
 5333  within the Executive Office of the Governor Department” means
 5334  the Department of Community Affairs.
 5335         (4) “Facility” means facility as defined in s. 329 of
 5336  EPCRA. Vehicles placarded according to title 49 Code of Federal
 5337  Regulations are shall not be considered a facility except for
 5338  purposes of s. 304 of EPCRA.
 5339         (5) “Hazardous material” means any hazardous chemical,
 5340  toxic chemical, or extremely hazardous substance, as defined in
 5341  s. 329 of EPCRA.
 5342         (6) “EPCRA” means the Emergency Planning and Community
 5343  Right-to-Know Act of 1986, title III of the Superfund Amendments
 5344  and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300
 5345  329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
 5346  adopted thereunder.
 5347         (7) “Trust fund” means the Operating Trust Fund of the
 5348  division Department of Community Affairs.
 5349         Section 107. Section 252.83, Florida Statutes, is amended
 5350  to read:
 5351         252.83 Powers and duties of the division department.—
 5352         (1) The division department shall have the authority:
 5353         (a) To coordinate its activities under this part with its
 5354  other emergency management responsibilities, including its
 5355  responsibilities under part I of this chapter, and activities
 5356  and with the related activities of other agencies, keeping
 5357  separate accounts for all activities supported or partially
 5358  supported from the Operating Trust Fund.
 5359         (b) To make rules, with the advice and consent of the
 5360  commission, to implement this part.
 5361         (2) The division department shall provide administrative
 5362  support, including staff, facilities, materials, and services,
 5363  to the commission and shall provide funding to the committees to
 5364  enable the commission and the committees to perform their
 5365  functions under EPCRA and this part.
 5366         (3) The division department and the commission, to the
 5367  extent possible, shall use the emergency planning capabilities
 5368  of local governments to reduce duplication and paperwork to
 5369  achieve the intent of this part. It is the intent of the
 5370  Legislature that this part be implemented in the most cost
 5371  efficient manner possible, with the least possible financial
 5372  impact on local government and the community.
 5373         Section 108. Subsections (1), (3), (4), and (5) of section
 5374  252.85, Florida Statutes, are amended to read:
 5375         252.85 Fees.—
 5376         (1) Any owner or operator of a facility required under s.
 5377  302 or s. 312 of EPCRA, or by s. 252.87, to submit a
 5378  notification or an annual inventory form to the commission shall
 5379  be required to pay an annual registration fee. The fee for any
 5380  company, including all facilities under common ownership or
 5381  control, shall not be less than $25 nor more than $2,000. The
 5382  division department shall establish a reduced fee, of not less
 5383  than $25 nor more than $500, applicable to any owner or operator
 5384  regulated under part I of chapter 368, chapter 527, or s.
 5385  376.303, which does not have present any extremely hazardous
 5386  substance, as defined by EPCRA, in excess of a threshold
 5387  planning quantity, as established by EPCRA. The division
 5388  department shall establish a reduced fee of not less than $25
 5389  nor more than $1,000, applicable to any owner or operator of a
 5390  facility with a Standard Industrial Classification Code of 01,
 5391  02, or 07, which is eligible for the “routine agricultural use”
 5392  exemption provided in ss. 311 and 312 of EPCRA. The fee under
 5393  this subsection shall be based on the number of employees
 5394  employed within the state at facilities under the common
 5395  ownership or control of such owner or operator, which number
 5396  shall be determined, to the extent possible, in accordance with
 5397  data supplied by the Department of Economic Opportunity or its
 5398  tax collection service provider Labor and Employment Security.
 5399  In order to avoid the duplicative reporting of seasonal and
 5400  temporary agricultural employees, fees applicable to owners or
 5401  operators of agricultural facilities, which are eligible for the
 5402  “routine agricultural use” reporting exemption provided in ss.
 5403  311 and 312 of EPCRA, shall be based on employee data which most
 5404  closely reflects such owner or operator’s permanent nonseasonal
 5405  workforce. The division department shall establish by rule the
 5406  date by which the fee is to be paid, as well as a formula or
 5407  method of determining the applicable fee under this subsection
 5408  without regard to the number of facilities under common
 5409  ownership or control. The division department may require owners
 5410  or operators of multiple facilities to demonstrate common
 5411  ownership or control for purposes of this subsection.
 5412         (3) Any owner or operator of a facility that is required to
 5413  submit a report or filing under s. 313 of EPCRA shall pay an
 5414  annual reporting fee not to exceed $150 for those s. 313 EPCRA
 5415  listed substances in effect on January 1, 2005. The division
 5416  department shall establish by rule the date by which the fee is
 5417  to be paid, as well as a formula or method of determining the
 5418  applicable fee under this subsection.
 5419         (4)(a) The division department may assess a late fee for
 5420  the failure to submit a report or filing that substantially
 5421  complies with the requirements of EPCRA or s. 252.87 by the
 5422  specified date or for failure to pay any fee, including any late
 5423  fee, required by this section. This late fee shall be in
 5424  addition to the fee otherwise imposed pursuant to this section.
 5425  If the division department elects to impose a late fee, it shall
 5426  provide the owner or operator with a written notice that
 5427  identifies the specific requirements which have not been met and
 5428  advises of its intent to assess a late fee.
 5429         (b) The division department may impose a late fee, subject
 5430  to the limitations set forth below:
 5431         1. If the report, filing, or fee is submitted within 30
 5432  days after the receipt of the division’s department’s notice, no
 5433  late fee may be assessed.
 5434         2. If the report, filing, or fee is not submitted within 30
 5435  days after the receipt of the division’s department’s notice,
 5436  the division department may impose a late fee in an amount equal
 5437  to the amount of the annual registration fee, filing fee, or s.
 5438  313 fee due, not to exceed $2,000.
 5439         3. If the report, filing, or fee is not submitted within 90
 5440  days after the receipt of the division’s department’s notice,
 5441  the division department may issue a second notice. If the
 5442  report, filing, or fee is not submitted within 30 days after
 5443  receipt of the division’s department’s second notice, the
 5444  division department may assess a second late fee in an amount
 5445  equal to twice the amount of the annual registration fee, filing
 5446  fee, or s. 313 fee due, not to exceed $4,000.
 5447         4. The division department may consider, but is not limited
 5448  to considering, the following factors in assessing late fees:
 5449  good faith attempt to comply; history of noncompliance; ability
 5450  to pay or continue in business; threat to health and safety
 5451  posed by noncompliance; and degree of culpability.
 5452         (5) The division department shall establish by rule the
 5453  dates by which the fee is to be paid, as well as a formula or
 5454  method of determining the facility registration fee and late
 5455  fee.
 5456         Section 109. Subsections (1) and (3) of section 252.86,
 5457  Florida Statutes, are amended to read:
 5458         252.86 Penalties and remedies.—
 5459         (1) The owner or operator of a facility, an employer, or
 5460  any other person submitting written information pursuant to
 5461  EPCRA or this part to the commission, a committee, or a fire
 5462  department shall be liable for a civil penalty of $5,000 for
 5463  each item of information in the submission that is false, if
 5464  such person knew or should have known the information was false
 5465  or if such person submitted the information with reckless
 5466  disregard of its truth or falsity. The division department may
 5467  institute a civil action in a court of competent jurisdiction to
 5468  impose and recover a civil penalty for the amount indicated in
 5469  this subsection. However, the court may receive evidence in
 5470  mitigation.
 5471         (3) Any provision of s. 325 or s. 326 of EPCRA which
 5472  creates a federal cause of action shall create a corresponding
 5473  cause of action under state law, with jurisdiction in the
 5474  circuit courts. Any provision of s. 325 or s. 326 of EPCRA which
 5475  imposes or authorizes the imposition of a civil penalty by the
 5476  Administrator of the Environmental Protection Agency, or which
 5477  creates a liability to the United States, shall impose or
 5478  authorize the imposition of such a penalty by the division
 5479  department or create such a liability to and for the benefit of
 5480  the state, to be paid into the Operating Trust Fund. Venue shall
 5481  be proper in the county where the violation occurred or where
 5482  the defendant has its principal place of business.
 5483         Section 110. Subsections (4) and (7) of section 252.87,
 5484  Florida Statutes, are amended to read:
 5485         252.87 Supplemental state reporting requirements.—
 5486         (4) Each employer that owns or operates a facility in this
 5487  state at which hazardous materials are present in quantities at
 5488  or above the thresholds established under ss. 311(b) and 312(b)
 5489  of EPCRA shall comply with the reporting requirements of ss. 311
 5490  and 312 of EPCRA. Such employer shall also be responsible for
 5491  notifying the division department, the local emergency planning
 5492  committee, and the local fire department in writing within 30
 5493  days if there is a discontinuance or abandonment of the
 5494  employer’s business activities that could affect any stored
 5495  hazardous materials.
 5496         (7) The division department shall avoid duplicative
 5497  reporting requirements by using utilizing the reporting
 5498  requirements of other state agencies that regulate hazardous
 5499  materials to the extent feasible and shall request the
 5500  information authorized under EPCRA. With the advice and consent
 5501  of the State Emergency Response Commission for Hazardous
 5502  Materials, the division department may require by rule that the
 5503  maximum daily amount entry on the chemical inventory report
 5504  required under s. 312 of EPCRA provide for reporting in
 5505  estimated actual amounts. The division department may also
 5506  require by rule an entry for the Federal Employer Identification
 5507  Number on this report. To the extent feasible, the division
 5508  department shall encourage and accept required information in a
 5509  form initiated through electronic data interchange and shall
 5510  describe by rule the format, manner of execution, and method of
 5511  electronic transmission necessary for using such form. To the
 5512  extent feasible, the Department of Financial Services, the
 5513  Department of Agriculture and Consumer Services, the Department
 5514  of Environmental Protection, the Public Service Commission, the
 5515  Department of Revenue, the Department of Labor and Employment
 5516  Security, and other state agencies which regulate hazardous
 5517  materials shall coordinate with the division department in order
 5518  to avoid duplicative requirements contained in each agency’s
 5519  respective reporting or registration forms. The other state
 5520  agencies that inspect facilities storing hazardous materials and
 5521  suppliers and distributors of covered substances shall assist
 5522  the division department in informing the facility owner or
 5523  operator of the requirements of this part. The division
 5524  department shall provide the other state agencies with the
 5525  necessary information and materials to inform the owners and
 5526  operators of the requirements of this part to ensure that the
 5527  budgets of these agencies are not adversely affected.
 5528         Section 111. Subsection (4) of section 252.88, Florida
 5529  Statutes, is amended to read:
 5530         252.88 Public records.—
 5531         (4) The division department, the commission, and the
 5532  committees shall furnish copies of public records submitted
 5533  under EPCRA or this part, and may charge a fee of $1 per page
 5534  per person per year for over 25 pages of materials copied.
 5535         Section 112. Subsections (3), (8), (9), and (19) of section
 5536  252.936, Florida Statutes, are amended to read:
 5537         252.936 Definitions.—As used in this part, the term:
 5538         (3) “Audit” means a review of information at, a stationary
 5539  source subject to s. 112(r)(7), or submitted by, a stationary
 5540  source subject to s. 112(r)(7), to determine whether that
 5541  stationary source is in compliance with the requirements of this
 5542  part and rules adopted to administer implement this part. Audits
 5543  must include a review of the adequacy of the stationary source’s
 5544  Risk Management Plan, may consist of reviews of information
 5545  submitted to the division department or the United States
 5546  Environmental Protection Agency to determine whether the plan is
 5547  complete or whether revisions to the plan are needed, and the
 5548  reviews may be conducted at the stationary source to confirm
 5549  that information onsite is consistent with reported information.
 5550         (8) “Division” means the Division of Emergency Management
 5551  in the Executive Office of the Governor “Department” means the
 5552  Department of Community Affairs.
 5553         (9) “Inspection” means a review of information at a
 5554  stationary source subject to s. 112(r)(7), including
 5555  documentation and operating practices and access to the source
 5556  and to any area where an accidental release could occur, to
 5557  determine whether the stationary source is in compliance with
 5558  the requirements of this part or rules adopted to administer
 5559  implement this part.
 5560         (19) “Trust fund” means the Operating Trust Fund of the
 5561  division established in the department’s Division of Emergency
 5562  Management.
 5563         Section 113. Section 252.937, Florida Statutes, is amended
 5564  to read:
 5565         252.937 Division Department powers and duties.—
 5566         (1) The division department has the power and duty to:
 5567         (a)1. Seek delegation from the United States Environmental
 5568  Protection Agency to implement the Accidental Release Prevention
 5569  Program under s. 112(r)(7) of the Clean Air Act and the federal
 5570  implementing regulations for specified sources subject to s.
 5571  112(r)(7) of the Clean Air Act. Implementation for all other
 5572  sources subject to s. 112(r)(7) of the Clean Air Act shall will
 5573  be performed by the United States Environmental Protection
 5574  Agency; and
 5575         2. Ensure the timely submission of Risk Management Plans
 5576  and any subsequent revisions of Risk Management Plans.
 5577         (b) Adopt, modify, and repeal rules, with the advice and
 5578  consent of the commission, necessary to obtain delegation from
 5579  the United States Environmental Protection Agency and to
 5580  administer the s. 112(r)(7) Accidental Release Prevention
 5581  Program in this state for the specified stationary sources with
 5582  no expansion or addition of the regulatory program.
 5583         (c) Make and execute contracts and other agreements
 5584  necessary or convenient to the administration implementation of
 5585  this part.
 5586         (d) Coordinate its activities under this part with its
 5587  other emergency management responsibilities, including its
 5588  responsibilities and activities under parts I, II, and III of
 5589  this chapter and with the related activities of other state and
 5590  local agencies, keeping separate accounts for all activities
 5591  conducted under this part which are supported or partially
 5592  supported from the trust fund.
 5593         (e) Establish, with the advice and consent of the
 5594  commission, a technical assistance and outreach program on or
 5595  before January 31, 1999, to assist owners and operators of
 5596  specified stationary sources subject to s. 112(r)(7) in
 5597  complying with the reporting and fee requirements of this part.
 5598  This program is designed to facilitate and ensure timely
 5599  submission of proper certifications or compliance schedules and
 5600  timely submission and registration of Risk Management Plans and
 5601  revised registrations and Risk Management Plans if when required
 5602  for these sources.
 5603         (f) Make a quarterly report to the State Emergency Response
 5604  Commission on income and expenses for the state’s Accidental
 5605  Release Prevention Program under this part.
 5606         (2) To ensure that this program is self-supporting, the
 5607  division department shall provide administrative support,
 5608  including staff, facilities, materials, and services to
 5609  implement this part for specified stationary sources subject to
 5610  s. 252.939 and shall provide necessary funding to local
 5611  emergency planning committees and county emergency management
 5612  agencies for work performed to implement this part. Each state
 5613  agency with regulatory, inspection, or technical assistance
 5614  programs for specified stationary sources subject to this part
 5615  shall enter into a memorandum of understanding with the division
 5616  department which specifically outlines how each agency’s staff,
 5617  facilities, materials, and services will be used utilized to
 5618  support implementation. At a minimum, these agencies and
 5619  programs include: the Department of Environmental Protection’s
 5620  Division of Air Resources Management and Division of Water
 5621  Resource Management, and the Department of Labor and Employment
 5622  Security’s Division of Safety. It is the Legislature’s intent to
 5623  implement this part as efficiently and economically as possible,
 5624  using existing expertise and resources, if available and
 5625  appropriate.
 5626         (3) To prevent the duplication of investigative efforts and
 5627  resources, the division department, on behalf of the commission,
 5628  shall coordinate with any federal agencies or agents thereof,
 5629  including the federal Chemical Safety and Hazard Investigation
 5630  Board, or its successor, which are performing accidental release
 5631  investigations for specified stationary sources, and may
 5632  coordinate with any agencies of the state which are performing
 5633  accidental release investigations. This accidental release
 5634  investigation coordination is not intended to limit or take the
 5635  place of any individual agency accidental release investigation
 5636  under separate authority.
 5637         (4) To promote efficient administration of this program and
 5638  specified stationary sources, the only the division agency which
 5639  may seek delegation from the United States Environmental
 5640  Protection Agency for this program is the Florida Department of
 5641  Community Affairs. Further, the division may Florida Department
 5642  of Community Affairs shall not delegate this program to any
 5643  local environmental agency.
 5644         Section 114. Section 252.943, Florida Statutes, is amended
 5645  to read:
 5646         252.943 Public records.—
 5647         (1) The division Department of Community Affairs shall
 5648  protect records, reports, or information or particular parts
 5649  thereof, other than release or emissions data, contained in a
 5650  risk management plan from public disclosure pursuant to ss.
 5651  112(r) and 114(c) of the federal Clean Air Act and authorities
 5652  cited therein, based upon a showing satisfactory to the
 5653  Administrator of the United States Environmental Protection
 5654  Agency, by any owner or operator of a stationary source subject
 5655  to the Accidental Release Prevention Program, that public
 5656  release of such records, reports, or information would divulge
 5657  methods or processes entitled to protection as trade secrets as
 5658  provided for in 40 C.F.R. part 2, subpart B. Such records,
 5659  reports, or information held by the division department are
 5660  confidential and exempt from the provisions of s. 119.07(1) and
 5661  s. 24(a), Art. I of the State Constitution, unless a final
 5662  determination has been made by the Administrator of the
 5663  Environmental Protection Agency that such records, reports, or
 5664  information are not entitled to trade secret protection, or
 5665  pursuant to an order of court.
 5666         (2) The division department shall protect records, reports,
 5667  or information or particular parts thereof, other than release
 5668  or emissions data, obtained from an investigation, inspection,
 5669  or audit from public disclosure pursuant to ss. 112(r) and
 5670  114(c) of the federal Clean Air Act and authorities cited
 5671  therein, based upon a showing satisfactory to the Administrator
 5672  of the United States Environmental Protection Agency, by any
 5673  owner or operator of a stationary source subject to the
 5674  Accidental Release Prevention Program, that public release of
 5675  such records, reports, or information would divulge methods or
 5676  processes entitled to protection as trade secrets as provided
 5677  for in 40 C.F.R. part 2, subpart B. Such records, reports, or
 5678  information held by the division department are confidential and
 5679  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 5680  of the State Constitution, unless a final determination has been
 5681  made by the Administrator of the Environmental Protection Agency
 5682  that such records, reports, or information are not entitled to
 5683  trade secret protection, or pursuant to a court an order of
 5684  court.
 5685         Section 115. Section 252.946, Florida Statutes, is amended
 5686  to read:
 5687         252.946 Public records.—With regard to information
 5688  submitted to the United States Environmental Protection Agency
 5689  under this part or s. 112(r)(7), the division Department of
 5690  Community Affairs, the State Hazardous Materials Emergency
 5691  Response Commission, and any local emergency planning committee
 5692  may assist persons in electronically accessing such information
 5693  held by the United States Environmental Protection Agency in its
 5694  centralized database. If requested, the division department, the
 5695  commission, or a committee may furnish copies of such United
 5696  States Environmental Protection Agency records.
 5697         Section 116. Subsections (3) and (4) of section 255.042,
 5698  Florida Statutes, are amended to read:
 5699         255.042 Shelter in public buildings.—
 5700         (3) The Division of Emergency Management Department of
 5701  Community Affairs shall, in those cases in which the architect
 5702  engineer firm does not possess the specialized training required
 5703  for the inclusion of fallout protection in building design and
 5704  upon request from the architect-engineer concerned or the
 5705  responsible state or local agency, provide, at no cost to the
 5706  architect-engineer or agency, professional development service
 5707  to increase fallout protection through shelter slanting and
 5708  cost-reduction techniques.
 5709         (4) Nothing in this section establishes act shall be
 5710  construed as establishing a mandatory requirement for the
 5711  incorporation of fallout shelter in the construction of,
 5712  modification of, or addition to the public buildings concerned.
 5713  It is mandatory, however, that the incorporation of such
 5714  protection be given every consideration through acceptable
 5715  shelter slanting and cost-reduction techniques. The responsible
 5716  state or local official shall determine whether cost, or other
 5717  related factors, precludes or makes impracticable the
 5718  incorporation of fallout shelter in public buildings. Further,
 5719  the Division of Emergency Management Department of Community
 5720  Affairs may waive the requirement for consideration of shelter
 5721  in those cases where presently available shelter spaces equal or
 5722  exceed the requirements of the area concerned.
 5723         Section 117. Paragraph (b) of subsection (1) of section
 5724  255.099, Florida Statutes, is amended to read:
 5725         255.099 Preference to state residents.—
 5726         (1) Each contract for construction that is funded by state
 5727  funds must contain a provision requiring the contractor to give
 5728  preference to the employment of state residents in the
 5729  performance of the work on the project if state residents have
 5730  substantially equal qualifications to those of nonresidents. A
 5731  contract for construction funded by local funds may contain such
 5732  a provision.
 5733         (b) A contractor required to employ state residents must
 5734  contact the Department of Economic Opportunity Agency for
 5735  Workforce Innovation to post the contractor’s employment needs
 5736  in the state’s job bank system.
 5737         Section 118. Subsection (4) of section 258.004, Florida
 5738  Statutes, is amended to read:
 5739         258.004 Duties of division.—
 5740         (4) The Division of Recreation and Parks shall provide
 5741  consultation assistance to the Department of Community Affairs
 5742  and to local governing units as to the protection, organization,
 5743  and administration of local recreation systems and the planning
 5744  and design of local recreation areas and facilities.
 5745         Section 119. Paragraph (b) of subsection (1) of section
 5746  259.035, Florida Statutes, is amended to read:
 5747         259.035 Acquisition and Restoration Council.—
 5748         (1) There is created the Acquisition and Restoration
 5749  Council.
 5750         (b) The four five remaining appointees shall be composed of
 5751  the Secretary of Environmental Protection, the director of the
 5752  Division of Forestry of the Department of Agriculture and
 5753  Consumer Services, the executive director of the Fish and
 5754  Wildlife Conservation Commission, and the director of the
 5755  Division of Historical Resources of the Department of State, and
 5756  the secretary of the Department of Community Affairs, or their
 5757  respective designees.
 5758         Section 120. Paragraphs (c) and (j) of subsection (3) of
 5759  section 259.105, Florida Statutes, are amended to read:
 5760         259.105 The Florida Forever Act.—
 5761         (3) Less the costs of issuing and the costs of funding
 5762  reserve accounts and other costs associated with bonds, the
 5763  proceeds of cash payments or bonds issued pursuant to this
 5764  section shall be deposited into the Florida Forever Trust Fund
 5765  created by s. 259.1051. The proceeds shall be distributed by the
 5766  Department of Environmental Protection in the following manner:
 5767         (c) Twenty-one percent to the Department of Environmental
 5768  Protection Community Affairs for use by the Florida Communities
 5769  Trust for the purposes of part III of chapter 380, as described
 5770  and limited by this subsection, and grants to local governments
 5771  or nonprofit environmental organizations that are tax-exempt
 5772  under s. 501(c)(3) of the United States Internal Revenue Code
 5773  for the acquisition of community-based projects, urban open
 5774  spaces, parks, and greenways to implement local government
 5775  comprehensive plans. From funds available to the trust and used
 5776  for land acquisition, 75 percent shall be matched by local
 5777  governments on a dollar-for-dollar basis. The Legislature
 5778  intends that the Florida Communities Trust emphasize funding
 5779  projects in low-income or otherwise disadvantaged communities
 5780  and projects that provide areas for direct water access and
 5781  water-dependent facilities that are open to the public and offer
 5782  public access by vessels to waters of the state, including boat
 5783  ramps and associated parking and other support facilities. At
 5784  least 30 percent of the total allocation provided to the trust
 5785  shall be used in Standard Metropolitan Statistical Areas, but
 5786  one-half of that amount shall be used in localities in which the
 5787  project site is located in built-up commercial, industrial, or
 5788  mixed-use areas and functions to intersperse open spaces within
 5789  congested urban core areas. From funds allocated to the trust,
 5790  no less than 5 percent shall be used to acquire lands for
 5791  recreational trail systems, provided that in the event these
 5792  funds are not needed for such projects, they will be available
 5793  for other trust projects. Local governments may use federal
 5794  grants or loans, private donations, or environmental mitigation
 5795  funds, including environmental mitigation funds required
 5796  pursuant to s. 338.250, for any part or all of any local match
 5797  required for acquisitions funded through the Florida Communities
 5798  Trust. Any lands purchased by nonprofit organizations using
 5799  funds allocated under this paragraph must provide for such lands
 5800  to remain permanently in public use through a reversion of title
 5801  to local or state government, conservation easement, or other
 5802  appropriate mechanism. Projects funded with funds allocated to
 5803  the Trust shall be selected in a competitive process measured
 5804  against criteria adopted in rule by the Trust.
 5805         (j) Two and five-tenths percent to the Department of
 5806  Environmental Protection Community Affairs for the acquisition
 5807  of land and capital project expenditures necessary to implement
 5808  the Stan Mayfield Working Waterfronts Program within the Florida
 5809  communities trust pursuant to s. 380.5105.
 5810         Section 121. Paragraph (d) of subsection (1) of section
 5811  260.0142, Florida Statutes, is amended to read:
 5812         260.0142 Florida Greenways and Trails Council; composition;
 5813  powers and duties.—
 5814         (1) There is created within the department the Florida
 5815  Greenways and Trails Council which shall advise the department
 5816  in the execution of the department’s powers and duties under
 5817  this chapter. The council shall be composed of 20 21 members,
 5818  consisting of:
 5819         (d) The 9 10 remaining members shall include:
 5820         1. The Secretary of Environmental Protection or a designee.
 5821         2. The executive director of the Fish and Wildlife
 5822  Conservation Commission or a designee.
 5823         3. The Secretary of Community Affairs or a designee.
 5824         3.4. The Secretary of Transportation or a designee.
 5825         4.5. The Director of the Division of Forestry of the
 5826  Department of Agriculture and Consumer Services or a designee.
 5827         5.6. The director of the Division of Historical Resources
 5828  of the Department of State or a designee.
 5829         6.7. A representative of the water management districts.
 5830  Membership on the council shall rotate among the five districts.
 5831  The districts shall determine the order of rotation.
 5832         7.8. A representative of a federal land management agency.
 5833  The Secretary of Environmental Protection shall identify the
 5834  appropriate federal agency and request designation of a
 5835  representative from the agency to serve on the council.
 5836         8.9. A representative of the regional planning councils to
 5837  be appointed by the Secretary of Environmental Protection in
 5838  consultation with the Secretary of Community Affairs. Membership
 5839  on the council shall rotate among the seven regional planning
 5840  councils. The regional planning councils shall determine the
 5841  order of rotation.
 5842         9.10. A representative of local governments to be appointed
 5843  by the Secretary of Environmental Protection in consultation
 5844  with the Secretary of Community Affairs. Membership shall
 5845  alternate between a county representative and a municipal
 5846  representative.
 5847         Section 122. Paragraph (b) of subsection (4) of section
 5848  267.0625, Florida Statutes, is amended to read:
 5849         267.0625 Abrogation of offensive and derogatory geographic
 5850  place names.—
 5851         (4) The division shall:
 5852         (b) Notify the Department of Transportation, the Department
 5853  of Economic Opportunity Office of Tourism, Trade, and Economic
 5854  Development, the Department of Management Services, and any
 5855  other entity that compiles information for or develops maps or
 5856  markers for the state of the name change so that it may be
 5857  reflected on subsequent editions of any maps, informational
 5858  literature, or markers produced by those entities.
 5859         Section 123. Section 272.11, Florida Statutes, is amended
 5860  to read:
 5861         272.11 Capitol information center.—Enterprise Florida,
 5862  Inc., The Florida Commission on Tourism shall establish,
 5863  maintain, and operate a Capitol information center somewhere
 5864  within the area of the Capitol Center and employ personnel or
 5865  enter into contracts to maintain same.
 5866         Section 124. Paragraph (a) of subsection (4) of section
 5867  282.34, Florida Statutes, is amended to read:
 5868         282.34 Statewide e-mail service.—A state e-mail system that
 5869  includes the delivery and support of e-mail, messaging, and
 5870  calendaring capabilities is established as an enterprise
 5871  information technology service as defined in s. 282.0041. The
 5872  service shall be designed to meet the needs of all executive
 5873  branch agencies. The primary goals of the service are to
 5874  minimize the state investment required to establish, operate,
 5875  and support the statewide service; reduce the cost of current e
 5876  mail operations and the number of duplicative e-mail systems;
 5877  and eliminate the need for each state agency to maintain its own
 5878  e-mail staff.
 5879         (4) All agencies must be completely migrated to the
 5880  statewide e-mail service as soon as financially and
 5881  operationally feasible, but no later than June 30, 2015.
 5882         (a) The following statewide e-mail service implementation
 5883  schedule is established for state agencies:
 5884         1. Phase 1.—The following agencies must be completely
 5885  migrated to the statewide e-mail system by June 30, 2012: the
 5886  Agency for Enterprise Information Technology; the Department of
 5887  Community Affairs, including the Division of Emergency
 5888  Management; the Department of Corrections; the Department of
 5889  Health; the Department of Highway Safety and Motor Vehicles; the
 5890  Department of Management Services, including the Division of
 5891  Administrative Hearings, the Division of Retirement, the
 5892  Commission on Human Relations, and the Public Employees
 5893  Relations Commission; the Southwood Shared Resource Center; and
 5894  the Department of Revenue.
 5895         2. Phase 2.—The following agencies must be completely
 5896  migrated to the statewide e-mail system by June 30, 2013: the
 5897  Department of Business and Professional Regulation; the
 5898  Department of Education, including the Board of Governors; the
 5899  Department of Environmental Protection; the Department of
 5900  Juvenile Justice; the Department of the Lottery; the Department
 5901  of State; the Department of Law Enforcement; the Department of
 5902  Veterans’ Affairs; the Judicial Administration Commission; the
 5903  Public Service Commission; and the Statewide Guardian Ad Litem
 5904  Office.
 5905         3. Phase 3.—The following agencies must be completely
 5906  migrated to the statewide e-mail system by June 30, 2014: the
 5907  Agency for Health Care Administration; the Agency for Workforce
 5908  Innovation; the Department of Financial Services, including the
 5909  Office of Financial Regulation and the Office of Insurance
 5910  Regulation; the Department of Agriculture and Consumer Services;
 5911  the Executive Office of the Governor, including the Division of
 5912  Emergency Management; the Department of Transportation; the Fish
 5913  and Wildlife Conservation Commission; the Agency for Persons
 5914  With Disabilities; the Northwood Shared Resource Center; and the
 5915  State Board of Administration.
 5916         4. Phase 4.—The following agencies must be completely
 5917  migrated to the statewide e-mail system by June 30, 2015: the
 5918  Department of Children and Family Services; the Department of
 5919  Citrus; the Department of Elderly Affairs; the Department of
 5920  Economic Opportunity; and the Department of Legal Affairs.
 5921         Section 125. Paragraphs (a) and (d) of subsection (1) and
 5922  subsection (4) of section 282.709, Florida Statutes, are amended
 5923  to read:
 5924         282.709 State agency law enforcement radio system and
 5925  interoperability network.—
 5926         (1) The department may acquire and administer a statewide
 5927  radio communications system to serve law enforcement units of
 5928  state agencies, and to serve local law enforcement agencies
 5929  through mutual aid channels.
 5930         (a) The department shall, in conjunction with the
 5931  Department of Law Enforcement and the Division of Emergency
 5932  Management of the Department of Community Affairs, establish
 5933  policies, procedures, and standards to be incorporated into a
 5934  comprehensive management plan for the use and operation of the
 5935  statewide radio communications system.
 5936         (d) The department shall exercise its powers and duties
 5937  under this part to plan, manage, and administer the mutual aid
 5938  channels in the statewide radio communication system.
 5939         1. In implementing such powers and duties, the department
 5940  shall consult and act in conjunction with the Department of Law
 5941  Enforcement and the Division of Emergency Management of the
 5942  Department of Community Affairs, and shall manage and administer
 5943  the mutual aid channels in a manner that reasonably addresses
 5944  the needs and concerns of the involved law enforcement agencies
 5945  and emergency response agencies and entities.
 5946         2. The department may make the mutual aid channels
 5947  available to federal agencies, state agencies, and agencies of
 5948  the political subdivisions of the state for the purpose of
 5949  public safety and domestic security.
 5950         (4) The department may create and administer an
 5951  interoperability network to enable interoperability between
 5952  various radio communications technologies and to serve federal
 5953  agencies, state agencies, and agencies of political subdivisions
 5954  of the state for the purpose of public safety and domestic
 5955  security.
 5956         (a) The department shall, in conjunction with the
 5957  Department of Law Enforcement and the Division of Emergency
 5958  Management of the Department of Community Affairs, exercise its
 5959  powers and duties pursuant to this chapter to plan, manage, and
 5960  administer the interoperability network. The office may:
 5961         1. Enter into mutual aid agreements among federal agencies,
 5962  state agencies, and political subdivisions of the state for the
 5963  use of the interoperability network.
 5964         2. Establish the cost of maintenance and operation of the
 5965  interoperability network and charge subscribing federal and
 5966  local law enforcement agencies for access and use of the
 5967  network. The department may not charge state law enforcement
 5968  agencies identified in paragraph (2)(a) to use the network.
 5969         3. In consultation with the Department of Law Enforcement
 5970  and the Division of Emergency Management of the Department of
 5971  Community Affairs, amend and enhance the statewide radio
 5972  communications system as necessary to implement the
 5973  interoperability network.
 5974         (b) The department, in consultation with the Joint Task
 5975  Force on State Agency Law Enforcement Communications, and in
 5976  conjunction with the Department of Law Enforcement and the
 5977  Division of Emergency Management of the Department of Community
 5978  Affairs, shall establish policies, procedures, and standards to
 5979  incorporate into a comprehensive management plan for the use and
 5980  operation of the interoperability network.
 5981         Section 126. Subsection (2) of section 287.0931, Florida
 5982  Statutes, is amended to read:
 5983         287.0931 Minority business enterprises; participation in
 5984  bond underwriting.—
 5985         (2) To meet such participation requirement, the minority
 5986  firm must have full-time employees located in this state, must
 5987  have a permanent place of business located in this state, and
 5988  must be a firm which is at least 51-percent-owned by minority
 5989  persons as defined in s. 288.703(3). However, for the purpose of
 5990  bond underwriting only, the requirement that the minority person
 5991  be a permanent resident of this state does shall not apply.
 5992         Section 127. Paragraph (e) of subsection (2) of section
 5993  287.0943, Florida Statutes, is amended to read:
 5994         287.0943 Certification of minority business enterprises.—
 5995         (2)
 5996         (e) In assessing the status of ownership and control,
 5997  certification criteria shall, at a minimum:
 5998         1. Link ownership by a minority person, as defined in s.
 5999  288.703(3), or as dictated by the legal obligations of a
 6000  certifying organization, to day-to-day control and financial
 6001  risk by the qualifying minority owner, and to demonstrated
 6002  expertise or licensure of a minority owner in any trade or
 6003  profession that the minority business enterprise will offer to
 6004  the state when certified. Businesses must comply with all state
 6005  licensing requirements before prior to becoming certified as a
 6006  minority business enterprise.
 6007         2. If present ownership was obtained by transfer, require
 6008  the minority person on whom eligibility is based to have owned
 6009  at least 51 percent of the applicant firm for a minimum of 2
 6010  years, when any previous majority ownership interest in the firm
 6011  was by a nonminority who is or was a relative, former employer,
 6012  or current employer of the minority person on whom eligibility
 6013  is based. This requirement does shall not apply to minority
 6014  persons who are otherwise eligible who take a 51-percent-or
 6015  greater interest in a firm that requires professional licensure
 6016  to operate and who will be the qualifying licenseholder for the
 6017  firm when certified. A transfer made within a related immediate
 6018  family group from a nonminority person to a minority person in
 6019  order to establish ownership by a minority person shall be
 6020  deemed to have been made solely for purposes of satisfying
 6021  certification criteria and shall render such ownership invalid
 6022  for purposes of qualifying for such certification if the
 6023  combined total net asset value of all members of such family
 6024  group exceeds $1 million. For purposes of this subparagraph, the
 6025  term “related immediate family group” means one or more children
 6026  under 16 years of age and a parent of such children or the
 6027  spouse of such parent residing in the same house or living unit.
 6028         3. Require that prospective certified minority business
 6029  enterprises be currently performing or seeking to perform a
 6030  useful business function. A “useful business function” is
 6031  defined as a business function which results in the provision of
 6032  materials, supplies, equipment, or services to customers. Acting
 6033  as a conduit to transfer funds to a nonminority business does
 6034  not constitute a useful business function unless it is done so
 6035  in a normal industry practice. As used in this section, the term
 6036  “acting as a conduit” means, in part, not acting as a regular
 6037  dealer by making sales of material, goods, or supplies from
 6038  items bought, kept in stock, and regularly sold to the public in
 6039  the usual course of business. Brokers, manufacturer’s
 6040  representatives, sales representatives, and nonstocking
 6041  distributors are considered as conduits that do not perform a
 6042  useful business function, unless normal industry practice
 6043  dictates.
 6044         Section 128. Paragraph (n) of subsection (4) of section
 6045  287.09451, Florida Statutes, is amended to read:
 6046         287.09451 Office of Supplier Diversity; powers, duties, and
 6047  functions.—
 6048         (4) The Office of Supplier Diversity shall have the
 6049  following powers, duties, and functions:
 6050         (n)1. To develop procedures to be used by an agency in
 6051  identifying commodities, contractual services, architectural and
 6052  engineering services, and construction contracts, except those
 6053  architectural, engineering, construction, or other related
 6054  services or contracts subject to the provisions of chapter 339,
 6055  that could be provided by minority business enterprises. Each
 6056  agency is encouraged to spend 21 percent of the moneys actually
 6057  expended for construction contracts, 25 percent of the moneys
 6058  actually expended for architectural and engineering contracts,
 6059  24 percent of the moneys actually expended for commodities, and
 6060  50.5 percent of the moneys actually expended for contractual
 6061  services during the previous fiscal year, except for the state
 6062  university construction program which shall be based upon public
 6063  education capital outlay projections for the subsequent fiscal
 6064  year, and reported to the Legislature pursuant to s. 216.023,
 6065  for the purpose of entering into contracts with certified
 6066  minority business enterprises as defined in s. 288.703(2), or
 6067  approved joint ventures. However, in the event of budget
 6068  reductions pursuant to s. 216.221, the base amounts may be
 6069  adjusted to reflect such reductions. The overall spending goal
 6070  for each industry category shall be subdivided as follows:
 6071         a. For construction contracts: 4 percent for black
 6072  Americans, 6 percent for Hispanic-Americans, and 11 percent for
 6073  American women.
 6074         b. For architectural and engineering contracts: 9 percent
 6075  for Hispanic-Americans, 1 percent for Asian-Americans, and 15
 6076  percent for American women.
 6077         c. For commodities: 2 percent for black Americans, 4
 6078  percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
 6079  0.5 percent for Native Americans, and 17 percent for American
 6080  women.
 6081         d. For contractual services: 6 percent for black Americans,
 6082  7 percent for Hispanic-Americans, 1 percent for Asian-Americans,
 6083  0.5 percent for Native Americans, and 36 percent for American
 6084  women.
 6085         2. For the purposes of commodities contracts for the
 6086  purchase of equipment to be used in the construction and
 6087  maintenance of state transportation facilities involving the
 6088  Department of Transportation, the terms “minority business
 6089  enterprise” and has the same meaning as provided in s. 288.703.
 6090  “minority person” have has the same meanings meaning as provided
 6091  in s. 288.703(3). In order to ensure that the goals established
 6092  under this paragraph for contracting with certified minority
 6093  business enterprises are met, the department, with the
 6094  assistance of the Office of Supplier Diversity, shall make
 6095  recommendations to the Legislature on revisions to the goals,
 6096  based on an updated statistical analysis, at least once every 5
 6097  years. Such recommendations shall be based on statistical data
 6098  indicating the availability of and disparity in the use of
 6099  minority businesses contracting with the state. The results of
 6100  the first updated disparity study must be presented to the
 6101  Legislature no later than December 1, 1996.
 6102         3. In determining the base amounts for assessing compliance
 6103  with this paragraph, the Office of Supplier Diversity may
 6104  develop, by rule, guidelines for all agencies to use in
 6105  establishing such base amounts. These rules must include, but
 6106  are not limited to, guidelines for calculation of base amounts,
 6107  a deadline for the agencies to submit base amounts, a deadline
 6108  for approval of the base amounts by the Office of Supplier
 6109  Diversity, and procedures for adjusting the base amounts as a
 6110  result of budget reductions made pursuant to s. 216.221.
 6111         4. To determine guidelines for the use of price
 6112  preferences, weighted preference formulas, or other preferences,
 6113  as appropriate to the particular industry or trade, to increase
 6114  the participation of minority businesses in state contracting.
 6115  These guidelines shall include consideration of:
 6116         a. Size and complexity of the project.
 6117         b. The concentration of transactions with minority business
 6118  enterprises for the commodity or contractual services in
 6119  question in prior agency contracting.
 6120         c. The specificity and definition of work allocated to
 6121  participating minority business enterprises.
 6122         d. The capacity of participating minority business
 6123  enterprises to complete the tasks identified in the project.
 6124         e. The available pool of minority business enterprises as
 6125  prime contractors, either alone or as partners in an approved
 6126  joint venture that serves as the prime contractor.
 6127         5. To determine guidelines for use of joint ventures to
 6128  meet minority business enterprises spending goals. For purposes
 6129  of this section, “joint venture” means any association of two or
 6130  more business concerns to carry out a single business enterprise
 6131  for profit, for which purpose they combine their property,
 6132  capital, efforts, skills, and knowledge. The guidelines shall
 6133  allow transactions with joint ventures to be eligible for credit
 6134  against the minority business enterprise goals of an agency when
 6135  the contracting joint venture demonstrates that at least one
 6136  partner to the joint venture is a certified minority business
 6137  enterprise as defined in s. 288.703, and that such partner is
 6138  responsible for a clearly defined portion of the work to be
 6139  performed, and shares in the ownership, control, management,
 6140  responsibilities, risks, and profits of the joint venture. Such
 6141  demonstration shall be by verifiable documents and sworn
 6142  statements and may be reviewed by the Office of Supplier
 6143  Diversity at or before the time a contract bid, proposal, or
 6144  reply is submitted. An agency may count toward its minority
 6145  business enterprise goals a portion of the total dollar amount
 6146  of a contract equal to the percentage of the ownership and
 6147  control held by the qualifying certified minority business
 6148  partners in the contracting joint venture, so long as the joint
 6149  venture meets the guidelines adopted by the office.
 6150         Section 129. Subsections (1) and (5) of section 287.0947,
 6151  Florida Statutes, are amended to read:
 6152         287.0947 Florida Advisory Council on Small and Minority
 6153  Business Development; creation; membership; duties.—
 6154         (1) On or after October 1, 1996, The Secretary of
 6155  Management Services the Department of Labor and Employment
 6156  Security may create the Florida Advisory Council on Small and
 6157  Minority Business Development with the purpose of advising and
 6158  assisting the secretary in carrying out the secretary’s duties
 6159  with respect to minority businesses and economic and business
 6160  development. It is the intent of the Legislature that the
 6161  membership of such council include practitioners, laypersons,
 6162  financiers, and others with business development experience who
 6163  can provide invaluable insight and expertise for this state in
 6164  the diversification of its markets and networking of business
 6165  opportunities. The council shall initially consist of 19
 6166  persons, each of whom is or has been actively engaged in small
 6167  and minority business development, either in private industry,
 6168  in governmental service, or as a scholar of recognized
 6169  achievement in the study of such matters. Initially, the council
 6170  shall consist of members representing all regions of the state
 6171  and shall include at least one member from each group identified
 6172  within the definition of “minority person” in s. 288.703(3),
 6173  considering also gender and nationality subgroups, and shall
 6174  consist of the following:
 6175         (a) Four members consisting of representatives of local and
 6176  federal small and minority business assistance programs or
 6177  community development programs.
 6178         (b) Eight members composed of representatives of the
 6179  minority private business sector, including certified minority
 6180  business enterprises and minority supplier development councils,
 6181  among whom at least two shall be women and at least four shall
 6182  be minority persons.
 6183         (c) Two representatives of local government, one of whom
 6184  shall be a representative of a large local government, and one
 6185  of whom shall be a representative of a small local government.
 6186         (d) Two representatives from the banking and insurance
 6187  industry.
 6188         (e) Two members from the private business sector,
 6189  representing the construction and commodities industries.
 6190         (f) A member from the board of directors of Enterprise
 6191  Florida, Inc The chairperson of the Florida Black Business
 6192  Investment Board or the chairperson’s designee.
 6193  
 6194  A candidate for appointment may be considered if eligible to be
 6195  certified as an owner of a minority business enterprise, or if
 6196  otherwise qualified under the criteria above. Vacancies may be
 6197  filled by appointment of the secretary, in the manner of the
 6198  original appointment.
 6199         (5) The powers and duties of the council include, but are
 6200  not limited to: researching and reviewing the role of small and
 6201  minority businesses in the state’s economy; reviewing issues and
 6202  emerging topics relating to small and minority business economic
 6203  development; studying the ability of financial markets and
 6204  institutions to meet small business credit needs and determining
 6205  the impact of government demands on credit for small businesses;
 6206  assessing the implementation of s. 187.201(21) 187.201(22),
 6207  requiring a state economic development comprehensive plan, as it
 6208  relates to small and minority businesses; assessing the
 6209  reasonableness and effectiveness of efforts by any state agency
 6210  or by all state agencies collectively to assist minority
 6211  business enterprises; and advising the Governor, the secretary,
 6212  and the Legislature on matters relating to small and minority
 6213  business development which are of importance to the
 6214  international strategic planning and activities of this state.
 6215         Section 130. Section 288.012, Florida Statutes, is amended
 6216  to read:
 6217         288.012 State of Florida international foreign offices;
 6218  state protocol officer; protocol manual.—The Legislature finds
 6219  that the expansion of international trade and tourism is vital
 6220  to the overall health and growth of the economy of this state.
 6221  This expansion is hampered by the lack of technical and business
 6222  assistance, financial assistance, and information services for
 6223  businesses in this state. The Legislature finds that these
 6224  businesses could be assisted by providing these services at
 6225  State of Florida international foreign offices. The Legislature
 6226  further finds that the accessibility and provision of services
 6227  at these offices can be enhanced through cooperative agreements
 6228  or strategic alliances between private businesses and state
 6229  entities, local entities, and international governmental foreign
 6230  entities, and private businesses.
 6231         (1) The department Office of Tourism, Trade, and Economic
 6232  Development is authorized to:
 6233         (a) Establish and operate offices in other foreign
 6234  countries for the purpose of promoting the trade and economic
 6235  development opportunities of the state, and promoting the
 6236  gathering of trade data information and research on trade
 6237  opportunities in specific countries.
 6238         (b) Enter into agreements with governmental and private
 6239  sector entities to establish and operate offices in other
 6240  foreign countries which contain containing provisions that which
 6241  may be in conflict with the general laws of the state pertaining
 6242  to the purchase of office space, employment of personnel, and
 6243  contracts for services. When agreements pursuant to this section
 6244  are made which set compensation in another country’s foreign
 6245  currency, such agreements shall be subject to the requirements
 6246  of s. 215.425, but the purchase of another country’s foreign
 6247  currency by the department Office of Tourism, Trade, and
 6248  Economic Development to meet such obligations shall be subject
 6249  only to s. 216.311.
 6250         (2) Each international foreign office shall have in place
 6251  an operational plan approved by the participating boards or
 6252  other governing authority, a copy of which shall be provided to
 6253  the department Office of Tourism, Trade, and Economic
 6254  Development. These operating plans shall be reviewed and updated
 6255  each fiscal year and shall include, at a minimum, the following:
 6256         (a) Specific policies and procedures encompassing the
 6257  entire scope of the operation and management of each office.
 6258         (b) A comprehensive, commercial strategic plan identifying
 6259  marketing opportunities and industry sector priorities for the
 6260  foreign country or area in which an international a foreign
 6261  office is located.
 6262         (c) Provisions for access to information for Florida
 6263  businesses related to through the Florida Trade Data Center.
 6264  Each foreign office shall obtain and forward trade leads and
 6265  inquiries to the center on a regular basis.
 6266         (d) Identification of new and emerging market opportunities
 6267  for Florida businesses. Each foreign office shall provide the
 6268  Florida Trade Data Center with a compilation of foreign buyers
 6269  and importers in industry sector priority areas on an annual
 6270  basis. In return, the Florida Trade Data Center shall make
 6271  available to each foreign office, and to Enterprise Florida,
 6272  Inc., the Florida Commission on Tourism, the Florida Ports
 6273  Council, the Department of State, the Department of Citrus, and
 6274  the Department of Agriculture and Consumer Services, trade
 6275  industry, commodity, and opportunity information. This
 6276  information shall be provided to such offices and entities
 6277  either free of charge or on a fee basis with fees set only to
 6278  recover the costs of providing the information.
 6279         (e) Provision of access for Florida businesses to the
 6280  services of the Florida Trade Data Center, international trade
 6281  assistance services provided by state and local entities,
 6282  seaport and airport information, and other services identified
 6283  by the department Office of Tourism, Trade, and Economic
 6284  Development.
 6285         (f) Qualitative and quantitative performance measures for
 6286  each office, including, but not limited to, the number of
 6287  businesses assisted, the number of trade leads and inquiries
 6288  generated, the number of international foreign buyers and
 6289  importers contacted, and the amount and type of marketing
 6290  conducted.
 6291         (3) By October 1 of each year, each international foreign
 6292  office shall submit to the department Office of Tourism, Trade,
 6293  and Economic Development a complete and detailed report on its
 6294  activities and accomplishments during the preceding fiscal year.
 6295  In a format provided by Enterprise Florida, Inc., the report
 6296  must set forth information on:
 6297         (a) The number of Florida companies assisted.
 6298         (b) The number of inquiries received about investment
 6299  opportunities in this state.
 6300         (c) The number of trade leads generated.
 6301         (d) The number of investment projects announced.
 6302         (e) The estimated U.S. dollar value of sales confirmations.
 6303         (f) The number of representation agreements.
 6304         (g) The number of company consultations.
 6305         (h) Barriers or other issues affecting the effective
 6306  operation of the office.
 6307         (i) Changes in office operations which are planned for the
 6308  current fiscal year.
 6309         (j) Marketing activities conducted.
 6310         (k) Strategic alliances formed with organizations in the
 6311  country in which the office is located.
 6312         (l) Activities conducted with Florida’s other Florida
 6313  international foreign offices.
 6314         (m) Any other information that the office believes would
 6315  contribute to an understanding of its activities.
 6316         (4) The Department of Economic Opportunity Office of
 6317  Tourism, Trade, and Economic Development, in connection with the
 6318  establishment, operation, and management of any of its offices
 6319  located in another a foreign country, is exempt from the
 6320  provisions of ss. 255.21, 255.25, and 255.254 relating to
 6321  leasing of buildings; ss. 283.33 and 283.35 relating to bids for
 6322  printing; ss. 287.001-287.20 relating to purchasing and motor
 6323  vehicles; and ss. 282.003-282.0056 and 282.702-282.7101 relating
 6324  to communications, and from all statutory provisions relating to
 6325  state employment.
 6326         (a) The department Office of Tourism, Trade, and Economic
 6327  Development may exercise such exemptions only upon prior
 6328  approval of the Governor.
 6329         (b) If approval for an exemption under this section is
 6330  granted as an integral part of a plan of operation for a
 6331  specified international foreign office, such action shall
 6332  constitute continuing authority for the department Office of
 6333  Tourism, Trade, and Economic Development to exercise the
 6334  exemption, but only in the context and upon the terms originally
 6335  granted. Any modification of the approved plan of operation with
 6336  respect to an exemption contained therein must be resubmitted to
 6337  the Governor for his or her approval. An approval granted to
 6338  exercise an exemption in any other context shall be restricted
 6339  to the specific instance for which the exemption is to be
 6340  exercised.
 6341         (c) As used in this subsection, the term “plan of
 6342  operation” means the plan developed pursuant to subsection (2).
 6343         (d) Upon final action by the Governor with respect to a
 6344  request to exercise the exemption authorized in this subsection,
 6345  the department Office of Tourism, Trade, and Economic
 6346  Development shall report such action, along with the original
 6347  request and any modifications thereto, to the President of the
 6348  Senate and the Speaker of the House of Representatives within 30
 6349  days.
 6350         (5) Where feasible and appropriate, international and
 6351  subject to s. 288.1224(9), foreign offices established and
 6352  operated under this section may provide one-stop access to the
 6353  economic development, trade, and tourism information, services,
 6354  and programs of the state. Where feasible and appropriate, and
 6355  subject to s. 288.1224(9), such offices may also be collocated
 6356  with other international foreign offices of the state.
 6357         (6) The department Office of Tourism, Trade, and Economic
 6358  Development is authorized to make and to enter into contracts
 6359  with Enterprise Florida, Inc., and the Florida Commission on
 6360  Tourism to carry out the provisions of this section. The
 6361  authority, duties, and exemptions provided in this section apply
 6362  to Enterprise Florida, Inc., and the Florida Commission on
 6363  Tourism to the same degree and subject to the same conditions as
 6364  applied to the department Office of Tourism, Trade, and Economic
 6365  Development. To the greatest extent possible, such contracts
 6366  shall include provisions for cooperative agreements or strategic
 6367  alliances between private businesses and state entities,
 6368  international, foreign entities, and local governmental
 6369  entities, and private businesses to operate international
 6370  foreign offices.
 6371         (7)The Governor may designate a state protocol officer.
 6372  The state protocol officer shall be housed within the Executive
 6373  Office of the Governor. In consultation with the Governor and
 6374  other governmental officials, the state protocol officer shall
 6375  develop, maintain, publish, and distribute the state protocol
 6376  manual.
 6377         Section 131. Subsections (1) and (3) of section 288.017,
 6378  Florida Statutes, are amended to read:
 6379         288.017 Cooperative advertising matching grants program.—
 6380         (1) Enterprise Florida, Inc., The Florida Commission on
 6381  Tourism is authorized to establish a cooperative advertising
 6382  matching grants program and, pursuant thereto, to make
 6383  expenditures and enter into contracts with local governments and
 6384  nonprofit corporations for the purpose of publicizing the
 6385  tourism advantages of the state. The department Office of
 6386  Tourism, Trade, and Economic Development, based on
 6387  recommendations from Enterprise Florida, Inc., the Florida
 6388  Commission on Tourism, shall have final approval of grants
 6389  awarded through this program. Enterprise Florida, Inc., The
 6390  commission may contract with its direct-support organization to
 6391  administer the program.
 6392         (3) Enterprise Florida, Inc., The Florida Commission on
 6393  Tourism shall conduct an annual competitive selection process
 6394  for the award of grants under the program. In determining its
 6395  recommendations for the grant awards, the commission shall
 6396  consider the demonstrated need of the applicant for advertising
 6397  assistance, the feasibility and projected benefit of the
 6398  applicant’s proposal, the amount of nonstate funds that will be
 6399  leveraged, and such other criteria as the commission deems
 6400  appropriate. In evaluating grant applications, the department
 6401  Office shall consider recommendations from Enterprise Florida,
 6402  Inc. the Florida Commission on Tourism. The department Office,
 6403  however, has final approval authority for any grant under this
 6404  section.
 6405         Section 132. Section 288.018, Florida Statutes, is amended
 6406  to read:
 6407         288.018 Regional Rural Development Grants Program.—
 6408         (1) The department Office of Tourism, Trade, and Economic
 6409  Development shall establish a matching grant program to provide
 6410  funding to regionally based economic development organizations
 6411  representing rural counties and communities for the purpose of
 6412  building the professional capacity of their organizations. Such
 6413  matching grants may also be used by an economic development
 6414  organization to provide technical assistance to businesses
 6415  within the rural counties and communities that it serves. The
 6416  department Office of Tourism, Trade, and Economic Development is
 6417  authorized to approve, on an annual basis, grants to such
 6418  regionally based economic development organizations. The maximum
 6419  amount an organization may receive in any year will be $35,000,
 6420  or $100,000 in a rural area of critical economic concern
 6421  recommended by the Rural Economic Development Initiative and
 6422  designated by the Governor, and must be matched each year by an
 6423  equivalent amount of nonstate resources.
 6424         (2) In approving the participants, the department Office of
 6425  Tourism, Trade, and Economic Development shall consider the
 6426  demonstrated need of the applicant for assistance and require
 6427  the following:
 6428         (a) Documentation of official commitments of support from
 6429  each of the units of local government represented by the
 6430  regional organization.
 6431         (b) Demonstration that each unit of local government has
 6432  made a financial or in-kind commitment to the regional
 6433  organization.
 6434         (c) Demonstration that the private sector has made
 6435  financial or in-kind commitments to the regional organization.
 6436         (d) Demonstration that the organization is in existence and
 6437  actively involved in economic development activities serving the
 6438  region.
 6439         (e) Demonstration of the manner in which the organization
 6440  is or will coordinate its efforts with those of other local and
 6441  state organizations.
 6442         (3) The department Office of Tourism, Trade, and Economic
 6443  Development may also contract for the development of an
 6444  enterprise zone web portal or websites for each enterprise zone
 6445  which will be used to market the program for job creation in
 6446  disadvantaged urban and rural enterprise zones. Each enterprise
 6447  zone web page should include downloadable links to state forms
 6448  and information, as well as local message boards that help
 6449  businesses and residents receive information concerning zone
 6450  boundaries, job openings, zone programs, and neighborhood
 6451  improvement activities.
 6452         (4) The department Office of Tourism, Trade, and Economic
 6453  Development may expend up to $750,000 each fiscal year from
 6454  funds appropriated to the Rural Community Development Revolving
 6455  Loan Fund for the purposes outlined in this section. The
 6456  department Office of Tourism, Trade, and Economic Development
 6457  may contract with Enterprise Florida, Inc., for the
 6458  administration of the purposes specified in this section. Funds
 6459  released to Enterprise Florida, Inc., for this purpose shall be
 6460  released quarterly and shall be calculated based on the
 6461  applications in process.
 6462         Section 133. Subsection (4) of section 288.019, Florida
 6463  Statutes, is amended to read:
 6464         288.019 Rural considerations in grant review and evaluation
 6465  processes.—Notwithstanding any other law, and to the fullest
 6466  extent possible, the member agencies and organizations of the
 6467  Rural Economic Development Initiative (REDI) as defined in s.
 6468  288.0656(6)(a) shall review all grant and loan application
 6469  evaluation criteria to ensure the fullest access for rural
 6470  counties as defined in s. 288.0656(2) to resources available
 6471  throughout the state.
 6472         (4) For existing programs, the modified evaluation criteria
 6473  and scoring procedure must be delivered to the department Office
 6474  of Tourism, Trade, and Economic Development for distribution to
 6475  the REDI agencies and organizations. The REDI agencies and
 6476  organizations shall review and make comments. Future rules,
 6477  programs, evaluation criteria, and scoring processes must be
 6478  brought before a REDI meeting for review, discussion, and
 6479  recommendation to allow rural counties fuller access to the
 6480  state’s resources.
 6481         Section 134. Subsection (1) of section 288.021, Florida
 6482  Statutes, is amended to read:
 6483         288.021 Economic development liaison.—
 6484         (1) The heads of the Department of Transportation, the
 6485  Department of Environmental Protection and an additional member
 6486  appointed by the secretary of the department, the Department of
 6487  Labor and Employment Security, the Department of Education, the
 6488  Department of Community Affairs, the Department of Management
 6489  Services, the Department of Revenue, the Fish and Wildlife
 6490  Conservation Commission, each water management district, and
 6491  each Department of Transportation District office shall
 6492  designate a high-level staff member from within such agency to
 6493  serve as the economic development liaison for the agency. This
 6494  person shall report to the agency head and have general
 6495  knowledge both of the state’s permitting and other regulatory
 6496  functions and of the state’s economic goals, policies, and
 6497  programs. This person shall also be the primary point of contact
 6498  for the agency with the department Office of Tourism, Trade, and
 6499  Economic Development on issues and projects important to the
 6500  economic development of Florida, including its rural areas, to
 6501  expedite project review, to ensure a prompt, effective response
 6502  to problems arising with regard to permitting and regulatory
 6503  functions, and to work closely with the other economic
 6504  development liaisons to resolve interagency conflicts.
 6505         Section 135. Section 288.0251, Florida Statutes, is amended
 6506  to read:
 6507         288.0251 International development outreach activities in
 6508  Latin America and Caribbean Basin.—The department Office of
 6509  Tourism, Trade, and Economic Development may contract for the
 6510  implementation of Florida’s international volunteer corps to
 6511  provide short-term training and technical assistance activities
 6512  in Latin America and the Caribbean Basin. The entity contracted
 6513  under this section must require that such activities be
 6514  conducted by qualified volunteers who are citizens of the state.
 6515  The contracting agency must have a statewide focus and
 6516  experience in coordinating international volunteer programs.
 6517         Section 136. Subsection (1) of section 288.035, Florida
 6518  Statutes, is amended to read:
 6519         288.035 Economic development activities.—
 6520         (1) The Florida Public Service Commission may authorize
 6521  public utilities to recover reasonable economic development
 6522  expenses. For purposes of this section, recoverable “economic
 6523  development expenses” are those expenses described in subsection
 6524  (2) which are consistent with criteria to be established by
 6525  rules adopted by the department of Commerce as of June 30, 1996,
 6526  or as those criteria are later modified by the Office of
 6527  Tourism, Trade, and Economic Development.
 6528         Section 137. Section 288.037, Florida Statutes, is amended
 6529  to read:
 6530         288.037 Department of State; agreement with county tax
 6531  collector.—In order to further the economic development goals of
 6532  the state, and notwithstanding any law to the contrary, the
 6533  Department of State may enter into an agreement with the county
 6534  tax collector for the purpose of appointing the county tax
 6535  collector as the Department of State’s department’s agent to
 6536  accept applications for licenses or other similar registrations
 6537  and applications for renewals of licenses or other similar
 6538  registrations. The agreement must specify the time within which
 6539  the tax collector must forward any applications and accompanying
 6540  application fees to the Department of State.
 6541         Section 138. Subsection (3) of section 288.041, Florida
 6542  Statutes, is amended to read:
 6543         288.041 Solar energy industry; legislative findings and
 6544  policy; promotional activities.—
 6545         (3) By January 15 of each year, the Department of
 6546  Environmental Protection shall report to the Governor, the
 6547  President of the Senate, and the Speaker of the House of
 6548  Representatives on the impact of the solar energy industry on
 6549  the economy of this state and shall make any recommendations on
 6550  initiatives to further promote the solar energy industry as the
 6551  Department of Environmental Protection deems appropriate.
 6552         Section 139. Subsections (9) and (10) of section 288.047,
 6553  Florida Statutes, are amended to read:
 6554         288.047 Quick-response training for economic development.—
 6555         (9) Notwithstanding any other provision of law, eligible
 6556  matching contributions received under the Quick-Response
 6557  Training Program under this section may be counted toward the
 6558  private sector support of Enterprise Florida, Inc., under s.
 6559  288.904 s. 288.90151(5)(d).
 6560         (10) Workforce Florida, Inc., and Enterprise Florida, Inc.,
 6561  shall ensure maximum coordination and cooperation in
 6562  administering this section, in such a manner that any division
 6563  of responsibility between the two organizations which relates to
 6564  marketing or administering the Quick-Response Training Program
 6565  is not apparent to a business that inquires about or applies for
 6566  funding under this section. The organizations shall provide such
 6567  A business shall be provided with a single point of contact for
 6568  information and assistance.
 6569         Section 140. Section 288.063, Florida Statutes, is amended
 6570  to read:
 6571         288.063 Contracts for transportation projects.—
 6572         (1) The Department of Economic Opportunity may Office of
 6573  Tourism, Trade, and Economic Development is authorized to make,
 6574  and based on a recommendation from Enterprise Florida, Inc., to
 6575  approve, expenditures and enter into contracts for direct costs
 6576  of transportation projects with the appropriate governmental
 6577  body. Each application shall be reviewed and certified pursuant
 6578  to s. 288.061. The Department of Economic Opportunity Office of
 6579  Tourism, Trade, and Economic Development shall provide the
 6580  Department of Transportation, and the Department of
 6581  Environmental Protection, and the Department of Community
 6582  Affairs with an opportunity to formally review and comment on
 6583  recommended transportation projects, although the Department of
 6584  Economic Opportunity Office of Tourism, Trade, and Economic
 6585  Development has final approval authority for any project under
 6586  this section.
 6587         (2) Any contract with a governmental body for construction
 6588  of any transportation project executed by the Department of
 6589  Economic Opportunity Office of Tourism, Trade, and Economic
 6590  Development shall:
 6591         (a) Specify and identify the transportation project to be
 6592  constructed for a new or expanding business and the number of
 6593  full-time permanent jobs that will result from the project.
 6594         (b) Require that the appropriate governmental body award
 6595  the construction of the particular transportation project to the
 6596  lowest and best bidder in accordance with applicable state and
 6597  federal statutes or regulations unless the project can be
 6598  constructed with existing local government employees within the
 6599  contract period specified by the Department of Economic
 6600  Opportunity Office of Tourism, Trade, and Economic Development.
 6601         (c) Require that the appropriate governmental body provide
 6602  the department Office of Tourism, Trade, and Economic
 6603  Development with quarterly progress reports. Each quarterly
 6604  progress report shall contain a narrative description of the
 6605  work completed according to the project schedule, a description
 6606  of any change orders executed by the appropriate governmental
 6607  body, a budget summary detailing planned expenditures versus
 6608  actual expenditures, and identification of minority business
 6609  enterprises used as contractors and subcontractors. Records of
 6610  all progress payments made for work in connection with such
 6611  transportation projects, and any change orders executed by the
 6612  appropriate governmental body and payments made pursuant to such
 6613  orders, shall be maintained by that governmental body in
 6614  accordance with accepted governmental accounting principles and
 6615  practices and shall be subject to financial audit as required by
 6616  law. In addition, the appropriate governmental body, upon
 6617  completion and acceptance of the transportation project, shall
 6618  make certification to the department Office of Tourism, Trade,
 6619  and Economic Development that the project has been completed in
 6620  compliance with the terms and conditions of the contractual
 6621  agreements between the department Office of Tourism, Trade, and
 6622  Economic Development and the appropriate governmental body and
 6623  meets minimum construction standards established in accordance
 6624  with s. 336.045.
 6625         (d) Specify that the department Office of Tourism, Trade,
 6626  and Economic Development shall transfer funds upon receipt of a
 6627  request for funds from the local government, on no more than a
 6628  quarterly basis, consistent with project needs. A contract
 6629  totaling less than $200,000 is exempt from this transfer
 6630  requirement. The department may Office of Tourism, Trade, and
 6631  Economic Development shall not transfer any funds unless
 6632  construction has begun on the facility of the business on whose
 6633  behalf the award was made. Local governments shall expend funds
 6634  in a timely manner.
 6635         (e) Require that program funds be used only on those
 6636  transportation projects that have been properly reviewed and
 6637  approved in accordance with the criteria set forth in this
 6638  section.
 6639         (f) Require that the governing board of the appropriate
 6640  local governmental body agree by resolution to accept future
 6641  maintenance and other attendant costs occurring after completion
 6642  of the transportation project if the project is construction on
 6643  a county or municipal system.
 6644         (3) With respect to any contract executed pursuant to this
 6645  section, the term “transportation project” means a
 6646  transportation facility as defined in s. 334.03(31) which is
 6647  necessary in the judgment of the department Office of Tourism,
 6648  Trade, and Economic Development to facilitate the economic
 6649  development and growth of the state. Except for applications
 6650  received prior to July 1, 1996, Such transportation projects
 6651  shall be approved only as a consideration to attract new
 6652  employment opportunities to the state or expand or retain
 6653  employment in existing companies operating within the state, or
 6654  to allow for the construction or expansion of a state or federal
 6655  correctional facility in a county with a population of 75,000 or
 6656  less that creates new employment opportunities or expands or
 6657  retains employment in the county. The department Office of
 6658  Tourism, Trade, and Economic Development shall institute
 6659  procedures to ensure that small and minority businesses have
 6660  equal access to funding provided under this section. Funding for
 6661  approved transportation projects may include any expenses, other
 6662  than administrative costs and equipment purchases specified in
 6663  the contract, necessary for new, or improvement to existing,
 6664  transportation facilities. Funds made available pursuant to this
 6665  section may not be expended in connection with the relocation of
 6666  a business from one community to another community in this state
 6667  unless the department Office of Tourism, Trade, and Economic
 6668  Development determines that without such relocation the business
 6669  will move outside this state or determines that the business has
 6670  a compelling economic rationale for the relocation which creates
 6671  additional jobs. Subject to appropriation for projects under
 6672  this section, any appropriation greater than $10 million shall
 6673  be allocated to each of the districts of the Department of
 6674  Transportation to ensure equitable geographical distribution.
 6675  Such allocated funds that remain uncommitted by the third
 6676  quarter of the fiscal year shall be reallocated among the
 6677  districts based on pending project requests.
 6678         (4) The Department of Economic Opportunity Office of
 6679  Tourism, Trade, and Economic Development may adopt criteria by
 6680  which transportation projects are to be reviewed and certified
 6681  in accordance with s. 288.061. In approving transportation
 6682  projects for funding, the Department of Economic Opportunity
 6683  Office of Tourism, Trade, and Economic Development shall
 6684  consider factors including, but not limited to, the cost per job
 6685  created or retained considering the amount of transportation
 6686  funds requested; the average hourly rate of wages for jobs
 6687  created; the reliance on the program as an inducement for the
 6688  project’s location decision; the amount of capital investment to
 6689  be made by the business; the demonstrated local commitment; the
 6690  location of the project in an enterprise zone designated
 6691  pursuant to s. 290.0055; the location of the project in a
 6692  spaceport territory as defined in s. 331.304; the unemployment
 6693  rate of the surrounding area; the poverty rate of the community;
 6694  and the adoption of an economic element as part of its local
 6695  comprehensive plan in accordance with s. 163.3177(7)(j). The
 6696  Department of Economic Opportunity Office of Tourism, Trade, and
 6697  Economic Development may contact any agency it deems appropriate
 6698  for additional input regarding the approval of projects.
 6699         (5) A No project is not eligible for funding unless it that
 6700  has not been specified and identified by the Department of
 6701  Economic Opportunity Office of Tourism, Trade, and Economic
 6702  Development in accordance with subsection (4) before prior to
 6703  the initiation of construction shall be eligible for funding.
 6704         (6) The Department of Transportation shall review the
 6705  proposed projects to ensure proper coordination with
 6706  transportation projects included in the adopted work program and
 6707  may be the contracting agency when the project is on the State
 6708  Highway System. In addition, upon request by the appropriate
 6709  governmental body, the Department of Environment Protection may
 6710  advise and assist it or plan and construct other such
 6711  transportation projects for it.
 6712         (7) For the purpose of this section, Space Florida may
 6713  serve as the local government or as the contracting agency for
 6714  transportation projects within spaceport territory as defined by
 6715  s. 331.304.
 6716         (8) Each local government receiving funds under this
 6717  section shall submit to the Department of Economic Opportunity
 6718  Office of Tourism, Trade, and Economic Development a financial
 6719  audit of the local entity conducted by an independent certified
 6720  public accountant. The Department of Economic Opportunity Office
 6721  of Tourism, Trade, and Economic Development shall develop
 6722  procedures to ensure that audits are received and reviewed in a
 6723  timely manner and that deficiencies or questioned costs noted in
 6724  the audit are resolved.
 6725         (9) The Department of Economic Opportunity Office of
 6726  Tourism, Trade, and Economic Development shall monitor on site
 6727  each grant recipient, including, but not limited to, the
 6728  construction of the business facility, to ensure compliance with
 6729  contractual requirements.
 6730         (10) In addition to the other provisions of this section,
 6731  projects that the Legislature deems necessary to facilitate the
 6732  economic development and growth of the state may be designated
 6733  and funded in the General Appropriations Act. Such
 6734  transportation projects create new employment opportunities,
 6735  expand transportation infrastructure, improve mobility, or
 6736  increase transportation innovation. The Department of Economic
 6737  Opportunity Office of Tourism, Trade, and Economic Development
 6738  shall enter into contracts with, and make expenditures to, the
 6739  appropriate entities for the costs of transportation projects
 6740  designated in the General Appropriations Act.
 6741         Section 141. Subsections (1), (2), and (3) of section
 6742  288.065, Florida Statutes, are amended to read:
 6743         288.065 Rural Community Development Revolving Loan Fund.—
 6744         (1) The Rural Community Development Revolving Loan Fund
 6745  Program is established within the department in the Office of
 6746  Tourism, Trade, and Economic Development to facilitate the use
 6747  of existing federal, state, and local financial resources by
 6748  providing local governments with financial assistance to further
 6749  promote the economic viability of rural communities. These funds
 6750  may be used to finance initiatives directed toward maintaining
 6751  or developing the economic base of rural communities, especially
 6752  initiatives addressing employment opportunities for residents of
 6753  these communities.
 6754         (2)(a) The program shall provide for long-term loans, loan
 6755  guarantees, and loan loss reserves to units of local
 6756  governments, or economic development organizations substantially
 6757  underwritten by a unit of local government, within counties with
 6758  populations of 75,000 or fewer, or within any county with a
 6759  population of 125,000 or fewer which is contiguous to a county
 6760  with a population of 75,000 or fewer, based on the most recent
 6761  official population estimate as determined under s. 186.901,
 6762  including those residing in incorporated areas and those
 6763  residing in unincorporated areas of the county, or to units of
 6764  local government, or economic development organizations
 6765  substantially underwritten by a unit of local government, within
 6766  a rural area of critical economic concern.
 6767         (b) Requests for loans shall be made by application to the
 6768  department Office of Tourism, Trade, and Economic Development.
 6769  Loans shall be made pursuant to agreements specifying the terms
 6770  and conditions agreed to between the applicant and the
 6771  department Office of Tourism, Trade, and Economic Development.
 6772  The loans shall be the legal obligations of the applicant.
 6773         (c) All repayments of principal and interest shall be
 6774  returned to the loan fund and made available for loans to other
 6775  applicants. However, in a rural area of critical economic
 6776  concern designated by the Governor, and upon approval by the
 6777  department Office of Tourism, Trade, and Economic Development,
 6778  repayments of principal and interest may be retained by the
 6779  applicant if such repayments are dedicated and matched to fund
 6780  regionally based economic development organizations representing
 6781  the rural area of critical economic concern.
 6782         (3) The department Office of Tourism, Trade, and Economic
 6783  Development shall manage the fund, establishing loan practices
 6784  that must include, but are not limited to, procedures for
 6785  establishing loan interest rates, uses of funding, application
 6786  procedures, and application review procedures. The department
 6787  Office of Tourism, Trade, and Economic Development shall have
 6788  final approval authority for any loan under this section.
 6789         Section 142. Subsections (1), (2), (3), and (4) of section
 6790  288.0655, Florida Statutes, are amended to read:
 6791         288.0655 Rural Infrastructure Fund.—
 6792         (1) There is created within the department Office of
 6793  Tourism, Trade, and Economic Development the Rural
 6794  Infrastructure Fund to facilitate the planning, preparing, and
 6795  financing of infrastructure projects in rural communities which
 6796  will encourage job creation, capital investment, and the
 6797  strengthening and diversification of rural economies by
 6798  promoting tourism, trade, and economic development.
 6799         (2)(a) Funds appropriated by the Legislature shall be
 6800  distributed by the department Office through grant programs that
 6801  maximize the use of federal, local, and private resources,
 6802  including, but not limited to, those available under the Small
 6803  Cities Community Development Block Grant Program.
 6804         (b) To facilitate access of rural communities and rural
 6805  areas of critical economic concern as defined by the Rural
 6806  Economic Development Initiative to infrastructure funding
 6807  programs of the Federal Government, such as those offered by the
 6808  United States Department of Agriculture and the United States
 6809  Department of Commerce, and state programs, including those
 6810  offered by Rural Economic Development Initiative agencies, and
 6811  to facilitate local government or private infrastructure funding
 6812  efforts, the department Office may award grants for up to 30
 6813  percent of the total infrastructure project cost. If an
 6814  application for funding is for a catalyst site, as defined in s.
 6815  288.0656, the department Office may award grants for up to 40
 6816  percent of the total infrastructure project cost. Eligible
 6817  projects must be related to specific job-creation or job
 6818  retention opportunities. Eligible projects may also include
 6819  improving any inadequate infrastructure that has resulted in
 6820  regulatory action that prohibits economic or community growth or
 6821  reducing the costs to community users of proposed infrastructure
 6822  improvements that exceed such costs in comparable communities.
 6823  Eligible uses of funds shall include improvements to public
 6824  infrastructure for industrial or commercial sites and upgrades
 6825  to or development of public tourism infrastructure. Authorized
 6826  infrastructure may include the following public or public
 6827  private partnership facilities: storm water systems;
 6828  telecommunications facilities; broadband facilities; roads or
 6829  other remedies to transportation impediments; nature-based
 6830  tourism facilities; or other physical requirements necessary to
 6831  facilitate tourism, trade, and economic development activities
 6832  in the community. Authorized infrastructure may also include
 6833  publicly or privately owned self-powered nature-based tourism
 6834  facilities, publicly owned telecommunications facilities, and
 6835  broadband facilities, and additions to the distribution
 6836  facilities of the existing natural gas utility as defined in s.
 6837  366.04(3)(c), the existing electric utility as defined in s.
 6838  366.02, or the existing water or wastewater utility as defined
 6839  in s. 367.021(12), or any other existing water or wastewater
 6840  facility, which owns a gas or electric distribution system or a
 6841  water or wastewater system in this state where:
 6842         1. A contribution-in-aid of construction is required to
 6843  serve public or public-private partnership facilities under the
 6844  tariffs of any natural gas, electric, water, or wastewater
 6845  utility as defined herein; and
 6846         2. Such utilities as defined herein are willing and able to
 6847  provide such service.
 6848         (c) To facilitate timely response and induce the location
 6849  or expansion of specific job creating opportunities, the
 6850  department Office may award grants for infrastructure
 6851  feasibility studies, design and engineering activities, or other
 6852  infrastructure planning and preparation activities. Authorized
 6853  grants shall be up to $50,000 for an employment project with a
 6854  business committed to create at least 100 jobs;, up to $150,000
 6855  for an employment project with a business committed to create at
 6856  least 300 jobs;, and up to $300,000 for a project in a rural
 6857  area of critical economic concern. Grants awarded under this
 6858  paragraph may be used in conjunction with grants awarded under
 6859  paragraph (b), provided that the total amount of both grants
 6860  does not exceed 30 percent of the total project cost. In
 6861  evaluating applications under this paragraph, the department
 6862  Office shall consider the extent to which the application seeks
 6863  to minimize administrative and consultant expenses.
 6864         (d) The department By September 1, 1999, the Office shall
 6865  participate in pursue execution of a memorandum of agreement
 6866  with the United States Department of Agriculture under which
 6867  state funds available through the Rural Infrastructure Fund may
 6868  be advanced, in excess of the prescribed state share, for a
 6869  project that has received from the United States Department of
 6870  Agriculture a preliminary determination of eligibility for
 6871  federal financial support. State funds in excess of the
 6872  prescribed state share which are advanced pursuant to this
 6873  paragraph and the memorandum of agreement shall be reimbursed
 6874  when funds are awarded under an application for federal funding.
 6875         (e) To enable local governments to access the resources
 6876  available pursuant to s. 403.973(18), the department Office may
 6877  award grants for surveys, feasibility studies, and other
 6878  activities related to the identification and preclearance review
 6879  of land which is suitable for preclearance review. Authorized
 6880  grants under this paragraph shall not exceed $75,000 each,
 6881  except in the case of a project in a rural area of critical
 6882  economic concern, in which case the grant shall not exceed
 6883  $300,000. Any funds awarded under this paragraph must be matched
 6884  at a level of 50 percent with local funds, except that any funds
 6885  awarded for a project in a rural area of critical economic
 6886  concern must be matched at a level of 33 percent with local
 6887  funds. If an application for funding is for a catalyst site, as
 6888  defined in s. 288.0656, the requirement for local match may be
 6889  waived pursuant to the process in s. 288.06561. In evaluating
 6890  applications under this paragraph, the department office shall
 6891  consider the extent to which the application seeks to minimize
 6892  administrative and consultant expenses.
 6893         (3) The department office, in consultation with Enterprise
 6894  Florida, Inc., the Florida Tourism Industry Marketing
 6895  Corporation VISIT Florida, the Department of Environmental
 6896  Protection, and the Florida Fish and Wildlife Conservation
 6897  Commission, as appropriate, shall review and certify
 6898  applications pursuant to s. 288.061. The review shall include an
 6899  evaluation of the economic benefit of the projects and their
 6900  long-term viability. The department office shall have final
 6901  approval for any grant under this section.
 6902         (4) By September 1, 2012 1999, the department office shall,
 6903  in consultation with the organizations listed in subsection (3),
 6904  and other organizations, reevaluate existing develop guidelines
 6905  and criteria governing submission of applications for funding,
 6906  review and evaluation of such applications, and approval of
 6907  funding under this section. The department office shall consider
 6908  factors including, but not limited to, the project’s potential
 6909  for enhanced job creation or increased capital investment, the
 6910  demonstration and level of local public and private commitment,
 6911  whether the project is located location of the project in an
 6912  enterprise zone, the location of the project in a community
 6913  development corporation service area, or in an urban high-crime
 6914  area as the location of the project in a county designated under
 6915  s. 212.097, the unemployment rate of the county in which the
 6916  project would be located surrounding area, and the poverty rate
 6917  of the community.
 6918         Section 143. Paragraph (b) of subsection (1), paragraphs
 6919  (b) and (e) of subsection (2), paragraph (a) of subsection (6),
 6920  and paragraphs (b) and (c) of subsection (7) of section
 6921  288.0656, Florida Statutes, are amended to read:
 6922         288.0656 Rural Economic Development Initiative.—
 6923         (1)(b) The Rural Economic Development Initiative, known as
 6924  “REDI,” is created within the department Office of Tourism,
 6925  Trade, and Economic Development, and the participation of state
 6926  and regional agencies in this initiative is authorized.
 6927         (2) As used in this section, the term:
 6928         (b) “Catalyst site” means a parcel or parcels of land
 6929  within a rural area of critical economic concern that has been
 6930  prioritized as a geographic site for economic development
 6931  through partnerships with state, regional, and local
 6932  organizations. The site must be reviewed by REDI and approved by
 6933  the department Office of Tourism, Trade, and Economic
 6934  Development for the purposes of locating a catalyst project.
 6935         (e) “Rural community” means:
 6936         1. A county with a population of 75,000 or fewer.
 6937         2. A county with a population of 125,000 or fewer which is
 6938  contiguous to a county with a population of 75,000 or fewer.
 6939         3. A municipality within a county described in subparagraph
 6940  1. or subparagraph 2.
 6941         4. An unincorporated federal enterprise community or an
 6942  incorporated rural city with a population of 25,000 or fewer and
 6943  an employment base focused on traditional agricultural or
 6944  resource-based industries, located in a county not defined as
 6945  rural, which has at least three or more of the economic distress
 6946  factors identified in paragraph (c) and verified by the
 6947  department Office of Tourism, Trade, and Economic Development.
 6948  
 6949  For purposes of this paragraph, population shall be determined
 6950  in accordance with the most recent official estimate pursuant to
 6951  s. 186.901.
 6952         (6)(a) By August 1 of each year, the head of each of the
 6953  following agencies and organizations shall designate a deputy
 6954  secretary or higher-level staff person from within the agency or
 6955  organization to serve as the REDI representative for the agency
 6956  or organization:
 6957         1. The Department of Community Affairs.
 6958         1.2. The Department of Transportation.
 6959         2.3. The Department of Environmental Protection.
 6960         3.4. The Department of Agriculture and Consumer Services.
 6961         4.5. The Department of State.
 6962         5.6. The Department of Health.
 6963         6.7. The Department of Children and Family Services.
 6964         7.8. The Department of Corrections.
 6965         9.The Agency for Workforce Innovation.
 6966         8.10. The Department of Education.
 6967         9.11. The Department of Juvenile Justice.
 6968         10.12. The Fish and Wildlife Conservation Commission.
 6969         11.13. Each water management district.
 6970         12.14. Enterprise Florida, Inc.
 6971         13.15. Workforce Florida, Inc.
 6972         14.16.The Florida Commission on Tourism or VISIT Florida.
 6973         15.17. The Florida Regional Planning Council Association.
 6974         16.18. The Agency for Health Care Administration.
 6975         17.19. The Institute of Food and Agricultural Sciences
 6976  (IFAS).
 6977  
 6978  An alternate for each designee shall also be chosen, and the
 6979  names of the designees and alternates shall be sent to the
 6980  executive director of the department Office of Tourism, Trade,
 6981  and Economic Development.
 6982         (7)
 6983         (b) Designation as a rural area of critical economic
 6984  concern under this subsection shall be contingent upon the
 6985  execution of a memorandum of agreement among the department
 6986  Office of Tourism, Trade, and Economic Development; the
 6987  governing body of the county; and the governing bodies of any
 6988  municipalities to be included within a rural area of critical
 6989  economic concern. Such agreement shall specify the terms and
 6990  conditions of the designation, including, but not limited to,
 6991  the duties and responsibilities of the county and any
 6992  participating municipalities to take actions designed to
 6993  facilitate the retention and expansion of existing businesses in
 6994  the area, as well as the recruitment of new businesses to the
 6995  area.
 6996         (c) Each rural area of critical economic concern may
 6997  designate catalyst projects, provided that each catalyst project
 6998  is specifically recommended by REDI, identified as a catalyst
 6999  project by Enterprise Florida, Inc., and confirmed as a catalyst
 7000  project by the department Office of Tourism, Trade, and Economic
 7001  Development. All state agencies and departments shall use all
 7002  available tools and resources to the extent permissible by law
 7003  to promote the creation and development of each catalyst project
 7004  and the development of catalyst sites.
 7005         Section 144. Subsections (2) and (3) of section 288.06561,
 7006  Florida Statutes, are amended to read:
 7007         288.06561 Reduction or waiver of financial match
 7008  requirements.—Notwithstanding any other law, the member agencies
 7009  and organizations of the Rural Economic Development Initiative
 7010  (REDI), as defined in s. 288.0656(6)(a), shall review the
 7011  financial match requirements for projects in rural areas as
 7012  defined in s. 288.0656(2).
 7013         (2) Agencies and organizations shall ensure that all
 7014  proposals are submitted to the department Office of Tourism,
 7015  Trade, and Economic Development for review by the REDI agencies.
 7016         (3) These proposals shall be delivered to the department
 7017  Office of Tourism, Trade, and Economic Development for
 7018  distribution to the REDI agencies and organizations. A meeting
 7019  of REDI agencies and organizations must be called within 30 days
 7020  after receipt of such proposals for REDI comment and
 7021  recommendations on each proposal.
 7022         Section 145. Subsections (2) and (4) of section 288.0657,
 7023  Florida Statutes, are amended to read:
 7024         288.0657 Florida rural economic development strategy
 7025  grants.—
 7026         (2) The department Office of Tourism, Trade, and Economic
 7027  Development may accept and administer moneys appropriated to the
 7028  department office for providing grants to assist rural
 7029  communities to develop and implement strategic economic
 7030  development plans.
 7031         (4) The department Enterprise Florida, Inc., and VISIT
 7032  Florida, shall establish criteria for reviewing grant
 7033  applications. These criteria shall include, but are not limited
 7034  to, the degree of participation and commitment by the local
 7035  community and the application’s consistency with local
 7036  comprehensive plans or the application’s proposal to ensure such
 7037  consistency. The department International Trade and Economic
 7038  Development Board of Enterprise Florida, Inc., and VISIT
 7039  Florida, shall review each application for a grant and shall
 7040  submit annually to the Office for approval a list of all
 7041  applications that are recommended by the board and VISIT
 7042  Florida, arranged in order of priority. The department office
 7043  may approve grants only to the extent that funds are
 7044  appropriated for such grants by the Legislature.
 7045         Section 146. Section 288.0658, Florida Statutes, is amended
 7046  to read:
 7047         288.0658 Nature-based recreation; promotion and other
 7048  assistance by Fish and Wildlife Conservation Commission.—The
 7049  Florida Fish and Wildlife Conservation Commission is directed to
 7050  assist Enterprise Florida, Inc. the Florida Commission on
 7051  Tourism; the Florida Tourism Industry Marketing Corporation,
 7052  doing business as VISIT Florida; convention and visitor bureaus;
 7053  tourist development councils; economic development
 7054  organizations; and local governments through the provision of
 7055  marketing advice, technical expertise, promotional support, and
 7056  product development related to nature-based recreation and
 7057  sustainable use of natural resources. In carrying out this
 7058  responsibility, the Florida Fish and Wildlife Conservation
 7059  Commission shall focus its efforts on fostering nature-based
 7060  recreation in rural communities and regions encompassing rural
 7061  communities. As used in this section, the term “nature-based
 7062  recreation” means leisure activities related to the state’s
 7063  lands, waters, and fish and wildlife resources, including, but
 7064  not limited to, wildlife viewing, fishing, hiking, canoeing,
 7065  kayaking, camping, hunting, backpacking, and nature photography.
 7066         Section 147. Section 288.0659, Florida Statutes, is amended
 7067  to read:
 7068         288.0659 Local Government Distressed Area Matching Grant
 7069  Program.—
 7070         (1) The Local Government Distressed Area Matching Grant
 7071  Program is created within the department Office of Tourism,
 7072  Trade, and Economic Development. The purpose of the program is
 7073  to stimulate investment in the state’s economy by providing
 7074  grants to match demonstrated business assistance by local
 7075  governments to attract and retain businesses in this state.
 7076         (2) As used in this section, the term:
 7077         (a) “Local government” means a county or municipality.
 7078         (b) “Office” means the Office of Tourism, Trade, and
 7079  Economic Development.
 7080         (b)(c) “Qualified business assistance” means economic
 7081  incentives provided by a local government for the purpose of
 7082  attracting or retaining a specific business, including, but not
 7083  limited to, suspensions, waivers, or reductions of impact fees
 7084  or permit fees; direct incentive payments; expenditures for
 7085  onsite or offsite improvements directly benefiting a specific
 7086  business; or construction or renovation of buildings for a
 7087  specific business.
 7088         (3) The department Office may accept and administer moneys
 7089  appropriated by the Legislature to the Office for providing
 7090  grants to match expenditures by local governments to attract or
 7091  retain businesses in this state.
 7092         (4) A local government may apply for grants to match
 7093  qualified business assistance made by the local government for
 7094  the purpose of attracting or retaining a specific business. A
 7095  local government may apply for no more than one grant per
 7096  targeted business. A local government may only have one
 7097  application pending with the department Office. Additional
 7098  applications may be filed after a previous application has been
 7099  approved or denied.
 7100         (5) To qualify for a grant, the business being targeted by
 7101  a local government must create at least 15 full-time jobs, must
 7102  be new to this state, must be expanding its operations in this
 7103  state, or would otherwise leave the state absent state and local
 7104  assistance, and the local government applying for the grant must
 7105  expedite its permitting processes for the target business by
 7106  accelerating the normal review and approval timelines. In
 7107  addition to these requirements, the department office shall
 7108  review the grant requests using the following evaluation
 7109  criteria, with priority given in descending order:
 7110         (a) The presence and degree of pervasive poverty,
 7111  unemployment, and general distress as determined pursuant to s.
 7112  290.0058 in the area where the business will locate, with
 7113  priority given to locations with greater degrees of poverty,
 7114  unemployment, and general distress.
 7115         (b) The extent of reliance on the local government
 7116  expenditure as an inducement for the business’s location
 7117  decision, with priority given to higher levels of local
 7118  government expenditure.
 7119         (c) The number of new full-time jobs created, with priority
 7120  given to higher numbers of jobs created.
 7121         (d) The average hourly wage for jobs created, with priority
 7122  given to higher average wages.
 7123         (e) The amount of capital investment to be made by the
 7124  business, with priority given to higher amounts of capital
 7125  investment.
 7126         (6) In evaluating grant requests, the department Office
 7127  shall take into consideration the need for grant assistance as
 7128  it relates to the local government’s general fund balance as
 7129  well as local incentive programs that are already in existence.
 7130         (7) Funds made available pursuant to this section may not
 7131  be expended in connection with the relocation of a business from
 7132  one community to another community in this state unless the
 7133  department Office determines that without such relocation the
 7134  business will move outside this state or determines that the
 7135  business has a compelling economic rationale for the relocation
 7136  which creates additional jobs. Funds made available pursuant to
 7137  this section may not be used by the receiving local government
 7138  to supplant matching commitments required of the local
 7139  government pursuant to other state or federal incentive
 7140  programs.
 7141         (8) Within 30 days after the department Office receives an
 7142  application for a grant, the department Office shall approve a
 7143  preliminary grant allocation or disapprove the application. The
 7144  preliminary grant allocation shall be based on estimates of
 7145  qualified business assistance submitted by the local government
 7146  and shall equal 50 percent of the amount of the estimated
 7147  qualified business assistance or $50,000, whichever is less. The
 7148  preliminary grant allocation shall be executed by contract with
 7149  the local government. The contract shall set forth the terms and
 7150  conditions, including the timeframes within which the final
 7151  grant award will be disbursed. The final grant award may not
 7152  exceed the preliminary grant allocation. The department Office
 7153  may approve preliminary grant allocations only to the extent
 7154  that funds are appropriated for such grants by the Legislature.
 7155         (a) Preliminary grant allocations that are revoked or
 7156  voluntarily surrendered shall be immediately available for
 7157  reallocation.
 7158         (b) Recipients of preliminary grant allocations shall
 7159  promptly report to the department Office the date on which the
 7160  local government’s permitting and approval process is completed
 7161  and the date on which all qualified business assistance is
 7162  completed.
 7163         (9) The department Office shall make a final grant award to
 7164  a local government within 30 days after receiving information
 7165  from the local government sufficient to demonstrate actual
 7166  qualified business assistance. An awarded grant amount shall
 7167  equal 50 percent of the amount of the qualified business
 7168  assistance or $50,000, whichever is less, and may not exceed the
 7169  preliminary grant allocation. The amount by which a preliminary
 7170  grant allocation exceeds a final grant award shall be
 7171  immediately available for reallocation.
 7172         (10) Up to 2 percent of the funds appropriated annually by
 7173  the Legislature for the program may be used by the department
 7174  Office for direct administrative costs associated with
 7175  implementing this section.
 7176         Section 148. Paragraph (a) of subsection (1) of section
 7177  288.075, Florida Statutes, is amended to read:
 7178         288.075 Confidentiality of records.—
 7179         (1) DEFINITIONS.—As used in this section, the term:
 7180         (a) “Economic development agency” means:
 7181         1. The Department of Economic Opportunity Office of
 7182  Tourism, Trade, and Economic Development;
 7183         2. Any industrial development authority created in
 7184  accordance with part III of chapter 159 or by special law;
 7185         3. Space Florida created in part II of chapter 331;
 7186         4. The public economic development agency of a county or
 7187  municipality or, if the county or municipality does not have a
 7188  public economic development agency, the county or municipal
 7189  officers or employees assigned the duty to promote the general
 7190  business interests or industrial interests of that county or
 7191  municipality or the responsibilities related thereto;
 7192         5. Any research and development authority created in
 7193  accordance with part V of chapter 159; or
 7194         6. Any private agency, person, partnership, corporation, or
 7195  business entity when authorized by the state, a municipality, or
 7196  a county to promote the general business interests or industrial
 7197  interests of the state or that municipality or county.
 7198         Section 149. Paragraphs (c), (h), (p), and (r) of
 7199  subsection (1), paragraphs (a), (d), (e), (f), (h) of subsection
 7200  (2), subsections (3) and (4), paragraphs (a), (d), (e), and (g)
 7201  of subsection (5), paragraphs (a), (b), and (c) of subsection
 7202  (6), and subsections (7) and (8) of section 288.1045, Florida
 7203  Statutes, are amended, and present paragraphs (i) through (u) of
 7204  subsection (1) are redesignated as paragraphs (h) through (s),
 7205  respectively, to read:
 7206         288.1045 Qualified defense contractor and space flight
 7207  business tax refund program.—
 7208         (1) DEFINITIONS.—As used in this section:
 7209         (c) “Business unit” means an employing unit, as defined in
 7210  s. 443.036, that is registered with the department Agency for
 7211  Workforce Innovation for unemployment compensation purposes or
 7212  means a subcategory or division of an employing unit that is
 7213  accepted by the department Agency for Workforce Innovation as a
 7214  reporting unit.
 7215         (h) “Director” means the director of the Office of Tourism,
 7216  Trade, and Economic Development.
 7217         (p) “Office” means the Office of Tourism, Trade, and
 7218  Economic Development.
 7219         (p)(r) “Qualified applicant” means an applicant that has
 7220  been approved by the department director to be eligible for tax
 7221  refunds pursuant to this section.
 7222         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 7223         (a) There shall be allowed, from the Economic Development
 7224  Trust Fund, a refund to a qualified applicant for the amount of
 7225  eligible taxes certified by the department director which were
 7226  paid by such qualified applicant. The total amount of refunds
 7227  for all fiscal years for each qualified applicant shall be
 7228  determined pursuant to subsection (3). The annual amount of a
 7229  refund to a qualified applicant shall be determined pursuant to
 7230  subsection (5).
 7231         (d) Contingent upon an annual appropriation by the
 7232  Legislature, the department director may approve not more in tax
 7233  refunds than the amount appropriated to the Economic Development
 7234  Trust Fund for tax refunds, for a fiscal year pursuant to
 7235  subsection (5) and s. 288.095.
 7236         (e) For the first 6 months of each fiscal year, the
 7237  department director shall set aside 30 percent of the amount
 7238  appropriated for refunds pursuant to this section by the
 7239  Legislature to provide tax refunds only to qualified applicants
 7240  who employ 500 or fewer full-time employees in this state. Any
 7241  unencumbered funds remaining undisbursed from this set-aside at
 7242  the end of the 6-month period may be used to provide tax refunds
 7243  for any qualified applicants pursuant to this section.
 7244         (f) After entering into a tax refund agreement pursuant to
 7245  subsection (4), a qualified applicant may:
 7246         1. Receive refunds from the account for corporate income
 7247  taxes due and paid pursuant to chapter 220 by that business
 7248  beginning with the first taxable year of the business which
 7249  begins after entering into the agreement.
 7250         2. Receive refunds from the account for the following taxes
 7251  due and paid by that business after entering into the agreement:
 7252         a. Taxes on sales, use, and other transactions paid
 7253  pursuant to chapter 212.
 7254         b. Intangible personal property taxes paid pursuant to
 7255  chapter 199.
 7256         c. Emergency excise taxes paid pursuant to chapter 221.
 7257         d. Excise taxes paid on documents pursuant to chapter 201.
 7258         e. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
 7259  June 1, 1996.
 7260         f. State communications services taxes administered under
 7261  chapter 202. This provision does not apply to the gross receipts
 7262  tax imposed under chapter 203 and administered under chapter 202
 7263  or the local communications services tax authorized under s.
 7264  202.19.
 7265  
 7266  However, a qualified applicant may not receive a tax refund
 7267  pursuant to this section for any amount of credit, refund, or
 7268  exemption granted such contractor for any of such taxes. If a
 7269  refund for such taxes is provided by the department Office,
 7270  which taxes are subsequently adjusted by the application of any
 7271  credit, refund, or exemption granted to the qualified applicant
 7272  other than that provided in this section, the qualified
 7273  applicant shall reimburse the Economic Development Trust Fund
 7274  for the amount of such credit, refund, or exemption. A qualified
 7275  applicant must notify and tender payment to the office within 20
 7276  days after receiving a credit, refund, or exemption, other than
 7277  that provided in this section. The addition of communications
 7278  services taxes administered under chapter 202 is remedial in
 7279  nature and retroactive to October 1, 2001. The Office may make
 7280  supplemental tax refund payments to allow for tax refunds for
 7281  communications services taxes paid by an eligible qualified
 7282  defense contractor after October 1, 2001.
 7283         (h) Funds made available pursuant to this section may not
 7284  be expended in connection with the relocation of a business from
 7285  one community to another community in this state unless the
 7286  department Office of Tourism, Trade, and Economic Development
 7287  determines that without such relocation the business will move
 7288  outside this state or determines that the business has a
 7289  compelling economic rationale for the relocation which creates
 7290  additional jobs.
 7291         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
 7292  DETERMINATION.—
 7293         (a) To apply for certification as a qualified applicant
 7294  pursuant to this section, an applicant must file an application
 7295  with the department Office which satisfies the requirements of
 7296  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
 7297  and (e), or paragraphs (e) and (j). An applicant may not apply
 7298  for certification pursuant to this section after a proposal has
 7299  been submitted for a new Department of Defense contract, after
 7300  the applicant has made the decision to consolidate an existing
 7301  Department of Defense contract in this state for which such
 7302  applicant is seeking certification, after a proposal has been
 7303  submitted for a new space flight business contract in this
 7304  state, after the applicant has made the decision to consolidate
 7305  an existing space flight business contract in this state for
 7306  which such applicant is seeking certification, or after the
 7307  applicant has made the decision to convert defense production
 7308  jobs to nondefense production jobs for which such applicant is
 7309  seeking certification.
 7310         (b) Applications for certification based on the
 7311  consolidation of a Department of Defense contract or a new
 7312  Department of Defense contract must be submitted to the
 7313  department Office as prescribed by the department Office and
 7314  must include, but are not limited to, the following information:
 7315         1. The applicant’s federal employer identification number,
 7316  the applicant’s Florida sales tax registration number, and a
 7317  signature of an officer of the applicant.
 7318         2. The permanent location of the manufacturing, assembling,
 7319  fabricating, research, development, or design facility in this
 7320  state at which the project is or is to be located.
 7321         3. The Department of Defense contract numbers of the
 7322  contract to be consolidated, the new Department of Defense
 7323  contract number, or the “RFP” number of a proposed Department of
 7324  Defense contract.
 7325         4. The date the contract was executed or is expected to be
 7326  executed, and the date the contract is due to expire or is
 7327  expected to expire.
 7328         5. The commencement date for project operations under the
 7329  contract in this state.
 7330         6. The number of net new full-time equivalent Florida jobs
 7331  included in the project as of December 31 of each year and the
 7332  average wage of such jobs.
 7333         7. The total number of full-time equivalent employees
 7334  employed by the applicant in this state.
 7335         8. The percentage of the applicant’s gross receipts derived
 7336  from Department of Defense contracts during the 5 taxable years
 7337  immediately preceding the date the application is submitted.
 7338         9. The number of full-time equivalent jobs in this state to
 7339  be retained by the project.
 7340         10. A brief statement concerning the applicant’s need for
 7341  tax refunds, and the proposed uses of such refunds by the
 7342  applicant.
 7343         11. A resolution adopted by the governing board of the
 7344  county or municipality in which the project will be located,
 7345  which recommends the applicant be approved as a qualified
 7346  applicant, and which indicates that the necessary commitments of
 7347  local financial support for the applicant exist. Prior to the
 7348  adoption of the resolution, the county commission may review the
 7349  proposed public or private sources of such support and determine
 7350  whether the proposed sources of local financial support can be
 7351  provided or, for any applicant whose project is located in a
 7352  county designated by the Rural Economic Development Initiative,
 7353  a resolution adopted by the county commissioners of such county
 7354  requesting that the applicant’s project be exempt from the local
 7355  financial support requirement.
 7356         12. Any additional information requested by the department
 7357  Office.
 7358         (c) Applications for certification based on the conversion
 7359  of defense production jobs to nondefense production jobs must be
 7360  submitted to the department Office as prescribed by the
 7361  department Office and must include, but are not limited to, the
 7362  following information:
 7363         1. The applicant’s federal employer identification number,
 7364  the applicant’s Florida sales tax registration number, and a
 7365  signature of an officer of the applicant.
 7366         2. The permanent location of the manufacturing, assembling,
 7367  fabricating, research, development, or design facility in this
 7368  state at which the project is or is to be located.
 7369         3. The Department of Defense contract numbers of the
 7370  contract under which the defense production jobs will be
 7371  converted to nondefense production jobs.
 7372         4. The date the contract was executed, and the date the
 7373  contract is due to expire or is expected to expire, or was
 7374  canceled.
 7375         5. The commencement date for the nondefense production
 7376  operations in this state.
 7377         6. The number of net new full-time equivalent Florida jobs
 7378  included in the nondefense production project as of December 31
 7379  of each year and the average wage of such jobs.
 7380         7. The total number of full-time equivalent employees
 7381  employed by the applicant in this state.
 7382         8. The percentage of the applicant’s gross receipts derived
 7383  from Department of Defense contracts during the 5 taxable years
 7384  immediately preceding the date the application is submitted.
 7385         9. The number of full-time equivalent jobs in this state to
 7386  be retained by the project.
 7387         10. A brief statement concerning the applicant’s need for
 7388  tax refunds, and the proposed uses of such refunds by the
 7389  applicant.
 7390         11. A resolution adopted by the governing board of the
 7391  county or municipality in which the project will be located,
 7392  which recommends the applicant be approved as a qualified
 7393  applicant, and which indicates that the necessary commitments of
 7394  local financial support for the applicant exist. Prior to the
 7395  adoption of the resolution, the county commission may review the
 7396  proposed public or private sources of such support and determine
 7397  whether the proposed sources of local financial support can be
 7398  provided or, for any applicant whose project is located in a
 7399  county designated by the Rural Economic Development Initiative,
 7400  a resolution adopted by the county commissioners of such county
 7401  requesting that the applicant’s project be exempt from the local
 7402  financial support requirement.
 7403         12. Any additional information requested by the department
 7404  Office.
 7405         (d) Applications for certification based on a contract for
 7406  reuse of a defense-related facility must be submitted to the
 7407  department Office as prescribed by the department office and
 7408  must include, but are not limited to, the following information:
 7409         1. The applicant’s Florida sales tax registration number
 7410  and a signature of an officer of the applicant.
 7411         2. The permanent location of the manufacturing, assembling,
 7412  fabricating, research, development, or design facility in this
 7413  state at which the project is or is to be located.
 7414         3. The business entity holding a valid Department of
 7415  Defense contract or branch of the Armed Forces of the United
 7416  States that previously occupied the facility, and the date such
 7417  entity last occupied the facility.
 7418         4. A copy of the contract to reuse the facility, or such
 7419  alternative proof as may be prescribed by the department office
 7420  that the applicant is seeking to contract for the reuse of such
 7421  facility.
 7422         5. The date the contract to reuse the facility was executed
 7423  or is expected to be executed, and the date the contract is due
 7424  to expire or is expected to expire.
 7425         6. The commencement date for project operations under the
 7426  contract in this state.
 7427         7. The number of net new full-time equivalent Florida jobs
 7428  included in the project as of December 31 of each year and the
 7429  average wage of such jobs.
 7430         8. The total number of full-time equivalent employees
 7431  employed by the applicant in this state.
 7432         9. The number of full-time equivalent jobs in this state to
 7433  be retained by the project.
 7434         10. A brief statement concerning the applicant’s need for
 7435  tax refunds, and the proposed uses of such refunds by the
 7436  applicant.
 7437         11. A resolution adopted by the governing board of the
 7438  county or municipality in which the project will be located,
 7439  which recommends the applicant be approved as a qualified
 7440  applicant, and which indicates that the necessary commitments of
 7441  local financial support for the applicant exist. Before Prior to
 7442  the adoption of the resolution, the county commission may review
 7443  the proposed public or private sources of such support and
 7444  determine whether the proposed sources of local financial
 7445  support can be provided or, for any applicant whose project is
 7446  located in a county designated by the Rural Economic Development
 7447  Initiative, a resolution adopted by the county commissioners of
 7448  such county requesting that the applicant’s project be exempt
 7449  from the local financial support requirement.
 7450         12. Any additional information requested by the department
 7451  Office.
 7452         (e) To qualify for review by the department Office, the
 7453  application of an applicant must, at a minimum, establish the
 7454  following to the satisfaction of the department office:
 7455         1. The jobs proposed to be provided under the application,
 7456  pursuant to subparagraph (b)6., subparagraph (c)6., or
 7457  subparagraph (j)6., must pay an estimated annual average wage
 7458  equaling at least 115 percent of the average wage in the area
 7459  where the project is to be located.
 7460         2. The consolidation of a Department of Defense contract
 7461  must result in a net increase of at least 25 percent in the
 7462  number of jobs at the applicant’s facilities in this state or
 7463  the addition of at least 80 jobs at the applicant’s facilities
 7464  in this state.
 7465         3. The conversion of defense production jobs to nondefense
 7466  production jobs must result in net increases in nondefense
 7467  employment at the applicant’s facilities in this state.
 7468         4. The Department of Defense contract or the space flight
 7469  business contract cannot allow the business to include the costs
 7470  of relocation or retooling in its base as allowable costs under
 7471  a cost-plus, or similar, contract.
 7472         5. A business unit of the applicant must have derived not
 7473  less than 60 percent of its gross receipts in this state from
 7474  Department of Defense contracts or space flight business
 7475  contracts over the applicant’s last fiscal year, and must have
 7476  derived not less than an average of 60 percent of its gross
 7477  receipts in this state from Department of Defense contracts or
 7478  space flight business contracts over the 5 years preceding the
 7479  date an application is submitted pursuant to this section. This
 7480  subparagraph does not apply to any application for certification
 7481  based on a contract for reuse of a defense-related facility.
 7482         6. The reuse of a defense-related facility must result in
 7483  the creation of at least 100 jobs at such facility.
 7484         7. A new space flight business contract or the
 7485  consolidation of a space flight business contract must result in
 7486  net increases in space flight business employment at the
 7487  applicant’s facilities in this state.
 7488         (f) Each application meeting the requirements of paragraphs
 7489  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 7490  paragraphs (e) and (j) must be submitted to the department
 7491  office for a determination of eligibility. The department Office
 7492  shall review and evaluate each application based on, but not
 7493  limited to, the following criteria:
 7494         1. Expected contributions to the state strategic economic
 7495  development plan prepared by the department adopted by
 7496  Enterprise Florida, Inc., taking into account the extent to
 7497  which the project contributes to the state’s high-technology
 7498  base, and the long-term impact of the project and the applicant
 7499  on the state’s economy.
 7500         2. The economic benefit of the jobs created or retained by
 7501  the project in this state, taking into account the cost and
 7502  average wage of each job created or retained, and the potential
 7503  risk to existing jobs.
 7504         3. The amount of capital investment to be made by the
 7505  applicant in this state.
 7506         4. The local commitment and support for the project and
 7507  applicant.
 7508         5. The impact of the project on the local community, taking
 7509  into account the unemployment rate for the county where the
 7510  project will be located.
 7511         6. The dependence of the local community on the defense
 7512  industry or space flight business.
 7513         7. The impact of any tax refunds granted pursuant to this
 7514  section on the viability of the project and the probability that
 7515  the project will occur in this state if such tax refunds are
 7516  granted to the applicant, taking into account the expected long
 7517  term commitment of the applicant to economic growth and
 7518  employment in this state.
 7519         8. The length of the project, or the expected long-term
 7520  commitment to this state resulting from the project.
 7521         (g) Applications shall be reviewed and certified pursuant
 7522  to s. 288.061. If appropriate, the department director shall
 7523  enter into a written agreement with the qualified applicant
 7524  pursuant to subsection (4).
 7525         (h) The department director may not certify any applicant
 7526  as a qualified applicant when the value of tax refunds to be
 7527  included in that letter of certification exceeds the available
 7528  amount of authority to certify new businesses as determined in
 7529  s. 288.095(3). A letter of certification that approves an
 7530  application must specify the maximum amount of a tax refund that
 7531  is to be available to the contractor for each fiscal year and
 7532  the total amount of tax refunds for all fiscal years.
 7533         (i) This section does not create a presumption that an
 7534  applicant should receive any tax refunds under this section.
 7535         (j) Applications for certification based upon a new space
 7536  flight business contract or the consolidation of a space flight
 7537  business contract must be submitted to the department office as
 7538  prescribed by the department office and must include, but are
 7539  not limited to, the following information:
 7540         1. The applicant’s federal employer identification number,
 7541  the applicant’s Florida sales tax registration number, and a
 7542  signature of an officer of the applicant.
 7543         2. The permanent location of the space flight business
 7544  facility in this state where the project is or will be located.
 7545         3. The new space flight business contract number, the space
 7546  flight business contract numbers of the contract to be
 7547  consolidated, or the request-for-proposal number of a proposed
 7548  space flight business contract.
 7549         4. The date the contract was executed and the date the
 7550  contract is due to expire, is expected to expire, or was
 7551  canceled.
 7552         5. The commencement date for project operations under the
 7553  contract in this state.
 7554         6. The number of net new full-time equivalent Florida jobs
 7555  included in the project as of December 31 of each year and the
 7556  average wage of such jobs.
 7557         7. The total number of full-time equivalent employees
 7558  employed by the applicant in this state.
 7559         8. The percentage of the applicant’s gross receipts derived
 7560  from space flight business contracts during the 5 taxable years
 7561  immediately preceding the date the application is submitted.
 7562         9. The number of full-time equivalent jobs in this state to
 7563  be retained by the project.
 7564         10. A brief statement concerning the applicant’s need for
 7565  tax refunds and the proposed uses of such refunds by the
 7566  applicant.
 7567         11. A resolution adopted by the governing board of the
 7568  county or municipality in which the project will be located
 7569  which recommends the applicant be approved as a qualified
 7570  applicant and indicates that the necessary commitments of local
 7571  financial support for the applicant exist. Prior to the adoption
 7572  of the resolution, the county commission may review the proposed
 7573  public or private sources of such support and determine whether
 7574  the proposed sources of local financial support can be provided
 7575  or, for any applicant whose project is located in a county
 7576  designated by the Rural Economic Development Initiative, a
 7577  resolution adopted by the county commissioners of such county
 7578  requesting that the applicant’s project be exempt from the local
 7579  financial support requirement.
 7580         12. Any additional information requested by the department
 7581  office.
 7582         (4) QUALIFIED APPLICANT TAX REFUND AGREEMENT.—
 7583         (a) A qualified applicant shall enter into a written
 7584  agreement with the department Office containing, but not limited
 7585  to, the following:
 7586         1. The total number of full-time equivalent jobs in this
 7587  state that are or will be dedicated to the qualified applicant’s
 7588  project, the average wage of such jobs, the definitions that
 7589  will apply for measuring the achievement of these terms during
 7590  the pendency of the agreement, and a time schedule or plan for
 7591  when such jobs will be in place and active in this state.
 7592         2. The maximum amount of a refund that the qualified
 7593  applicant is eligible to receive for each fiscal year, based on
 7594  the job creation or retention and maintenance schedule specified
 7595  in subparagraph 1.
 7596         3. An agreement with the department Office allowing the
 7597  department Office to review and verify the financial and
 7598  personnel records of the qualified applicant to ascertain
 7599  whether the qualified applicant is complying with the
 7600  requirements of this section.
 7601         4. The date by which, in each fiscal year, the qualified
 7602  applicant may file a claim pursuant to subsection (5) to be
 7603  considered to receive a tax refund in the following fiscal year.
 7604         5. That local financial support shall be annually available
 7605  and will be paid to the Economic Development Trust Fund.
 7606         (b) Compliance with the terms and conditions of the
 7607  agreement is a condition precedent for receipt of tax refunds
 7608  each year. The failure to comply with the terms and conditions
 7609  of the agreement shall result in the loss of eligibility for
 7610  receipt of all tax refunds previously authorized pursuant to
 7611  this section, and the revocation of the certification as a
 7612  qualified applicant by the department director, unless the
 7613  qualified applicant is eligible to receive and elects to accept
 7614  a prorated refund under paragraph (5)(g) or the department
 7615  Office grants the qualified applicant an economic-stimulus
 7616  exemption.
 7617         1. A qualified applicant may submit, in writing, a request
 7618  to the department Office for an economic-stimulus exemption. The
 7619  request must provide quantitative evidence demonstrating how
 7620  negative economic conditions in the qualified applicant’s
 7621  industry, the effects of the impact of a named hurricane or
 7622  tropical storm, or specific acts of terrorism affecting the
 7623  qualified applicant have prevented the qualified applicant from
 7624  complying with the terms and conditions of its tax refund
 7625  agreement.
 7626         2. Upon receipt of a request under subparagraph 1., the
 7627  department director shall have 45 days to notify the requesting
 7628  qualified applicant, in writing, if its exemption has been
 7629  granted or denied. In determining if an exemption should be
 7630  granted, the department director shall consider the extent to
 7631  which negative economic conditions in the requesting qualified
 7632  applicant’s industry, the effects of the impact of a named
 7633  hurricane or tropical storm, or specific acts of terrorism
 7634  affecting the qualified applicant have prevented the qualified
 7635  applicant from complying with the terms and conditions of its
 7636  tax refund agreement.
 7637         3. As a condition for receiving a prorated refund under
 7638  paragraph (5)(g) or an economic-stimulus exemption under this
 7639  paragraph, a qualified applicant must agree to renegotiate its
 7640  tax refund agreement with the department Office to, at a
 7641  minimum, ensure that the terms of the agreement comply with
 7642  current law and the Office procedures of the department
 7643  governing application for and award of tax refunds. Upon
 7644  approving the award of a prorated refund or granting an
 7645  economic-stimulus exemption, the department Office shall
 7646  renegotiate the tax refund agreement with the qualified
 7647  applicant as required by this subparagraph. When amending the
 7648  agreement of a qualified applicant receiving an economic
 7649  stimulus exemption, the department Office may extend the
 7650  duration of the agreement for a period not to exceed 2 years.
 7651         4. A qualified applicant may submit a request for an
 7652  economic-stimulus exemption to the Office in lieu of any tax
 7653  refund claim scheduled to be submitted after January 1, 2005,
 7654  but before July 1, 2006.
 7655         4.5. A qualified applicant that receives an economic
 7656  stimulus exemption may not receive a tax refund for the period
 7657  covered by the exemption.
 7658         (c) The agreement shall be signed by the executive director
 7659  and the authorized officer of the qualified applicant.
 7660         (d) The agreement must contain the following legend,
 7661  clearly printed on its face in bold type of not less than 10
 7662  points:
 7663  
 7664         “This agreement is neither a general obligation of the
 7665         State of Florida, nor is it backed by the full faith
 7666         and credit of the State of Florida. Payment of tax
 7667         refunds are conditioned on and subject to specific
 7668         annual appropriations by the Florida Legislature of
 7669         funds sufficient to pay amounts authorized in s.
 7670         288.1045, Florida Statutes.”
 7671  
 7672         (5) ANNUAL CLAIM FOR REFUND.—
 7673         (a) To be eligible to claim any scheduled tax refund,
 7674  qualified applicants who have entered into a written agreement
 7675  with the department Office pursuant to subsection (4) and who
 7676  have entered into a valid new Department of Defense contract,
 7677  entered into a valid new space flight business contract,
 7678  commenced the consolidation of a space flight business contract,
 7679  commenced the consolidation of a Department of Defense contract,
 7680  commenced the conversion of defense production jobs to
 7681  nondefense production jobs, or entered into a valid contract for
 7682  reuse of a defense-related facility must apply by January 31 of
 7683  each fiscal year to the department Office for tax refunds
 7684  scheduled to be paid from the appropriation for the fiscal year
 7685  that begins on July 1 following the January 31 claims-submission
 7686  date. The department Office may, upon written request, grant a
 7687  30-day extension of the filing date. The application must
 7688  include a notarized signature of an officer of the applicant.
 7689         (d) The department director, with assistance from the
 7690  Office, the Department of Revenue, and the Agency for Workforce
 7691  Innovation, shall, by June 30 following the scheduled date for
 7692  submitting the tax refund claim, specify by written order the
 7693  approval or disapproval of the tax refund claim and, if
 7694  approved, the amount of the tax refund that is authorized to be
 7695  paid to the qualified applicant for the annual tax refund. The
 7696  department Office may grant an extension of this date upon the
 7697  request of the qualified applicant for the purpose of filing
 7698  additional information in support of the claim.
 7699         (e) The total amount of tax refunds approved by the
 7700  department director under this section in any fiscal year may
 7701  not exceed the amount authorized under s. 288.095(3).
 7702         (g) A prorated tax refund, less a 5 percent penalty, shall
 7703  be approved for a qualified applicant provided all other
 7704  applicable requirements have been satisfied and the applicant
 7705  proves to the satisfaction of the department director that it
 7706  has achieved at least 80 percent of its projected employment and
 7707  that the average wage paid by the qualified applicant is at
 7708  least 90 percent of the average wage specified in the tax refund
 7709  agreement, but in no case less than 115 percent of the average
 7710  private sector wage in the area available at the time of
 7711  certification. The prorated tax refund shall be calculated by
 7712  multiplying the tax refund amount for which the qualified
 7713  applicant would have been eligible, if all applicable
 7714  requirements had been satisfied, by the percentage of the
 7715  average employment specified in the tax refund agreement which
 7716  was achieved, and by the percentage of the average wages
 7717  specified in the tax refund agreement which was achieved.
 7718         (6) ADMINISTRATION.—
 7719         (a) The department Office may adopt rules pursuant to
 7720  chapter 120 for the administration of this section.
 7721         (b) The department Office may verify information provided
 7722  in any claim submitted for tax credits under this section with
 7723  regard to employment and wage levels or the payment of the taxes
 7724  with the appropriate agency or authority including the
 7725  Department of Revenue, the department Agency for Workforce
 7726  Innovation, or any local government or authority.
 7727         (c) To facilitate the process of monitoring and auditing
 7728  applications made under this program, the department Office may
 7729  provide a list of qualified applicants to the Department of
 7730  Revenue, to the Agency for Workforce Innovation, or to any local
 7731  government or authority. The department Office may request the
 7732  assistance of said entities with respect to monitoring jobs,
 7733  wages, and the payment of the taxes listed in subsection (2).
 7734         (7) Notwithstanding paragraphs (4)(a) and (5)(c), the
 7735  Office may approve a waiver of the local financial support
 7736  requirement for a business located in any of the following
 7737  counties in which businesses received emergency loans
 7738  administered by the Office in response to the named hurricanes
 7739  of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
 7740  Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
 7741  Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
 7742  Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
 7743  waiver may be granted only if the Office determines that the
 7744  local financial support cannot be provided or that doing so
 7745  would effect a demonstrable hardship on the unit of local
 7746  government providing the local financial support. If the Office
 7747  grants a waiver of the local financial support requirement, the
 7748  state shall pay 100 percent of the refund due to an eligible
 7749  business. The waiver shall apply for tax refund applications
 7750  made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
 7751         (7)(8) EXPIRATION.—An applicant may not be certified as
 7752  qualified under this section after June 30, 2014. A tax refund
 7753  agreement existing on that date shall continue in effect in
 7754  accordance with its terms.
 7755         Section 150. Paragraphs (d), (f), (n), (p), (r), and (t) of
 7756  subsection (2), paragraphs (a), (b), (e), and (f) of subsection
 7757  (3), subsection (4), paragraphs (a), (b), and (c) of subsection
 7758  (5), paragraphs (a), (c), (f), and (g) of subsection (6), and
 7759  subsection (7) are amended, present paragraphs (g) through (u)
 7760  of subsection (2) are redesignated as paragraphs (f) through
 7761  (n), respectively, and subsection (8) is created in section
 7762  288.106, Florida Statutes, to read:
 7763         288.106 Tax refund program for qualified target industry
 7764  businesses.—
 7765         (2) DEFINITIONS.—As used in this section:
 7766         (d) “Business” means an employing unit, as defined in s.
 7767  443.036, that is registered for unemployment compensation
 7768  purposes with the state agency providing unemployment tax
 7769  collection services under contract with the Agency for Workforce
 7770  Innovation through an interagency agreement pursuant to s.
 7771  443.1316, or a subcategory or division of an employing unit that
 7772  is accepted by the state agency providing unemployment tax
 7773  collection services as a reporting unit.
 7774         (f) “Director” means the Director of the Office of Tourism,
 7775  Trade, and Economic Development.
 7776         (n) “Office” means the Office of Tourism, Trade, and
 7777  Economic Development.
 7778         (n)(p) “Qualified target industry business” means a target
 7779  industry business approved by the department Office to be
 7780  eligible for tax refunds under this section.
 7781         (q) “Return on investment” means the gain in state revenues
 7782  as a percentage of the state’s investment. The state’s
 7783  investment includes state grants, tax exemptions, tax refunds,
 7784  tax credits, and other state incentives.
 7785         (o)(r) “Rural city” means a city having a population of
 7786  10,000 or fewer, or a city having a population of greater than
 7787  10,000 but fewer than 20,000 that has been determined by the
 7788  department Office to have economic characteristics such as, but
 7789  not limited to, a significant percentage of residents on public
 7790  assistance, a significant percentage of residents with income
 7791  below the poverty level, or a significant percentage of the
 7792  city’s employment base in agriculture-related industries.
 7793         (q)(t) “Target industry business” means a corporate
 7794  headquarters business or any business that is engaged in one of
 7795  the target industries identified pursuant to the following
 7796  criteria developed by the department Office in consultation with
 7797  Enterprise Florida, Inc.:
 7798         1. Future growth.—Industry forecasts should indicate strong
 7799  expectation for future growth in both employment and output,
 7800  according to the most recent available data. Special
 7801  consideration should be given to businesses that export goods
 7802  to, or provide services in, international markets and businesses
 7803  that replace domestic and international imports of goods or
 7804  services.
 7805         2. Stability.—The industry should not be subject to
 7806  periodic layoffs, whether due to seasonality or sensitivity to
 7807  volatile economic variables such as weather. The industry should
 7808  also be relatively resistant to recession, so that the demand
 7809  for products of this industry is not typically subject to
 7810  decline during an economic downturn.
 7811         3. High wage.—The industry should pay relatively high wages
 7812  compared to statewide or area averages.
 7813         4. Market and resource independent.—The location of
 7814  industry businesses should not be dependent on Florida markets
 7815  or resources as indicated by industry analysis, except for
 7816  businesses in the renewable energy industry.
 7817         5. Industrial base diversification and strengthening.—The
 7818  industry should contribute toward expanding or diversifying the
 7819  state’s or area’s economic base, as indicated by analysis of
 7820  employment and output shares compared to national and regional
 7821  trends. Special consideration should be given to industries that
 7822  strengthen regional economies by adding value to basic products
 7823  or building regional industrial clusters as indicated by
 7824  industry analysis. Special consideration should also be given to
 7825  the development of strong industrial clusters that include
 7826  defense and homeland security businesses.
 7827         6. Positive economic impact benefits.—The industry is
 7828  expected to have strong positive economic impacts on or benefits
 7829  to the state or regional economies.
 7830  
 7831  The term does not include any business engaged in retail
 7832  industry activities; any electrical utility company; any
 7833  phosphate or other solid minerals severance, mining, or
 7834  processing operation; any oil or gas exploration or production
 7835  operation; or any business subject to regulation by the Division
 7836  of Hotels and Restaurants of the Department of Business and
 7837  Professional Regulation. Any business within NAICS code 5611 or
 7838  5614, office administrative services and business support
 7839  services, respectively, may be considered a target industry
 7840  business only after the local governing body and Enterprise
 7841  Florida, Inc., make a determination that the community where the
 7842  business may locate has conditions affecting the fiscal and
 7843  economic viability of the local community or area, including but
 7844  not limited to, factors such as low per capita income, high
 7845  unemployment, high underemployment, and a lack of year-round
 7846  stable employment opportunities, and such conditions may be
 7847  improved by the location of such a business to the community. By
 7848  January 1 of every 3rd year, beginning January 1, 2011, the
 7849  department Office, in consultation with Enterprise Florida,
 7850  Inc., economic development organizations, the State University
 7851  System, local governments, employee and employer organizations,
 7852  market analysts, and economists, shall review and, as
 7853  appropriate, revise the list of such target industries and
 7854  submit the list to the Governor, the President of the Senate,
 7855  and the Speaker of the House of Representatives.
 7856         (3) TAX REFUND; ELIGIBLE AMOUNTS.—
 7857         (a) There shall be allowed, from the account, a refund to a
 7858  qualified target industry business for the amount of eligible
 7859  taxes certified by the department Office that were paid by the
 7860  business. The total amount of refunds for all fiscal years for
 7861  each qualified target industry business must be determined
 7862  pursuant to subsection (4). The annual amount of a refund to a
 7863  qualified target industry business must be determined pursuant
 7864  to subsection (6).
 7865         (b)1. Upon approval by the department Office, a qualified
 7866  target industry business shall be allowed tax refund payments
 7867  equal to $3,000 multiplied by the number of jobs specified in
 7868  the tax refund agreement under subparagraph (5)(a)1., or equal
 7869  to $6,000 multiplied by the number of jobs if the project is
 7870  located in a rural community or an enterprise zone.
 7871         2. A qualified target industry business shall be allowed
 7872  additional tax refund payments equal to $1,000 multiplied by the
 7873  number of jobs specified in the tax refund agreement under
 7874  subparagraph (5)(a)1. if such jobs pay an annual average wage of
 7875  at least 150 percent of the average private sector wage in the
 7876  area, or equal to $2,000 multiplied by the number of jobs if
 7877  such jobs pay an annual average wage of at least 200 percent of
 7878  the average private sector wage in the area.
 7879         3. A qualified target industry business shall be allowed
 7880  tax refund payments in addition to the other payments authorized
 7881  in this paragraph equal to $1,000 multiplied by the number of
 7882  jobs specified in the tax refund agreement under subparagraph
 7883  (5)(a)1. if the local financial support is equal to that of the
 7884  state’s incentive award under subparagraph 1.
 7885         4. In addition to the other tax refund payments authorized
 7886  in this paragraph, a qualified target industry business shall be
 7887  allowed a tax refund payment equal to $2,000 multiplied by the
 7888  number of jobs specified in the tax refund agreement under
 7889  subparagraph (5)(a)1. if the business:
 7890         a. Falls within one of the high-impact sectors designated
 7891  under s. 288.108; or
 7892         b. Increases exports of its goods through a seaport or
 7893  airport in the state by at least 10 percent in value or tonnage
 7894  in each of the years that the business receives a tax refund
 7895  under this section. For purposes of this sub-subparagraph,
 7896  seaports in the state are limited to the ports of Jacksonville,
 7897  Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
 7898  Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
 7899  Pensacola, Fernandina, and Key West.
 7900         (e) However, a qualified target industry business may not
 7901  receive a refund under this section for any amount of credit,
 7902  refund, or exemption previously granted to that business for any
 7903  of the taxes listed in paragraph (d). If a refund for such taxes
 7904  is provided by the department office, which taxes are
 7905  subsequently adjusted by the application of any credit, refund,
 7906  or exemption granted to the qualified target industry business
 7907  other than as provided in this section, the business shall
 7908  reimburse the account for the amount of that credit, refund, or
 7909  exemption. A qualified target industry business shall notify and
 7910  tender payment to the department office within 20 days after
 7911  receiving any credit, refund, or exemption other than one
 7912  provided in this section.
 7913         (f) Refunds made available under this section may not be
 7914  expended in connection with the relocation of a business from
 7915  one community to another community in the state unless the
 7916  department Office determines that, without such relocation, the
 7917  business will move outside the state or determines that the
 7918  business has a compelling economic rationale for relocation and
 7919  that the relocation will create additional jobs.
 7920         (4) APPLICATION AND APPROVAL PROCESS.—
 7921         (a) To apply for certification as a qualified target
 7922  industry business under this section, the business must file an
 7923  application with the department Office before the business
 7924  decides to locate in this state or before the business decides
 7925  to expand its existing operations in this state. The application
 7926  must include, but need not be limited to, the following
 7927  information:
 7928         1. The applicant’s federal employer identification number
 7929  and, if applicable, state sales tax registration number.
 7930         2. The proposed permanent location of the applicant’s
 7931  facility in this state at which the project is to be located.
 7932         3. A description of the type of business activity or
 7933  product covered by the project, including a minimum of a five
 7934  digit NAICS code for all activities included in the project. As
 7935  used in this paragraph, “NAICS” means those classifications
 7936  contained in the North American Industry Classification System,
 7937  as published in 2007 by the Office of Management and Budget,
 7938  Executive Office of the President, and updated periodically.
 7939         4. The proposed number of net new full-time equivalent
 7940  Florida jobs at the qualified target industry business as of
 7941  December 31 of each year included in the project and the average
 7942  wage of those jobs. If more than one type of business activity
 7943  or product is included in the project, the number of jobs and
 7944  average wage for those jobs must be separately stated for each
 7945  type of business activity or product.
 7946         5. The total number of full-time equivalent employees
 7947  employed by the applicant in this state, if applicable.
 7948         6. The anticipated commencement date of the project.
 7949         7. A brief statement explaining the role that the estimated
 7950  tax refunds to be requested will play in the decision of the
 7951  applicant to locate or expand in this state.
 7952         8. An estimate of the proportion of the sales resulting
 7953  from the project that will be made outside this state.
 7954         9. An estimate of the proportion of the cost of the
 7955  machinery and equipment, and any other resources necessary in
 7956  the development of its product or service, to be used by the
 7957  business in its Florida operations which will be purchased
 7958  outside this state.
 7959         10. A resolution adopted by the governing board of the
 7960  county or municipality in which the project will be located,
 7961  which resolution recommends that the project be approved as a
 7962  qualified target industry business and specifies that the
 7963  commitments of local financial support necessary for the target
 7964  industry business exist. Before the passage of such resolution,
 7965  the department office may also accept an official letter from an
 7966  authorized local economic development agency that endorses the
 7967  proposed target industry project and pledges that sources of
 7968  local financial support for such project exist. For the purposes
 7969  of making pledges of local financial support under this
 7970  subparagraph, the authorized local economic development agency
 7971  shall be officially designated by the passage of a one-time
 7972  resolution by the local governing board.
 7973         11. Any additional information requested by the department
 7974  Office.
 7975         (b) To qualify for review by the department Office, the
 7976  application of a target industry business must, at a minimum,
 7977  establish the following to the satisfaction of the department
 7978  office:
 7979         1.a. The jobs proposed to be created under the application,
 7980  pursuant to subparagraph (a)4., must pay an estimated annual
 7981  average wage equaling at least 115 percent of the average
 7982  private sector wage in the area where the business is to be
 7983  located or the statewide private sector average wage. The
 7984  governing board of the local governmental entity providing the
 7985  local financial support of the jurisdiction county where the
 7986  qualified target industry business is to be located shall notify
 7987  the department Office and Enterprise Florida, Inc., which
 7988  calculation of the average private sector wage in the area must
 7989  be used as the basis for the business’s wage commitment. In
 7990  determining the average annual wage, the department Office shall
 7991  include only new proposed jobs, and wages for existing jobs
 7992  shall be excluded from this calculation.
 7993         b. The department Office may waive the average wage
 7994  requirement at the request of the local governing body
 7995  recommending the project and Enterprise Florida, Inc. The
 7996  department Office may waive the wage requirement for a project
 7997  located in a brownfield area designated under s. 376.80, in a
 7998  rural city, in a rural community, in an enterprise zone, or for
 7999  a manufacturing project at any location in the state if the jobs
 8000  proposed to be created pay an estimated annual average wage
 8001  equaling at least 100 percent of the average private sector wage
 8002  in the area where the business is to be located, only if the
 8003  merits of the individual project or the specific circumstances
 8004  in the community in relationship to the project warrant such
 8005  action. If the local governing body and Enterprise Florida,
 8006  Inc., make such a recommendation, it must be transmitted in
 8007  writing, and the specific justification for the waiver
 8008  recommendation must be explained. If the department Office
 8009  elects to waive the wage requirement, the waiver must be stated
 8010  in writing, and the reasons for granting the waiver must be
 8011  explained.
 8012         2. The target industry business’s project must result in
 8013  the creation of at least 10 jobs at the project and, in the case
 8014  of an expansion of an existing business, must result in a net
 8015  increase in employment of at least 10 percent at the business.
 8016  At the request of the local governing body recommending the
 8017  project and Enterprise Florida, Inc., the department Office may
 8018  waive this requirement for a business in a rural community or
 8019  enterprise zone if the merits of the individual project or the
 8020  specific circumstances in the community in relationship to the
 8021  project warrant such action. If the local governing body and
 8022  Enterprise Florida, Inc., make such a request, the request must
 8023  be transmitted in writing, and the specific justification for
 8024  the request must be explained. If the department Office elects
 8025  to grant the request, the grant must be stated in writing, and
 8026  the reason for granting the request must be explained.
 8027         3. The business activity or product for the applicant’s
 8028  project must be within an industry identified by the department
 8029  Office as a target industry business that contributes to the
 8030  economic growth of the state and the area in which the business
 8031  is located, that produces a higher standard of living for
 8032  residents of this state in the new global economy, or that can
 8033  be shown to make an equivalent contribution to the area’s and
 8034  state’s economic progress.
 8035         (c) Each application meeting the requirements of paragraph
 8036  (b) must be submitted to the department Office for determination
 8037  of eligibility. The department Office shall review and evaluate
 8038  each application based on, but not limited to, the following
 8039  criteria:
 8040         1. Expected contributions to the state’s economy,
 8041  consistent with the state strategic economic development plan
 8042  prepared by the department adopted by Enterprise Florida, Inc.
 8043         2. The economic benefits return on investment of the
 8044  proposed award of tax refunds under this section and the
 8045  economic benefits of return on investment for state incentives
 8046  proposed for the project. The term “economic benefits” has the
 8047  same meaning as in s. 288.005. The Office of Economic and
 8048  Demographic Research shall review and evaluate the methodology
 8049  and model used to calculate the economic benefits return on
 8050  investment and shall report its findings by September 1 of every
 8051  3rd year, beginning September 1, 2010, to the President of the
 8052  Senate and the Speaker of the House of Representatives.
 8053         3. The amount of capital investment to be made by the
 8054  applicant in this state.
 8055         4. The local financial commitment and support for the
 8056  project.
 8057         5. The effect of the project on the unemployment rate in
 8058  the county where the project will be located.
 8059         6. The effect of the award on the viability of the project
 8060  and the probability that the project would be undertaken in this
 8061  state if such tax refunds are granted to the applicant.
 8062         7. The expected long-term commitment of the applicant to
 8063  economic growth and employment in this state resulting from the
 8064  project.
 8065         8. A review of the business’s past activities in this state
 8066  or other states, including whether such business has been
 8067  subjected to criminal or civil fines and penalties. This
 8068  subparagraph does not require the disclosure of confidential
 8069  information.
 8070         (d) Applications shall be reviewed and certified pursuant
 8071  to s. 288.061. The department Office shall include in its review
 8072  projections of the tax refunds the business would be eligible to
 8073  receive in each fiscal year based on the creation and
 8074  maintenance of the net new Florida jobs specified in
 8075  subparagraph (a)4. as of December 31 of the preceding state
 8076  fiscal year. If appropriate, the department Office shall enter
 8077  into a written agreement with the qualified target industry
 8078  business pursuant to subsection (5).
 8079         (e) The department Office may not certify any target
 8080  industry business as a qualified target industry business if the
 8081  value of tax refunds to be included in that letter of
 8082  certification exceeds the available amount of authority to
 8083  certify new businesses as determined in s. 288.095(3). However,
 8084  if the commitments of local financial support represent less
 8085  than 20 percent of the eligible tax refund payments, or to
 8086  otherwise preserve the viability and fiscal integrity of the
 8087  program, the department office may certify a qualified target
 8088  industry business to receive tax refund payments of less than
 8089  the allowable amounts specified in paragraph (3)(b). A letter of
 8090  certification that approves an application must specify the
 8091  maximum amount of tax refund that will be available to the
 8092  qualified industry business in each fiscal year and the total
 8093  amount of tax refunds that will be available to the business for
 8094  all fiscal years.
 8095         (f) This section does not create a presumption that an
 8096  applicant will receive any tax refunds under this section.
 8097  However, the department Office may issue nonbinding opinion
 8098  letters, upon the request of prospective applicants, as to the
 8099  applicants’ eligibility and the potential amount of refunds.
 8100         (5) TAX REFUND AGREEMENT.—
 8101         (a) Each qualified target industry business must enter into
 8102  a written agreement with the department Office that specifies,
 8103  at a minimum:
 8104         1. The total number of full-time equivalent jobs in this
 8105  state that will be dedicated to the project, the average wage of
 8106  those jobs, the definitions that will apply for measuring the
 8107  achievement of these terms during the pendency of the agreement,
 8108  and a time schedule or plan for when such jobs will be in place
 8109  and active in this state.
 8110         2. The maximum amount of tax refunds that the qualified
 8111  target industry business is eligible to receive on the project
 8112  and the maximum amount of a tax refund that the qualified target
 8113  industry business is eligible to receive for each fiscal year,
 8114  based on the job creation and maintenance schedule specified in
 8115  subparagraph 1.
 8116         3. That the department Office may review and verify the
 8117  financial and personnel records of the qualified target industry
 8118  business to ascertain whether that business is in compliance
 8119  with this section.
 8120         4. The date by which, in each fiscal year, the qualified
 8121  target industry business may file a claim under subsection (6)
 8122  to be considered to receive a tax refund in the following fiscal
 8123  year.
 8124         5. That local financial support will be annually available
 8125  and will be paid to the account. The department Office may not
 8126  enter into a written agreement with a qualified target industry
 8127  business if the local financial support resolution is not passed
 8128  by the local governing body within 90 days after the department
 8129  Office has issued the letter of certification under subsection
 8130  (4).
 8131         6. That the department Office may conduct a review of the
 8132  business to evaluate whether the business is continuing to
 8133  contribute to the area’s or state’s economy.
 8134         7. That in the event the business does not complete the
 8135  agreement, the business will provide the department Office with
 8136  the reasons the business was unable to complete the agreement.
 8137         (b) Compliance with the terms and conditions of the
 8138  agreement is a condition precedent for the receipt of a tax
 8139  refund each year. The failure to comply with the terms and
 8140  conditions of the tax refund agreement results in the loss of
 8141  eligibility for receipt of all tax refunds previously authorized
 8142  under this section and the revocation by the department Office
 8143  of the certification of the business entity as a qualified
 8144  target industry business, unless the business is eligible to
 8145  receive and elects to accept a prorated refund under paragraph
 8146  (6)(e) or the department Office grants the business an economic
 8147  recovery extension.
 8148         1. A qualified target industry business may submit a
 8149  request to the department Office for an economic recovery
 8150  extension. The request must provide quantitative evidence
 8151  demonstrating how negative economic conditions in the business’s
 8152  industry, the effects of a named hurricane or tropical storm, or
 8153  specific acts of terrorism affecting the qualified target
 8154  industry business have prevented the business from complying
 8155  with the terms and conditions of its tax refund agreement.
 8156         2. Upon receipt of a request under subparagraph 1., the
 8157  department Office has 45 days to notify the requesting business,
 8158  in writing, whether its extension has been granted or denied. In
 8159  determining whether an extension should be granted, the
 8160  department Office shall consider the extent to which negative
 8161  economic conditions in the requesting business’s industry have
 8162  occurred in the state or the effects of a named hurricane or
 8163  tropical storm or specific acts of terrorism affecting the
 8164  qualified target industry business have prevented the business
 8165  from complying with the terms and conditions of its tax refund
 8166  agreement. The department Office shall consider current
 8167  employment statistics for this state by industry, including
 8168  whether the business’s industry had substantial job loss during
 8169  the prior year, when determining whether an extension shall be
 8170  granted.
 8171         3. As a condition for receiving a prorated refund under
 8172  paragraph (6)(e) or an economic recovery extension under this
 8173  paragraph, a qualified target industry business must agree to
 8174  renegotiate its tax refund agreement with the department Office
 8175  to, at a minimum, ensure that the terms of the agreement comply
 8176  with current law and the department’s office procedures
 8177  governing application for and award of tax refunds. Upon
 8178  approving the award of a prorated refund or granting an economic
 8179  recovery extension, the department Office shall renegotiate the
 8180  tax refund agreement with the business as required by this
 8181  subparagraph. When amending the agreement of a business
 8182  receiving an economic recovery extension, the department Office
 8183  may extend the duration of the agreement for a period not to
 8184  exceed 2 years.
 8185         4. A qualified target industry business may submit a
 8186  request for an economic recovery extension to the department
 8187  Office in lieu of any tax refund claim scheduled to be submitted
 8188  after January 1, 2009, but before July 1, 2012.
 8189         5. A qualified target industry business that receives an
 8190  economic recovery extension may not receive a tax refund for the
 8191  period covered by the extension.
 8192         (c) The agreement must be signed by the executive director
 8193  and by an authorized officer of the qualified target industry
 8194  business within 120 days after the issuance of the letter of
 8195  certification under subsection (4), but not before passage and
 8196  receipt of the resolution of local financial support. The
 8197  department Office may grant an extension of this period at the
 8198  written request of the qualified target industry business.
 8199         (6) ANNUAL CLAIM FOR REFUND.—
 8200         (a) To be eligible to claim any scheduled tax refund, a
 8201  qualified target industry business that has entered into a tax
 8202  refund agreement with the department Office under subsection (5)
 8203  must apply by January 31 of each fiscal year to the department
 8204  office for the tax refund scheduled to be paid from the
 8205  appropriation for the fiscal year that begins on July 1
 8206  following the January 31 claims-submission date. The department
 8207  Office may, upon written request, grant a 30-day extension of
 8208  the filing date.
 8209         (c) The department Office may waive the requirement for
 8210  proof of taxes paid in future years for a qualified target
 8211  industry business that provides the office with proof that, in a
 8212  single year, the business has paid an amount of state taxes from
 8213  the categories in paragraph (3)(d) that is at least equal to the
 8214  total amount of tax refunds that the business may receive
 8215  through successful completion of its tax refund agreement.
 8216         (f) The department Office, with such assistance as may be
 8217  required from the Department of Revenue or the Agency for
 8218  Workforce Innovation, shall, by June 30 following the scheduled
 8219  date for submission of the tax refund claim, specify by written
 8220  order the approval or disapproval of the tax refund claim and,
 8221  if approved, the amount of the tax refund that is authorized to
 8222  be paid to the qualified target industry business for the annual
 8223  tax refund. The department Office may grant an extension of this
 8224  date on the request of the qualified target industry business
 8225  for the purpose of filing additional information in support of
 8226  the claim.
 8227         (g) The total amount of tax refund claims approved by the
 8228  department Office under this section in any fiscal year must not
 8229  exceed the amount authorized under s. 288.095(3).
 8230         (7) ADMINISTRATION.—
 8231         (a) The department Office may verify information provided
 8232  in any claim submitted for tax credits under this section with
 8233  regard to employment and wage levels or the payment of the taxes
 8234  to the appropriate agency or authority, including the Department
 8235  of Revenue, the Agency for Workforce Innovation, or any local
 8236  government or authority.
 8237         (b) To facilitate the process of monitoring and auditing
 8238  applications made under this section, the department Office may
 8239  provide a list of qualified target industry businesses to the
 8240  Department of Revenue, to the Agency for Workforce Innovation,
 8241  or to any local government or authority. The department Office
 8242  may request the assistance of those entities with respect to
 8243  monitoring jobs, wages, and the payment of the taxes listed in
 8244  subsection (3).
 8245         (c) Funds specifically appropriated for tax refunds for
 8246  qualified target industry businesses under this section may not
 8247  be used by the department Office for any purpose other than the
 8248  payment of tax refunds authorized by this section.
 8249         (d) Beginning with tax refund agreements signed after July
 8250  1, 2010, the department Office shall attempt to ascertain the
 8251  causes for any business’s failure to complete its agreement and
 8252  shall report its findings and recommendations to the Governor,
 8253  the President of the Senate, and the Speaker of the House of
 8254  Representatives. The report shall be submitted by December 1 of
 8255  each year beginning in 2011.
 8256         (8) SPECIAL INCENTIVES.—If the department determines it is
 8257  in the best interest of the public for reasons of facilitating
 8258  economic development, growth, or new employment opportunities
 8259  within a Disproportionally Affected County, the department may,
 8260  between July 1, 2011, and June 30, 2014, waive any or all wage
 8261  or local financial support eligibility requirements and allow a
 8262  qualified target industry business from another state which
 8263  relocates all or a portion of its business to a
 8264  Disproportionally Affected County to receive a tax refund
 8265  payment of up to $6,000 multiplied by the number of jobs
 8266  specified in the tax refund agreement under subparagraph
 8267  (5)(a)1. over the term of the agreement. Prior to granting such
 8268  waiver, the executive director of the department shall file with
 8269  the Governor a written statement of the conditions and
 8270  circumstances constituting the reason for the waiver. Such
 8271  business shall be eligible for the additional tax refund
 8272  payments specified in subparagraph (3)(b)4. if it meets the
 8273  criteria. As used in this section, the term “Disproportionally
 8274  Affected County” means Bay County, Escambia County, Franklin
 8275  County, Gulf County, Okaloosa County, Santa Rosa County, Walton
 8276  County, or Wakulla County.
 8277         Section 151. Paragraphs (d), (e), (f), (g) and (h) of
 8278  subsection (1), subsection (2), paragraphs (a), (b), (f), (g),
 8279  (h), and (i) of subsection (4), and subsection (5) of section
 8280  288.107, Florida Statutes, are amended to read:
 8281         288.107 Brownfield redevelopment bonus refunds.—
 8282         (1) DEFINITIONS.—As used in this section:
 8283         (d) “Director” means the director of the Office of Tourism,
 8284  Trade, and Economic Development.
 8285         (d)(e) “Eligible business” means:
 8286         1. A qualified target industry business as defined in s.
 8287  288.106(2); or
 8288         2. A business that can demonstrate a fixed capital
 8289  investment of at least $2 million in mixed-use business
 8290  activities, including multiunit housing, commercial, retail, and
 8291  industrial in brownfield areas, or at least $500,000 in
 8292  brownfield areas that do not require site cleanup, and that
 8293  provides benefits to its employees.
 8294         (e)(f) “Jobs” means full-time equivalent positions,
 8295  including, but not limited to, positions obtained from a
 8296  temporary employment agency or employee leasing company or
 8297  through a union agreement or coemployment under a professional
 8298  employer organization agreement, that result directly from a
 8299  project in this state. The term does not include temporary
 8300  construction jobs involved with the construction of facilities
 8301  for the project and which are not associated with the
 8302  implementation of the site rehabilitation as provided in s.
 8303  376.80.
 8304         (g) “Office” means The Office of Tourism, Trade, and
 8305  Economic Development.
 8306         (f)(h) “Project” means the creation of a new business or
 8307  the expansion of an existing business as defined in s. 288.106.
 8308         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
 8309  shall be approved by the department Office as specified in the
 8310  final order and allowed from the account as follows:
 8311         (a) A bonus refund of $2,500 shall be allowed to any
 8312  qualified target industry business as defined in s. 288.106 for
 8313  each new Florida job created in a brownfield area that is
 8314  claimed on the qualified target industry business’s annual
 8315  refund claim authorized in s. 288.106(6).
 8316         (b) A bonus refund of up to $2,500 shall be allowed to any
 8317  other eligible business as defined in subparagraph (1)(d)2.
 8318  subparagraph (1)(e)2. for each new Florida job created in a
 8319  brownfield area that is claimed under an annual claim procedure
 8320  similar to the annual refund claim authorized in s. 288.106(6).
 8321  The amount of the refund shall be equal to 20 percent of the
 8322  average annual wage for the jobs created.
 8323         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 8324         (a) To be eligible to receive a bonus refund for new
 8325  Florida jobs created in a brownfield area, a business must have
 8326  been certified as a qualified target industry business under s.
 8327  288.106 or eligible business as defined in paragraph (1)(d)
 8328  paragraph (1)(e) and must have indicated on the qualified target
 8329  industry business tax refund application form submitted in
 8330  accordance with s. 288.106(4) or other similar agreement for
 8331  other eligible business as defined in paragraph (1)(d) paragraph
 8332  (1)(e) that the project for which the application is submitted
 8333  is or will be located in a brownfield area and that the business
 8334  is applying for certification as a qualified brownfield business
 8335  under this section, and must have signed a qualified target
 8336  industry business tax refund agreement with the department
 8337  Office that indicates that the business has been certified as a
 8338  qualified target industry business located in a brownfield area
 8339  and specifies the schedule of brownfield redevelopment bonus
 8340  refunds that the business may be eligible to receive in each
 8341  fiscal year.
 8342         (b) To be considered to receive an eligible brownfield
 8343  redevelopment bonus refund payment, the business meeting the
 8344  requirements of paragraph (a) must submit a claim once each
 8345  fiscal year on a claim form approved by the department Office
 8346  which indicates the location of the brownfield, the address of
 8347  the business facility’s brownfield location, the name of the
 8348  brownfield in which it is located, the number of jobs created,
 8349  and the average wage of the jobs created by the business within
 8350  the brownfield as defined in s. 288.106 or other eligible
 8351  business as defined in paragraph (1)(d) paragraph (1)(e) and the
 8352  administrative rules and policies for that section.
 8353         (f) Applications shall be reviewed and certified pursuant
 8354  to s. 288.061. The department Office shall review all
 8355  applications submitted under s. 288.106 or other similar
 8356  application forms for other eligible businesses as defined in
 8357  paragraph (1)(d) paragraph (1)(e) which indicate that the
 8358  proposed project will be located in a brownfield and determine,
 8359  with the assistance of the Department of Environmental
 8360  Protection, that the project location is within a brownfield as
 8361  provided in this act.
 8362         (g) The department Office shall approve all claims for a
 8363  brownfield redevelopment bonus refund payment that are found to
 8364  meet the requirements of paragraphs (b) and (d).
 8365         (h) The department director, with such assistance as may be
 8366  required from the Office and the Department of Environmental
 8367  Protection, shall specify by written final order the amount of
 8368  the brownfield redevelopment bonus refund that is authorized for
 8369  the qualified target industry business for the fiscal year
 8370  within 30 days after the date that the claim for the annual tax
 8371  refund is received by the department office.
 8372         (i) The total amount of the bonus refunds approved by the
 8373  department director under this section in any fiscal year must
 8374  not exceed the total amount appropriated to the Economic
 8375  Development Incentives Account for this purpose for the fiscal
 8376  year. In the event that the Legislature does not appropriate an
 8377  amount sufficient to satisfy projections by the department
 8378  Office for brownfield redevelopment bonus refunds under this
 8379  section in a fiscal year, the department Office shall, not later
 8380  than July 15 of such year, determine the proportion of each
 8381  brownfield redevelopment bonus refund claim which shall be paid
 8382  by dividing the amount appropriated for tax refunds for the
 8383  fiscal year by the projected total of brownfield redevelopment
 8384  bonus refund claims for the fiscal year. The amount of each
 8385  claim for a brownfield redevelopment bonus tax refund shall be
 8386  multiplied by the resulting quotient. If, after the payment of
 8387  all such refund claims, funds remain in the Economic Development
 8388  Incentives Account for brownfield redevelopment tax refunds, the
 8389  department Office shall recalculate the proportion for each
 8390  refund claim and adjust the amount of each claim accordingly.
 8391         (5) ADMINISTRATION.—
 8392         (a) The department Office may verify information provided
 8393  in any claim submitted for tax credits under this section with
 8394  regard to employment and wage levels or the payment of the taxes
 8395  to the appropriate agency or authority, including the Department
 8396  of Revenue, the Agency for Workforce Innovation, or any local
 8397  government or authority.
 8398         (b) To facilitate the process of monitoring and auditing
 8399  applications made under this program, the department Office may
 8400  provide a list of qualified target industry businesses to the
 8401  Department of Revenue, to the Agency for Workforce Innovation,
 8402  to the Department of Environmental Protection, or to any local
 8403  government authority. The department office may request the
 8404  assistance of those entities with respect to monitoring the
 8405  payment of the taxes listed in s. 288.106(3).
 8406         Section 152. Subsection (2), paragraphs (b), (d), and (e)
 8407  of subsection (3), subsection (4), paragraphs (a) and (c) of
 8408  subsection (5), and subsections (6) and (7) of section 288.108,
 8409  Florida Statutes, are amended to read:
 8410         288.108 High-impact business.—
 8411         (2) DEFINITIONS.—As used in this section, the term:
 8412         (c)(a) “Eligible high-impact business” means a business in
 8413  one of the high-impact sectors identified by Enterprise Florida,
 8414  Inc., and certified by the department Office of Tourism, Trade,
 8415  and Economic Development as provided in subsection (5), which is
 8416  making a cumulative investment in the state of at least $50
 8417  million and creating at least 50 new full-time equivalent jobs
 8418  in the state or a research and development facility making a
 8419  cumulative investment of at least $25 million and creating at
 8420  least 25 new full-time equivalent jobs. Such investment and
 8421  employment must be achieved in a period not to exceed 3 years
 8422  after the date the business is certified as a qualified high
 8423  impact business.
 8424         (f)(b) “Qualified high-impact business” means a business in
 8425  one of the high-impact sectors that has been certified by the
 8426  department office as a qualified high-impact business to receive
 8427  a high-impact sector performance grant.
 8428         (c)“Office” means the Office of Tourism, Trade, and
 8429  Economic Development.
 8430         (d)“Director” means the director of the Office of Tourism,
 8431  Trade, and Economic Development.
 8432         (b)(e) “Cumulative investment” means the total investment
 8433  in buildings and equipment made by a qualified high-impact
 8434  business since the beginning of construction of such facility.
 8435         (d)(f) “Fiscal year” means the fiscal year of the state.
 8436         (e)(g) “Jobs” means full-time equivalent positions,
 8437  including, but not limited to, positions obtained from a
 8438  temporary employment agency or employee leasing company or
 8439  through a union agreement or coemployment under a professional
 8440  employer organization agreement, that result directly from a
 8441  project in this state. The term does not include temporary
 8442  construction jobs involved in the construction of the project
 8443  facility.
 8444         (a)(h) “Commencement of operations” means that the
 8445  qualified high-impact business has begun to actively operate the
 8446  principal function for which the facility was constructed as
 8447  determined by the department office and specified in the
 8448  qualified high-impact business agreement.
 8449         (g)(i) “Research and development” means basic and applied
 8450  research in science or engineering, as well as the design,
 8451  development, and testing of prototypes or processes of new or
 8452  improved products. Research and development does not mean market
 8453  research, routine consumer product testing, sales research,
 8454  research in the social sciences or psychology, nontechnological
 8455  activities or technical services.
 8456         (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
 8457  AMOUNTS.—
 8458         (b) The department Office may, in consultation with
 8459  Enterprise Florida, Inc., negotiate qualified high-impact
 8460  business performance grant awards for any single qualified high
 8461  impact business. In negotiating such awards, the department
 8462  Office shall consider the following guidelines in conjunction
 8463  with other relevant applicant impact and cost information and
 8464  analysis as required in subsection (5).
 8465         1. A qualified high-impact business making a cumulative
 8466  investment of $50 million and creating 50 jobs may be eligible
 8467  for a total qualified high-impact business performance grant of
 8468  $500,000 to $1 million.
 8469         2. A qualified high-impact business making a cumulative
 8470  investment of $100 million and creating 100 jobs may be eligible
 8471  for a total qualified high-impact business performance grant of
 8472  $1 million to $2 million.
 8473         3. A qualified high-impact business making a cumulative
 8474  investment of $800 million and creating 800 jobs may be eligible
 8475  for a qualified high-impact business performance grant of $10
 8476  million to $12 million.
 8477         4. A qualified high-impact business engaged in research and
 8478  development making a cumulative investment of $25 million and
 8479  creating 25 jobs may be eligible for a total qualified high
 8480  impact business performance grant of $700,000 to $1 million.
 8481         5. A qualified high-impact business engaged in research and
 8482  development making a cumulative investment of $75 million, and
 8483  creating 75 jobs may be eligible for a total qualified high
 8484  impact business performance grant of $2 million to $3 million.
 8485         6. A qualified high-impact business engaged in research and
 8486  development making a cumulative investment of $150 million, and
 8487  creating 150 jobs may be eligible for a qualified high-impact
 8488  business performance grant of $3.5 million to $4.5 million.
 8489         (d) The balance of the performance grant award shall be
 8490  paid to the qualified high-impact business upon the business’s
 8491  certification that full operations have commenced and that the
 8492  full investment and employment goals specified in the qualified
 8493  high-impact business agreement have been met and verified by the
 8494  department Office of Tourism, Trade, and Economic Development.
 8495  The verification must occur not later than 60 days after the
 8496  qualified high-impact business has provided the certification
 8497  specified in this paragraph.
 8498         (e) The department office may, upon a showing of reasonable
 8499  cause for delay and significant progress toward the achievement
 8500  of the investment and employment goals specified in the
 8501  qualified high-impact business agreement, extend the date for
 8502  commencement of operations, not to exceed an additional 2 years
 8503  beyond the limit specified in paragraph (2)(a), but in no case
 8504  may any high-impact sector performance grant payment be made to
 8505  the business until the scheduled goals have been achieved.
 8506         (4) OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
 8507  AUTHORITY TO APPROVE QUALIFIED HIGH-IMPACT BUSINESS PERFORMANCE
 8508  GRANTS.—
 8509         (a) The total amount of active performance grants scheduled
 8510  for payment by the department office in any single fiscal year
 8511  may not exceed the lesser of $30 million or the amount
 8512  appropriated by the Legislature for that fiscal year for
 8513  qualified high-impact business performance grants. If the
 8514  scheduled grant payments are not made in the year for which they
 8515  were scheduled in the qualified high-impact business agreement
 8516  and are rescheduled as authorized in paragraph (3)(e), they are,
 8517  for purposes of this paragraph, deemed to have been paid in the
 8518  year in which they were originally scheduled in the qualified
 8519  high-impact business agreement.
 8520         (b) If the Legislature does not appropriate an amount
 8521  sufficient to satisfy the qualified high-impact business
 8522  performance grant payments scheduled for any fiscal year, the
 8523  department Office shall, not later than July 15 of that year,
 8524  determine the proportion of each grant payment which may be paid
 8525  by dividing the amount appropriated for qualified high-impact
 8526  business performance grant payments for the fiscal year by the
 8527  total performance grant payments scheduled in all performance
 8528  grant agreements for the fiscal year. The amount of each grant
 8529  scheduled for payment in that fiscal year must be multiplied by
 8530  the resulting quotient. All businesses affected by this
 8531  calculation must be notified by August 1 of each fiscal year.
 8532  If, after the payment of all the refund claims, funds remain in
 8533  the appropriation for payment of qualified high-impact business
 8534  performance grants, the department Office shall recalculate the
 8535  proportion for each performance grant payment and adjust the
 8536  amount of each claim accordingly.
 8537         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 8538         (a) The department shall review an application pursuant to
 8539  s. 288.061 which is received from any eligible business, as
 8540  defined in subsection (2), shall apply to Enterprise Florida,
 8541  Inc., for consideration as a qualified high-impact business
 8542  before the business has made a decision to locate or expand a
 8543  facility in this state. The business must provide application,
 8544  developed by the Office of Tourism, Trade, and Economic
 8545  Development, in consultation with Enterprise Florida, Inc., must
 8546  include, but is not limited to, the following information:
 8547         1. A complete description of the type of facility, business
 8548  operations, and product or service associated with the project.
 8549         2. The number of full-time equivalent jobs that will be
 8550  created by the project and the average annual wage of those
 8551  jobs.
 8552         3. The cumulative amount of investment to be dedicated to
 8553  this project within 3 years.
 8554         4. A statement concerning any special impacts the facility
 8555  is expected to stimulate in the sector, the state, or regional
 8556  economy and in state universities and community colleges.
 8557         5. A statement concerning the role the grant will play in
 8558  the decision of the applicant business to locate or expand in
 8559  this state.
 8560         6. Any additional information requested by the department
 8561  Enterprise Florida, Inc., and the Office of Tourism, Trade, and
 8562  Economic Development.
 8563         (c) The department director and the qualified high-impact
 8564  business shall enter into a performance grant agreement setting
 8565  forth the conditions for payment of the qualified high-impact
 8566  business performance grant. The agreement shall include the
 8567  total amount of the qualified high-impact business facility
 8568  performance grant award, the performance conditions that must be
 8569  met to obtain the award, including the employment, average
 8570  salary, investment, the methodology for determining if the
 8571  conditions have been met, and the schedule of performance grant
 8572  payments.
 8573         (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.—
 8574         (a) Enterprise Florida, Inc., shall, by January 1, of every
 8575  third year, beginning January 1, 2011, initiate the process of
 8576  reviewing and, if appropriate, selecting a new high-impact
 8577  sector for designation or recommending the deactivation of a
 8578  designated high-impact sector. The process of reviewing
 8579  designated high-impact sectors or recommending the deactivation
 8580  of a designated high-impact sector shall be in consultation with
 8581  the department office, economic development organizations, the
 8582  State University System, local governments, employee and
 8583  employer organizations, market analysts, and economists.
 8584         (b) The department Office has authority, only after
 8585  recommendation from Enterprise Florida, Inc., to designate a
 8586  high-impact sector or to deauthorize a designated high-impact
 8587  sector.
 8588         (c) To begin the process of selecting and designating a new
 8589  high-impact sector, Enterprise Florida, Inc., shall undertake a
 8590  thorough study of the proposed sector. This study must consider
 8591  the definition of the sector, including the types of facilities
 8592  which characterize the sector that might qualify for a high
 8593  impact performance grant and whether a powerful incentive like
 8594  the high-impact performance grant is needed to induce major
 8595  facilities in the sector to locate or grow in this state; the
 8596  benefits that major facilities in the sector have or could have
 8597  on the state’s economy and the relative significance of those
 8598  benefits; the needs of the sector and major sector facilities,
 8599  including natural, public, and human resources and benefits and
 8600  costs with regard to these resources; the sector’s current and
 8601  future markets; the current fiscal and potential fiscal impacts
 8602  of the sector, to both the state and its communities; any
 8603  geographic opportunities or limitations with regard to the
 8604  sector, including areas of the state most likely to benefit from
 8605  the sector and areas unlikely to benefit from the sector; the
 8606  state’s advantages or disadvantages with regard to the sector;
 8607  and the long-term expectations for the industry on a global
 8608  level and in the state. If Enterprise Florida, Inc., finds
 8609  favorable conditions for the designation of the sector as a
 8610  high-impact sector, it shall include in the study
 8611  recommendations for a complete and comprehensive sector
 8612  strategy, including appropriate marketing and workforce
 8613  strategies for the entire sector and any recommendations that
 8614  Enterprise Florida, Inc., may have for statutory or policy
 8615  changes needed to improve the state’s business climate and to
 8616  attract and grow Florida businesses, particularly small
 8617  businesses, in the proposed sector. The study shall reflect the
 8618  finding of the sector-business network specified in paragraph
 8619  (d).
 8620         (d) In conjunction with the study required in paragraph
 8621  (c), Enterprise Florida, Inc., shall develop and consult with a
 8622  network of sector businesses. While this network may include
 8623  non-Florida businesses, it must include any businesses currently
 8624  within the state. If the number of Florida businesses in the
 8625  sector is large, a representative cross-section of Florida
 8626  sector businesses may form the core of this network.
 8627         (e) The study and its findings and recommendations and the
 8628  recommendations gathered from the sector-business network must
 8629  be discussed and considered during at least one the meeting per
 8630  calendar year of leaders in business, government, education,
 8631  workforce development, and economic development called by the
 8632  Governor to address the business climate in the state, develop a
 8633  common vision for the economic future of the state, and identify
 8634  economic development efforts to fulfill that vision required in
 8635  s. 14.2015(2)(e).
 8636         (f) If after consideration of the completed study required
 8637  in paragraph (c) and the input derived from consultation with
 8638  the sector-business network in paragraph (d) and the quarterly
 8639  meeting as required in paragraph (e), the board of directors of
 8640  Enterprise Florida, Inc., finds that the sector will have
 8641  exceptionally large and widespread benefits to the state and its
 8642  citizens, relative to any public costs; that the sector is
 8643  characterized by the types of facilities that require
 8644  exceptionally large investments and provide employment
 8645  opportunities to a relatively large number of workers in high
 8646  quality, high-income jobs that might qualify for a high-impact
 8647  performance grant; and that given the competition for such
 8648  businesses it may be necessary for the state to be able to offer
 8649  a large inducement, such as a high-impact performance grant, to
 8650  attract such a business to the state or to encourage businesses
 8651  to continue to grow in the state, the board of directors of
 8652  Enterprise Florida, Inc., may recommend that the department
 8653  office consider the designation of the sector as a high-impact
 8654  business sector.
 8655         (g) Upon receiving a recommendation from the board of
 8656  directors of Enterprise Florida, Inc., together with the study
 8657  required in paragraph (c) and a summary of the findings and
 8658  recommendations of the sector-business network required in
 8659  paragraph (d), including a list of all meetings of the sector
 8660  network and participants in those meetings and the findings and
 8661  recommendations from the quarterly meeting as required in
 8662  paragraph (e), the department Office shall after a thorough
 8663  evaluation of the study and accompanying materials report its
 8664  findings and either concur in the recommendation of Enterprise
 8665  Florida, Inc., and designate the sector as a high-impact
 8666  business sector or notify Enterprise Florida, Inc., that it does
 8667  not concur and deny the board’s request for designation or
 8668  return the recommendation and study to Enterprise Florida, Inc.,
 8669  for further evaluation. In any case, the department’s director’s
 8670  decision must be in writing and justify the reasons for the
 8671  decision.
 8672         (h) If the department Office designates the sector as a
 8673  high-impact sector, it shall, within 30 days, notify the
 8674  Governor, the President of the Senate, and the Speaker of the
 8675  House of Representatives of its decision and provide a complete
 8676  report on its decision, including copies of the material
 8677  provided by Enterprise Florida, Inc., and the department’s
 8678  Office of Tourism, Trade, and Economic Development’s evaluation
 8679  and comment on any statutory or policy changes recommended by
 8680  Enterprise Florida, Inc.
 8681         (i) For the purposes of this subsection, a high-impact
 8682  sector consists of the silicon technology sector that Enterprise
 8683  Florida, Inc., has found to be focused around the type of high
 8684  impact businesses for which the incentive created in this
 8685  subsection is required and will create the kinds of sector and
 8686  economy wide benefits that justify the use of state resources to
 8687  encourage these investments and require substantial inducements
 8688  to compete with the incentive packages offered by other states
 8689  and nations.
 8690         (7) RULEMAKING.—The department Office may adopt rules
 8691  necessary to carry out the provisions of this section.
 8692         Section 153. Subsections (1), (2), (4), (5), (6), and (9)
 8693  of section 288.1083, Florida Statutes, are amended to read:
 8694         288.1083 Manufacturing and Spaceport Investment Incentive
 8695  Program.—
 8696         (1) The Manufacturing and Spaceport Investment Incentive
 8697  Program is created within the department office of Tourism,
 8698  Trade, and Economic Development. The purpose of the program is
 8699  to encourage capital investment and job creation in
 8700  manufacturing and spaceport activities in this state.
 8701         (2) As used in this section, the term:
 8702         (a) “Base year purchases” means the total cost of eligible
 8703  equipment purchased and placed into service in this state by an
 8704  eligible entity in its tax year that began in 2008.
 8705         (b)“Department” means the Department of Revenue.
 8706         (b)(c) “Eligible entity” means an entity that manufactures,
 8707  processes, compounds, or produces items for sale of tangible
 8708  personal property or engages in spaceport activities. The term
 8709  also includes an entity that engages in phosphate or other solid
 8710  minerals severance, mining, or processing operations. The term
 8711  does not include electric utility companies, communications
 8712  companies, oil or gas exploration or production operations,
 8713  publishing firms that do not export at least 50 percent of their
 8714  finished product out of the state, any firm subject to
 8715  regulation by the Division of Hotels and Restaurants of the
 8716  Department of Business and Professional Regulation, or any firm
 8717  that does not manufacture, process, compound, or produce for
 8718  sale items of tangible personal property or that does not use
 8719  such machinery and equipment in spaceport activities.
 8720         (c)(d) “Eligible equipment” means tangible personal
 8721  property or other property that has a depreciable life of 3
 8722  years or more and that is used as an integral part in the
 8723  manufacturing, processing, compounding, or production of
 8724  tangible personal property for sale or is exclusively used in
 8725  spaceport activities, and that is located and placed into
 8726  service in this state. A building and its structural components
 8727  are not eligible equipment unless the building or structural
 8728  component is so closely related to the industrial machinery and
 8729  equipment that it houses or supports that the building or
 8730  structural component can be expected to be replaced when the
 8731  machinery and equipment are replaced. Heating and air
 8732  conditioning systems are not eligible equipment unless the sole
 8733  justification for their installation is to meet the requirements
 8734  of the production process, even though the system may provide
 8735  incidental comfort to employees or serve, to an insubstantial
 8736  degree, nonproduction activities. The term includes parts and
 8737  accessories only to the extent that the exemption of such parts
 8738  and accessories is consistent with the provisions of this
 8739  paragraph.
 8740         (d)(e) “Eligible equipment purchases” means the cost of
 8741  eligible equipment purchased and placed into service in this
 8742  state in a given state fiscal year by an eligible entity in
 8743  excess of the entity’s base year purchases.
 8744         (f)“Office” means The Office of Tourism, Trade, and
 8745  Economic Development.
 8746         (e)(g) “Refund” means a payment to an eligible entity for
 8747  the amount of state sales and use tax actually paid on eligible
 8748  equipment purchases.
 8749         (4) To receive a refund, a business entity must first apply
 8750  to the department office for a tax refund allocation. The entity
 8751  shall provide such information in the application as reasonably
 8752  required by the department office. Further, the business entity
 8753  shall provide such information as is required by the department
 8754  office to establish the cost incurred and actual sales and use
 8755  tax paid to purchase eligible equipment located and placed into
 8756  service in this state during its taxable year that began in
 8757  2008.
 8758         (a) Within 30 days after the department office receives an
 8759  application for a refund, the department office shall approve or
 8760  disapprove the application.
 8761         (b) Refund allocations made during the 2010-2011 fiscal
 8762  year shall be awarded in the same order in which applications
 8763  are received. Eligible entities may apply to the department
 8764  office beginning July 1, 2010, for refunds attributable to
 8765  eligible equipment purchases made during the 2010-2011 fiscal
 8766  year. For the 2010-2011 fiscal year, the department office shall
 8767  allocate the maximum amount of $50,000 per entity until the
 8768  entire $19 million available for refund in state fiscal year
 8769  2010-2011 has been allocated. If the total amount available for
 8770  allocation during the 2010-2011 fiscal year is allocated, the
 8771  department office shall continue taking applications. Each
 8772  applicant shall be informed of its place in the queue and
 8773  whether the applicant received an allocation of the eligible
 8774  funds.
 8775         (c) Refund allocations made during the 2011-2012 fiscal
 8776  year shall first be given to any applicants remaining in the
 8777  queue from the prior fiscal year. The department office shall
 8778  allocate the maximum amount of $50,000 per entity, first to
 8779  those applicants that remained in the queue from 2010-2011 for
 8780  eligible purchases in 2010-2011, then to applicants for 2011
 8781  2012 in the order applications are received for eligible
 8782  purchases in 2011-2012. The department office shall allocate the
 8783  maximum amount of $50,000 per entity until the entire $24
 8784  million available to be allocated for refund in the 2011-2012
 8785  fiscal year is allocated. If the total amount available for
 8786  refund in 2011-2012 has been allocated, the department office
 8787  shall continue to accept applications from eligible entities in
 8788  the 2011-2012 fiscal year for refunds attributable to eligible
 8789  equipment purchases made during the 2011-2012 fiscal year.
 8790  Refund allocations made during the 2011-2012 fiscal year shall
 8791  be awarded in the same order in which applications are received.
 8792  Upon submitting an application, each applicant shall be informed
 8793  of its place in the queue and whether the applicant has received
 8794  an allocation of the eligible funds.
 8795         (5) Upon completion of eligible equipment purchases, a
 8796  business entity that received a refund allocation from the
 8797  department office must apply to the department office for
 8798  certification of a refund. For eligible equipment purchases made
 8799  during the 2010-2011 fiscal year, the application for
 8800  certification must be made no later than September 1, 2011. For
 8801  eligible equipment purchases made during the 2011-2012 fiscal
 8802  year, the application for certification must be made no later
 8803  than September 1, 2012. The application shall provide such
 8804  documentation as is reasonably required by the department office
 8805  to calculate the refund amount, including documentation
 8806  necessary to confirm the cost of eligible equipment purchases
 8807  supporting the claim of the sales and use tax paid thereon.
 8808  Further, the business entity shall provide such documentation as
 8809  required by the department office to establish the entity’s base
 8810  year purchases. If, upon reviewing the application, the
 8811  department office determines that eligible equipment purchases
 8812  did not occur, that the amount of tax claimed to have been paid
 8813  or remitted on the eligible equipment purchases is not supported
 8814  by the documentation provided, or that the information provided
 8815  to the department office was otherwise inaccurate, the amount of
 8816  the refund allocation not substantiated shall not be certified.
 8817  Otherwise, the department office shall determine and certify the
 8818  amount of the refund to the eligible entity and to the
 8819  department within 30 days after the department office receives
 8820  the application for certification.
 8821         (6) Upon certification of a refund for an eligible entity,
 8822  the entity shall apply to the Department of Revenue within 30
 8823  days for payment of the certified amount as a refund on a form
 8824  prescribed by the Department of Revenue. The Department of
 8825  Revenue may request documentation in support of the application
 8826  and adopt emergency rules to administer the refund application
 8827  process.
 8828         (9) The department office shall adopt emergency rules
 8829  governing applications for, issuance of, and procedures for
 8830  allocation and certification and may establish guidelines as to
 8831  the requisites for demonstrating base year purchases and
 8832  eligible equipment purchases.
 8833         Section 154. Subsections (2) and (3) of section 288.1088,
 8834  Florida Statutes, are amended to read:
 8835         288.1088 Quick Action Closing Fund.—
 8836         (2) There is created within the department Office of
 8837  Tourism, Trade, and Economic Development the Quick Action
 8838  Closing Fund. Projects eligible for receipt of funds from the
 8839  Quick Action Closing Fund shall:
 8840         (a) Be in an industry as referenced in s. 288.106.
 8841         (b) Have a positive economic benefit payback ratio of at
 8842  least 5 to 1.
 8843         (c) Be an inducement to the project’s location or expansion
 8844  in the state.
 8845         (d) Pay an average annual wage of at least 125 percent of
 8846  the areawide or statewide private sector average wage.
 8847         (e) Be supported by the local community in which the
 8848  project is to be located.
 8849         (3)(a) The department and Enterprise Florida, Inc., shall
 8850  jointly review applications pursuant to s. 288.061 and determine
 8851  the eligibility of each project consistent with the criteria in
 8852  subsection (2). Waiver of Enterprise Florida, Inc., in
 8853  consultation with the Office of Tourism, Trade, and Economic
 8854  Development, may waive these criteria may be considered under
 8855  the following criteria:
 8856         1. Based on extraordinary circumstances;
 8857         2. In order to mitigate the impact of the conclusion of the
 8858  space shuttle program; or
 8859         3. In rural areas of critical economic concern if the
 8860  project would significantly benefit the local or regional
 8861  economy.
 8862         (b) The department Enterprise Florida, Inc., shall evaluate
 8863  individual proposals for high-impact business facilities and
 8864  forward recommendations regarding the use of moneys in the fund
 8865  for such facilities to the director of the Office of Tourism,
 8866  Trade, and Economic Development. Such evaluation and
 8867  recommendation must include, but need not be limited to:
 8868         1. A description of the type of facility or infrastructure,
 8869  its operations, and the associated product or service associated
 8870  with the facility.
 8871         2. The number of full-time-equivalent jobs that will be
 8872  created by the facility and the total estimated average annual
 8873  wages of those jobs or, in the case of privately developed rural
 8874  infrastructure, the types of business activities and jobs
 8875  stimulated by the investment.
 8876         3. The cumulative amount of investment to be dedicated to
 8877  the facility within a specified period.
 8878         4. A statement of any special impacts the facility is
 8879  expected to stimulate in a particular business sector in the
 8880  state or regional economy or in the state’s universities and
 8881  community colleges.
 8882         5. A statement of the role the incentive is expected to
 8883  play in the decision of the applicant business to locate or
 8884  expand in this state or for the private investor to provide
 8885  critical rural infrastructure.
 8886         6. A report evaluating the quality and value of the company
 8887  submitting a proposal. The report must include:
 8888         a. A financial analysis of the company, including an
 8889  evaluation of the company’s short-term liquidity ratio as
 8890  measured by its assets to liability, the company’s profitability
 8891  ratio, and the company’s long-term solvency as measured by its
 8892  debt-to-equity ratio;
 8893         b. The historical market performance of the company;
 8894         c. A review of any independent evaluations of the company;
 8895         d. A review of the latest audit of the company’s financial
 8896  statement and the related auditor’s management letter; and
 8897         e. A review of any other types of audits that are related
 8898  to the internal and management controls of the company.
 8899         (c)1. Within 7 business 22 calendar days after evaluating a
 8900  project, the department receiving the evaluation and
 8901  recommendation from Enterprise Florida, Inc., the director of
 8902  the Office of Tourism, Trade, and Economic Development shall
 8903  recommend to the Governor approval or disapproval of a project
 8904  for receipt of funds from the Quick Action Closing Fund. In
 8905  recommending a project, the department director shall include
 8906  proposed performance conditions that the project must meet to
 8907  obtain incentive funds.
 8908         2. The Governor may approve projects without consulting the
 8909  Legislature for projects requiring less than $2 million in
 8910  funding.
 8911         3. For projects requiring funding in the amount of $2
 8912  million to $5 million, the Governor shall provide a written the
 8913  description and evaluation of a project projects recommended for
 8914  approval to the chair and vice chair of the Legislative Budget
 8915  Commission at least 10 days prior to President of the Senate and
 8916  the Speaker of the House of Representatives and consult with the
 8917  President of the Senate and the Speaker of the House of
 8918  Representatives before giving final approval for a project. At
 8919  least 14 days before releasing funds for a project, the
 8920  Executive Office of the Governor shall recommend approval of the
 8921  project and the release of funds by delivering notice of such
 8922  action pursuant to the legislative consultation and review
 8923  requirements set forth in s. 216.177. The recommendation must
 8924  include proposed performance conditions that the project must
 8925  meet in order to obtain funds.
 8926         4. If the chair or vice chair of the Legislative Budget
 8927  Commission or the President of the Senate or the Speaker of the
 8928  House of Representatives timely advises the Executive Office of
 8929  the Governor, in writing, that such action or proposed action
 8930  exceeds the delegated authority of the Executive Office of the
 8931  Governor or is contrary to legislative policy or intent, the
 8932  Executive Office of the Governor shall void the release of funds
 8933  and instruct the department Office of Tourism, Trade, and
 8934  Economic Development to immediately change such action or
 8935  proposed action until the Legislative Budget Commission or the
 8936  Legislature addresses the issue. Notwithstanding such
 8937  requirement, any project exceeding $5 million $2,000,000 must be
 8938  approved by the Legislative Budget Commission prior to the funds
 8939  being released.
 8940         (d) Upon the approval of the Governor, the department
 8941  director of the Office of Tourism, Trade, and Economic
 8942  Development and the business shall enter into a contract that
 8943  sets forth the conditions for payment of moneys from the fund.
 8944  The contract must include the total amount of funds awarded; the
 8945  performance conditions that must be met to obtain the award,
 8946  including, but not limited to, net new employment in the state,
 8947  average salary, and total capital investment; demonstrate a
 8948  baseline of current service and a measure of enhanced
 8949  capability; the methodology for validating performance; the
 8950  schedule of payments from the fund; and sanctions for failure to
 8951  meet performance conditions. The contract must provide that
 8952  payment of moneys from the fund is contingent upon sufficient
 8953  appropriation of funds by the Legislature.
 8954         (e) Enterprise Florida, Inc., shall validate contractor
 8955  performance. Such validation shall be reported within 6 months
 8956  after completion of the contract to the Governor, President of
 8957  the Senate, and the Speaker of the House of Representatives.
 8958         Section 155. Subsection (1), paragraphs (b), (d), (e), (f),
 8959  and (o) of subsection (2), and subsections (3) through (9),
 8960  (11), and (12) of section 288.1089, Florida Statutes, are
 8961  amended, and present paragraphs (g) through (n) and (p) through
 8962  (s) of subsection (2) are redesignated as paragraphs (e) through
 8963  (o), respectively, to read:
 8964         288.1089 Innovation Incentive Program.—
 8965         (1) The Innovation Incentive Program is created within the
 8966  Department of Economic Opportunity Office of Tourism, Trade, and
 8967  Economic Development to ensure that sufficient resources are
 8968  available to allow the state to respond expeditiously to
 8969  extraordinary economic opportunities and to compete effectively
 8970  for high-value research and development, innovation business,
 8971  and alternative and renewal energy projects.
 8972         (2) As used in this section, the term:
 8973         (b) “Average private sector wage” means the statewide
 8974  average wage in the private sector or the average of all private
 8975  sector wages in the county or in the standard metropolitan area
 8976  in which the project is located as determined by the department
 8977  Agency for Workforce Innovation.
 8978         (d) “Commission” means the Florida Energy and Climate
 8979  Commission.
 8980         (f) “Director” means the director of the Office of Tourism,
 8981  Trade, and Economic Development.
 8982         (o) “Office” means the Office of Tourism, Trade, and
 8983  Economic Development.
 8984         (3) To be eligible for consideration for an innovation
 8985  incentive award, an innovation business, a research and
 8986  development entity, or an alternative and renewable energy
 8987  company must submit a written application to the department
 8988  Enterprise Florida, Inc., before making a decision to locate new
 8989  operations in this state or expand an existing operation in this
 8990  state. The application must include, but not be limited to:
 8991         (a) The applicant’s federal employer identification number,
 8992  unemployment account number, and state sales tax registration
 8993  number. If such numbers are not available at the time of
 8994  application, they must be submitted to the department office in
 8995  writing before prior to the disbursement of any payments under
 8996  this section.
 8997         (b) The location in this state at which the project is
 8998  located or is to be located.
 8999         (c) A description of the type of business activity,
 9000  product, or research and development undertaken by the
 9001  applicant, including six-digit North American Industry
 9002  Classification System codes for all activities included in the
 9003  project.
 9004         (d) The applicant’s projected investment in the project.
 9005         (e) The total investment, from all sources, in the project.
 9006         (f) The number of net new full-time equivalent jobs in this
 9007  state the applicant anticipates having created as of December 31
 9008  of each year in the project and the average annual wage of such
 9009  jobs.
 9010         (g) The total number of full-time equivalent employees
 9011  currently employed by the applicant in this state, if
 9012  applicable.
 9013         (h) The anticipated commencement date of the project.
 9014         (i) A detailed explanation of why the innovation incentive
 9015  is needed to induce the applicant to expand or locate in the
 9016  state and whether an award would cause the applicant to locate
 9017  or expand in this state.
 9018         (j) If applicable, an estimate of the proportion of the
 9019  revenues resulting from the project that will be generated
 9020  outside this state.
 9021         (4) To qualify for review by the department office, the
 9022  applicant must, at a minimum, establish the following to the
 9023  satisfaction of the department Enterprise Florida, Inc., and the
 9024  office:
 9025         (a) The jobs created by the project must pay an estimated
 9026  annual average wage equaling at least 130 percent of the average
 9027  private sector wage. The department office may waive this
 9028  average wage requirement at the request of Enterprise Florida,
 9029  Inc., for a project located in a rural area, a brownfield area,
 9030  or an enterprise zone, when the merits of the individual project
 9031  or the specific circumstances in the community in relationship
 9032  to the project warrant such action. A recommendation for waiver
 9033  by Enterprise Florida, Inc., must include a specific
 9034  justification for the waiver and be transmitted to the
 9035  department office in writing. If the department director elects
 9036  to waive the wage requirement, the waiver must be stated in
 9037  writing and the reasons for granting the waiver must be
 9038  explained.
 9039         (b) A research and development project must:
 9040         1. Serve as a catalyst for an emerging or evolving
 9041  technology cluster.
 9042         2. Demonstrate a plan for significant higher education
 9043  collaboration.
 9044         3. Provide the state, at a minimum, a break-even return on
 9045  investment within a 20-year period.
 9046         4. Be provided with a one-to-one match from the local
 9047  community. The match requirement may be reduced or waived in
 9048  rural areas of critical economic concern or reduced in rural
 9049  areas, brownfield areas, and enterprise zones.
 9050         (c) An innovation business project in this state, other
 9051  than a research and development project, must:
 9052         1.a. Result in the creation of at least 1,000 direct, new
 9053  jobs at the business; or
 9054         b. Result in the creation of at least 500 direct, new jobs
 9055  if the project is located in a rural area, a brownfield area, or
 9056  an enterprise zone.
 9057         2. Have an activity or product that is within an industry
 9058  that is designated as a target industry business under s.
 9059  288.106 or a designated sector under s. 288.108.
 9060         3.a. Have a cumulative investment of at least $500 million
 9061  within a 5-year period; or
 9062         b. Have a cumulative investment that exceeds $250 million
 9063  within a 10-year period if the project is located in a rural
 9064  area, brownfield area, or an enterprise zone.
 9065         4. Be provided with a one-to-one match from the local
 9066  community. The match requirement may be reduced or waived in
 9067  rural areas of critical economic concern or reduced in rural
 9068  areas, brownfield areas, and enterprise zones.
 9069         (d) For an alternative and renewable energy project in this
 9070  state, the project must:
 9071         1. Demonstrate a plan for significant collaboration with an
 9072  institution of higher education;
 9073         2. Provide the state, at a minimum, a break-even return on
 9074  investment within a 20-year period;
 9075         3. Include matching funds provided by the applicant or
 9076  other available sources. The match requirement may be reduced or
 9077  waived in rural areas of critical economic concern or reduced in
 9078  rural areas, brownfield areas, and enterprise zones;
 9079         4. Be located in this state; and
 9080         5. Provide at least 35 direct, new jobs that pay an
 9081  estimated annual average wage that equals at least 130 percent
 9082  of the average private sector wage.
 9083         (5) The department Enterprise Florida, Inc., shall review
 9084  evaluate proposals pursuant to s. 288.061 for all three
 9085  categories of innovation incentive awards and transmit
 9086  recommendations for awards to the office. Before making a
 9087  recommendation to the executive director, the department its
 9088  recommendations on alternative and renewable energy projects,
 9089  Enterprise Florida, Inc., shall solicit comments and
 9090  recommendations from the Department of Agriculture and Consumer
 9091  Services Florida Energy and Climate Commission. For each
 9092  project, the evaluation and recommendation to the department
 9093  office must include, but need not be limited to:
 9094         (a) A description of the project, its required facilities,
 9095  and the associated product, service, or research and development
 9096  associated with the project.
 9097         (b) The percentage of match provided for the project.
 9098         (c) The number of full-time equivalent jobs that will be
 9099  created by the project, the total estimated average annual wages
 9100  of such jobs, and the types of business activities and jobs
 9101  likely to be stimulated by the project.
 9102         (d) The cumulative investment to be dedicated to the
 9103  project within 5 years and the total investment expected in the
 9104  project if more than 5 years.
 9105         (e) The projected economic and fiscal impacts on the local
 9106  and state economies relative to investment.
 9107         (f) A statement of any special impacts the project is
 9108  expected to stimulate in a particular business sector in the
 9109  state or regional economy or in the state’s universities and
 9110  community colleges.
 9111         (g) A statement of any anticipated or proposed
 9112  relationships with state universities.
 9113         (h) A statement of the role the incentive is expected to
 9114  play in the decision of the applicant to locate or expand in
 9115  this state.
 9116         (i) A recommendation and explanation of the amount of the
 9117  award needed to cause the applicant to expand or locate in this
 9118  state.
 9119         (j) A discussion of the efforts and commitments made by the
 9120  local community in which the project is to be located to induce
 9121  the applicant’s location or expansion, taking into consideration
 9122  local resources and abilities.
 9123         (k) A recommendation for specific performance criteria the
 9124  applicant would be expected to achieve in order to receive
 9125  payments from the fund and penalties or sanctions for failure to
 9126  meet or maintain performance conditions.
 9127         (l) Additional evaluative criteria for a research and
 9128  development facility project, including:
 9129         1. A description of the extent to which the project has the
 9130  potential to serve as catalyst for an emerging or evolving
 9131  cluster.
 9132         2. A description of the extent to which the project has or
 9133  could have a long-term collaborative research and development
 9134  relationship with one or more universities or community colleges
 9135  in this state.
 9136         3. A description of the existing or projected impact of the
 9137  project on established clusters or targeted industry sectors.
 9138         4. A description of the project’s contribution to the
 9139  diversity and resiliency of the innovation economy of this
 9140  state.
 9141         5. A description of the project’s impact on special needs
 9142  communities, including, but not limited to, rural areas,
 9143  distressed urban areas, and enterprise zones.
 9144         (m) Additional evaluative criteria for alternative and
 9145  renewable energy proposals, including:
 9146         1. The availability of matching funds or other in-kind
 9147  contributions applied to the total project from an applicant.
 9148  The Department of Agriculture and Consumer Services commission
 9149  shall give greater preference to projects that provide such
 9150  matching funds or other in-kind contributions.
 9151         2. The degree to which the project stimulates in-state
 9152  capital investment and economic development in metropolitan and
 9153  rural areas, including the creation of jobs and the future
 9154  development of a commercial market for renewable energy
 9155  technologies.
 9156         3. The extent to which the proposed project has been
 9157  demonstrated to be technically feasible based on pilot project
 9158  demonstrations, laboratory testing, scientific modeling, or
 9159  engineering or chemical theory that supports the proposal.
 9160         4. The degree to which the project incorporates an
 9161  innovative new technology or an innovative application of an
 9162  existing technology.
 9163         5. The degree to which a project generates thermal,
 9164  mechanical, or electrical energy by means of a renewable energy
 9165  resource that has substantial long-term production potential.
 9166         6. The degree to which a project demonstrates efficient use
 9167  of energy and material resources.
 9168         7. The degree to which the project fosters overall
 9169  understanding and appreciation of renewable energy technologies.
 9170         8. The ability to administer a complete project.
 9171         9. Project duration and timeline for expenditures.
 9172         10. The geographic area in which the project is to be
 9173  conducted in relation to other projects.
 9174         11. The degree of public visibility and interaction.
 9175         (6) In consultation with Enterprise Florida, Inc., The
 9176  department office may negotiate the proposed amount of an award
 9177  for any applicant meeting the requirements of this section. In
 9178  negotiating such award, the department office shall consider the
 9179  amount of the incentive needed to cause the applicant to locate
 9180  or expand in this state in conjunction with other relevant
 9181  applicant impact and cost information and analysis as described
 9182  in this section. Particular emphasis shall be given to the
 9183  potential for the project to stimulate additional private
 9184  investment and high-quality employment opportunities in the
 9185  area.
 9186         (7) Upon receipt of the evaluation and recommendation from
 9187  Enterprise Florida, Inc., the department, director shall
 9188  recommend to the Governor shall approve or deny the approval or
 9189  disapproval of an award. In recommending approval of an award,
 9190  the department director shall include proposed performance
 9191  conditions that the applicant must meet in order to obtain
 9192  incentive funds and any other conditions that must be met before
 9193  the receipt of any incentive funds. The Governor shall consult
 9194  with the President of the Senate and the Speaker of the House of
 9195  Representatives before giving approval for an award. Upon review
 9196  and approval of an award by the Legislative Budget Commission,
 9197  the Executive Office of the Governor shall release the funds.
 9198         (8)(a) After the conditions set forth in subsection (7)
 9199  have been met, the department director shall issue a letter
 9200  certifying the applicant as qualified for an award. The
 9201  department office and the award recipient shall enter into an
 9202  agreement that sets forth the conditions for payment of the
 9203  incentive funds. The agreement must include, at a minimum:
 9204         1. The total amount of funds awarded.
 9205         2. The performance conditions that must be met in order to
 9206  obtain the award or portions of the award, including, but not
 9207  limited to, net new employment in the state, average wage, and
 9208  total cumulative investment.
 9209         3. Demonstration of a baseline of current service and a
 9210  measure of enhanced capability.
 9211         4. The methodology for validating performance.
 9212         5. The schedule of payments.
 9213         6. Sanctions for failure to meet performance conditions,
 9214  including any clawback provisions.
 9215         (b) Additionally, agreements signed on or after July 1,
 9216  2009, must include the following provisions:
 9217         1. Notwithstanding subsection (4), a requirement that the
 9218  jobs created by the recipient of the incentive funds pay an
 9219  annual average wage at least equal to the relevant industry’s
 9220  annual average wage or at least 130 percent of the average
 9221  private sector wage, whichever is greater.
 9222         2. A reinvestment requirement. Each recipient of an award
 9223  shall reinvest up to 15 percent of net royalty revenues,
 9224  including revenues from spin-off companies and the revenues from
 9225  the sale of stock it receives from the licensing or transfer of
 9226  inventions, methods, processes, and other patentable discoveries
 9227  conceived or reduced to practice using its facilities in Florida
 9228  or its Florida-based employees, in whole or in part, and to
 9229  which the recipient of the grant becomes entitled during the 20
 9230  years following the effective date of its agreement with the
 9231  department office. Each recipient of an award also shall
 9232  reinvest up to 15 percent of the gross revenues it receives from
 9233  naming opportunities associated with any facility it builds in
 9234  this state. Reinvestment payments shall commence no later than 6
 9235  months after the recipient of the grant has received the final
 9236  disbursement under the contract and shall continue until the
 9237  maximum reinvestment, as specified in the contract, has been
 9238  paid. Reinvestment payments shall be remitted to the department
 9239  office for deposit in the Biomedical Research Trust Fund for
 9240  companies specializing in biomedicine or life sciences, or in
 9241  the Economic Development Trust Fund for companies specializing
 9242  in fields other than biomedicine or the life sciences. If these
 9243  trust funds no longer exist at the time of the reinvestment, the
 9244  state’s share of reinvestment shall be deposited in their
 9245  successor trust funds as determined by law. Each recipient of an
 9246  award shall annually submit a schedule of the shares of stock
 9247  held by it as payment of the royalty required by this paragraph
 9248  and report on any trades or activity concerning such stock. Each
 9249  recipient’s reinvestment obligations survive the expiration or
 9250  termination of its agreement with the state.
 9251         3. Requirements for the establishment of internship
 9252  programs or other learning opportunities for educators and
 9253  secondary, postsecondary, graduate, and doctoral students.
 9254         4. A requirement that the recipient submit quarterly
 9255  reports and annual reports related to activities and performance
 9256  to the department office, according to standardized reporting
 9257  periods.
 9258         5. A requirement for an annual accounting to the department
 9259  Office of the expenditure of funds disbursed under this section.
 9260         6. A process for amending the agreement.
 9261         (9) The department Enterprise Florida, Inc., shall validate
 9262  assist the Office in validating the performance of an innovation
 9263  business, a research and development facility, or an alternative
 9264  and renewable energy business that has received an award. At the
 9265  conclusion of the innovation incentive award agreement, or its
 9266  earlier termination, the department Enterprise Florida, Inc.,
 9267  shall, within 90 days, submit a report to the Governor, the
 9268  President of the Senate, and the Speaker of the House of
 9269  Representatives detailing whether the recipient of the
 9270  innovation incentive grant achieved its specified outcomes.
 9271         (11)(a) The department Beginning January 5, 2010, and every
 9272  year thereafter, the office shall submit to the Governor, the
 9273  President of the Senate, and the Speaker of the House of
 9274  Representatives, as part of the annual report, a report
 9275  summarizing the activities and accomplishments of the recipients
 9276  of grants from the Innovation Incentive Program during the
 9277  previous 12 months and an evaluation by the office of whether
 9278  the recipients are catalysts for additional direct and indirect
 9279  economic development in Florida.
 9280         (b) Beginning March 1, 2010, and every third year
 9281  thereafter, the Office of Program Policy Analysis and Government
 9282  Accountability, in consultation with the Auditor General’s
 9283  Office, shall release a report evaluating the Innovation
 9284  Incentive Program’s progress toward creating clusters of high
 9285  wage, high-skilled, complementary industries that serve as
 9286  catalysts for economic growth specifically in the regions in
 9287  which they are located, and generally for the state as a whole.
 9288  Such report should include critical analyses of quarterly and
 9289  annual reports, annual audits, and other documents prepared by
 9290  the Innovation Incentive Program awardees; relevant economic
 9291  development reports prepared by the department office,
 9292  Enterprise Florida, Inc., and local or regional economic
 9293  development organizations; interviews with the parties involved;
 9294  and any other relevant data. Such report should also include
 9295  legislative recommendations, if necessary, on how to improve the
 9296  Innovation Incentive Program so that the program reaches its
 9297  anticipated potential as a catalyst for direct and indirect
 9298  economic development in this state.
 9299         (12) The department office may seek the assistance of the
 9300  Office of Program Policy Analysis and Government Accountability,
 9301  the Legislature’s Office of Economic and Demographic Research,
 9302  and other entities for the purpose of developing performance
 9303  measures or techniques to quantify the synergistic economic
 9304  development impacts that awardees of grants are having within
 9305  their communities.
 9306         Section 156. Paragraph (b) of subsection (4) of section
 9307  288.109, Florida Statutes, is amended to read:
 9308         288.109 One-Stop Permitting System.—
 9309         (4) The One-Stop Permitting System must initially provide
 9310  access to the following state agencies, water management
 9311  districts and counties, with other agencies and counties that
 9312  agree to participate:
 9313         (b) The Department of Economic Opportunity Community
 9314  Affairs.
 9315         Section 157. Section 288.1095, Florida Statutes, is amended
 9316  to read:
 9317         288.1095 Information concerning the One-Stop Permitting
 9318  System.—The department Office of Tourism, Trade, and Economic
 9319  Development shall develop literature that explains the One-Stop
 9320  Permitting System and identifies those counties that have been
 9321  designated as Quick Permitting Counties. The literature must be
 9322  updated at least once each year. To the maximum extent feasible,
 9323  state agencies and Enterprise Florida, Inc., shall distribute
 9324  such literature and inform the public of the One-Stop Permitting
 9325  System and the Quick Permitting Counties. In addition,
 9326  Enterprise Florida, Inc., shall provide this information to
 9327  prospective, new, expanding, and relocating businesses seeking
 9328  to conduct business in this state, municipalities, counties,
 9329  economic-development organizations, and chambers of commerce.
 9330         Section 158. Subsections (1) and (2), paragraphs (d) and
 9331  (e) of subsection (4), paragraph (a) of subsection (6), and
 9332  subsection (8) of section 288.1162, Florida Statutes, are
 9333  amended to read:
 9334         288.1162 Professional sports franchises; duties.—
 9335         (1) The department Office of Tourism, Trade, and Economic
 9336  Development shall serve as the state agency for screening
 9337  applicants for state funding under s. 212.20 and for certifying
 9338  an applicant as a facility for a new or retained professional
 9339  sports franchise.
 9340         (2) The department Office of Tourism, Trade, and Economic
 9341  Development shall develop rules for the receipt and processing
 9342  of applications for funding under s. 212.20.
 9343         (4) Before certifying an applicant as a facility for a new
 9344  or retained professional sports franchise, the department Office
 9345  of Tourism, Trade, and Economic Development must determine that:
 9346         (d) The applicant has projections, verified by the
 9347  department Office of Tourism, Trade, and Economic Development,
 9348  which demonstrate that the new or retained professional sports
 9349  franchise will attract a paid attendance of more than 300,000
 9350  annually.
 9351         (e) The applicant has an independent analysis or study,
 9352  verified by the department Office of Tourism, Trade, and
 9353  Economic Development, which demonstrates that the amount of the
 9354  revenues generated by the taxes imposed under chapter 212 with
 9355  respect to the use and operation of the professional sports
 9356  franchise facility will equal or exceed $2 million annually.
 9357         (6)(a) The department Office of Tourism, Trade, and
 9358  Economic Development shall notify the Department of Revenue of
 9359  any facility certified as a facility for a new or retained
 9360  professional sports franchise. The department Office of Tourism,
 9361  Trade, and Economic Development shall certify no more than eight
 9362  facilities as facilities for a new professional sports franchise
 9363  or as facilities for a retained professional sports franchise,
 9364  including in the total any facilities certified by the former
 9365  Department of Commerce before July 1, 1996. The department
 9366  office may make no more than one certification for any facility.
 9367         (8) An applicant is not qualified for certification under
 9368  this section if the franchise formed the basis for a previous
 9369  certification, unless the previous certification was withdrawn
 9370  by the facility or invalidated by the department Office of
 9371  Tourism, Trade, and Economic Development or the former
 9372  Department of Commerce before any funds were distributed under
 9373  s. 212.20. This subsection does not disqualify an applicant if
 9374  the previous certification occurred between May 23, 1993, and
 9375  May 25, 1993; however, any funds to be distributed under s.
 9376  212.20 for the second certification shall be offset by the
 9377  amount distributed to the previous certified facility.
 9378  Distribution of funds for the second certification shall not be
 9379  made until all amounts payable for the first certification are
 9380  distributed.
 9381         Section 159. Paragraph (f) of subsection (1), and
 9382  subsections (2), (4), (5), (6), (7), and (8) of section
 9383  288.11621, Florida Statutes, are amended to read:
 9384         288.11621 Spring training baseball franchises.—
 9385         (1) DEFINITIONS.—As used in this section, the term:
 9386         (f) “Office” means The Office of Tourism, Trade, and
 9387  Economic Development.
 9388         (2) CERTIFICATION PROCESS.—
 9389         (a) Before certifying an applicant to receive state funding
 9390  for a facility for a spring training franchise, the department
 9391  Office must verify that:
 9392         1. The applicant is responsible for the acquisition,
 9393  construction, management, or operation of the facility for a
 9394  spring training franchise or holds title to the property on
 9395  which the facility for a spring training franchise is located.
 9396         2. The applicant has a certified copy of a signed agreement
 9397  with a spring training franchise for the use of the facility for
 9398  a term of at least 20 years. The agreement also must require the
 9399  franchise to reimburse the state for state funds expended by an
 9400  applicant under this section if the franchise relocates before
 9401  the agreement expires. The agreement may be contingent on an
 9402  award of funds under this section and other conditions
 9403  precedent.
 9404         3. The applicant has made a financial commitment to provide
 9405  50 percent or more of the funds required by an agreement for the
 9406  acquisition, construction, or renovation of the facility for a
 9407  spring training franchise. The commitment may be contingent upon
 9408  an award of funds under this section and other conditions
 9409  precedent.
 9410         4. The applicant demonstrates that the facility for a
 9411  spring training franchise will attract a paid attendance of at
 9412  least 50,000 annually to the spring training games.
 9413         5. The facility for a spring training franchise is located
 9414  in a county that levies a tourist development tax under s.
 9415  125.0104.
 9416         (b) The department office shall competitively evaluate
 9417  applications for state funding of a facility for a spring
 9418  training franchise. The total number of certifications may not
 9419  exceed 10 at any time. The evaluation criteria must include,
 9420  with priority given in descending order to, the following items:
 9421         1. The anticipated effect on the economy of the local
 9422  community where the spring training facility is to be built,
 9423  including projections on paid attendance, local and state tax
 9424  collections generated by spring training games, and direct and
 9425  indirect job creation resulting from the spring training
 9426  activities. Priority shall be given to applicants who can
 9427  demonstrate the largest projected economic impact.
 9428         2. The amount of the local matching funds committed to a
 9429  facility relative to the amount of state funding sought, with
 9430  priority given to applicants that commit the largest amount of
 9431  local matching funds relative to the amount of state funding
 9432  sought.
 9433         3. The potential for the facility to serve multiple uses.
 9434         4. The intended use of the funds by the applicant, with
 9435  priority given to the funds being used to acquire a facility,
 9436  construct a new facility, or renovate an existing facility.
 9437         5. The length of time that a spring training franchise has
 9438  been under an agreement to conduct spring training activities
 9439  within an applicant’s geographic location or jurisdiction, with
 9440  priority given to applicants having agreements with the same
 9441  franchise for the longest period of time.
 9442         6. The length of time that an applicant’s facility has been
 9443  used by one or more spring training franchises, with priority
 9444  given to applicants whose facilities have been in continuous use
 9445  as facilities for spring training the longest.
 9446         7. The term remaining on a lease between an applicant and a
 9447  spring training franchise for a facility, with priority given to
 9448  applicants having the shortest lease terms remaining.
 9449         8. The length of time that a spring training franchise
 9450  agrees to use an applicant’s facility if an application is
 9451  granted under this section, with priority given to applicants
 9452  having agreements for the longest future use.
 9453         9. The net increase of total active recreation space owned
 9454  by the applicant after an acquisition of land for the facility,
 9455  with priority given to applicants having the largest percentage
 9456  increase of total active recreation space that will be available
 9457  for public use.
 9458         10. The location of the facility in a brownfield, an
 9459  enterprise zone, a community redevelopment area, or other area
 9460  of targeted development or revitalization included in an urban
 9461  infill redevelopment plan, with priority given to applicants
 9462  having facilities located in these areas.
 9463         (c) Each applicant certified on or after July 1, 2010,
 9464  shall enter into an agreement with the department office that:
 9465         1. Specifies the amount of the state incentive funding to
 9466  be distributed.
 9467         2. States the criteria that the certified applicant must
 9468  meet in order to remain certified.
 9469         3. States that the certified applicant is subject to
 9470  decertification if the certified applicant fails to comply with
 9471  this section or the agreement.
 9472         4. States that the department office may recover state
 9473  incentive funds if the certified applicant is decertified.
 9474         5. Specifies information that the certified applicant must
 9475  report to the department office.
 9476         6. Includes any provision deemed prudent by the department
 9477  office.
 9478         (4) ANNUAL REPORTS.—On or before September 1 of each year,
 9479  a certified applicant shall submit to the department office a
 9480  report that includes, but is not limited to:
 9481         (a) A copy of its most recent annual audit.
 9482         (b) A detailed report on all local and state funds expended
 9483  to date on the project being financed under this section.
 9484         (c) A copy of the contract between the certified local
 9485  governmental entity and the spring training team.
 9486         (d) A cost-benefit analysis of the team’s impact on the
 9487  community.
 9488         (e) Evidence that the certified applicant continues to meet
 9489  the criteria in effect when the applicant was certified.
 9490         (5) DECERTIFICATION.—
 9491         (a) The department office shall decertify a certified
 9492  applicant upon the request of the certified applicant.
 9493         (b) The department office shall decertify a certified
 9494  applicant if the certified applicant does not:
 9495         1. Have a valid agreement with a spring training franchise;
 9496  or
 9497         2. Satisfy its commitment to provide local matching funds
 9498  to the facility.
 9499  
 9500  However, decertification proceedings against a local government
 9501  certified before July 1, 2010, shall be delayed until 12 months
 9502  after the expiration of the local government’s existing
 9503  agreement with a spring training franchise, and without a new
 9504  agreement being signed, if the certified local government can
 9505  demonstrate to the department office that it is in active
 9506  negotiations with a major league spring training franchise,
 9507  other than the franchise that was the basis for the original
 9508  certification.
 9509         (c) A certified applicant has 60 days after it receives a
 9510  notice of intent to decertify from the department office to
 9511  petition the office’s director for review of the
 9512  decertification. Within 45 days after receipt of the request for
 9513  review, the department director must notify a certified
 9514  applicant of the outcome of the review.
 9515         (d) The department office shall notify the Department of
 9516  Revenue that a certified applicant is decertified within 10 days
 9517  after the order of decertification becomes final. The Department
 9518  of Revenue shall immediately stop the payment of any funds under
 9519  this section that were not encumbered by the certified applicant
 9520  under subparagraph (3)(a)2.
 9521         (e) The department office shall order a decertified
 9522  applicant to repay all of the unencumbered state funds that the
 9523  local government received under this section and any interest
 9524  that accrued on those funds. The repayment must be made within
 9525  60 days after the decertification order becomes final. These
 9526  funds shall be deposited into the General Revenue Fund.
 9527         (f) A local government as defined in s. 218.369 may not be
 9528  decertified by the department if it has paid or pledged for the
 9529  payment of debt service on, or to fund debt service reserve
 9530  funds, arbitrage rebate obligations, or other amounts payable
 9531  with respect thereto, bonds issued for the acquisition,
 9532  construction, reconstruction, or renovation of the facility for
 9533  which the local government was certified, or for the
 9534  reimbursement of such costs or the refinancing of bonds issued
 9535  for the acquisition, construction, reconstruction, or renovation
 9536  of the facility for which the local government was certified, or
 9537  for the reimbursement of such costs or the refinancing of bonds
 9538  issued for such purpose. This subsection does not preclude or
 9539  restrict the ability of a certified local government to
 9540  refinance, refund, or defease such bonds.
 9541         (6) ADDITIONAL CERTIFICATIONS.—If the department office
 9542  decertifies a unit of local government, the department office
 9543  may accept applications for an additional certification. A unit
 9544  of local government may not be certified for more than one
 9545  spring training franchise at any time.
 9546         (7) STRATEGIC PLANNING.—
 9547         (a) The department office shall request assistance from
 9548  Enterprise Florida, Inc., the Florida Sports Foundation and the
 9549  Florida Grapefruit League Association to develop a comprehensive
 9550  strategic plan to:
 9551         1. Finance spring training facilities.
 9552         2. Monitor and oversee the use of state funds awarded to
 9553  applicants.
 9554         3. Identify the financial impact that spring training has
 9555  on the state and ways in which to maintain or improve that
 9556  impact.
 9557         4. Identify opportunities to develop public-private
 9558  partnerships to engage in marketing activities and advertise
 9559  spring training baseball.
 9560         5. Identify efforts made by other states to maintain or
 9561  develop partnerships with baseball spring training teams.
 9562         6. Develop recommendations for the Legislature to sustain
 9563  or improve this state’s spring training tradition.
 9564         (b) The department office shall submit a copy of the
 9565  strategic plan to the Governor, the President of the Senate, and
 9566  the Speaker of the House of Representatives by December 31,
 9567  2010.
 9568         (8) RULEMAKING.—The department office shall adopt rules to
 9569  implement the certification, decertification, and
 9570  decertification review processes required by this section.
 9571         Section 160. Subsections (1), (2), and (4) of section
 9572  288.1168, Florida Statutes, are amended to read:
 9573         288.1168 Professional golf hall of fame facility.—
 9574         (1) The department of Commerce shall serve as the state
 9575  agency for screening applicants for state funding pursuant to s.
 9576  212.20 and for certifying one applicant as the professional golf
 9577  hall of fame facility in the state.
 9578         (2) Before Prior to certifying the professional golf hall
 9579  of fame facility, the department of Commerce must determine
 9580  that:
 9581         (a) The professional golf hall of fame facility is the only
 9582  professional golf hall of fame in the United States recognized
 9583  by the PGA Tour, Inc.
 9584         (b) The applicant is a unit of local government as defined
 9585  in s. 218.369 or a private sector group that has contracted to
 9586  construct or operate the professional golf hall of fame facility
 9587  on land owned by a unit of local government.
 9588         (c) The municipality in which the professional golf hall of
 9589  fame facility is located, or the county if the facility is
 9590  located in an unincorporated area, has certified by resolution
 9591  after a public hearing that the application serves a public
 9592  purpose.
 9593         (d) There are existing projections that the professional
 9594  golf hall of fame facility will attract a paid attendance of
 9595  more than 300,000 annually.
 9596         (e) There is an independent analysis or study, using
 9597  methodology approved by the department, which demonstrates that
 9598  the amount of the revenues generated by the taxes imposed under
 9599  chapter 212 with respect to the use and operation of the
 9600  professional golf hall of fame facility will equal or exceed $2
 9601  million annually.
 9602         (f) The applicant has submitted an agreement to provide $2
 9603  million annually in national and international media promotion
 9604  of the professional golf hall of fame facility, Florida, and
 9605  Florida tourism, through the PGA Tour, Inc., or its affiliates,
 9606  at the then-current commercial rate, during the period of time
 9607  that the facility receives funds pursuant to s. 212.20. The
 9608  department Office of Tourism, Trade, and Economic Development
 9609  and the PGA Tour, Inc., or its affiliates, must agree annually
 9610  on a reasonable percentage of advertising specifically allocated
 9611  for generic Florida advertising. The department Office of
 9612  Tourism, Trade, and Economic Development shall have final
 9613  approval of all generic advertising. Failure on the part of the
 9614  PGA Tour, Inc., or its affiliates to annually provide the
 9615  advertising as provided in this paragraph or subsection (6)
 9616  shall result in the termination of funding as provided in s.
 9617  212.20.
 9618         (g) Documentation exists that demonstrates that the
 9619  applicant has provided, is capable of providing, or has
 9620  financial or other commitments to provide more than one-half of
 9621  the costs incurred or related to the improvement and development
 9622  of the facility.
 9623         (h) The application is signed by an official senior
 9624  executive of the applicant and is notarized according to Florida
 9625  law providing for penalties for falsification.
 9626         (4) Upon determining that an applicant is or is not
 9627  certifiable, the department Secretary of Commerce shall notify
 9628  the applicant of his or her status by means of an official
 9629  letter. If certifiable, the department secretary shall notify
 9630  the executive director of the Department of Revenue and the
 9631  applicant of such certification by means of an official letter
 9632  granting certification. From the date of such certification, the
 9633  applicant shall have 5 years to open the professional golf hall
 9634  of fame facility to the public and notify the department Office
 9635  of Tourism, Trade, and Economic Development of such opening. The
 9636  Department of Revenue shall not begin distributing funds until
 9637  30 days following notice by the department Office of Tourism,
 9638  Trade, and Economic Development that the professional golf hall
 9639  of fame facility is open to the public.
 9640         Section 161. Subsections (1), (4), and (6) of section
 9641  288.1169, Florida Statutes, are amended to read:
 9642         288.1169 International Game Fish Association World Center
 9643  facility.—
 9644         (1) The department of Commerce shall serve as the state
 9645  agency approving applicants for funding pursuant to s. 212.20
 9646  and for certifying the applicant as the International Game Fish
 9647  Association World Center facility. For purposes of this section,
 9648  “facility” means the International Game Fish Association World
 9649  Center, and “project” means the International Game Fish
 9650  Association World Center and new colocated improvements by
 9651  private sector concerns who have made cash or in-kind
 9652  contributions to the facility of $1 million or more.
 9653         (4) Upon determining that an applicant is or is not
 9654  certifiable, the department of Commerce shall notify the
 9655  applicant of its status by means of an official letter. If
 9656  certifiable, the department of Commerce shall notify the
 9657  executive director of the Department of Revenue and the
 9658  applicant of such certification by means of an official letter
 9659  granting certification. From the date of such certification, the
 9660  applicant shall have 5 years to open the facility to the public
 9661  and notify the department of Commerce of such opening. The
 9662  Department of Revenue shall not begin distributing funds until
 9663  30 days following notice by the department of Commerce that the
 9664  facility is open to the public.
 9665         (6) The department of Commerce must recertify every 10
 9666  years that the facility is open, that the International Game
 9667  Fish Association World Center continues to be the only
 9668  international administrative headquarters, fishing museum, and
 9669  Hall of Fame in the United States recognized by the
 9670  International Game Fish Association, and that the project is
 9671  meeting the minimum projections for attendance or sales tax
 9672  revenues as required at the time of original certification. If
 9673  the facility is not recertified during this 10-year review as
 9674  meeting the minimum projections, then funding shall be abated
 9675  until certification criteria are met. If the project fails to
 9676  generate $1 million of annual revenues pursuant to paragraph
 9677  (2)(e), the distribution of revenues pursuant to s.
 9678  212.20(6)(d)6.d. shall be reduced to an amount equal to $83,333
 9679  multiplied by a fraction, the numerator of which is the actual
 9680  revenues generated and the denominator of which is $1 million.
 9681  Such reduction remains in effect until revenues generated by the
 9682  project in a 12-month period equal or exceed $1 million.
 9683         Section 162. Paragraph (d) of subsection (1), and
 9684  subsections (2) and (3) of section 288.1171, Florida Statutes,
 9685  are amended, and present paragraphs (e) through (g) of
 9686  subsection (1) are redesignated as paragraphs (d) through (f),
 9687  respectively, to read:
 9688         288.1171 Motorsports entertainment complex; definitions;
 9689  certification; duties.—
 9690         (1) As used in this section, the term:
 9691         (d) “Office” means The Office of Tourism, Trade, and
 9692  Economic Development of the Executive Office of the Governor.
 9693         (2) The department Office of Tourism, Trade, and Economic
 9694  Development shall serve as the state agency for screening
 9695  applicants for local option funding under s. 218.64(3) and for
 9696  certifying an applicant as a motorsports entertainment complex.
 9697  The department Office shall develop and adopt rules for the
 9698  receipt and processing of applications for funding under s.
 9699  218.64(3). The department Office shall make a determination
 9700  regarding any application filed by an applicant not later than
 9701  120 days after the application is filed.
 9702         (3) Before certifying an applicant as a motorsports
 9703  entertainment complex, the department Office must determine
 9704  that:
 9705         (a) A unit of local government holds title to the land on
 9706  which the motorsports entertainment complex is located or holds
 9707  title to the motorsports entertainment complex.
 9708         (b) The municipality in which the motorsports entertainment
 9709  complex is located, or the county if the motorsports
 9710  entertainment complex is located in an unincorporated area, has
 9711  certified by resolution after a public hearing that the
 9712  application serves a public purpose.
 9713         Section 163. Subsections (2), (4), (5), and (8) of section
 9714  288.1175, Florida Statutes, are amended to read:
 9715         288.1175 Agriculture education and promotion facility.—
 9716         (2) The Department of Agriculture and Consumer Services
 9717  shall adopt develop rules pursuant to ss. 120.536(1) and 120.54
 9718  for the receipt and processing of applications for funding of
 9719  projects pursuant to this section.
 9720         (4) The Department of Agriculture and Consumer Services
 9721  shall certify a facility as an agriculture education and
 9722  promotion facility if the Department of Agriculture and Consumer
 9723  Services determines that:
 9724         (a) The applicant is a unit of local government as defined
 9725  in s. 218.369, or a fair association as defined in s.
 9726  616.001(9), which is responsible for the planning, design,
 9727  permitting, construction, renovation, management, and operation
 9728  of the agriculture education and promotion facility or holds
 9729  title to the property on which such facility is to be developed
 9730  and located.
 9731         (b) The applicant has projections, verified by the
 9732  Department of Agriculture and Consumer Services, which
 9733  demonstrate that the agriculture education and promotion
 9734  facility will serve more than 25,000 visitors annually.
 9735         (c) The municipality in which the facility is located, or
 9736  the county if the facility is located in an unincorporated area,
 9737  has certified by resolution after a public hearing that the
 9738  proposed agriculture education and promotion facility serves a
 9739  public purpose.
 9740         (d) The applicant has demonstrated that it has provided, is
 9741  capable of providing, or has financial or other commitments to
 9742  provide more than 40 percent of the costs incurred or related to
 9743  the planning, design, permitting, construction, or renovation of
 9744  the facility. The applicant may include the value of the land
 9745  and any improvements thereon in determining its contribution to
 9746  the development of the facility.
 9747         (5) The Department of Agriculture and Consumer Services
 9748  shall competitively evaluate applications for funding of an
 9749  agriculture education and promotion facility. If the number of
 9750  applicants exceeds three, the Department of Agriculture and
 9751  Consumer Services shall rank the applications based upon
 9752  criteria developed by the Department of Agriculture and Consumer
 9753  Services, with priority given in descending order to the
 9754  following items:
 9755         (a) The intended use of the funds by the applicant, with
 9756  priority given to the construction of a new facility.
 9757         (b) The amount of local match, with priority given to the
 9758  largest percentage of local match proposed.
 9759         (c) The location of the facility in a brownfield site as
 9760  defined in s. 376.79(3), a rural enterprise zone as defined in
 9761  s. 290.004(6), an agriculturally depressed area as defined in s.
 9762  570.242(1), a redevelopment area established pursuant to s.
 9763  373.461(5)(g), or a county that has lost its agricultural land
 9764  to environmental restoration projects.
 9765         (d) The net increase, as a result of the facility, of total
 9766  available exhibition, arena, or civic center space within the
 9767  jurisdictional limits of the local government in which the
 9768  facility is to be located, with priority given to the largest
 9769  percentage increase of total exhibition, arena, or civic center
 9770  space.
 9771         (e) The historic record of the applicant in promoting
 9772  agriculture and educating the public about agriculture,
 9773  including, without limitation, awards, premiums, scholarships,
 9774  auctions, and other such activities.
 9775         (f) The highest projection on paid attendance attracted by
 9776  the agriculture education and promotion facility and the
 9777  proposed economic impact on the local community.
 9778         (g) The location of the facility with respect to an
 9779  Institute of Food and Agricultural Sciences (IFAS) facility,
 9780  with priority given to facilities closer in proximity to an IFAS
 9781  facility.
 9782         (8) Applications must be submitted by October 1 of each
 9783  year. The Department of Agriculture and Consumer Services may
 9784  not recommend funding for less than the requested amount to any
 9785  applicant certified as an agriculture education and promotion
 9786  facility; however, funding of certified applicants shall be
 9787  subject to the amount provided by the Legislature in the General
 9788  Appropriations Act for this program.
 9789         Section 164. Section 288.122, Florida Statutes, is amended
 9790  to read:
 9791         288.122 Tourism Promotional Trust Fund.—There is created
 9792  within the department Office of Tourism, Trade, and Economic
 9793  Development of the Executive Office of the Governor the Tourism
 9794  Promotional Trust Fund. Moneys deposited in the Tourism
 9795  Promotional Trust Fund shall only be used to support the
 9796  authorized activities and operations of the Florida Commission
 9797  on Tourism, and the to support tourism promotion and marketing
 9798  activities, services, functions, and programs administered by
 9799  Enterprise Florida, Inc., the Florida Commission on Tourism
 9800  through a contract with the commission’s direct-support
 9801  organization created under s. 288.1226.
 9802         Section 165. Section 288.12265, Florida Statutes, is
 9803  amended to read:
 9804         288.12265 Welcome centers.—
 9805         (1) Responsibility for the welcome centers is assigned to
 9806  Enterprise Florida, Inc., the Florida Commission on Tourism
 9807  which shall contract with the Florida Tourism Industry Marketing
 9808  Corporation commission’s direct-support organization to employ
 9809  all welcome center staff.
 9810         (2) Enterprise Florida, Inc., The Florida Commission on
 9811  Tourism, through its direct-support organization, shall
 9812  administer and operate the welcome centers. Pursuant to a
 9813  contract with the Department of Transportation, Enterprise
 9814  Florida, Inc., the commission shall be responsible for routine
 9815  repair, replacement, or improvement and the day-to-day
 9816  management of interior areas occupied by the welcome centers.
 9817  All other repairs, replacements, or improvements to the welcome
 9818  centers shall be the responsibility of the Department of
 9819  Transportation.
 9820         Section 166. Section 288.124, Florida Statutes, is amended
 9821  to read:
 9822         288.124 Convention grants program.—Enterprise Florida,
 9823  Inc., The Commission on Tourism is authorized to establish a
 9824  convention grants program and, pursuant to that program thereto,
 9825  to recommend to the department Office of Tourism, Trade, and
 9826  Economic Development expenditures and contracts with local
 9827  governments and nonprofit corporations or organizations for the
 9828  purpose of attracting national conferences and conventions to
 9829  Florida. Preference shall be given to local governments and
 9830  nonprofit corporations or organizations seeking to attract
 9831  minority conventions to Florida. Minority conventions are events
 9832  that primarily involve minority persons, as defined in s.
 9833  288.703, who are residents or nonresidents of the state.
 9834  Enterprise Florida, Inc., The commission shall establish
 9835  guidelines governing the award of grants and the administration
 9836  of this program. The department Office of Tourism, Trade, and
 9837  Economic Development has final approval authority for any grants
 9838  under this section. The total annual allocation of funds for
 9839  this program shall not exceed $40,000.
 9840         Section 167. Subsection (1) of section 288.1251, Florida
 9841  Statutes, is amended to read:
 9842         288.1251 Promotion and development of entertainment
 9843  industry; Office of Film and Entertainment; creation; purpose;
 9844  powers and duties.—
 9845         (1) CREATION.—
 9846         (a) There is hereby created within the department Office of
 9847  Tourism, Trade, and Economic Development the Office of Film and
 9848  Entertainment for the purpose of developing, marketing,
 9849  promoting, and providing services to the state’s entertainment
 9850  industry.
 9851         (b) The department Office of Tourism, Trade, and Economic
 9852  Development shall conduct a national search for a qualified
 9853  person to fill the position of Commissioner of Film and
 9854  Entertainment when the position is vacant. The executive
 9855  director of the department Office of Tourism, Trade, and
 9856  Economic Development has the responsibility to hire the film
 9857  commissioner. Qualifications for the film commissioner include,
 9858  but are not limited to, the following:
 9859         1. A working knowledge of the equipment, personnel,
 9860  financial, and day-to-day production operations of the
 9861  industries to be served by the Office of Film and Entertainment;
 9862         2. Marketing and promotion experience related to the film
 9863  and entertainment industries to be served;
 9864         3. Experience working with a variety of individuals
 9865  representing large and small entertainment-related businesses,
 9866  industry associations, local community entertainment industry
 9867  liaisons, and labor organizations; and
 9868         4. Experience working with a variety of state and local
 9869  governmental agencies.
 9870         Section 168. Subsections (1) and (2), paragraphs (d), (f),
 9871  (g), and (h) of subsection (5) of section 288.1252, Florida
 9872  Statutes, are amended to read:
 9873         288.1252 Florida Film and Entertainment Advisory Council;
 9874  creation; purpose; membership; powers and duties.—
 9875         (1) CREATION.—There is hereby created within the department
 9876  Office of Tourism, Trade, and Economic Development of the
 9877  Executive Office of the Governor, for administrative purposes
 9878  only, the Florida Film and Entertainment Advisory Council.
 9879         (2) PURPOSE.—The purpose of the council is shall be to
 9880  serve as an advisory body to the department Office of Tourism,
 9881  Trade, and Economic Development and to the Office of Film and
 9882  Entertainment to provide these offices with industry insight and
 9883  expertise related to developing, marketing, promoting, and
 9884  providing service to the state’s entertainment industry.
 9885         (5) POWERS AND DUTIES.—The Florida Film and Entertainment
 9886  Advisory Council shall have all the powers necessary or
 9887  convenient to carry out and effectuate the purposes and
 9888  provisions of this act, including, but not limited to, the power
 9889  to:
 9890         (d) Consider and study the needs of the entertainment
 9891  industry for the purpose of advising the film commissioner and
 9892  the department Office of Tourism, Trade, and Economic
 9893  Development.
 9894         (f) Consider all matters submitted to it by the film
 9895  commissioner and the department Office of Tourism, Trade, and
 9896  Economic Development.
 9897         (g) Advise and consult with the film commissioner and the
 9898  department Office of Tourism, Trade, and Economic Development,
 9899  at their request or upon its own initiative, regarding the
 9900  promulgation, administration, and enforcement of all laws and
 9901  rules relating to the entertainment industry.
 9902         (h) Suggest policies and practices for the conduct of
 9903  business by the Office of Film and Entertainment or by the
 9904  department Office of Tourism, Trade, and Economic Development
 9905  that will improve internal operations affecting the
 9906  entertainment industry and will enhance the economic development
 9907  initiatives of the state for the industry.
 9908         Section 169. Subsections (1), (2), (3), and (4) of section
 9909  288.1253, Florida Statutes, are amended to read:
 9910         288.1253 Travel and entertainment expenses.—
 9911         (1) As used in this section, the term “travel expenses”
 9912  means the actual, necessary, and reasonable costs of
 9913  transportation, meals, lodging, and incidental expenses normally
 9914  incurred by an employee of the Office of Film and Entertainment,
 9915  which costs are defined and prescribed by rules adopted by the
 9916  department Office of Tourism, Trade, and Economic Development,
 9917  subject to approval by the Chief Financial Officer.
 9918         (2) Notwithstanding the provisions of s. 112.061, the
 9919  department Office of Tourism, Trade, and Economic Development
 9920  shall adopt rules by which it may make expenditures by
 9921  reimbursement to: the Governor, the Lieutenant Governor,
 9922  security staff of the Governor or Lieutenant Governor, the
 9923  Commissioner of Film and Entertainment, or staff of the Office
 9924  of Film and Entertainment for travel expenses or entertainment
 9925  expenses incurred by such individuals solely and exclusively in
 9926  connection with the performance of the statutory duties of the
 9927  Office of Film and Entertainment. The rules are subject to
 9928  approval by the Chief Financial Officer before adoption. The
 9929  rules shall require the submission of paid receipts, or other
 9930  proof of expenditure prescribed by the Chief Financial Officer,
 9931  with any claim for reimbursement.
 9932         (3) The department Office of Tourism, Trade, and Economic
 9933  Development shall prepare an annual report of the expenditures
 9934  of the Office of Film and Entertainment and provide such report
 9935  to the Legislature no later than December 30 of each year for
 9936  the expenditures of the previous fiscal year. The report shall
 9937  consist of a summary of all travel, entertainment, and
 9938  incidental expenses incurred within the United States and all
 9939  travel, entertainment, and incidental expenses incurred outside
 9940  the United States, as well as a summary of all successful
 9941  projects that developed from such travel.
 9942         (4) The Office of Film and Entertainment and its employees
 9943  and representatives, when authorized, may accept and use
 9944  complimentary travel, accommodations, meeting space, meals,
 9945  equipment, transportation, and any other goods or services
 9946  necessary for or beneficial to the performance of the office’s
 9947  duties and purposes, so long as such acceptance or use is not in
 9948  conflict with part III of chapter 112. The department Office of
 9949  Tourism, Trade, and Economic Development shall, by rule, develop
 9950  internal controls to ensure that such goods or services accepted
 9951  or used pursuant to this subsection are limited to those that
 9952  will assist solely and exclusively in the furtherance of the
 9953  office’s goals and are in compliance with part III of chapter
 9954  112.
 9955         Section 170. Paragraph (a) of subsection (1), paragraphs
 9956  (d) and (f) of subsection (3), paragraphs (c) and (d) of
 9957  subsection (4), paragraph (a) of subsection (5), and paragraph
 9958  (b) of subsection (9) of section 288.1254, Florida Statutes, are
 9959  amended to read:
 9960         288.1254 Entertainment industry financial incentive
 9961  program.—
 9962         (1) DEFINITIONS.—As used in this section, the term:
 9963         (a) “Certified production” means a qualified production
 9964  that has tax credits allocated to it by the department Office of
 9965  Tourism, Trade, and Economic Development based on the
 9966  production’s estimated qualified expenditures, up to the
 9967  production’s maximum certified amount of tax credits, by the
 9968  department Office of Tourism, Trade, and Economic Development.
 9969  The term does not include a production if its first day of
 9970  principal photography or project start date in this state occurs
 9971  before the production is certified by the department Office of
 9972  Tourism, Trade, and Economic Development, unless the production
 9973  spans more than 1 fiscal year, was a certified production on its
 9974  first day of principal photography or project start date in this
 9975  state, and submits an application for continuing the same
 9976  production for the subsequent fiscal year.
 9977         (3) APPLICATION PROCEDURE; APPROVAL PROCESS.—
 9978         (d) Certification.—The Office of Film and Entertainment
 9979  shall review the application within 15 business days after
 9980  receipt. Upon its determination that the application contains
 9981  all the information required by this subsection and meets the
 9982  criteria set out in this section, the Office of Film and
 9983  Entertainment shall qualify the applicant and recommend to the
 9984  department Office of Tourism, Trade, and Economic Development
 9985  that the applicant be certified for the maximum tax credit award
 9986  amount. Within 5 business days after receipt of the
 9987  recommendation, the department Office of Tourism, Trade, and
 9988  Economic Development shall reject the recommendation or certify
 9989  the maximum recommended tax credit award, if any, to the
 9990  applicant and to the executive director of the Department of
 9991  Revenue.
 9992         (f) Verification of actual qualified expenditures.—
 9993         1. The Office of Film and Entertainment shall develop a
 9994  process to verify the actual qualified expenditures of a
 9995  certified production. The process must require:
 9996         a. A certified production to submit, in a timely manner
 9997  after production ends in this state and after making all of its
 9998  qualified expenditures in this state, data substantiating each
 9999  qualified expenditure, including documentation on the net
10000  expenditure on equipment and other tangible personal property by
10001  the qualified production, to an independent certified public
10002  accountant licensed in this state;
10003         b. Such accountant to conduct a compliance audit, at the
10004  certified production’s expense, to substantiate each qualified
10005  expenditure and submit the results as a report, along with the
10006  required substantiating data, to the Office of Film and
10007  Entertainment; and
10008         c. The Office of Film and Entertainment to review the
10009  accountant’s submittal and report to the department Office of
10010  Tourism, Trade, and Economic Development the final verified
10011  amount of actual qualified expenditures made by the certified
10012  production.
10013         2. The department Office of Tourism, Trade, and Economic
10014  Development shall determine and approve the final tax credit
10015  award amount to each certified applicant based on the final
10016  verified amount of actual qualified expenditures and shall
10017  notify the executive director of the Department of Revenue in
10018  writing that the certified production has met the requirements
10019  of the incentive program and of the final amount of the tax
10020  credit award. The final tax credit award amount may not exceed
10021  the maximum tax credit award amount certified under paragraph
10022  (d).
10023         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
10024  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
10025  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
10026  ACQUISITIONS.—
10027         (c) Withdrawal of tax credit eligibility.—A qualified or
10028  certified production must continue on a reasonable schedule,
10029  which includes beginning principal photography or the production
10030  project in this state no more than 45 calendar days before or
10031  after the principal photography or project start date provided
10032  in the production’s program application. The department Office
10033  of Tourism, Trade, and Economic Development shall withdraw the
10034  eligibility of a qualified or certified production that does not
10035  continue on a reasonable schedule.
10036         (d) Election and distribution of tax credits.—
10037         1. A certified production company receiving a tax credit
10038  award under this section shall, at the time the credit is
10039  awarded by the department Office of Tourism, Trade, and Economic
10040  Development after production is completed and all requirements
10041  to receive a credit award have been met, make an irrevocable
10042  election to apply the credit against taxes due under chapter
10043  220, against state taxes collected or accrued under chapter 212,
10044  or against a stated combination of the two taxes. The election
10045  is binding upon any distributee, successor, transferee, or
10046  purchaser. The department Office of Tourism, Trade, and Economic
10047  Development shall notify the Department of Revenue of any
10048  election made pursuant to this paragraph.
10049         2. A qualified production company is eligible for tax
10050  credits against its sales and use tax liabilities and corporate
10051  income tax liabilities as provided in this section. However, tax
10052  credits awarded under this section may not be claimed against
10053  sales and use tax liabilities or corporate income tax
10054  liabilities for any tax period beginning before July 1, 2011,
10055  regardless of when the credits are applied for or awarded.
10056         (5) TRANSFER OF TAX CREDITS.—
10057         (a) Authorization.—Upon application to the Office of Film
10058  and Entertainment and approval by the department Office of
10059  Tourism, Trade, and Economic Development, a certified production
10060  company, or a partner or member that has received a distribution
10061  under paragraph (4)(g), may elect to transfer, in whole or in
10062  part, any unused credit amount granted under this section. An
10063  election to transfer any unused tax credit amount under chapter
10064  212 or chapter 220 must be made no later than 5 years after the
10065  date the credit is awarded, after which period the credit
10066  expires and may not be used. The department Office of Tourism,
10067  Trade, and Economic Development shall notify the Department of
10068  Revenue of the election and transfer.
10069         (9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
10070  CREDITS; FRAUDULENT CLAIMS.—
10071         (b) Revocation of tax credits.—The department Office of
10072  Tourism, Trade, and Economic Development may revoke or modify
10073  any written decision qualifying, certifying, or otherwise
10074  granting eligibility for tax credits under this section if it is
10075  discovered that the tax credit applicant submitted any false
10076  statement, representation, or certification in any application,
10077  record, report, plan, or other document filed in an attempt to
10078  receive tax credits under this section. The department Office of
10079  Tourism, Trade, and Economic Development shall immediately
10080  notify the Department of Revenue of any revoked or modified
10081  orders affecting previously granted tax credits. Additionally,
10082  the applicant must notify the Department of Revenue of any
10083  change in its tax credit claimed.
10084         Section 171. Section 288.7015, Florida Statutes, is amended
10085  to read:
10086         288.7015 Appointment of rules ombudsman; duties.—The
10087  Governor shall appoint a rules ombudsman, as defined in s.
10088  288.703, in the Executive Office of the Governor, for
10089  considering the impact of agency rules on the state’s citizens
10090  and businesses. In carrying out duties as provided by law, the
10091  ombudsman shall consult with Enterprise Florida, Inc., at which
10092  point the department office may recommend to improve the
10093  regulatory environment of this state. The duties of the rules
10094  ombudsman are to:
10095         (1) Carry out the responsibility provided in s. 120.54(2),
10096  with respect to small businesses.
10097         (2) Review state agency rules that adversely or
10098  disproportionately impact businesses, particularly those
10099  relating to small and minority businesses.
10100         (3) Make recommendations on any existing or proposed rules
10101  to alleviate unnecessary or disproportionate adverse effects to
10102  businesses.
10103         (4) Each state agency shall cooperate fully with the rules
10104  ombudsman in identifying such rules. Further, each agency shall
10105  take the necessary steps to waive, modify, or otherwise minimize
10106  such adverse effects of any such rules. However, nothing in this
10107  section authorizes any state agency to waive, modify, provide
10108  exceptions to, or otherwise alter any rule that is:
10109         (a) Expressly required to implement or enforce any
10110  statutory provision or the express legislative intent thereof;
10111         (b) Designed to protect persons against discrimination on
10112  the basis of race, color, national origin, religion, sex, age,
10113  handicap, or marital status; or
10114         (c) Likely to prevent a significant risk or danger to the
10115  public health, the public safety, or the environment of the
10116  state.
10117         (5) The modification or waiver of any such rule pursuant to
10118  this section must be accomplished in accordance with the
10119  provisions of chapter 120.
10120         Section 172. Section 288.703, Florida Statutes, is amended
10121  to read:
10122         288.703 Definitions.—As used in ss. 288.702-288.706, the
10123  term this act, the following words and terms shall have the
10124  following meanings unless the content shall indicate another
10125  meaning or intent:
10126         (6)(1) “Small business” means an independently owned and
10127  operated business concern that employs 200 or fewer permanent
10128  full-time employees and that, together with its affiliates, has
10129  a net worth of not more than $5 million or any firm based in
10130  this state which has a Small Business Administration 8(a)
10131  certification. As applicable to sole proprietorships, the $5
10132  million net worth requirement shall include both personal and
10133  business investments.
10134         (3)(2) “Minority business enterprise” means any small
10135  business concern as defined in subsection (6)(1) which is
10136  organized to engage in commercial transactions, which is
10137  domiciled in Florida, and which is at least 51-percent-owned by
10138  minority persons who are members of an insular group that is of
10139  a particular racial, ethnic, or gender makeup or national
10140  origin, which has been subjected historically to disparate
10141  treatment due to identification in and with that group resulting
10142  in an underrepresentation of commercial enterprises under the
10143  group’s control, and whose management and daily operations are
10144  controlled by such persons. A minority business enterprise may
10145  primarily involve the practice of a profession. Ownership by a
10146  minority person does not include ownership which is the result
10147  of a transfer from a nonminority person to a minority person
10148  within a related immediate family group if the combined total
10149  net asset value of all members of such family group exceeds $1
10150  million. For purposes of this subsection, the term “related
10151  immediate family group” means one or more children under 16
10152  years of age and a parent of such children or the spouse of such
10153  parent residing in the same house or living unit.
10154         (4)(3) “Minority person” means a lawful, permanent resident
10155  of Florida who is:
10156         (a) An African American, a person having origins in any of
10157  the black racial groups of the African Diaspora, regardless of
10158  cultural origin.
10159         (b) A Hispanic American, a person of Spanish or Portuguese
10160  culture with origins in Spain, Portugal, Mexico, South America,
10161  Central America, or the Caribbean, regardless of race.
10162         (c) An Asian American, a person having origins in any of
10163  the original peoples of the Far East, Southeast Asia, the Indian
10164  Subcontinent, or the Pacific Islands, including the Hawaiian
10165  Islands before prior to 1778.
10166         (d) A Native American, a person who has origins in any of
10167  the Indian Tribes of North America before prior to 1835, upon
10168  presentation of proper documentation thereof as established by
10169  rule of the Department of Management Services.
10170         (e) An American woman.
10171         (1)(4) “Certified minority business enterprise” means a
10172  business which has been certified by the certifying organization
10173  or jurisdiction in accordance with s. 287.0943(1) and (2).
10174         (5)“Department” means the Department of Management
10175  Services.
10176         (5)(6) “Ombudsman” means an office or individual whose
10177  responsibilities include coordinating with the Office of
10178  Supplier Diversity for the interests of and providing assistance
10179  to small and minority business enterprises in dealing with
10180  governmental agencies and in developing proposals for changes in
10181  state agency rules.
10182         (2)(7) “Financial institution” means any bank, trust
10183  company, insurance company, savings and loan association, credit
10184  union, federal lending agency, or foundation.
10185         (8)“Secretary” means the secretary of the Department of
10186  Management Services.
10187         Section 173. Section 288.705, Florida Statutes, is amended
10188  to read:
10189         288.705 Statewide contracts register.—All state agencies
10190  shall in a timely manner provide the Florida Small Business
10191  Development Center Procurement System with all formal
10192  solicitations for contractual services, supplies, and
10193  commodities. The Small Business Development Center shall
10194  coordinate with Minority Business Development Centers to compile
10195  and distribute this information to small and minority businesses
10196  requesting such service for the period of time necessary to
10197  familiarize the business with the market represented by state
10198  agencies. On or before February 1 of each year, the Small
10199  Business Development Center shall report to the department
10200  Agency for Workforce Innovation on the use of the statewide
10201  contracts register. The report shall include, but not be limited
10202  to, information relating to:
10203         (1) The total number of solicitations received from state
10204  agencies during the calendar year.
10205         (2) The number of solicitations received from each state
10206  agency during the calendar year.
10207         (3) The method of distributing solicitation information to
10208  businesses requesting such service.
10209         (4) The total number of businesses using the service.
10210         (5) The percentage of businesses using the service which
10211  are owned and controlled by minorities.
10212         (6) The percentage of service-disabled veteran business
10213  enterprises using the service.
10214         Section 174. Subsection (12) of section 288.706, Florida
10215  Statutes, is amended to read:
10216         288.706 Florida Minority Business Loan Mobilization
10217  Program.—
10218         (12) The Department of Management Services shall
10219  collaborate with Enterprise Florida, Inc., the Florida Black
10220  Business Investment Board, Inc., and the department Office of
10221  Tourism, Trade, and Economic Development to assist in the
10222  development and enhancement of black business enterprises.
10223         Section 175. Subsection (2) of section 288.7094, Florida
10224  Statutes, is amended to read:
10225         288.7094 Black business investment corporations.—
10226         (2) A black business investment corporation that meets the
10227  requirements of s. 288.7102(4) is eligible to participate in the
10228  Black Business Loan Program and shall receive priority
10229  consideration by the department Office of Tourism, Trade, and
10230  Economic Development for participation in the program.
10231         Section 176. Section 288.7102, Florida Statutes, is amended
10232  to read:
10233         288.7102 Black Business Loan Program.—
10234         (1) The Black Business Loan Program is established in the
10235  department, which Office of Tourism, Trade, and Economic
10236  Development. Under the program, the office shall annually
10237  certify eligible recipients and subsequently disburse funds
10238  appropriated by the Legislature, through such eligible
10239  recipients, to black business enterprises that cannot obtain
10240  capital through conventional lending institutions but that could
10241  otherwise compete successfully in the private sector.
10242         (2) The department office shall establish an application
10243  and annual certification process for entities seeking funds to
10244  participate in providing loans, loan guarantees, or investments
10245  in black business enterprises pursuant to the Florida Black
10246  Business Investment Act. The department office shall process all
10247  applications and recertifications submitted by June 1 on or
10248  before July 31.
10249         (3) If the Black Business Loan Program is appropriated any
10250  funding in a fiscal year, the department Office shall distribute
10251  an equal amount of the appropriation, calculated as the total
10252  annual appropriation divided by the total number of program
10253  recipients certified on or before July 31 of that fiscal year.
10254         (4) To be eligible to receive funds and provide loans, loan
10255  guarantees, or investments under this section, a recipient must:
10256         (a) Be a corporation registered in the state.
10257         (b) For an existing recipient, annually submit to the
10258  department office a financial audit performed by an independent
10259  certified public account for the most recently completed fiscal
10260  year, which audit does not reveal any material weaknesses or
10261  instances of material noncompliance.
10262         (c) For a new recipient:
10263         1. Demonstrate that its board of directors includes
10264  citizens of the state experienced in the development of black
10265  business enterprises.
10266         2. Demonstrate that the recipient has a business plan that
10267  allows the recipient to operate in a manner consistent with this
10268  section ss. 288.707-288.714 and the rules of the department
10269  office.
10270         3. Demonstrate that the recipient has the technical skills
10271  to analyze and evaluate applications by black business
10272  enterprises for loans, loan guarantees, or investments.
10273         4. Demonstrate that the recipient has established viable
10274  partnerships with public and private funding sources, economic
10275  development agencies, and workforce development and job referral
10276  networks.
10277         5. Demonstrate that the recipient can provide a private
10278  match equal to 20 percent of the amount of funds provided by the
10279  department office.
10280         (d) For an existing or new recipient, agree to maintain the
10281  recipient’s books and records relating to funds received by the
10282  department office according to generally accepted accounting
10283  principles and in accordance with the requirements of s.
10284  215.97(7) and to make those books and records available to the
10285  department office for inspection upon reasonable notice.
10286         (5) Each eligible recipient must meet the requirements of
10287  this section provisions of ss. 288.707-288.714, the terms of the
10288  contract between the recipient and the department Office, and
10289  any other applicable state or federal laws. An entity may not
10290  receive funds under ss. 288.707-288.714 unless the entity meets
10291  annual certification requirements.
10292         (6) Upon approval by the department Office and before
10293  release of the funds as provided in this section, the department
10294  Office shall issue a letter certifying the applicant as
10295  qualified for an award. The department Office and the applicant
10296  shall enter into an agreement that sets forth the conditions for
10297  award of the funds. The agreement must include the total amount
10298  of funds awarded; the performance conditions that must be met
10299  once the funding has been awarded, including, but not limited
10300  to, compliance with all of the requirements of this section for
10301  eligible recipients of funds under this section; and sanctions
10302  for failure to meet performance conditions, including any
10303  provisions to recover awards.
10304         (7) The department Office, in consultation with the board,
10305  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
10306  implement this section.
10307         (8) A black business investment corporation certified by
10308  the department Office as an eligible recipient under this
10309  section is authorized to use funds appropriated for the Black
10310  Business Loan Program in any of the following forms:
10311         (a) Purchases of stock, preferred or common, voting or
10312  nonvoting; however, no more than 40 percent of the funds may be
10313  used for direct investments in black business enterprises;
10314         (b) Loans or loan guarantees, with or without recourse, in
10315  either a subordinated or priority position; or
10316         (c) Technical support to black business enterprises, not to
10317  exceed 9 percent of the funds received, and direct
10318  administrative costs, not to exceed 12 percent of the funds
10319  received.
10320         (9) It is the intent of the Legislature that if any one
10321  type of investment mechanism authorized in subsection (8) is
10322  held to be invalid, all other valid mechanisms remain available.
10323         (10) All loans, loan guarantees, and investments, and any
10324  income related thereto, shall be used to carry out the public
10325  purpose of ss. 288.707-288.714, which is to develop black
10326  business enterprises. This subsection does not preclude a
10327  reasonable profit for the participating black business
10328  investment corporation or for return of equity developed to the
10329  state and participating financial institutions upon any
10330  distribution of the assets or excess income of the investment
10331  corporation.
10332         Section 177. Section 288.714, Florida Statutes, is amended
10333  to read:
10334         288.714 Quarterly and annual reports.—
10335         (1) Each recipient of state funds under s. 288.7102 shall
10336  provide to the department Office a quarterly report within 15
10337  days after the end of each calendar quarter that includes a
10338  detailed summary of the recipient’s performance of the duties
10339  imposed by s. 288.7102, including, but not limited to:
10340         (a) The dollar amount of all loans or loan guarantees made
10341  to black business enterprises, the percentages of the loans
10342  guaranteed, and the names and identification of the types of
10343  businesses served.
10344         (b) Loan performance information.
10345         (c) The amount and nature of all other financial assistance
10346  provided to black business enterprises.
10347         (d) The amount and nature of technical assistance provided
10348  to black business enterprises, including technical assistance
10349  services provided in areas in which such services are otherwise
10350  unavailable.
10351         (e) A balance sheet for the recipient, including an
10352  explanation of all investments and administrative and
10353  operational expenses.
10354         (f) A summary of all services provided to nonblack business
10355  enterprises, including the dollar value and nature of such
10356  services and the names and identification of the types of
10357  businesses served.
10358         (g) Any other information as required by policies adopted
10359  by the department Office.
10360         (2) The department Office must compile a summary of all
10361  quarterly reports and provide a copy of the summary to the board
10362  within 30 days after the end of each calendar quarter that
10363  includes a detailed summary of the recipient’s performance of
10364  the duties imposed by s. 288.7102.
10365         (3) By August 31 of each year, the department Office shall
10366  provide to the Governor, the President of the Senate, and the
10367  Speaker of the House of Representatives a detailed report of the
10368  performance of the Black Business Loan Program. The report must
10369  include a cumulative summary of quarterly report data required
10370  by subsection (1).
10371         (4) By August 31 of each year, the board shall provide to
10372  the Governor, the President of the Senate, and the Speaker of
10373  the House of Representatives a detailed report of the board’s
10374  performance, including:
10375         (a) A description of the strategies implemented by the
10376  board to increase private investment in black business
10377  enterprises.
10378         (b) A summary of the board’s performance of its duties
10379  under ss. 288.707-288.712.
10380         (c) The most recent 5-year projection of the need for
10381  capital by black business enterprises.
10382         (d) Recommendations for legislative or other changes to
10383  enhance the development and expansion of black business
10384  enterprises in the state.
10385         (e) A projection of the program’s activities during the
10386  next 12 months.
10387         Section 178. Subsection (1) of section 288.773, Florida
10388  Statutes, is amended to read:
10389         288.773 Florida Export Finance Corporation.—The Florida
10390  Export Finance Corporation is hereby created as a corporation
10391  not for profit, to be incorporated under the provisions of
10392  chapter 617 and approved by the Department of State. The
10393  corporation is organized on a nonstock basis. The purpose of the
10394  corporation is to expand employment and income opportunities for
10395  residents of this state through increased exports of goods and
10396  services, by providing businesses domiciled in this state
10397  information and technical assistance on export opportunities,
10398  exporting techniques, and financial assistance through
10399  guarantees and direct loan originations for sale in support of
10400  export transactions. The corporation shall have the power and
10401  authority to carry out the following functions:
10402         (1) To coordinate the efforts of the corporation with
10403  programs and goals of the United States Export-Import Bank, the
10404  International Trade Administration of the United States
10405  Department of Commerce, the Foreign Credit Insurance
10406  Association, Enterprise Florida, Inc., and its boards, and other
10407  private and public programs and organizations, domestic and
10408  foreign, designed to provide export assistance and export
10409  related financing.
10410         Section 179. Paragraph (b) of subsection (3) of section
10411  288.774, Florida Statutes, is amended to read:
10412         288.774 Powers and limitations.—
10413         (3)
10414         (b) In providing assistance, the board shall be guided by
10415  the statewide economic development plan adopted by the
10416  department pursuant to s. 288.905.
10417         Section 180. Paragraph (a) of subsection (1) and paragraph
10418  (g) of subsection (3) of section 288.776, Florida Statutes, are
10419  amended to read:
10420         288.776 Board of directors; powers and duties.—
10421         (1)(a) The corporation shall have a board of directors
10422  consisting of 15 members representing all geographic areas of
10423  the state. Minority and gender representation must be considered
10424  when making appointments to the board. The board membership must
10425  include:
10426         1. A representative of the following businesses, all of
10427  which must be registered to do business in this state: a foreign
10428  bank, a state bank, a federal bank, an insurance company
10429  involved in covering trade financing risks, and a small or
10430  medium-sized exporter.
10431         2. The following persons or their designee: the President
10432  of Enterprise Florida, Inc., the Chief Financial Officer, the
10433  Secretary of State, and a senior official of the United States
10434  Department of Commerce, and the chair of the Florida Black
10435  Business Investment Board.
10436         (3) The board shall:
10437         (g) Consult with Enterprise Florida, Inc., and its boards,
10438  or any state or federal agency, to ensure that the respective
10439  loan guarantee or working capital loan origination programs are
10440  not duplicative and that each program makes full use of, to the
10441  extent practicable, the resources of the other.
10442         Section 181. Section 288.7771, Florida Statutes, is amended
10443  to read:
10444         288.7771 Annual report of Florida Export Finance
10445  Corporation.—The corporation shall annually prepare and submit
10446  to the department Enterprise Florida, Inc., for inclusion in its
10447  annual report required by s. 288.095 a complete and detailed
10448  report setting forth:
10449         (1) The report required in s. 288.776(3).
10450         (2) Its assets and liabilities at the end of its most
10451  recent fiscal year.
10452         Section 182. Section 288.816, Florida Statutes, is amended
10453  to read:
10454         288.816 Intergovernmental relations.—
10455         (1) The state protocol officer Office of Tourism, Trade,
10456  and Economic Development shall be responsible for consular
10457  operations and the sister city and sister state program and
10458  shall serve as liaison with foreign, federal, and other state
10459  international organizations and with county and municipal
10460  governments in Florida.
10461         (2) The state protocol officer Office of Tourism, Trade,
10462  and Economic Development shall be responsible for all consular
10463  relations between the state and all foreign governments doing
10464  business in Florida. The state protocol officer office shall
10465  monitor United States laws and directives to ensure that all
10466  federal treaties regarding foreign privileges and immunities are
10467  properly observed. The state protocol officer office shall
10468  promulgate rules which shall:
10469         (a) Establish a viable system of registration for foreign
10470  government officials residing or having jurisdiction in the
10471  state. Emphasis shall be placed on maintaining active
10472  communication between the state protocol officer Office of
10473  Tourism, Trade, and Economic Development and the United States
10474  Department of State in order to be currently informed regarding
10475  foreign governmental personnel stationed in, or with official
10476  responsibilities for, Florida. Active dialogue shall also be
10477  maintained with foreign countries which historically have had
10478  dealings with Florida in order to keep them informed of the
10479  proper procedure for registering with the state.
10480         (b) Maintain and systematically update a current and
10481  accurate list of all such foreign governmental officials,
10482  consuls, or consulates.
10483         (c) Issue certificates to such foreign governmental
10484  officials after verification pursuant to proper investigations
10485  through United States Department of State sources and the
10486  appropriate foreign government.
10487         (d) Verify entitlement to sales and use tax exemptions
10488  pursuant to United States Department of State guidelines and
10489  identification methods.
10490         (e) Verify entitlement to issuance of special motor vehicle
10491  license plates by the Division of Motor Vehicles of the
10492  Department of Highway Safety and Motor Vehicles to honorary
10493  consuls or such other officials representing foreign governments
10494  who are not entitled to issuance of special Consul Corps license
10495  plates by the United States Government.
10496         (f) Establish a system of communication to provide all
10497  state and local law enforcement agencies with information
10498  regarding proper procedures relating to the arrest or
10499  incarceration of a foreign citizen.
10500         (g) Request the Department of Law Enforcement to provide
10501  transportation and protection services when necessary pursuant
10502  to s. 943.68.
10503         (h) Coordinate, when necessary, special activities between
10504  foreign governments and Florida state and local governments.
10505  These may include Consular Corps Day, Consular Corps
10506  conferences, and various other social, cultural, or educational
10507  activities.
10508         (i) Notify all newly arrived foreign governmental officials
10509  of the services offered by the state protocol officer Office of
10510  Tourism, Trade, and Economic Development.
10511         (3) The state protocol officer Office of Tourism, Trade,
10512  and Economic Development shall operate the sister city and
10513  sister state program and establish such new programs as needed
10514  to further global understanding through the interchange of
10515  people, ideas, and culture between Florida and the world. To
10516  accomplish this purpose, the state protocol officer office shall
10517  have the power and authority to:
10518         (a) Coordinate and carry out activities designed to
10519  encourage the state and its subdivisions to participate in
10520  sister city and sister state affiliations with foreign countries
10521  and their subdivisions. Such activities may include a State of
10522  Florida sister cities conference.
10523         (b) Encourage cooperation with and disseminate information
10524  pertaining to the Sister Cities International Program and any
10525  other program whose object is to promote linkages with foreign
10526  countries and their subdivisions.
10527         (c) Maximize any aid available from all levels of
10528  government, public and private agencies, and other entities to
10529  facilitate such activities.
10530         (d) Establish a viable system of registration for sister
10531  city and sister state affiliations between the state and foreign
10532  countries and their subdivisions. Such system shall include a
10533  method to determine that sufficient ties are properly
10534  established as well as a method to supervise how these ties are
10535  maintained.
10536         (e) Maintain a current and accurate listing of all such
10537  affiliations. Sister city affiliations shall not be discouraged
10538  between the state and any country specified in s. 620(f)(1) of
10539  the federal Foreign Assistance Act of 1961, as amended, with
10540  whom the United States is currently conducting diplomatic
10541  relations unless a mandate from the United States Government
10542  expressly prohibits such affiliations.
10543         (4) The state protocol officer Office of Tourism, Trade,
10544  and Economic Development shall serve as a contact for the state
10545  with the Florida Washington Office, the Florida Congressional
10546  Delegation, and United States Government agencies with respect
10547  to laws or policies which may affect the interests of the state
10548  in the area of international relations. All inquiries received
10549  regarding international economic trade development or reverse
10550  investment opportunities shall be referred to Enterprise
10551  Florida, Inc. In addition, the state protocol officer office
10552  shall serve as liaison with other states with respect to
10553  international programs of interest to Florida. The state
10554  protocol officer office shall also investigate and make
10555  suggestions regarding possible areas of joint action or regional
10556  cooperation with these states.
10557         (5) The state protocol officer Office of Tourism, Trade,
10558  and Economic Development shall have the power and duty to
10559  encourage the relocation to Florida of consular offices and
10560  multilateral and international agencies and organizations.
10561         (6) The department and Enterprise Florida, Inc., Office of
10562  Tourism, Trade, and Economic Development, through membership on
10563  the board of directors of Enterprise Florida, Inc., shall help
10564  to contribute an international perspective to the state’s
10565  development efforts.
10566         Section 183. Paragraph (a) of subsection (1) and subsection
10567  (2) of section 288.809, Florida Statutes, are amended to read:
10568         288.809 Florida Intergovernmental Relations Foundation; use
10569  of property; board of directors; audit.—
10570         (1) DEFINITIONS.—For the purposes of this section, the
10571  term:
10572         (a) “Florida Intergovernmental Relations Foundation” means
10573  a direct-support organization:
10574         1. Which is a corporation not for profit that is
10575  incorporated under the provisions of chapter 617 and approved by
10576  the Department of State;
10577         2. Which is organized and operated exclusively to solicit,
10578  receive, hold, invest, and administer property and, subject to
10579  the approval of the state protocol officer Office of Tourism,
10580  Trade, and Economic Development, to make expenditures to or for
10581  the promotion of intergovernmental relations programs; and
10582         3. Which the state protocol officer Office of Tourism,
10583  Trade, and Economic Development, after review, has certified to
10584  be operating in a manner consistent with the policies and goals
10585  of the state protocol officer office.
10586         (2) USE OF PROPERTY.—The state protocol officer Office of
10587  Tourism, Trade, and Economic Development:
10588         (a) May Is authorized to permit the use of property,
10589  facilities, and personal services of the Executive Office of the
10590  Governor Office of Tourism, Trade, and Economic Development by
10591  the foundation, subject to the provisions of this section.
10592         (b) Shall prescribe conditions with which the foundation
10593  must comply in order to use property, facilities, or personal
10594  services of the department. Such conditions shall provide for
10595  budget and audit review and for oversight by the state protocol
10596  officer Office of Tourism, Trade, and Economic Development.
10597         (c) Shall not permit the use of property, facilities, or
10598  personal services of the foundation if the foundation does not
10599  provide equal employment opportunities to all persons,
10600  regardless of race, color, national origin, sex, age, or
10601  religion.
10602         Section 184. Subsections (2) through (8) of section
10603  288.8175, Florida Statutes, are renumbered as subsections (1)
10604  through (7), respectively, and present subsections (1), (3),
10605  (4), and (8) of that section are amended to read:
10606         288.8175 Linkage institutes between postsecondary
10607  institutions in this state and foreign countries.—
10608         (1)As used in this section, the term “department” means
10609  the Department of Education.
10610         (2)(3) Each institute must be governed by an agreement
10611  between the Board of Governors of the State University System
10612  for a state university and the State Board of Education for a
10613  community college with the counterpart organization in a foreign
10614  country. Each institute must report to the Department of
10615  Education regarding its program activities, expenditures, and
10616  policies.
10617         (3)(4) Each institute must be co-administered in this state
10618  by a university-community college partnership, as designated in
10619  subsection (5), and must have a private sector and public sector
10620  advisory committee. The advisory committee must be
10621  representative of the international education and commercial
10622  interests of the state and may have members who are native to
10623  the foreign country partner. Six members must be appointed by
10624  the Department of Education. The Department of Education must
10625  appoint at least one member who is an international educator.
10626  The presidents, or their designees, of the participating
10627  university and community college must also serve on the advisory
10628  committee.
10629         (7)(8) A linkage institute may not be created or funded
10630  except upon the recommendation of the Department of Education
10631  and except by amendment to this section.
10632         Section 185. Section 288.826, Florida Statutes, is amended
10633  to read:
10634         288.826 Florida International Trade and Promotion Trust
10635  Fund.—There is hereby established in the State Treasury the
10636  Florida International Trade and Promotion Trust Fund. The moneys
10637  deposited into this trust fund shall be administered by the
10638  department Office of Tourism, Trade, and Economic Development
10639  for the operation of Enterprise Florida, Inc., and its boards
10640  and for the operation of Florida international foreign offices
10641  under s. 288.012.
10642         Section 186. Subsections (2) and (5) of section 288.95155,
10643  Florida Statutes, are amended to read:
10644         288.95155 Florida Small Business Technology Growth
10645  Program.—
10646         (2)(a) Enterprise Florida, Inc., shall establish a separate
10647  small business technology growth account in the Florida
10648  Technology Research Investment Fund for purposes of this
10649  section. Moneys in the account shall consist of appropriations
10650  by the Legislature, proceeds of any collateral used to secure
10651  such assistance, transfers, fees assessed for providing or
10652  processing such financial assistance, grants, interest earnings,
10653  and earnings on financial assistance.
10654         (b) For the 2009-2010 fiscal year only, Enterprise Florida,
10655  Inc., shall advance up to $600,000 from the account to the
10656  Institute for Commercialization of Public Research for its
10657  operations. This paragraph expires July 1, 2010.
10658         (5) Enterprise Florida, Inc., shall prepare for inclusion
10659  in the and include in its annual report of the department
10660  required by s. 288.095 a report on the financial status of the
10661  program. The report must specify the assets and liabilities of
10662  the program within the current fiscal year and must include a
10663  portfolio update that lists all of the businesses assisted, the
10664  private dollars leveraged by each business assisted, and the
10665  growth in sales and in employment of each business assisted.
10666         Section 187. Paragraph (e) of subsection (2), paragraph (a)
10667  of subsection (4), subsection (7), paragraph (b) of subsection
10668  (8), subsection (9), paragraph (l) of subsection (10), and
10669  subsection (15) of section 288.955, Florida Statutes, are
10670  amended, and present subsections (16) and (17) of that section
10671  are renumbered as subsections (15) and (16), respectively, to
10672  read:
10673         288.955 Scripps Florida Funding Corporation.—
10674         (2) CREATION.—
10675         (e) The department Office of Tourism, Trade, and Economic
10676  Development shall provide administrative support to the
10677  corporation as requested by the corporation. In the event of the
10678  dissolution of the corporation, the department office shall be
10679  the corporation’s successor in interest and shall assume all
10680  rights, duties, and obligations of the corporation under any
10681  contract to which the corporation is then a party and under law.
10682         (4) BOARD; MEMBERSHIP.—The corporation shall be governed by
10683  a board of directors.
10684         (a) The board of directors shall consist of nine voting
10685  members, of whom the Governor shall appoint three, the President
10686  of the Senate shall appoint three, and the Speaker of the House
10687  of Representatives shall appoint three. The executive director
10688  of the department Office of Tourism, Trade, and Economic
10689  Development or the director’s designee shall serve as an ex
10690  officio, nonvoting member of the board of directors.
10691         (7) INVESTMENT OF FUNDS.—The corporation must enter into an
10692  agreement with the State Board of Administration under which
10693  funds received by the corporation from the department Office of
10694  Tourism, Trade, and Economic Development which are not disbursed
10695  to the grantee shall be invested by the State Board of
10696  Administration on behalf of the corporation. Funds shall be
10697  invested in suitable instruments authorized under s. 215.47 and
10698  specified in investment guidelines established and agreed to by
10699  the State Board of Administration and the corporation.
10700         (8) CONTRACT.—
10701         (b) The contract, at a minimum, must contain provisions:
10702         1. Specifying the procedures and schedules that govern the
10703  disbursement of funds under this section and specifying the
10704  conditions or deliverables that the grantee must satisfy before
10705  the release of each disbursement.
10706         2. Requiring the grantee to submit to the corporation a
10707  business plan in a form and manner prescribed by the
10708  corporation.
10709         3. Prohibiting The Scripps Research Institute or the
10710  grantee from establishing other biomedical science or research
10711  facilities in any state other than this state or California for
10712  a period of 12 years from the commencement of the contract.
10713  Nothing in this subparagraph shall prohibit the grantee from
10714  establishing or engaging in normal collaborative activities with
10715  other organizations.
10716         4. Governing the ownership of or security interests in real
10717  property and personal property, including, but not limited to,
10718  research equipment, obtained through the financial support of
10719  state or local government, including a provision that in the
10720  event of a breach of the contract or in the event the grantee
10721  ceases operations in this state, such property purchased with
10722  state funds shall revert to the state and such property
10723  purchased with local funds shall revert to the local governing
10724  authority.
10725         5. Requiring the grantee to be an equal opportunity
10726  employer.
10727         6. Requiring the grantee to maintain a policy of awarding
10728  preference in employment to residents of this state, as defined
10729  by law, except for professional scientific staff positions
10730  requiring a doctoral degree, postdoctoral training positions,
10731  and graduate student positions.
10732         7. Requiring the grantee to maintain a policy of making
10733  purchases from vendors in this state, to the extent it is cost
10734  effective and scientifically sound.
10735         8. Requiring the grantee to use the Internet-based job
10736  listing system of the department Agency for Workforce Innovation
10737  in advertising employment opportunities.
10738         9. Requiring the grantee to establish accredited science
10739  degree programs.
10740         10. Requiring the grantee to establish internship programs
10741  to create learning opportunities for educators and secondary,
10742  postsecondary, graduate, and doctoral students.
10743         11. Requiring the grantee to submit data to the corporation
10744  on the activities and performance during each fiscal year and to
10745  provide to the corporation an annual accounting of the
10746  expenditure of funds disbursed under this section.
10747         12. Establishing that the corporation shall review the
10748  activities of the grantee to assess the grantee’s financial and
10749  operational compliance with the provisions of the contract and
10750  with relevant provisions of law.
10751         13. Authorizing the grantee, when feasible, to use
10752  information submitted by it to the Federal Government or to
10753  other organizations awarding research grants to the grantee to
10754  help meet reporting requirements imposed under this section or
10755  the contract, if the information satisfies the reporting
10756  standards of this section and the contract.
10757         14. Requiring the grantee during the first 7 years of the
10758  contract to create 545 positions and to acquire associated
10759  research equipment for the grantee’s facility in this state, and
10760  pay for related maintenance of the equipment, in a total amount
10761  of not less than $45 million.
10762         15. Requiring the grantee to progress in the creation of
10763  the total number of jobs prescribed in subparagraph 14. on the
10764  following schedule: At least 38 positions in the 1st year, 168
10765  positions in the 2nd year, 280 positions in the 3rd year, 367
10766  positions in the 4th year, 436 positions in the 5th year, 500
10767  positions in the 6th year, and 545 positions in the 7th year.
10768  The board may allow the grantee to deviate downward from such
10769  employee levels by 25 percent in any year, to allow the grantee
10770  flexibility in achieving the objectives set forth in the
10771  business plan provided to the corporation; however, the grantee
10772  must have no fewer than 545 positions by the end of the 7th
10773  year.
10774         16. Requiring the grantee to allow the corporation to
10775  retain an independent certified public accountant licensed in
10776  this state pursuant to chapter 473 to inspect the records of the
10777  grantee in order to audit the expenditure of funds disbursed to
10778  the grantee. The independent certified public accountant shall
10779  not disclose any confidential or proprietary scientific
10780  information of the grantee.
10781         17. Requiring the grantee to purchase liability insurance
10782  and governing the coverage level of such insurance.
10783         (9) PERFORMANCE EXPECTATIONS.—In addition to the provisions
10784  prescribed in subsection (8), the contract between the
10785  corporation and the grantee shall include a provision that the
10786  grantee, in cooperation with the department Office of Tourism,
10787  Trade, and Economic Development, shall report to the corporation
10788  on performance expectations that reflect the aspirations of the
10789  Governor and the Legislature for the benefits accruing to this
10790  state as a result of the funds appropriated pursuant to this
10791  section. These shall include, but are not limited to,
10792  performance expectations addressing:
10793         (a) The number and dollar value of research grants obtained
10794  from the Federal Government or sources other than this state.
10795         (b) The percentage of total research dollars received by
10796  The Scripps Research Institute from sources other than this
10797  state which is used to conduct research activities by the
10798  grantee in this state.
10799         (c) The number or value of patents obtained by the grantee.
10800         (d) The number or value of licensing agreements executed by
10801  the grantee.
10802         (e) The extent to which research conducted by the grantee
10803  results in commercial applications.
10804         (f) The number of collaborative agreements reached and
10805  maintained with colleges and universities in this state and with
10806  research institutions in this state, including agreements that
10807  foster participation in research opportunities by public and
10808  private colleges and universities and research institutions in
10809  this state with significant minority populations, including
10810  historically black colleges and universities.
10811         (g) The number of collaborative partnerships established
10812  and maintained with businesses in this state.
10813         (h) The total amount of funding received by the grantee
10814  from sources other than the State of Florida.
10815         (i) The number or value of spin-off businesses created in
10816  this state as a result of commercialization of the research of
10817  the grantee.
10818         (j) The number or value of businesses recruited to this
10819  state by the grantee.
10820         (k) The establishment and implementation of policies to
10821  promote supplier diversity using the guidelines developed by the
10822  Office of Supplier Diversity under s. 287.09451 and to comply
10823  with the ordinances, including any small business ordinances,
10824  enacted by the county and which are applicable to the biomedical
10825  research institution and campus located in this state.
10826         (l) The designation by the grantee of a representative to
10827  coordinate with the Office of Supplier Diversity.
10828         (m) The establishment and implementation of a program to
10829  conduct workforce recruitment activities at public and private
10830  colleges and universities and community colleges in this state
10831  which request the participation of the grantee.
10832  
10833  The contract shall require the grantee to provide information to
10834  the corporation on the progress in meeting these performance
10835  expectations on an annual basis. It is the intent of the
10836  Legislature that, in fulfilling its obligation to work with
10837  Florida’s public and private colleges and universities, Scripps
10838  Florida work with such colleges and universities regardless of
10839  size.
10840         (10) DISBURSEMENT CONDITIONS.—In addition to the provisions
10841  prescribed in subsection (8), the contract between the
10842  corporation and the grantee shall include disbursement
10843  conditions that must be satisfied by the grantee as a condition
10844  for the continued disbursement of funds under this section.
10845  These disbursement conditions shall be negotiated between the
10846  corporation and the grantee and shall not be designed to impede
10847  the ability of the grantee to attain full operational status.
10848  The disbursement conditions may be appropriately varied as to
10849  timeframes, numbers, values, and percentages. The disbursement
10850  conditions shall include, but are not limited to, the following
10851  areas:
10852         (l) Beginning June 2004, the grantee shall commence
10853  collaboration efforts with the department Office of Tourism,
10854  Trade, and Economic Development by complying with reasonable
10855  requests for cooperation in economic development efforts in the
10856  biomed/biotech industry. No later than July 2004, the grantee
10857  shall designate a person who shall be charged with assisting in
10858  these collaborative efforts.
10859         (15) PROGRAM EVALUATION.—
10860         (a) Before January 1, 2007, the Office of Program Policy
10861  Analysis and Government Accountability shall conduct a
10862  performance audit of the Office of Tourism, Trade, and Economic
10863  Development and the corporation relating to the provisions of
10864  this section. The audit shall assess the implementation and
10865  outcomes of activities under this section. At a minimum, the
10866  audit shall address:
10867         1. Performance of the Office of Tourism, Trade, and
10868  Economic Development in disbursing funds appropriated under this
10869  section.
10870         2. Performance of the corporation in managing and enforcing
10871  the contract with the grantee.
10872         3. Compliance by the corporation with the provisions of
10873  this section and the provisions of the contract.
10874         4. Economic activity generated through funds disbursed
10875  under the contract.
10876         (b) Before January 1, 2010, the Office of Program Policy
10877  Analysis and Government Accountability shall update the report
10878  required under this subsection. In addition to addressing the
10879  items prescribed in paragraph (a), the updated report shall
10880  include a recommendation on whether the Legislature should
10881  retain the statutory authority for the corporation.
10882  
10883  A report of each audit’s findings and recommendations shall be
10884  submitted to the Governor, the President of the Senate, and the
10885  Speaker of the House of Representatives. In completing the
10886  performance audits required under this subsection, the Office of
10887  Program Policy Analysis and Government Accountability shall
10888  maximize the use of reports submitted by the grantee to the
10889  Federal Government or to other organizations awarding research
10890  grants to the grantee.
10891         Section 188. Subsection (2) of section 288.9604, Florida
10892  Statutes, is amended to read:
10893         288.9604 Creation of the authority.—
10894         (2) The Governor, subject to confirmation by the Senate,
10895  shall appoint the board of directors of the corporation, who
10896  shall be five in number. The terms of office for the directors
10897  shall be for 4 years from the date of their appointment. A
10898  vacancy occurring during a term shall be filled for the
10899  unexpired term. A director shall be eligible for reappointment.
10900  At least three of the directors of the corporation shall be
10901  bankers who have been selected by the Governor from a list of
10902  bankers who were nominated by Enterprise Florida, Inc., and one
10903  of the directors shall be an economic development specialist.
10904  The chairperson of the Florida Black Business Investment Board
10905  shall be an ex officio member of the board of the corporation.
10906         Section 189. Paragraph (v) of subsection (2) of section
10907  288.9605, Florida Statutes, is amended to read:
10908         288.9605 Corporation powers.—
10909         (2) The corporation is authorized and empowered to:
10910         (v) Enter into investment agreements with Enterprise
10911  Florida, Inc., the Florida Black Business Investment Board
10912  concerning the issuance of bonds and other forms of indebtedness
10913  and capital for the purposes of ss. 288.707-288.714.
10914         Section 190. Subsection (1) of section 288.9606, Florida
10915  Statutes, is amended to read:
10916         288.9606 Issue of revenue bonds.—
10917         (1) When authorized by a public agency pursuant to s.
10918  163.01(7), the corporation has power in its corporate capacity,
10919  in its discretion, to issue revenue bonds or other evidences of
10920  indebtedness which a public agency has the power to issue, from
10921  time to time to finance the undertaking of any purpose of this
10922  act and ss. 288.707-288.714, including, without limiting the
10923  generality thereof, the payment of principal and interest upon
10924  any advances for surveys and plans or preliminary loans, and has
10925  the power to issue refunding bonds for the payment or retirement
10926  of bonds previously issued. Bonds issued pursuant to this
10927  section shall bear the name “Florida Development Finance
10928  Corporation Revenue Bonds.” The security for such bonds may be
10929  based upon such revenues as are legally available. In
10930  anticipation of the sale of such revenue bonds, the corporation
10931  may issue bond anticipation notes and may renew such notes from
10932  time to time, but the maximum maturity of any such note,
10933  including renewals thereof, may not exceed 5 years from the date
10934  of issuance of the original note. Such notes shall be paid from
10935  any revenues of the corporation available therefor and not
10936  otherwise pledged or from the proceeds of sale of the revenue
10937  bonds in anticipation of which they were issued. Any bond, note,
10938  or other form of indebtedness issued pursuant to this act shall
10939  mature no later than the end of the 30th fiscal year after the
10940  fiscal year in which the bond, note, or other form of
10941  indebtedness was issued.
10942         Section 191. Subsection (1) of section 288.9624, Florida
10943  Statutes, are amended to read:
10944         288.9624 Florida Opportunity Fund; creation; duties.—
10945         (1)(a) Enterprise Florida, Inc., shall facilitate the
10946  creation of the Florida Opportunity Fund, a private, not-for
10947  profit corporation organized and operated under chapter 617.
10948  Enterprise Florida, Inc., shall be the fund’s sole shareholder
10949  or member. The fund is not a public corporation or
10950  instrumentality of the state. The fund shall manage its business
10951  affairs and conduct business consistent with its organizational
10952  documents and the purposes set forth in this section.
10953  Notwithstanding the powers granted under chapter 617, the
10954  corporation may not amend, modify, or repeal a bylaw or article
10955  of incorporation without the express written consent of
10956  Enterprise Florida, Inc.
10957         (b) The board of directors of the Florida Opportunity Fund
10958  shall have five members, appointed by vote of the board of
10959  directors of Enterprise Florida, Inc. Board members shall serve
10960  terms as provided in the fund’s organizational documents. Within
10961  90 days before an anticipated vacancy by expiration of the term
10962  of a board member, the board of directors of the fund shall
10963  submit a list of three eligible nominees, which may include the
10964  incumbent, to the board of directors of Enterprise Florida, Inc.
10965  The board of directors of Enterprise Florida, Inc., may appoint
10966  a board member from the nominee list or may request and appoint
10967  from a new list of three nominees not included on the previous
10968  list. The vice chair of Enterprise Florida, Inc., shall select
10969  from among its sitting board of directors a five-person
10970  appointment committee. The appointment committee shall select
10971  five initial members of a board of directors for the fund.
10972         (c) The persons appointed elected to the initial board of
10973  directors by the appointment committee shall include persons who
10974  have expertise in the area of the selection and supervision of
10975  early stage investment managers or in the fiduciary management
10976  of investment funds and other areas of expertise as considered
10977  appropriate by the appointment committee.
10978         (d) After election of the initial board of directors,
10979  vacancies on the board shall be filled by vote of the board of
10980  directors of Enterprise Florida, Inc., and board members shall
10981  serve terms as provided in the fund’s organizational documents.
10982         (d)(e) Members of the board are subject to any restrictions
10983  on conflicts of interest specified in the organizational
10984  documents and may not have an interest in any venture capital
10985  investment selected by the fund under ss. 288.9621-288.9624.
10986         (e)(f) Members of the board shall serve without
10987  compensation, but members, the president of the board, and other
10988  board employees may be reimbursed for all reasonable, necessary,
10989  and actual expenses as determined and approved by the board
10990  pursuant to s. 112.061.
10991         (f)(g) The fund shall have all powers granted under its
10992  organizational documents and shall indemnify members to the
10993  broadest extent permissible under the laws of this state.
10994         Section 192. Subsections (3), (4), (5), and (6) of section
10995  288.9625, Florida Statutes, are amended to read:
10996         288.9625 Institute for the Commercialization of Public
10997  Research.—There is established at a public university or
10998  research center in this state the Institute for the
10999  Commercialization of Public Research.
11000         (3) The articles of incorporation of the institute must be
11001  approved in a written agreement with the department Enterprise
11002  Florida, Inc. The agreement and the articles of incorporation
11003  shall:
11004         (a) Provide that the institute shall provide equal
11005  employment opportunities for all persons regardless of race,
11006  color, religion, gender, national origin, age, handicap, or
11007  marital status;
11008         (b) Provide that the institute is subject to the public
11009  records and meeting requirements of s. 24, Art. I of the State
11010  Constitution;
11011         (c) Provide that all officers, directors, and employees of
11012  the institute shall be governed by the code of ethics for public
11013  officers and employees as set forth in part III of chapter 112;
11014         (d) Provide that members of the board of directors of the
11015  institute are responsible for the prudent use of all public and
11016  private funds and that they will ensure that the use of funds is
11017  in accordance with all applicable laws, bylaws, and contractual
11018  requirements; and
11019         (e) Provide that the fiscal year of the institute is from
11020  July 1 to June 30.
11021         (4) The affairs of the institute shall be managed by a
11022  board of directors who shall serve without compensation. Each
11023  director shall have only one vote. The chair of the board of
11024  directors shall be selected by a majority vote of the directors,
11025  a quorum being present. The board of directors shall consist of
11026  the following five members:
11027         (a) The executive director of the department chair of
11028  Enterprise Florida, Inc., or the director’s chair’s designee.
11029         (b) The president of the university where the institute is
11030  located or the president’s designee unless multiple universities
11031  jointly sponsor the institute, in which case the presidents of
11032  the sponsoring universities shall agree upon a designee.
11033         (c) Three directors appointed by the Governor to 3-year
11034  staggered terms, to which the directors may be reappointed.
11035         (5) The board of directors shall provide a copy of the
11036  institute’s annual report to the Governor, the President of the
11037  Senate, the Speaker of the House of Representatives, Enterprise
11038  Florida, Inc., and the president of the university at which the
11039  institute is located.
11040         (6) The department Enterprise Florida, Inc., the president
11041  and the board of trustees of the university where the institute
11042  is located, the Auditor General, and the Office of Program
11043  Policy Analysis and Government Accountability may require and
11044  receive from the institute or its independent auditor any detail
11045  or supplemental data relative to the operation of the institute.
11046         Section 193. Subsections (3), (8), and (9) of section
11047  288.975, Florida Statutes, are amended to read:
11048         288.975 Military base reuse plans.—
11049         (3) No later than 6 months after the designation of a
11050  military base for closure by the Federal Government, each host
11051  local government shall notify the department secretary of the
11052  Department of Community Affairs and the director of the Office
11053  of Tourism, Trade, and Economic Development in writing, by hand
11054  delivery or return receipt requested, as to whether it intends
11055  to use the optional provisions provided in this act. If a host
11056  local government does not opt to use the provisions of this act,
11057  land use planning and regulation pertaining to base reuse
11058  activities within those host local governments shall be subject
11059  to all applicable statutory requirements, including those
11060  contained within chapters 163 and 380.
11061         (8) At the request of a host local government, the
11062  department Office of Tourism, Trade, and Economic Development
11063  shall coordinate a presubmission workshop concerning a military
11064  base reuse plan within the boundaries of the host jurisdiction.
11065  Agencies that shall participate in the workshop shall include
11066  any affected local governments; the Department of Environmental
11067  Protection; the department Office of Tourism, Trade, and
11068  Economic Development; the Department of Community Affairs; the
11069  Department of Transportation; the Department of Health; the
11070  Department of Children and Family Services; the Department of
11071  Juvenile Justice; the Department of Agriculture and Consumer
11072  Services; the Department of State; the Fish and Wildlife
11073  Conservation Commission; and any applicable water management
11074  districts and regional planning councils. The purposes of the
11075  workshop shall be to assist the host local government to
11076  understand issues of concern to the above listed entities
11077  pertaining to the military base site and to identify
11078  opportunities for better coordination of planning and review
11079  efforts with the information and analyses generated by the
11080  federal environmental impact statement process and the federal
11081  community base reuse planning process.
11082         (9) If a host local government elects to use the optional
11083  provisions of this act, it shall, no later than 12 months after
11084  notifying the agencies of its intent pursuant to subsection (3)
11085  either:
11086         (a) Send a copy of the proposed military base reuse plan
11087  for review to any affected local governments; the Department of
11088  Environmental Protection; the department Office of Tourism,
11089  Trade, and Economic Development; the Department of Community
11090  Affairs; the Department of Transportation; the Department of
11091  Health; the Department of Children and Family Services; the
11092  Department of Juvenile Justice; the Department of Agriculture
11093  and Consumer Services; the Department of State; the Fish and
11094  Wildlife Conservation Commission; and any applicable water
11095  management districts and regional planning councils, or
11096         (b) Petition the department secretary of the Department of
11097  Community Affairs for an extension of the deadline for
11098  submitting a proposed reuse plan. Such an extension request must
11099  be justified by changes or delays in the closure process by the
11100  federal Department of Defense or for reasons otherwise deemed to
11101  promote the orderly and beneficial planning of the subject
11102  military base reuse. The department secretary of the Department
11103  of Community Affairs may grant extensions to the required
11104  submission date of the reuse plan.
11105         Section 194. Paragraph (b) of subsection (1), paragraphs
11106  (a) and (c) of subsection (2) and subsections (3), (4), (5),
11107  (6), (7), and (9) of section 288.980, Florida Statutes, are
11108  amended to read:
11109         288.980 Military base retention; legislative intent; grants
11110  program.—
11111         (1)
11112         (b) The Florida Defense Alliance, an organization within
11113  Enterprise Florida, is designated as the organization to ensure
11114  that Florida, its resident military bases and missions, and its
11115  military host communities are in competitive positions as the
11116  United States continues its defense realignment and downsizing.
11117  The defense alliance shall serve as an overall advisory body for
11118  Enterprise Florida defense-related activity of Enterprise
11119  Florida, Inc. The Florida Defense Alliance may receive funding
11120  from appropriations made for that purpose administered by the
11121  department Office of Tourism, Trade, and Economic Development.
11122         (2)(a) The department Office of Tourism, Trade, and
11123  Economic Development is authorized to award grants from any
11124  funds available to it to support activities related to the
11125  retention of military installations potentially affected by
11126  federal base closure or realignment.
11127         (c) Except for grants issued pursuant to the Florida
11128  Military Installation Reuse Planning and Marketing Grant Program
11129  as described in paragraph (3)(c), the amount of any grant
11130  provided to an applicant may not exceed $250,000. The department
11131  Office of Tourism, Trade, and Economic Development shall require
11132  that an applicant:
11133         1. Represent a local government with a military
11134  installation or military installations that could be adversely
11135  affected by federal base realignment or closure.
11136         2. Agree to match at least 30 percent of any grant awarded.
11137         3. Prepare a coordinated program or plan of action
11138  delineating how the eligible project will be administered and
11139  accomplished.
11140         4. Provide documentation describing the potential for
11141  realignment or closure of a military installation located in the
11142  applicant’s community and the adverse impacts such realignment
11143  or closure will have on the applicant’s community.
11144         (3) The Florida Economic Reinvestment Initiative is
11145  established to respond to the need for this state and defense
11146  dependent communities in this state to develop alternative
11147  economic diversification strategies to lessen reliance on
11148  national defense dollars in the wake of base closures and
11149  reduced federal defense expenditures and the need to formulate
11150  specific base reuse plans and identify any specific
11151  infrastructure needed to facilitate reuse. The initiative shall
11152  consist of the following two three distinct grant programs to be
11153  administered by the department Office of Tourism, Trade, and
11154  Economic Development:
11155         (a) The Florida Defense Planning Grant Program, through
11156  which funds shall be used to analyze the extent to which the
11157  state is dependent on defense dollars and defense infrastructure
11158  and prepare alternative economic development strategies. The
11159  state shall work in conjunction with defense-dependent
11160  communities in developing strategies and approaches that will
11161  help communities make the transition from a defense economy to a
11162  nondefense economy. Grant awards may not exceed $250,000 per
11163  applicant and shall be available on a competitive basis.
11164         (b) The Florida Defense Implementation Grant Program,
11165  through which funds shall be made available to defense-dependent
11166  communities to implement the diversification strategies
11167  developed pursuant to paragraph (a). Eligible applicants include
11168  defense-dependent counties and cities, and local economic
11169  development councils located within such communities. Grant
11170  awards may not exceed $100,000 per applicant and shall be
11171  available on a competitive basis. Awards shall be matched on a
11172  one-to-one basis.
11173  
11174  Applications for grants under this subsection must include a
11175  coordinated program of work or plan of action delineating how
11176  the eligible project will be administered and accomplished,
11177  which must include a plan for ensuring close cooperation between
11178  civilian and military authorities in the conduct of the funded
11179  activities and a plan for public involvement.
11180         (4) The Defense Infrastructure Grant Program is created.
11181  The department director of the Office of Tourism, Trade, and
11182  Economic Development shall coordinate and implement this
11183  program, the purpose of which is to support local infrastructure
11184  projects deemed to have a positive impact on the military value
11185  of installations within the state. Funds are to be used for
11186  projects that benefit both the local community and the military
11187  installation. It is not the intent, however, to fund on-base
11188  military construction projects. Infrastructure projects to be
11189  funded under this program include, but are not limited to, those
11190  related to encroachment, transportation and access, utilities,
11191  communications, housing, environment, and security. Grant
11192  requests will be accepted only from economic development
11193  applicants serving in the official capacity of a governing board
11194  of a county, municipality, special district, or state agency
11195  that will have the authority to maintain the project upon
11196  completion. An applicant must represent a community or county in
11197  which a military installation is located. There is no limit as
11198  to the amount of any grant awarded to an applicant. A match by
11199  the county or local community may be required. The department
11200  Office of Tourism, Trade, and Economic Development shall
11201  establish guidelines to implement the purpose of this
11202  subsection.
11203         (5)(a) The Defense-Related Business Adjustment Program is
11204  hereby created. The department Director of the Office of
11205  Tourism, Trade, and Economic Development shall coordinate the
11206  development of the Defense-Related Business Adjustment Program.
11207  Funds shall be available to assist defense-related companies in
11208  the creation of increased commercial technology development
11209  through investments in technology. Such technology must have a
11210  direct impact on critical state needs for the purpose of
11211  generating investment-grade technologies and encouraging the
11212  partnership of the private sector and government defense-related
11213  business adjustment. The following areas shall receive
11214  precedence in consideration for funding commercial technology
11215  development: law enforcement or corrections, environmental
11216  protection, transportation, education, and health care. Travel
11217  and costs incidental thereto, and staff salaries, are not
11218  considered an “activity” for which grant funds may be awarded.
11219         (b) The department Office shall require that an applicant:
11220         1. Be a defense-related business that could be adversely
11221  affected by federal base realignment or closure or reduced
11222  defense expenditures.
11223         2. Agree to match at least 50 percent of any funds awarded
11224  by the United States Department of Defense in cash or in-kind
11225  services. Such match shall be directly related to activities for
11226  which the funds are being sought.
11227         3. Prepare a coordinated program or plan delineating how
11228  the funds will be administered.
11229         4. Provide documentation describing how defense-related
11230  realignment or closure will adversely impact defense-related
11231  companies.
11232         (6) The Retention of Military Installations Program is
11233  created. The department Director of the Office of Tourism,
11234  Trade, and Economic Development shall coordinate and implement
11235  this program. The sum of $1.2 million is appropriated from the
11236  General Revenue Fund for fiscal year 1999-2000 to the Office of
11237  Tourism, Trade, and Economic Development to implement this
11238  program for military installations located in counties with a
11239  population greater than 824,000. The funds shall be used to
11240  assist military installations potentially affected by federal
11241  base closure or realignment in covering current operating costs
11242  in an effort to retain the installation in this state. An
11243  eligible military installation for this program shall include a
11244  provider of simulation solutions for war-fighting
11245  experimentation, testing, and training which employs at least
11246  500 civilian and military employees and has been operating in
11247  the state for a period of more than 10 years.
11248         (7) The department director may award nonfederal matching
11249  funds specifically appropriated for construction, maintenance,
11250  and analysis of a Florida defense workforce database. Such funds
11251  will be used to create a registry of worker skills that can be
11252  used to match the worker needs of companies that are relocating
11253  to this state or to assist workers in relocating to other areas
11254  within this state where similar or related employment is
11255  available.
11256         (9) The department Office of Tourism, Trade, and Economic
11257  Development shall establish guidelines to implement and carry
11258  out the purpose and intent of this section.
11259         Section 195. Paragraphs (a), (e), and (f) of subsection (2)
11260  of section 288.984, Florida Statutes, are amended to read:
11261         288.984 Florida Council on Military Base and Mission
11262  Support.—The Florida Council on Military Base and Mission
11263  Support is established. The council shall provide oversight and
11264  direction for initiatives, claims, and actions taken on behalf
11265  of the state, its agencies, and political subdivisions under
11266  this part.
11267         (2) MEMBERSHIP.—
11268         (a) The council shall be composed of nine members. The
11269  President of the Senate, the Speaker of the House of
11270  Representatives, and the Governor shall each appoint three
11271  members as follows:
11272         1. The President of the Senate shall appoint one member of
11273  the Senate, one community representative from a community-based
11274  defense support organization, and one member who is a retired
11275  military general or flag-rank officer residing in this state or
11276  an executive officer of a defense contracting firm doing
11277  significant business in this state.
11278         2. The Speaker of the House of Representatives shall
11279  appoint one member of the House of Representatives, one
11280  community representative from a community-based defense support
11281  organization, and one member who is a retired military general
11282  or flag-rank officer residing in this state or an executive
11283  officer of a defense contracting firm doing significant business
11284  in this state.
11285         3. The Governor shall appoint the executive director of the
11286  department or the director’s designee, a board member of
11287  Enterprise Florida, Inc., director or designee of the Office of
11288  Tourism, Trade, and Economic Development, the vice chairperson
11289  or designee of Enterprise Florida, Inc., and one at-large
11290  member.
11291         (e) The department Office of Tourism, Trade, and Economic
11292  Development shall provide administrative support to the council.
11293         (f) The Secretary of Community Affairs or his or her
11294  designee, the Secretary of Environmental Protection or his or
11295  her designee, the Secretary of Transportation or his or her
11296  designee, the Adjutant General of the state or his or her
11297  designee, and the executive director of the Department of
11298  Veterans’ Affairs or his or her designee shall attend meetings
11299  held by the council and provide assistance, information, and
11300  support as requested by the council.
11301         Section 196. Subsections (2) and (5) and paragraph (b) of
11302  subsection (9) of section 288.9913, Florida Statutes, are
11303  amended, and present subsections (3) through (10) of that
11304  section are renumbered as subsections (2) through (8),
11305  respectively, to read:
11306         288.9913 Definitions.—As used in ss. 288.991-288.9922, the
11307  term:
11308         (2) “Department” means the Department of Revenue.
11309         (5) “Officemeans the Office of Tourism, Trade, and
11310  Economic Development.
11311         (7)(9) “Qualified investment” means an equity investment
11312  in, or a long-term debt security issued by, a qualified
11313  community development entity that:
11314         (b) Is designated by the qualified community development
11315  entity as a qualified investment under this paragraph and is
11316  approved by the department office as a qualified investment.
11317         Section 197. Subsections (1), (2), and (3), paragraphs (a)
11318  and (b) of subsection (4), and subsection (6) of section
11319  288.9914, Florida Statutes, are amended to read:
11320         288.9914 Certification of qualified investments; investment
11321  issuance reporting.—
11322         (1) ELIGIBLE INDUSTRIES.—
11323         (a) The department office, in consultation with Enterprise
11324  Florida, Inc., shall designate industries using the North
11325  American Industry Classification System which are eligible to
11326  receive low-income community investments. The designated
11327  industries must be those industries that have the greatest
11328  potential to create strong positive impacts on or benefits to
11329  the state, regional, and local economies.
11330         (b) A qualified community development entity may not make a
11331  qualified low-income community investment in a business unless
11332  the principal activities of the business are within an eligible
11333  industry. The department office may waive this limitation if the
11334  department office determines that the investment will have a
11335  positive impact on a community.
11336         (2) APPLICATION.—A qualified community development entity
11337  must submit an application to the department Office to approve a
11338  proposed investment as a qualified investment. The application
11339  must include:
11340         (a) The name, address, and tax identification number of the
11341  qualified community development entity.
11342         (b) Proof of certification as a qualified community
11343  development entity under 26 U.S.C. s. 45D.
11344         (c) A copy of an allocation agreement executed by the
11345  entity, or its controlling entity, and the Community Development
11346  Financial Institutions Fund, which authorizes the entity to
11347  serve businesses in this state.
11348         (d) A verified statement by the chief executive officer of
11349  the entity that the allocation agreement remains in effect.
11350         (e) A description of the proposed amount, structure, and
11351  purchaser of an equity investment or long-term debt security.
11352         (f) The name and tax identification number of any person
11353  authorized to claim a tax credit earned as a result of the
11354  purchase of the proposed qualified investment.
11355         (g) A detailed explanation of the proposed use of the
11356  proceeds from a proposed qualified investment.
11357         (h) A nonrefundable application fee of $1,000, payable to
11358  the department office.
11359         (i) A statement that the entity will invest only in the
11360  industries designated by the department office.
11361         (j) The entity’s plans for the development of relationships
11362  with community-based organizations, local community development
11363  offices and organizations, and economic development
11364  organizations. The entity must also explain steps it has taken
11365  to implement its plans to develop these relationships.
11366         (k) A statement that the entity will not invest in a
11367  qualified active low-income community business unless the
11368  business will create or retain jobs that pay an average wage of
11369  at least 115 percent of the federal poverty income guidelines
11370  for a family of four.
11371         (3) REVIEW.—
11372         (a) The department office shall review applications to
11373  approve an investment as a qualified investment in the order
11374  received. The department office shall approve or deny an
11375  application within 30 days after receipt.
11376         (b) If the department office intends to deny the
11377  application, the department office shall inform the applicant of
11378  the basis of the proposed denial. The applicant shall have 15
11379  days after it receives the notice of the intent to deny the
11380  application to submit a revised application to the department
11381  office. The department office shall issue a final order
11382  approving or denying the revised application within 30 days
11383  after receipt.
11384         (c) The department office may not approve a cumulative
11385  amount of qualified investments that may result in the claim of
11386  more than $97.5 million in tax credits during the existence of
11387  the program or more than $20 million in tax credits in a single
11388  state fiscal year. However, the potential for a taxpayer to
11389  carry forward an unused tax credit may not be considered in
11390  calculating the annual limit.
11391         (4) APPROVAL.—
11392         (a) The department office shall provide a copy of the final
11393  order approving an investment as a qualified investment to the
11394  qualified community development entity and to the Department of
11395  Revenue. The notice shall include the identity of the taxpayers
11396  who are eligible to claim the tax credits and the amount that
11397  may be claimed by each taxpayer.
11398         (b) The department office shall approve an application for
11399  part of the amount of the proposed investment if the amount of
11400  tax credits available is insufficient.
11401         (6) REPORT OF ISSUANCE OF A QUALIFIED INVESTMENT.—The
11402  qualified community development entity must provide the
11403  department office with evidence of the receipt of the cash in
11404  exchange for the qualified investment within 30 business days
11405  after receipt.
11406         Section 198. Subsection (2) of section 288.9916, Florida
11407  Statutes, is amended to read:
11408         288.9916 New markets tax credit.—
11409         (2) A tax credit earned under this section may not be sold
11410  or transferred, except as provided in this subsection.
11411         (a) A partner, member, or shareholder of a partnership,
11412  limited liability company, S-corporation, or other “pass
11413  through” entity may claim the tax credit pursuant to an
11414  agreement among the partners, members, or shareholders. Any
11415  change in the allocation of a tax credit under the agreement
11416  must be reported to the department office and to the Department
11417  of Revenue.
11418         (b) Eligibility to claim a tax credit transfers to
11419  subsequent purchasers of a qualified investment. Such transfers
11420  must be reported to the department office and to the Department
11421  of Revenue along with the identity, tax identification number,
11422  and tax credit amount allocated to a taxpayer pursuant to
11423  paragraph (a). The notice of transfer also must state whether
11424  unused tax credits are being transferred and the amount of
11425  unused tax credits being transferred.
11426         Section 199. Section 288.9917, Florida Statutes, is amended
11427  to read:
11428         288.9917 Community development entity reporting after a
11429  credit allowance date; certification of tax credit amount.—
11430         (1) A qualified community development entity that has
11431  issued a qualified investment shall submit the following to the
11432  department office within 30 days after each credit allowance
11433  date:
11434         (a) A list of all qualified active low-income community
11435  businesses in which a qualified low-income community investment
11436  was made since the last credit allowance date. The list shall
11437  also describe the type and amount of investment in each business
11438  and the address of the principal location of each business. The
11439  list must be verified by the chief executive officer of the
11440  community development entity.
11441         (b) Bank records, wire transfer records, or similar
11442  documents that provide evidence of the qualified low-income
11443  community investments made since the last credit allowance date.
11444         (c) A verified statement by the chief financial or
11445  accounting officer of the community development entity that no
11446  redemption or principal repayment was made with respect to the
11447  qualified investment since the previous credit allowance date.
11448         (d) Information relating to the recapture of the federal
11449  new markets tax credit since the last credit allowance date.
11450         (2) The department office shall certify in writing to the
11451  qualified community development entity and to the Department of
11452  Revenue the amount of the tax credit authorized for each
11453  taxpayer eligible to claim the tax credit in the tax year
11454  containing the last credit allowance date.
11455         Section 200. Section 288.9918, Florida Statutes, is amended
11456  to read:
11457         288.9918 Annual reporting by a community development
11458  entity.—A community development entity that has issued a
11459  qualified investment shall submit an annual report to the
11460  department office by April 30 after the end of each year which
11461  includes a credit allowance date. The report shall include:
11462         (1) The entity’s annual financial statements for the
11463  preceding tax year, audited by an independent certified public
11464  accountant.
11465         (2) The identity of the types of industries, identified by
11466  the North American Industry Classification System Code, in which
11467  qualified low-income community investments were made.
11468         (3) The names of the counties in which the qualified active
11469  low-income businesses are located which received qualified low
11470  income community investments.
11471         (4) The number of jobs created and retained by qualified
11472  active low-income community businesses receiving qualified low
11473  income community investments, including verification that the
11474  average wages paid meet or exceed 115 percent of the federal
11475  poverty income guidelines for a family of four.
11476         (5) A description of the relationships that the entity has
11477  established with community-based organizations and local
11478  community development offices and organizations and a summary of
11479  the outcomes resulting from those relationships.
11480         (6) Other information and documentation required by the
11481  department office to verify continued certification as a
11482  qualified community development entity under 26 U.S.C. s. 45D.
11483         Section 201. Section 288.9919, Florida Statutes, is amended
11484  to read:
11485         288.9919 Audits and examinations; penalties.—
11486         (1) AUDITS.—A community development entity that issues an
11487  investment approved by the department office as a qualified
11488  investment shall be deemed a recipient of state financial
11489  assistance under s. 215.97, the Florida Single Audit Act.
11490  However, an entity that makes a qualified investment or receives
11491  a qualified low-income community investment is not a
11492  subrecipient for the purposes of s. 215.97.
11493         (2) EXAMINATIONS.—The department office may conduct
11494  examinations to verify compliance with the New Markets
11495  Development Program Act.
11496         Section 202. Section 288.9920, Florida Statutes, is amended
11497  to read:
11498         288.9920 Recapture and penalties.—
11499         (1) Notwithstanding s. 95.091, the department office shall
11500  direct the Department of Revenue, at any time before December
11501  31, 2022, to recapture all or a portion of a tax credit
11502  authorized pursuant to the New Markets Development Program Act
11503  if one or more of the following occur:
11504         (a) The Federal Government recaptures any portion of the
11505  federal new markets tax credit. The recapture by the Department
11506  of Revenue shall equal the recapture by the Federal Government.
11507         (b) The qualified community development entity redeems or
11508  makes a principal repayment on a qualified investment before the
11509  final allowance date. The recapture by the Department of Revenue
11510  shall equal the redemption or principal repayment divided by the
11511  purchase price and multiplied by the tax credit authorized to a
11512  taxpayer for the qualified investment.
11513         (c)1. The qualified community development entity fails to
11514  invest at least 85 percent of the purchase price in qualified
11515  low-income community investments within 12 months after the
11516  issuance of a qualified investment; or
11517         2. The qualified community development entity fails to
11518  maintain 85 percent of the purchase price in qualified low
11519  income community investments until the last credit allowance
11520  date for a qualified investment.
11521  
11522  For the purposes of this paragraph, an investment by a qualified
11523  community development entity includes principal recovered from
11524  an investment for 12 months after its recovery or principal
11525  recovered after the sixth credit allowance date. Principal held
11526  for longer than 12 months or recovered before the sixth credit
11527  allowance date is not an investment unless it is reinvested in a
11528  qualified low-income community investment.
11529         (d) The qualified community development entity fails to
11530  provide the department office with information, reports, or
11531  documentation required by the New Markets Development Program
11532  Act.
11533         (e) The department office determines that a taxpayer
11534  received tax credits to which the taxpayer was not entitled.
11535         (2) The department office shall provide notice to the
11536  qualified community development entity and the Department of
11537  Revenue of a proposed recapture of a tax credit. The entity
11538  shall have 6 months following the receipt of the notice to cure
11539  a deficiency identified in the notice and avoid recapture. The
11540  department office shall issue a final order of recapture if the
11541  entity fails to cure a deficiency within the 6-month period. The
11542  final order of recapture shall be provided to the entity, the
11543  Department of Revenue, and a taxpayer otherwise authorized to
11544  claim the tax credit. Only one correction is permitted for each
11545  qualified equity investment during the 7-year credit period.
11546  Recaptured funds shall be deposited into the General Revenue
11547  Fund.
11548         (3) An entity that submits fraudulent information to the
11549  department office is liable for the costs associated with the
11550  investigation and prosecution of the fraudulent claim plus a
11551  penalty in an amount equal to double the tax credits claimed by
11552  investors in the entity’s qualified investments. This penalty is
11553  in addition to any other penalty that may be imposed by law.
11554         Section 203. Section 288.9921, Florida Statutes, is amended
11555  to read:
11556         288.9921 Rulemaking.—The Department of Economic Opportunity
11557  Office and the Department of Revenue may adopt rules pursuant to
11558  ss. 120.536(1) and 120.54 to administer ss. 288.991-288.9920.
11559         Section 204. Section 290.004, Florida Statutes, is amended
11560  to read:
11561         290.004 Definitions relating to Florida Enterprise Zone
11562  Act.—As used in ss. 290.001-290.016:
11563         (1) “Community investment corporation” means a black
11564  business investment corporation, a certified development
11565  corporation, a small business investment corporation, or other
11566  similar entity incorporated under Florida law that has limited
11567  its investment policy to making investments solely in minority
11568  business enterprises.
11569         (2)“Department” means the Department of Economic
11570  Opportunity.
11571         (2)“Director” means the director of the Office of Tourism,
11572  Trade, and Economic Development.
11573         (3) “Governing body” means the council or other legislative
11574  body charged with governing the county or municipality.
11575         (4) “Minority business enterprise” has the same meaning as
11576  provided in s. 288.703.
11577         (5)“Office” means the Office of Tourism, Trade, and
11578  Economic Development.
11579         (5)(6) “Rural enterprise zone” means an enterprise zone
11580  that is nominated by a county having a population of 75,000 or
11581  fewer, or a county having a population of 100,000 or fewer which
11582  is contiguous to a county having a population of 75,000 or
11583  fewer, or by a municipality in such a county, or by such a
11584  county and one or more municipalities. An enterprise zone
11585  designated in accordance with s. 290.0065(5)(b) or s. 379.2353
11586  is considered to be a rural enterprise zone.
11587         (6)(7) “Small business” has the same meaning as provided in
11588  s. 288.703.
11589         Section 205. Subsection (1) and paragraphs (a) and (b) of
11590  subsection (6) of section 290.0055, Florida Statutes, are
11591  amended to read:
11592         290.0055 Local nominating procedure.—
11593         (1) If, pursuant to s. 290.0065, an opportunity exists for
11594  designation of a new enterprise zone, any county or
11595  municipality, or a county and one or more municipalities
11596  together, may apply to the department office for the designation
11597  of an area as an enterprise zone after completion of the
11598  following:
11599         (a) The adoption by the governing body or bodies of a
11600  resolution which:
11601         1. Finds that an area exists in such county or
11602  municipality, or in both the county and one or more
11603  municipalities, which chronically exhibits extreme and
11604  unacceptable levels of poverty, unemployment, physical
11605  deterioration, and economic disinvestment;
11606         2. Determines that the rehabilitation, conservation, or
11607  redevelopment, or a combination thereof, of such area is
11608  necessary in the interest of the public health, safety, and
11609  welfare of the residents of such county or municipality, or such
11610  county and one or more municipalities; and
11611         3. Determines that the revitalization of such area can
11612  occur only if the private sector can be induced to invest its
11613  own resources in productive enterprises that build or rebuild
11614  the economic viability of the area.
11615         (b) The creation of an enterprise zone development agency
11616  pursuant to s. 290.0056.
11617         (c) The creation and adoption of a strategic plan pursuant
11618  to s. 290.0057.
11619         (6)(a) The department office may approve a change in the
11620  boundary of any enterprise zone which was designated pursuant to
11621  s. 290.0065. A boundary change must continue to satisfy the
11622  requirements of subsections (3), (4), and (5).
11623         (b) Upon a recommendation by the enterprise zone
11624  development agency, the governing body of the jurisdiction which
11625  authorized the application for an enterprise zone may apply to
11626  the department Office for a change in boundary once every 3
11627  years by adopting a resolution that:
11628         1. States with particularity the reasons for the change;
11629  and
11630         2. Describes specifically and, to the extent required by
11631  the department office, the boundary change to be made.
11632         Section 206. Paragraph (h) of subsection (8) and
11633  subsections (11) and (12) of section 290.0056, Florida Statutes,
11634  are amended to read:
11635         290.0056 Enterprise zone development agency.—
11636         (8) The enterprise zone development agency shall have the
11637  following powers and responsibilities:
11638         (h) To work with the department and Enterprise Florida,
11639  Inc., and the office to ensure that the enterprise zone
11640  coordinator receives training on an annual basis.
11641         (11) Before Prior to December 1 of each year, the agency
11642  shall submit to the department Office of Tourism, Trade, and
11643  Economic Development a complete and detailed written report
11644  setting forth:
11645         (a) Its operations and accomplishments during the fiscal
11646  year.
11647         (b) The accomplishments and progress concerning the
11648  implementation of the strategic plan or measurable goals, and
11649  any updates to the strategic plan or measurable goals.
11650         (c) The number and type of businesses assisted by the
11651  agency during the fiscal year.
11652         (d) The number of jobs created within the enterprise zone
11653  during the fiscal year.
11654         (e) The usage and revenue impact of state and local
11655  incentives granted during the calendar year.
11656         (f) Any other information required by the department
11657  office.
11658         (12) In the event that the nominated area selected by the
11659  governing body is not designated a state enterprise zone, the
11660  governing body may dissolve the agency after receiving
11661  notification from the department office that the area was not
11662  designated as an enterprise zone.
11663         Section 207. Subsections (1) and (5) of section 290.0058,
11664  Florida Statutes, are amended to read:
11665         290.0058 Determination of pervasive poverty, unemployment,
11666  and general distress.—
11667         (1) In determining whether an area suffers from pervasive
11668  poverty, unemployment, and general distress, for purposes of ss.
11669  290.0055 and 290.0065, the governing body and the department
11670  office shall use data from the most current decennial census,
11671  and from information published by the Bureau of the Census and
11672  the Bureau of Labor Statistics. The data shall be comparable in
11673  point or period of time and methodology employed.
11674         (5) In making the calculations required by this section,
11675  the local government and the department office shall round all
11676  fractional percentages of one-half percent or more up to the
11677  next highest whole percentage figure.
11678         Section 208. Subsections (2), (4), and (5), paragraph (a)
11679  of subsection (6), and subsection (7) of section 290.0065,
11680  Florida Statutes, are amended to read:
11681         290.0065 State designation of enterprise zones.—
11682         (2) If, pursuant to subsection (4), the department office
11683  does not redesignate an enterprise zone, a governing body of a
11684  county or municipality or the governing bodies of a county and
11685  one or more municipalities jointly, pursuant to s. 290.0055, may
11686  apply for designation of an enterprise zone to take the place of
11687  the enterprise zone not redesignated and request designation of
11688  an enterprise zone. The department Office, in consultation with
11689  Enterprise Florida, Inc., shall determine which areas nominated
11690  by such governing bodies meet the criteria outlined in s.
11691  290.0055 and are the most appropriate for designation as state
11692  enterprise zones. Each application made pursuant to s. 290.0055
11693  shall be ranked competitively based on the pervasive poverty,
11694  unemployment, and general distress of the area; the strategic
11695  plan, including local fiscal and regulatory incentives, prepared
11696  pursuant to s. 290.0057; and the prospects for new investment
11697  and economic development in the area. Pervasive poverty,
11698  unemployment, and general distress shall be weighted 35 percent;
11699  strategic plan and local fiscal and regulatory incentives shall
11700  be weighted 40 percent; and prospects for new investment and
11701  economic development in the area shall be weighted 25 percent.
11702         (4)(a) Notwithstanding s. 290.0055, the department office
11703  may redesignate any state enterprise zone having an effective
11704  date on or before January 1, 2005, as a state enterprise zone
11705  upon completion and submittal to the office by the governing
11706  body for an enterprise zone of the following:
11707         1. An updated zone profile for the enterprise zone based on
11708  the most recent census data that complies with s. 290.0055,
11709  except that pervasive poverty criteria may be set aside for
11710  rural enterprise zones.
11711         2. A resolution passed by the governing body for that
11712  enterprise zone requesting redesignation and explaining the
11713  reasons the conditions of the zone merit redesignation.
11714         3. Measurable goals for the enterprise zone developed by
11715  the enterprise zone development agency, which may be the goals
11716  established in the enterprise zone’s strategic plan.
11717  
11718  The governing body may also submit a request for a boundary
11719  change in an enterprise zone in the same application to the
11720  department office as long as the new area complies with the
11721  requirements of s. 290.0055, except that pervasive poverty
11722  criteria may be set aside for rural enterprise zones.
11723         (b) In consultation with Enterprise Florida, Inc., the
11724  department office shall, based on the enterprise zone profile
11725  and the grounds for redesignation expressed in the resolution,
11726  determine whether the enterprise zone merits redesignation. The
11727  department office may also examine and consider the following:
11728         1. Progress made, if any, in the enterprise zone’s
11729  strategic plan.
11730         2. Use of enterprise zone incentives during the life of the
11731  enterprise zone.
11732  
11733  If the department office determines that the enterprise zone
11734  merits redesignation, the department office shall notify the
11735  governing body in writing of its approval of redesignation.
11736         (c) If the enterprise zone is redesignated, the department
11737  office shall determine if the measurable goals submitted are
11738  reasonable. If the department office determines that the goals
11739  are reasonable, it the office shall notify the governing body in
11740  writing that the goals have been approved.
11741         (d) If the department office denies redesignation of an
11742  enterprise zone, it the Office shall notify the governing body
11743  in writing of the denial. Any county or municipality having
11744  jurisdiction over an area denied redesignation as a state
11745  enterprise zone pursuant to this subsection may not apply for
11746  designation of that area for 1 year following the date of
11747  denial.
11748         (5) Notwithstanding s. 290.0055, an area designated as a
11749  federal empowerment zone or enterprise community pursuant to
11750  Title XIII of the Omnibus Budget Reconciliation Act of 1993, the
11751  Taxpayer Relief Act of 1997, or the 1999 Agricultural
11752  Appropriations Act shall be designated a state enterprise zone
11753  as follows:
11754         (a) An area designated as an urban empowerment zone or
11755  urban enterprise community pursuant to Title XIII of the Omnibus
11756  Budget Reconciliation Act of 1993, the Taxpayer Relief Act of
11757  1997, or the 2000 Community Renewal Tax Relief Act shall be
11758  redesignated a state enterprise zone by the department office
11759  upon completion of the requirements set out in paragraph (d),
11760  except in the case of a county as defined in s. 125.011(1)
11761  which, notwithstanding s. 290.0055, may incorporate and include
11762  such designated urban empowerment zone or urban enterprise
11763  community areas within the boundaries of its state enterprise
11764  zones without any limitation as to size.
11765         (b) An area designated as a rural empowerment zone or rural
11766  enterprise community pursuant to Title XIII of the Omnibus
11767  Budget Reconciliation Act of 1993 or the 1999 Agricultural
11768  Appropriations Act shall be redesignated a state rural
11769  enterprise zone by the department office upon completion of the
11770  requirements set out in paragraph (d) and may incorporate and
11771  include such designated rural empowerment zone or rural
11772  enterprise community within the boundaries of its state
11773  enterprise zones without any limitation as to size.
11774         (c) Any county or municipality having jurisdiction over an
11775  area redesignated as a state enterprise zone pursuant to this
11776  subsection, other than a county defined in s. 125.011(1), may
11777  not apply for designation of another area.
11778         (d) Before Prior to redesignating such areas as state
11779  enterprise zones, the department office shall ensure that the
11780  governing body having jurisdiction over the zone submits the
11781  information required under paragraph (4)(a) for redesignation to
11782  the department office.
11783         (6)(a) The department office, in consultation with
11784  Enterprise Florida, Inc., may develop guidelines necessary for
11785  the approval of areas under this section by the executive
11786  director.
11787         (7) Upon approval by the department director of a
11788  resolution authorizing an area to be an enterprise zone pursuant
11789  to this section, the department office shall assign a unique
11790  identifying number to that resolution. The department office
11791  shall provide the Department of Revenue and Enterprise Florida,
11792  Inc., with a copy of each resolution approved, together with its
11793  identifying number.
11794         Section 209. Subsection (1) of section 290.0066, Florida
11795  Statutes, is amended to read:
11796         290.0066 Revocation of enterprise zone designation.—
11797         (1) The department director may revoke the designation of
11798  an enterprise zone if the department director determines that
11799  the governing body or bodies:
11800         (a) Have failed to make progress in achieving the
11801  benchmarks set forth in the strategic plan or measurable goals;
11802  or
11803         (b) Have not complied substantially with the strategic plan
11804  or measurable goals.
11805         Section 210. Section 290.00710, Florida Statutes, is
11806  amended to read:
11807         290.00710 Enterprise zone designation for the City of
11808  Lakeland.—The City of Lakeland may apply to the department
11809  Office of Tourism, Trade, and Economic Development for
11810  designation of one enterprise zone for an area within the City
11811  of Lakeland, which zone shall encompass an area up to 10 square
11812  miles. The application must be submitted by December 31, 2005,
11813  and must comply with the requirements of s. 290.0055.
11814  Notwithstanding s. 290.0065, limiting the total number of
11815  enterprise zones designated and the number of enterprise zones
11816  within a population category, the department Office of Tourism,
11817  Trade, and Economic Development may designate one enterprise
11818  zone under this section. The department Office of Tourism,
11819  Trade, and Economic Development shall establish the initial
11820  effective date of the enterprise zone designated pursuant to
11821  this section.
11822         Section 211. Section 290.0072, Florida Statutes, is amended
11823  to read:
11824         290.0072 Enterprise zone designation for the City of Winter
11825  Haven.—The City of Winter Haven may apply to the department
11826  Office of Tourism, Trade, and Economic Development for
11827  designation of one enterprise zone for an area within the City
11828  of Winter Haven, which zone shall encompass an area up to 5
11829  square miles. Notwithstanding s. 290.0065 limiting the total
11830  number of enterprise zones designated and the number of
11831  enterprise zones within a population category, the department
11832  office of Tourism, Trade, and Economic Development may designate
11833  one enterprise zone under this section. The department Office of
11834  Tourism, Trade, and Economic Development shall establish the
11835  initial effective date of the enterprise zone designated
11836  pursuant to this section.
11837         Section 212. Section 290.00725, Florida Statutes, is
11838  amended to read:
11839         290.00725 Enterprise zone designation for the City of
11840  Ocala.—The City of Ocala may apply to the department Office of
11841  Tourism, Trade, and Economic Development for designation of one
11842  enterprise zone for an area within the western portion of the
11843  city, which zone shall encompass an area up to 5 square miles.
11844  The application must be submitted by December 31, 2009, and must
11845  comply with the requirements of s. 290.0055. Notwithstanding s.
11846  290.0065 limiting the total number of enterprise zones
11847  designated and the number of enterprise zones within a
11848  population category, the department Office of Tourism, Trade,
11849  and Economic Development may designate one enterprise zone under
11850  this section. The department Office of Tourism, Trade, and
11851  Economic Development shall establish the initial effective date
11852  of the enterprise zone designated under this section.
11853         Section 213. Section 290.0073, Florida Statutes, is amended
11854  to read:
11855         290.0073 Enterprise zone designation for Indian River
11856  County, the City of Vero Beach, and the City of Sebastian.
11857  Indian River County, the City of Vero Beach, and the City of
11858  Sebastian may jointly apply to the department Office of Tourism,
11859  Trade, and Economic Development for designation of one
11860  enterprise zone encompassing an area not to exceed 10 square
11861  miles. The application must be submitted by December 31, 2005,
11862  and must comply with the requirements of s. 290.0055.
11863  Notwithstanding the provisions of s. 290.0065 limiting the total
11864  number of enterprise zones designated and the number of
11865  enterprise zones within a population category, the department
11866  Office of Tourism, Trade, and Economic Development may designate
11867  one enterprise zone under this section. The department Office of
11868  Tourism, Trade, and Economic Development shall establish the
11869  initial effective date of the enterprise zone designated
11870  pursuant to this section.
11871         Section 214. Section 290.0074, Florida Statutes, is amended
11872  to read:
11873         290.0074 Enterprise zone designation for Sumter County.
11874  Sumter County may apply to the department Office of Tourism,
11875  Trade, and Economic Development for designation of one
11876  enterprise zone encompassing an area not to exceed 10 square
11877  miles. The application must be submitted by December 31, 2005.
11878  Notwithstanding the provisions of s. 290.0065 limiting the total
11879  number of enterprise zones designated and the number of
11880  enterprise zones within a population category, the department
11881  Office of Tourism, Trade, and Economic Development may designate
11882  one enterprise zone under this section. The department Office of
11883  Tourism, Trade and Economic Development shall establish the
11884  initial effective date of the enterprise zone designated
11885  pursuant to this section.
11886         Section 215. Section 290.0077, Florida Statutes, is amended
11887  to read:
11888         290.0077 Enterprise zone designation for Orange County and
11889  the municipality of Apopka.—Orange County and the municipality
11890  of Apopka may jointly apply to the department Office of Tourism,
11891  Trade, and Economic Development for designation of one
11892  enterprise zone. The application must be submitted by December
11893  31, 2005, and must comply with the requirements of s. 290.0055.
11894  Notwithstanding the provisions of s. 290.0065 limiting the total
11895  number of enterprise zones designated and the number of
11896  enterprise zones within a population category, the department
11897  Office of Tourism, Trade, and Economic Development may designate
11898  one enterprise zone under this section. The department Office of
11899  Tourism, Trade, and Economic Development shall establish the
11900  initial effective date of the enterprise zone designated
11901  pursuant to this section.
11902         Section 216. Section 290.014, Florida Statutes, is amended
11903  to read:
11904         290.014 Annual reports on enterprise zones.—
11905         (1) By February 1 of each year, the Department of Revenue
11906  shall submit an annual report to the department Office of
11907  Tourism, Trade, and Economic Development detailing the usage and
11908  revenue impact by county of the state incentives listed in s.
11909  290.007.
11910         (2) By March 1 of each year, the department office shall
11911  submit an annual report to the Governor, the Speaker of the
11912  House of Representatives, and the President of the Senate. The
11913  report shall include the information provided by the Department
11914  of Revenue pursuant to subsection (1) and the information
11915  provided by enterprise zone development agencies pursuant to s.
11916  290.0056. In addition, the report shall include an analysis of
11917  the activities and accomplishments of each enterprise zone.
11918         Section 217. Subsections (3) and (6) of section 290.042,
11919  Florida Statutes, are amended to read:
11920         290.042 Definitions relating to Florida Small Cities
11921  Community Development Block Grant Program Act.—As used in ss.
11922  290.0401-290.049, the term:
11923         (3) “Department” means the Department of Economic
11924  Opportunity Community Affairs.
11925         (6) “Person of low or moderate income” means any person who
11926  meets the definition established by the department of Community
11927  Affairs in accordance with the guidelines established in Title I
11928  of the Housing and Community Development Act of 1974, as
11929  amended.
11930         Section 218. Section 290.043, Florida Statutes, is amended
11931  to read:
11932         290.043 Florida Small Cities Community Development Block
11933  Grant Program; administration.—There is created the Florida
11934  Small Cities Community Development Block Grant Program. The
11935  department of Community Affairs shall administer the program as
11936  authorized and described in Title I of the Housing and Community
11937  Development Act of 1974, as amended; Pub. L. No. 93-383, as
11938  amended by Pub. L. No. 96-399 and Pub. L. No. 97-35; 42 U.S.C.
11939  ss. 5301 et seq.
11940         Section 219. Subsection (4) of section 290.043, Florida
11941  Statutes, is amended to read:
11942         290.044 Florida Small Cities Community Development Block
11943  Grant Program Fund; administration; distribution.—
11944         (4) The department may set aside an amount of up to 5
11945  percent of the funds annually for use in any eligible local
11946  government jurisdiction for which an emergency or natural
11947  disaster has been declared by executive order. Such funds may
11948  only be provided to a local government to fund eligible
11949  emergency-related activities for which no other source of
11950  federal, state, or local disaster funds is available. The
11951  department may provide for such set-aside by rule. In the last
11952  quarter of the state fiscal year, any funds not allocated under
11953  the emergency-related set-aside shall be used to fully fund any
11954  applications which were partially funded due to inadequate funds
11955  in the most recently completed neighborhood revitalization
11956  category funding cycle, and then any remaining funds shall be
11957  distributed to the next unfunded applications from the most
11958  recent funding cycle.
11959         Section 220. Subsection (6) of section 290.046, Florida
11960  Statutes, is amended to read:
11961         290.046 Applications for grants; procedures; requirements.—
11962         (6) The local government shall establish a citizen advisory
11963  task force composed of citizens in the jurisdiction in which the
11964  proposed project is to be implemented to provide input relative
11965  to all phases of the project process. The local government must
11966  obtain consent from the department of Community Affairs for any
11967  other type of citizen participation plan upon a showing that
11968  such plan is better suited to secure citizen participation for
11969  that locality.
11970         Section 221. Subsection (2) of section 290.047, Florida
11971  Statutes, is amended to read:
11972         290.047 Establishment of grant ceilings and maximum
11973  administrative cost percentages; elimination of population bias;
11974  loans in default.—
11975         (2) The department shall establish grant ceilings for each
11976  program category by rule. These ceilings shall bear some
11977  relationship to an applicant’s total population or its
11978  population living below the federal poverty level. Population
11979  ranges may be used in establishing these ceilings. In no case,
11980  however, may a grant ceiling be set above $750,000 or below
11981  $300,000.
11982         Section 222. Section 290.048, Florida Statutes, is amended
11983  to read:
11984         290.048 General powers of department of Community Affairs
11985  under ss. 290.0401-290.049.—The department has all the powers
11986  necessary or appropriate to carry out the purposes and
11987  provisions of the program, including the power to:
11988         (1) Make contracts and agreements with the Federal
11989  Government; other agencies of the state; any other public
11990  agency; or any other public person, association, corporation,
11991  local government, or entity in exercising its powers and
11992  performing its duties under ss. 290.0401-290.049.
11993         (2) Seek and accept funding from any public or private
11994  source.
11995         (3) Adopt and enforce rules not inconsistent with ss.
11996  290.0401-290.049 for the administration of the fund.
11997         (4) Assist in training employees of local governing
11998  authorities to help achieve and increase their capacity to
11999  administer programs pursuant to ss. 290.0401-290.049 and provide
12000  technical assistance and advice to local governing authorities
12001  involved with these programs.
12002         (5) Adopt and enforce strict requirements concerning an
12003  applicant’s written description of a service area. Each such
12004  description shall contain maps which illustrate the location of
12005  the proposed service area. All such maps must be clearly legible
12006  and must:
12007         (a) Contain a scale which is clearly marked on the map.
12008         (b) Show the boundaries of the locality.
12009         (c) Show the boundaries of the service area where the
12010  activities will be concentrated.
12011         (d) Display the location of all proposed area activities.
12012         (e) Include the names of streets, route numbers, or easily
12013  identifiable landmarks where all service activities are located.
12014         (6) Pledge community development block grant revenues from
12015  the Federal Government in order to guarantee notes or other
12016  obligations of a public entity which are approved pursuant to s.
12017  290.0455.
12018         (7) Establish an advisory committee of no more than 13
12019  members to solicit participation in designing, administering,
12020  and evaluating the program and in linking the program with other
12021  housing and community development resources.
12022         Section 223. Paragraph (a) of subsection (2) and subsection
12023  (4) of section 290.0491, Florida Statutes, is amended to read:
12024         290.0491 Florida Empowerment Zones.—
12025         (2) DEFINITIONS.—As used in this section, the term:
12026         (a) “Department” means the Department of Economic
12027  Opportunity Community Affairs.
12028         (4) EMPOWERMENT ZONE PROGRAM.—There is created an economic
12029  development program to be known as the Florida Empowerment Zone
12030  Program. The program shall exist for 10 years and, except as
12031  otherwise provided by law, be operated by the Department of
12032  Economic Opportunity Community Affairs in conjunction with the
12033  Federal Empowerment Zone Program.
12034         Section 224. Subsections (3) and (4) of section 290.053,
12035  Florida Statutes, are amended to read:
12036         290.053 Response to economic emergencies in small
12037  communities.—
12038         (3) A local government entity shall notify the Governor,
12039  the Department of Economic Opportunity Office of Tourism, Trade,
12040  and Economic Development, and Enterprise Florida, Inc., when one
12041  or more of the conditions specified in subsection (2) have
12042  occurred or will occur if action is not taken to assist the
12043  local governmental entity or the affected community.
12044         (4) Upon notification that one or more of the conditions
12045  described in subsection (2) exist, the Governor or his or her
12046  designee shall contact the local governmental entity to
12047  determine what actions have been taken by the local governmental
12048  entity or the affected community to resolve the economic
12049  emergency. The Governor may has the authority to waive the
12050  eligibility criteria of any program or activity administered by
12051  the Department of Economic Opportunity Office of Tourism, Trade,
12052  and Economic Development, or Enterprise Florida, Inc., to
12053  provide economic relief to the affected community by granting
12054  participation in such programs or activities. The Governor shall
12055  consult with the President of the Senate and the Speaker of the
12056  House of Representatives and shall take other action, as
12057  necessary, to resolve the economic emergency in the most
12058  expedient manner possible. All actions taken pursuant to this
12059  section shall be within current appropriations and shall have no
12060  annualized impact beyond normal growth.
12061         Section 225. Section 290.06561, Florida Statutes, is
12062  amended to read:
12063         290.06561 Designation of rural enterprise zone as catalyst
12064  site.—Notwithstanding s. 290.0065(1), the Department of Economic
12065  Opportunity Office of Tourism, Trade, and Economic Development,
12066  upon request of the host county, shall designate as a rural
12067  enterprise zone any catalyst site as defined in s.
12068  288.0656(2)(b) that was approved before prior to January 1,
12069  2010, and that is not located in an existing rural enterprise
12070  zone. The request from the host county must include the legal
12071  description of the catalyst site and the name and contact
12072  information for the county development authority responsible for
12073  managing the catalyst site. The designation shall provide
12074  businesses locating within the catalyst site the same
12075  eligibility for economic incentives and other benefits of a
12076  rural enterprise zone designated under s. 290.0065. The
12077  reporting criteria for a catalyst site designated as a rural
12078  enterprise zone under this section are the same as for other
12079  rural enterprise zones. Host county development authorities may
12080  enter into memoranda of agreement, as necessary, to coordinate
12081  their efforts to implement this section.
12082         Section 226. Paragraph (d) of subsection (3) of section
12083  310.0015, Florida Statutes, is amended to read:
12084         310.0015 Piloting regulation; general provisions.—
12085         (3) The rate-setting process, the issuance of licenses only
12086  in numbers deemed necessary or prudent by the board, and other
12087  aspects of the economic regulation of piloting established in
12088  this chapter are intended to protect the public from the adverse
12089  effects of unrestricted competition which would result from an
12090  unlimited number of licensed pilots being allowed to market
12091  their services on the basis of lower prices rather than safety
12092  concerns. This system of regulation benefits and protects the
12093  public interest by maximizing safety, avoiding uneconomic
12094  duplication of capital expenses and facilities, and enhancing
12095  state regulatory oversight. The system seeks to provide pilots
12096  with reasonable revenues, taking into consideration the normal
12097  uncertainties of vessel traffic and port usage, sufficient to
12098  maintain reliable, stable piloting operations. Pilots have
12099  certain restrictions and obligations under this system,
12100  including, but not limited to, the following:
12101         (d)1. The pilot or pilots in a port shall train and
12102  compensate all member deputy pilots in that port. Failure to
12103  train or compensate such deputy pilots shall constitute a ground
12104  for disciplinary action under s. 310.101. Nothing in this
12105  subsection shall be deemed to create an agency or employment
12106  relationship between a pilot or deputy pilot and the pilot or
12107  pilots in a port.
12108         2. The pilot or pilots in a port shall establish a
12109  competency-based mentor program by which minority persons, as
12110  defined in s. 288.703(3), may acquire the skills for the
12111  professional preparation and education competency requirements
12112  of a licensed state pilot or certificated deputy pilot. The
12113  department shall provide the Governor, the President of the
12114  Senate, and the Speaker of the House of Representatives with a
12115  report each year on the number of minority persons, as defined
12116  in s. 288.703(3), who have participated in each mentor program,
12117  who are licensed state pilots or certificated deputy pilots, and
12118  who have applied for state pilot licensure or deputy pilot
12119  certification.
12120         Section 227. Subsections (1), (3), (5), (8), (9), (10), and
12121  (11) of section 311.09, Florida Statutes, are amended to read:
12122         311.09 Florida Seaport Transportation and Economic
12123  Development Council.—
12124         (1) The Florida Seaport Transportation and Economic
12125  Development Council is created within the Department of
12126  Transportation. The council consists of the following 17
12127  members: the port director, or the port director’s designee, of
12128  each of the ports of Jacksonville, Port Canaveral, Fort Pierce,
12129  Palm Beach, Port Everglades, Miami, Port Manatee, St.
12130  Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
12131  West, and Fernandina; the secretary of the Department of
12132  Transportation or his or her designee; and the director of the
12133  Department of Economic Opportunity Office of Tourism, Trade, and
12134  Economic Development or his or her designee; and the secretary
12135  of the Department of Community Affairs or his or her designee.
12136         (3) The council shall prepare a 5-year Florida Seaport
12137  Mission Plan defining the goals and objectives of the council
12138  concerning the development of port facilities and an intermodal
12139  transportation system consistent with the goals of the Florida
12140  Transportation Plan developed pursuant to s. 339.155. The
12141  Florida Seaport Mission Plan shall include specific
12142  recommendations for the construction of transportation
12143  facilities connecting any port to another transportation mode
12144  and for the efficient, cost-effective development of
12145  transportation facilities or port facilities for the purpose of
12146  enhancing international trade, promoting cargo flow, increasing
12147  cruise passenger movements, increasing port revenues, and
12148  providing economic benefits to the state. The council shall
12149  update the 5-year Florida Seaport Mission Plan annually and
12150  shall submit the plan no later than February 1 of each year to
12151  the President of the Senate,; the Speaker of the House of
12152  Representatives,; the Department of Economic Opportunity, and
12153  the Office of Tourism, Trade, and Economic Development; the
12154  Department of Transportation; and the Department of Community
12155  Affairs. The council shall develop programs, based on an
12156  examination of existing programs in Florida and other states,
12157  for the training of minorities and secondary school students in
12158  job skills associated with employment opportunities in the
12159  maritime industry, and report on progress and recommendations
12160  for further action to the President of the Senate and the
12161  Speaker of the House of Representatives annually.
12162         (5) The council shall review and approve or disapprove each
12163  project eligible to be funded pursuant to the Florida Seaport
12164  Transportation and Economic Development Program. The council
12165  shall annually submit to the Secretary of Transportation and;
12166  the executive director of the Department of Economic
12167  Opportunity, or his or her designee, director of the Office of
12168  Tourism, Trade, and Economic Development; and the Secretary of
12169  Community Affairs a list of projects which have been approved by
12170  the council. The list shall specify the recommended funding
12171  level for each project; and, if staged implementation of the
12172  project is appropriate, the funding requirements for each stage
12173  shall be specified.
12174         (8) The Department of Economic Opportunity Office of
12175  Tourism, Trade, and Economic Development, in consultation with
12176  Enterprise Florida, Inc., shall review the list of projects
12177  approved by the council to evaluate the economic benefit of the
12178  project and to determine whether the project is consistent with
12179  the Florida Seaport Mission Plan. The Department of Economic
12180  Opportunity Office of Tourism, Trade, and Economic Development
12181  shall review the economic benefits of each project based upon
12182  the rules adopted pursuant to subsection (4). The Department of
12183  Economic Opportunity Office of Tourism, Trade, and Economic
12184  Development shall identify those projects which it has
12185  determined do not offer an economic benefit to the state or are
12186  not consistent with the Florida Seaport Mission Plan and shall
12187  notify the council of its findings.
12188         (9) The council shall review the findings of the Department
12189  of Economic Opportunity Department of Community Affairs; the
12190  Office of Tourism, Trade, and Economic Development; and the
12191  Department of Transportation. Projects found to be inconsistent
12192  pursuant to subsections (6), (7), and (8) and projects which
12193  have been determined not to offer an economic benefit to the
12194  state pursuant to subsection (8) shall not be included in the
12195  list of projects to be funded.
12196         (10) The Department of Transportation shall include in its
12197  annual legislative budget request a Florida Seaport
12198  Transportation and Economic Development grant program for
12199  expenditure of funds of not less than $8 million per year. Such
12200  budget shall include funding for projects approved by the
12201  council which have been determined by each agency to be
12202  consistent and which have been determined by the Department of
12203  Economic Opportunity Office of Tourism, Trade, and Economic
12204  Development to be economically beneficial. The department shall
12205  include the specific approved seaport projects to be funded
12206  under this section during the ensuing fiscal year in the
12207  tentative work program developed pursuant to s. 339.135(4). The
12208  total amount of funding to be allocated to seaport projects
12209  under s. 311.07 during the successive 4 fiscal years shall also
12210  be included in the tentative work program developed pursuant to
12211  s. 339.135(4). The council may submit to the department a list
12212  of approved projects that could be made production-ready within
12213  the next 2 years. The list shall be submitted by the department
12214  as part of the needs and project list prepared pursuant to s.
12215  339.135(2)(b). However, the department shall, upon written
12216  request of the Florida Seaport Transportation and Economic
12217  Development Council, submit work program amendments pursuant to
12218  s. 339.135(7) to the Governor within 10 days after the later of
12219  the date the request is received by the department or the
12220  effective date of the amendment, termination, or closure of the
12221  applicable funding agreement between the department and the
12222  affected seaport, as required to release the funds from the
12223  existing commitment. Notwithstanding s. 339.135(7)(c), any work
12224  program amendment to transfer prior year funds from one approved
12225  seaport project to another seaport project is subject to the
12226  procedures in s. 339.135(7)(d). Notwithstanding any provision of
12227  law to the contrary, the department may transfer unexpended
12228  budget between the seaport projects as identified in the
12229  approved work program amendments.
12230         (11) The council shall meet at the call of its chairperson,
12231  at the request of a majority of its membership, or at such times
12232  as may be prescribed in its bylaws. However, the council must
12233  meet at least semiannually. A majority of voting members of the
12234  council constitutes a quorum for the purpose of transacting the
12235  business of the council. All members of the council are voting
12236  members. A vote of the majority of the voting members present is
12237  sufficient for any action of the council, except that a member
12238  representing the Department of Transportation, the Department of
12239  Community Affairs, or the Department of Economic Opportunity
12240  Office of Tourism, Trade, and Economic Development may vote to
12241  overrule any action of the council approving a project pursuant
12242  to subsection (5). The bylaws of the council may require a
12243  greater vote for a particular action.
12244         Section 228. Paragraph (b) of subsection (1) of section
12245  311.105, Florida Statutes, is amended to read:
12246         311.105 Florida Seaport Environmental Management Committee;
12247  permitting; mitigation.—
12248         (1)
12249         (b) The committee shall consist of the following members:
12250  the Secretary of Environmental Protection, or his or her
12251  designee, as an ex officio, nonvoting member; a designee from
12252  the United States Army Corps of Engineers, as an ex officio,
12253  nonvoting member; a designee from the Florida Inland Navigation
12254  District, as an ex officio, nonvoting member; the executive
12255  director of Economic Opportunity Secretary of Community Affairs,
12256  or his or her designee, as an ex officio, nonvoting member; and
12257  five or more port directors, as voting members, appointed to the
12258  committee by the council chair, who shall also designate one
12259  such member as committee chair.
12260         Section 229. Subsection (3) of section 327.803, Florida
12261  Statutes, is amended to read:
12262         327.803 Boating Advisory Council.—
12263         (3) The purpose of the council is to make recommendations
12264  to the Fish and Wildlife Conservation Commission and the
12265  Department of Economic Opportunity Community Affairs regarding
12266  issues affecting the boating community, including, but not
12267  limited to, issues related to:
12268         (a) Boating and diving safety education.
12269         (b) Boating-related facilities, including marinas and boat
12270  testing facilities.
12271         (c) Boat usage.
12272         (d) Boat access.
12273         (e) Working waterfronts.
12274         Section 230. Section 311.11, Florida Statutes, is amended
12275  to read:
12276         311.11 Seaport Employment Training Grant Program.—
12277         (1) The Department of Economic Opportunity Office of
12278  Tourism, Trade, and Economic Development, in cooperation with
12279  the Florida Seaport Transportation and Economic Development
12280  Council, shall establish a Seaport Employment Training Grant
12281  Program within the Department of Economic Opportunity Office.
12282  The Department of Economic Opportunity office shall grant funds
12283  appropriated by the Legislature to the program for the purpose
12284  of stimulating and supporting seaport training and employment
12285  programs which will seek to match state and local training
12286  programs with identified job skills associated with employment
12287  opportunities in the port, maritime, and transportation
12288  industries, and for the purpose of providing such other
12289  training, educational, and information services as required to
12290  stimulate jobs in the described industries. Funds may be used
12291  for the purchase of equipment to be used for training purposes,
12292  hiring instructors, and any other purpose associated with the
12293  training program. The office’s contribution of the Department of
12294  Economic Opportunity to any specific training program may not
12295  exceed 50 percent of the total cost of the program. Matching
12296  contributions may include services in kind, including, but not
12297  limited to, training instructors, equipment usage, and training
12298  facilities.
12299         (2) The Department of Economic Opportunity Office shall
12300  adopt criteria to implement this section.
12301         Section 231. Paragraph (i) of subsection (1) of section
12302  311.115, Florida Statutes, are amended to read:
12303         311.115 Seaport Security Standards Advisory Council.—The
12304  Seaport Security Standards Advisory Council is created under the
12305  Office of Drug Control. The council shall serve as an advisory
12306  council as provided in s. 20.03(7).
12307         (1) The members of the council shall be appointed by the
12308  Governor and consist of the following:
12309         (i) One representative of Department of Economic
12310  Opportunity member from the Office of Tourism, Trade, and
12311  Economic Development.
12312         Section 232. Subsection (2) of section 311.22, Florida
12313  Statutes, is amended to read:
12314         311.22 Additional authorization for funding certain
12315  dredging projects.—
12316         (2) The council shall adopt rules for evaluating the
12317  projects that may be funded pursuant to this section. The rules
12318  must provide criteria for evaluating the economic benefit of the
12319  project. The rules must include the creation of an
12320  administrative review process by the council which is similar to
12321  the process described in s. 311.09(5)-(12), and provide for a
12322  review by the Department of Community Affairs, the Department of
12323  Transportation, and the Department of Economic Opportunity
12324  Office of Tourism, Trade, and Economic Development of all
12325  projects submitted for funding under this section.
12326         Section 233. Paragraph (a) of subsection (6), paragraph (b)
12327  of subsection (9), subsection (60), and paragraph (b) of
12328  subsection (65) of section 320.08058, Florida Statutes, are
12329  amended to read:
12330         320.08058 Specialty license plates.—
12331         (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
12332  PLATES.—
12333         (a) Because the United States Olympic Committee has
12334  selected this state to participate in a combined fundraising
12335  program that provides for one-half of all money raised through
12336  volunteer giving to stay in this state and be administered by
12337  Enterprise Florida, Inc., the direct-support organization
12338  established under s. 288.1229 to support amateur sports, and
12339  because the United States Olympic Committee and Enterprise
12340  Florida, Inc., the direct-support organization are nonprofit
12341  organizations dedicated to providing athletes with support and
12342  training and preparing athletes of all ages and skill levels for
12343  sports competition, and because Enterprise Florida, Inc., the
12344  direct-support organization assists in the bidding for sports
12345  competitions that provide significant impact to the economy of
12346  this state, and the Legislature supports the efforts of the
12347  United States Olympic Committee and Enterprise Florida, Inc.,
12348  the direct-support organization, the Legislature establishes a
12349  Florida United States Olympic Committee license plate for the
12350  purpose of providing a continuous funding source to support this
12351  worthwhile effort. Florida United States Olympic Committee
12352  license plates must contain the official United States Olympic
12353  Committee logo and must bear a design and colors that are
12354  approved by the department. The word “Florida” must be centered
12355  at the top of the plate.
12356         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
12357         (b) The license plate annual use fees are to be annually
12358  distributed as follows:
12359         1. Fifty-five percent of the proceeds from the Florida
12360  Professional Sports Team plate must be deposited into the
12361  Professional Sports Development Trust Fund within the Department
12362  of Economic Opportunity Office of Tourism, Trade, and Economic
12363  Development. These funds must be used solely to attract and
12364  support major sports events in this state. As used in this
12365  subparagraph, the term “major sports events” means, but is not
12366  limited to, championship or all-star contests of Major League
12367  Baseball, the National Basketball Association, the National
12368  Football League, the National Hockey League, the men’s and
12369  women’s National Collegiate Athletic Association Final Four
12370  basketball championship, or a horseracing or dogracing Breeders’
12371  Cup. All funds must be used to support and promote major
12372  sporting events, and the uses must be approved by the Florida
12373  Sports Foundation.
12374         2. The remaining proceeds of the Florida Professional
12375  Sports Team license plate must be allocated to Enterprise
12376  Florida, Inc the Florida Sports Foundation, a direct-support
12377  organization of the Office of Tourism, Trade, and Economic
12378  Development. These funds must be deposited into the Professional
12379  Sports Development Trust Fund within the Department of Economic
12380  Opportunity Office of Tourism, Trade, and Economic Development.
12381  These funds must be used by Enterprise Florida, Inc., the
12382  Florida Sports Foundation to promote the economic development of
12383  the sports industry; to distribute licensing and royalty fees to
12384  participating professional sports teams; to promote education
12385  programs in Florida schools that provide an awareness of the
12386  benefits of physical activity and nutrition standards; to
12387  partner with the Department of Education and the Department of
12388  Health to develop a program that recognizes schools whose
12389  students demonstrate excellent physical fitness or fitness
12390  improvement; to institute a grant program for communities
12391  bidding on minor sporting events that create an economic impact
12392  for the state; to distribute funds to Florida-based charities
12393  designated by Enterprise Florida, Inc., the Florida Sports
12394  Foundation and the participating professional sports teams; and
12395  to fulfill the sports promotion responsibilities of the
12396  Department of Economic Opportunity Office of Tourism, Trade, and
12397  Economic Development.
12398         3. Enterprise Florida, Inc., The Florida Sports Foundation
12399  shall provide an annual financial audit in accordance with s.
12400  215.981 of its financial accounts and records by an independent
12401  certified public accountant pursuant to the contract established
12402  by the Department of Economic Opportunity Office of Tourism,
12403  Trade, and Economic Development as specified in s. 288.1229(5).
12404  The auditor shall submit the audit report to the Department of
12405  Economic Opportunity Office of Tourism, Trade, and Economic
12406  Development for review and approval. If the audit report is
12407  approved, the Department of Economic Opportunity office shall
12408  certify the audit report to the Auditor General for review.
12409         4. Notwithstanding the provisions of subparagraphs 1. and
12410  2., proceeds from the Professional Sports Development Trust Fund
12411  may also be used for operational expenses of Enterprise Florida,
12412  Inc., the Florida Sports Foundation and financial support of the
12413  Sunshine State Games.
12414         (60) FLORIDA NASCAR LICENSE PLATES.—
12415         (a) The department shall develop a Florida NASCAR license
12416  plate as provided in this section. Florida NASCAR license plates
12417  must bear the colors and design approved by the department. The
12418  word “Florida” must appear at the top of the plate, and the term
12419  “NASCAR” must appear at the bottom of the plate. The National
12420  Association for Stock Car Auto Racing, following consultation
12421  with Enterprise Florida, Inc., the Florida Sports Foundation,
12422  may submit a sample plate for consideration by the department.
12423         (b) The license plate annual use fees shall be distributed
12424  to Enterprise Florida, Inc. the Florida Sports Foundation, a
12425  direct-support organization of the Office of Tourism, Trade, and
12426  Economic Development. The license plate annual use fees shall be
12427  annually allocated as follows:
12428         1. Up to 5 percent of the proceeds from the annual use fees
12429  may be used by Enterprise Florida, Inc., the Florida Sports
12430  Foundation for the administration of the NASCAR license plate
12431  program.
12432         2. The National Association for Stock Car Auto Racing shall
12433  receive up to $60,000 in proceeds from the annual use fees to be
12434  used to pay startup costs, including costs incurred in
12435  developing and issuing the plates. Thereafter, 10 percent of the
12436  proceeds from the annual use fees shall be provided to the
12437  association for the royalty rights for the use of its marks.
12438         3. The remaining proceeds from the annual use fees shall be
12439  distributed to Enterprise Florida, Inc. the Florida Sports
12440  Foundation. Enterprise Florida, Inc., The Florida Sports
12441  Foundation will retain 15 percent to support its regional grant
12442  program, attracting sporting events to Florida; 20 percent to
12443  support the marketing of motorsports-related tourism in the
12444  state; and 50 percent to be paid to the NASCAR Foundation, a s.
12445  501(c)(3) charitable organization, to support Florida-based
12446  charitable organizations.
12447         (c) Enterprise Florida, Inc., The Florida Sports Foundation
12448  shall provide an annual financial audit in accordance with s.
12449  215.981 of its financial accounts and records by an independent
12450  certified public accountant pursuant to the contract established
12451  by the Department of Economic Opportunity Office of Tourism,
12452  Trade, and Economic Development as specified in s. 288.1229(5).
12453  The auditor shall submit the audit report to the Department of
12454  Economic Opportunity Office of Tourism, Trade, and Economic
12455  Development for review and approval. If the audit report is
12456  approved, the Department of Economic Opportunity office shall
12457  certify the audit report to the Auditor General for review.
12458         (65) FLORIDA TENNIS LICENSE PLATES.—
12459         (b) The department shall distribute the annual use fees to
12460  Enterprise Florida, Inc the Florida Sports Foundation, a direct
12461  support organization of the Office of Tourism, Trade, and
12462  Economic Development. The license plate annual use fees shall be
12463  annually allocated as follows:
12464         1. Up to 5 percent of the proceeds from the annual use fees
12465  may be used by Enterprise Florida, Inc., the Florida Sports
12466  Foundation to administer the license plate program.
12467         2. The United States Tennis Association Florida Section
12468  Foundation shall receive the first $60,000 in proceeds from the
12469  annual use fees to reimburse it for startup costs,
12470  administrative costs, and other costs it incurs in the
12471  development and approval process.
12472         3. Up to 5 percent of the proceeds from the annual use fees
12473  may be used for promoting and marketing the license plates. The
12474  remaining proceeds shall be available for grants by the United
12475  States Tennis Association Florida Section Foundation to
12476  nonprofit organizations to operate youth tennis programs and
12477  adaptive tennis programs for special populations of all ages,
12478  and for building, renovating, and maintaining public tennis
12479  courts.
12480         Section 234. Subsection (3) of section 320.63, Florida
12481  Statutes, is amended to read:
12482         320.63 Application for license; contents.—Any person
12483  desiring to be licensed pursuant to ss. 320.60-320.70 shall make
12484  application therefor to the department upon a form containing
12485  such information as the department requires. The department
12486  shall require, with such application or otherwise and from time
12487  to time, all of the following, which information may be
12488  considered by the department in determining the fitness of the
12489  applicant or licensee to engage in the business for which the
12490  applicant or licensee desires to be licensed:
12491         (3) From each manufacturer, distributor, or importer which
12492  utilizes an identical blanket basic agreement for its dealers or
12493  distributors in this state, which agreement comprises all or any
12494  part of the applicant’s or licensee’s agreements with motor
12495  vehicle dealers in this state, a copy of the written agreement
12496  and all supplements thereto, together with a list of the
12497  applicant’s or licensee’s authorized dealers or distributors and
12498  their addresses. The applicant or licensee shall further notify
12499  the department immediately of the appointment of any additional
12500  dealer or distributor. The applicant or licensee shall annually
12501  report to the department on its efforts to add new minority
12502  dealer points, including difficulties encountered under ss.
12503  320.61-320.70. For purposes of this section “minority” shall
12504  have the same meaning as that given it in the definition of
12505  “minority person” in s. 288.703(3). Not later than 60 days
12506  before prior to the date a revision or modification to a
12507  franchise agreement is offered uniformly to a licensee’s motor
12508  vehicle dealers in this state, the licensee shall notify the
12509  department of such revision, modification, or addition to the
12510  franchise agreement on file with the department. In no event may
12511  a franchise agreement, or any addendum or supplement thereto, be
12512  offered to a motor vehicle dealer in this state until the
12513  applicant or licensee files an affidavit with the department
12514  acknowledging that the terms or provisions of the agreement, or
12515  any related document, are not inconsistent with, prohibited by,
12516  or contrary to the provisions contained in ss. 320.60-320.70.
12517  Any franchise agreement offered to a motor vehicle dealer in
12518  this state shall provide that all terms and conditions in such
12519  agreement inconsistent with the law and rules of this state are
12520  of no force and effect.
12521         Section 235. Subsection (5) of section 331.3051, Florida
12522  Statutes, is amended to read:
12523         331.3051 Duties of Space Florida.—Space Florida shall:
12524         (5) Consult with Enterprise Florida, Inc., the Florida
12525  Commission on Tourism in developing a space tourism marketing
12526  plan. Space Florida and Enterprise Florida, Inc., the Florida
12527  Commission on Tourism may enter into a mutually beneficial
12528  agreement that provides funding to Enterprise Florida, Inc., the
12529  commission for its services to implement this subsection.
12530         Section 236. Section 331.3081, Florida Statutes, is amended
12531  to read:
12532         (Substantial rewording of section. See
12533         s. 331.3081, F.S., for present text.)
12534         331.3081Board of Directors; advisory board.—
12535         (1) Space Florida shall be governed by a 12-member
12536  independent board of directors that consists of the members
12537  appointed to the board of directors of Enterprise Florida, Inc.,
12538  by the Governor, the President of the Senate, and the Speaker of
12539  the House of Representatives pursuant to s. 288.901(5)(a)5.
12540         (2) Space Florida shall have a 15-member advisory council,
12541  appointed by the Governor from a list of nominations submitted
12542  by the board of directors. The advisory council shall be
12543  composed of Florida residents with expertise in the space
12544  industry, and each of the following areas of expertise or
12545  experience must be represented by at least one advisory council
12546  member: human space-flight programs, commercial launches into
12547  space, organized labor with experience working in the aerospace
12548  industry, aerospace-related industries, a commercial company
12549  working under Federal Government contracts to conduct space
12550  related business, an aerospace company whose primary client is
12551  the United States Department of Defense, and an alternative
12552  energy enterprise with potential for aerospace applications. The
12553  advisory council shall elect a member to serve as the chair of
12554  the council.
12555         (3) The advisory council shall make recommendations to the
12556  board of directors of Enterprise Florida, Inc., on the operation
12557  of Space Florida, including matters pertaining to ways to
12558  improve or enhance Florida’s efforts to expand its existing
12559  space and aerospace industry, to improve management and use of
12560  Florida’s state-owned real property assets related to space and
12561  aerospace, how best to retain and, if necessary, retrain
12562  Florida’s highly skilled space and aerospace workforce, and how
12563  to strengthen bonds between this state, NASA, the Department of
12564  Defense, and private space and aerospace industries.
12565         (4) The term for an advisory council member is 4 years. A
12566  member may not serve more than two consecutive terms. The
12567  Governor may remove any member for cause and shall fill all
12568  vacancies that occur.
12569         (5) Advisory council members shall serve without
12570  compensation, but may be reimbursed for all reasonable,
12571  necessary, and actual expenses as determined by the board of
12572  directors of Enterprise Florida, Inc.
12573         Section 237. Subsection (1) of section 332.115, Florida
12574  Statutes, is amended to read:
12575         332.115 Joint project agreement with port district for
12576  transportation corridor between airport and port facility.—
12577         (1) An eligible agency may acquire, construct, and operate
12578  all equipment, appurtenances, and land necessary to establish,
12579  maintain, and operate, or to license others to establish,
12580  maintain, operate, or use, a transportation corridor connecting
12581  an airport operated by such eligible agency with a port
12582  facility, which corridor must be acquired, constructed, and used
12583  for the transportation of persons between the airport and the
12584  port facility, for the transportation of cargo, and for the
12585  location and operation of lines for the transmission of water,
12586  electricity, communications, information, petroleum products,
12587  products of a public utility (including new technologies of a
12588  public utility nature), and materials. However, any such
12589  corridor may be established and operated only pursuant to a
12590  joint project agreement between an eligible agency as defined in
12591  s. 332.004 and a port district as defined in s. 315.02, and such
12592  agreement must be approved by the Department of Transportation
12593  and the Department of Economic Opportunity Community Affairs.
12594  Before the Department of Transportation approves the joint
12595  project agreement, that department must review the public
12596  purpose and necessity for the corridor pursuant to s. 337.273(5)
12597  and must also determine that the proposed corridor is consistent
12598  with the Florida Transportation Plan. Before the Department of
12599  Economic Opportunity Community Affairs approves the joint
12600  project agreement, that department must determine that the
12601  proposed corridor is consistent with the applicable local
12602  government comprehensive plans. An affected local government may
12603  provide its comments regarding the consistency of the proposed
12604  corridor with its comprehensive plan to the Department of
12605  Economic Opportunity Community Affairs.
12606         Section 238. Section 333.065, Florida Statutes, is amended
12607  to read:
12608         333.065 Guidelines regarding land use near airports.—The
12609  Department of Transportation, after consultation with the
12610  Department of Economic Opportunity Community Affairs, local
12611  governments, and other interested persons, shall adopt by rule
12612  recommended guidelines regarding compatible land uses in the
12613  vicinity of airports. These guidelines shall utilize acceptable
12614  and established quantitative measures, such as the Air
12615  Installation Compatible Use Zone standards, the Florida
12616  Statutes, and applicable Federal Aviation Administration
12617  documents.
12618         Section 239. Paragraph (f) of subsection (4) and paragraph
12619  (g) of subsection (7) of section 339.135, Florida Statutes, are
12620  amended to read:
12621         339.135 Work program; legislative budget request;
12622  definitions; preparation, adoption, execution, and amendment.—
12623         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
12624         (f) The central office shall submit a preliminary copy of
12625  the tentative work program to the Executive Office of the
12626  Governor, the legislative appropriations committees, the Florida
12627  Transportation Commission, and the Department of Economic
12628  Opportunity Community Affairs at least 14 days prior to the
12629  convening of the regular legislative session. Prior to the
12630  statewide public hearing required by paragraph (g), the
12631  Department of Economic Opportunity Community Affairs shall
12632  transmit to the Florida Transportation Commission a list of
12633  those projects and project phases contained in the tentative
12634  work program which are identified as being inconsistent with
12635  approved local government comprehensive plans. For urbanized
12636  areas of metropolitan planning organizations, the list may not
12637  contain any project or project phase that is scheduled in a
12638  transportation improvement program unless such inconsistency has
12639  been previously reported to the affected metropolitan planning
12640  organization.
12641         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
12642         (g) Notwithstanding the requirements in paragraphs (d) and
12643  (g) and ss. 216.177(2) and 216.351, the secretary may request
12644  the Executive Office of the Governor to amend the adopted work
12645  program when an emergency exists, as defined in s. 252.34(3),
12646  and the emergency relates to the repair or rehabilitation of any
12647  state transportation facility. The Executive Office of the
12648  Governor may approve the amendment to the adopted work program
12649  and amend that portion of the department’s approved budget if a
12650  in the event that the delay incident to the notification
12651  requirements in paragraph (d) would be detrimental to the
12652  interests of the state. However, the department shall
12653  immediately notify the parties specified in paragraph (d) and
12654  shall provide such parties written justification for the
12655  emergency action within 7 days after of the approval by the
12656  Executive Office of the Governor of the amendment to the adopted
12657  work program and the department’s budget. In no event may The
12658  adopted work program may not be amended under the provisions of
12659  this subsection without the certification by the comptroller of
12660  the department that there are sufficient funds available
12661  pursuant to the 36-month cash forecast and applicable statutes.
12662         Section 240. Paragraphs (f) and (g) of subsection (8) of
12663  section 339.175, Florida Statutes, are amended to read:
12664         339.175 Metropolitan planning organization.—
12665         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
12666  in cooperation with the state and affected public transportation
12667  operators, develop a transportation improvement program for the
12668  area within the jurisdiction of the M.P.O. In the development of
12669  the transportation improvement program, each M.P.O. must provide
12670  the public, affected public agencies, representatives of
12671  transportation agency employees, freight shippers, providers of
12672  freight transportation services, private providers of
12673  transportation, representatives of users of public transit, and
12674  other interested parties with a reasonable opportunity to
12675  comment on the proposed transportation improvement program.
12676         (f) The adopted annual transportation improvement program
12677  for M.P.O.’s in nonattainment or maintenance areas must be
12678  submitted to the district secretary and the Department of
12679  Economic Opportunity Community Affairs at least 90 days before
12680  the submission of the state transportation improvement program
12681  by the department to the appropriate federal agencies. The
12682  annual transportation improvement program for M.P.O.’s in
12683  attainment areas must be submitted to the district secretary and
12684  the Department of Economic Opportunity Community Affairs at
12685  least 45 days before the department submits the state
12686  transportation improvement program to the appropriate federal
12687  agencies; however, the department, the Department of Economic
12688  Opportunity Community Affairs, and a metropolitan planning
12689  organization may, in writing, agree to vary this submittal date.
12690  The Governor or the Governor’s designee shall review and approve
12691  each transportation improvement program and any amendments
12692  thereto.
12693         (g) The Department of Economic Opportunity Community
12694  Affairs shall review the annual transportation improvement
12695  program of each M.P.O. for consistency with the approved local
12696  government comprehensive plans of the units of local government
12697  whose boundaries are within the metropolitan area of each M.P.O.
12698  and shall identify those projects that are inconsistent with
12699  such comprehensive plans. The Department of Economic Opportunity
12700  Community Affairs shall notify an M.P.O. of any transportation
12701  projects contained in its transportation improvement program
12702  which are inconsistent with the approved local government
12703  comprehensive plans of the units of local government whose
12704  boundaries are within the metropolitan area of the M.P.O.
12705         Section 241. Subsection (1) of section 342.201, Florida
12706  Statutes, is amended to read:
12707         342.201 Waterfronts Florida Program.—
12708         (1) There is established within the Department of
12709  Environmental Protection Community Affairs the Waterfronts
12710  Florida Program to provide technical assistance and support to
12711  communities in revitalizing waterfront areas in this state.
12712         Section 242. Subsection (3) of section 369.303, Florida
12713  Statutes, is amended to read:
12714         369.303 Definitions.—As used in this part:
12715         (3) “Department” means the Department of Economic
12716  Opportunity Community Affairs.
12717         Section 243. Subsection (1) of section 369.318, Florida
12718  Statutes, is amended to read:
12719         369.318 Studies.—
12720         (1) The Department of Environmental Protection shall study
12721  the efficacy and applicability of water quality and wastewater
12722  treatment standards needed to achieve nitrogen reductions
12723  protective of surface and groundwater quality within the Wekiva
12724  Study Area and report to the Governor and the Department of
12725  Economic Opportunity Community Affairs. The Department of
12726  Environmental Protection may adopt rules to implement the
12727  specific recommendations set forth in sections C.2. and C.4. of
12728  its report entitled “A Strategy for Water Quality Protection:
12729  Wastewater Treatment in the Wekiva Study Area,” dated December
12730  2004, in order to achieve nitrogen reductions protective of
12731  surface and groundwater quality in the Wekiva Study Area and
12732  implement Recommendation 8 of the Wekiva River Basin
12733  Coordinating Committee’s final report dated March 16, 2004. The
12734  rules shall provide an opportunity for relief from such specific
12735  recommendations upon affirmative demonstration by the permittee
12736  or permit applicant, based on water quality data, physical
12737  circumstances, or other credible information, that the discharge
12738  of treated wastewater is protective of surface water and
12739  groundwater quality with respect to nitrate nitrogen as set
12740  forth in section C.1. of the referenced December 2004 report.
12741         Section 244. Subsections (5) and (7) of section 369.321,
12742  Florida Statutes, are amended to read:
12743         369.321 Comprehensive plan amendments.—Except as otherwise
12744  expressly provided, by January 1, 2006, each local government
12745  within the Wekiva Study Area shall amend its local government
12746  comprehensive plan to include the following:
12747         (5) Comprehensive plans and comprehensive plan amendments
12748  adopted by the local governments to implement this section shall
12749  be reviewed by the Department of Economic Opportunity Community
12750  Affairs pursuant to s. 163.3184, and shall be exempt from the
12751  provisions of s. 163.3187(1).
12752         (7) During the period prior to the adoption of the
12753  comprehensive plan amendments required by this act, any local
12754  comprehensive plan amendment adopted by a city or county that
12755  applies to land located within the Wekiva Study Area shall
12756  protect surface and groundwater resources and be reviewed by the
12757  Department of Economic Opportunity Community Affairs, pursuant
12758  to chapter 163 and chapter 9J-5, Florida Administrative Code,
12759  using best available data, including the information presented
12760  to the Wekiva River Basin Coordinating Committee.
12761         Section 245. Subsections (1) and (3) of section 369.322,
12762  Florida Statutes, are amended to read:
12763         369.322 Coordination of land use and water supply within
12764  the Wekiva Study Area.—
12765         (1) In their review of local government comprehensive plan
12766  amendments for property located within the Wekiva Study Area
12767  pursuant to s. 163.3184, the Department of Economic Opportunity
12768  Community Affairs and the St. Johns River Water Management
12769  District shall assure that amendments that increase development
12770  potential demonstrate that adequate potable water consumptive
12771  use permit capacity is available.
12772         (3) In recognition of the need to balance resource
12773  protection, existing infrastructure and improvements planned or
12774  committed as part of approved development, consistent with
12775  existing municipal or county comprehensive plans and economic
12776  development opportunities, planned community development
12777  initiatives that assure protection of surface and groundwater
12778  resources while promoting compact, ecologically and economically
12779  sustainable growth should be encouraged. Small area studies,
12780  sector plans, or similar planning tools should support these
12781  community development initiatives. In addition, the Department
12782  of Economic Opportunity Community Affairs may make available
12783  best practice guides that demonstrate how to balance resource
12784  protection and economic development opportunities.
12785         Section 246. Section 369.323, Florida Statutes, is amended
12786  to read:
12787         369.323 Compliance.—Comprehensive plans and plan amendments
12788  adopted by the local governments within the Wekiva Study Area to
12789  implement this act shall be reviewed for compliance by the
12790  Department of Economic Opportunity Community Affairs.
12791         Section 247. Subsections (1) and (5) of section 369.324,
12792  Florida Statutes, are amended to read:
12793         369.324 Wekiva River Basin Commission.—
12794         (1) The Wekiva River Basin Commission is created to monitor
12795  and ensure the implementation of the recommendations of the
12796  Wekiva River Basin Coordinating Committee for the Wekiva Study
12797  Area. The East Central Florida Regional Planning Council shall
12798  provide staff support to the commission with funding assistance
12799  from the Department of Economic Opportunity Community Affairs.
12800  The commission shall be comprised of a total of 19 members
12801  appointed by the Governor, 9 of whom shall be voting members and
12802  10 shall be ad hoc nonvoting members. The voting members shall
12803  include:
12804         (a) One member of each of the Boards of County
12805  Commissioners for Lake, Orange, and Seminole Counties.
12806         (b) One municipal elected official to serve as a
12807  representative of the municipalities located within the Wekiva
12808  Study Area of Lake County.
12809         (c) One municipal elected official to serve as a
12810  representative of the municipalities located within the Wekiva
12811  Study Area of Orange County.
12812         (d) One municipal elected official to serve as a
12813  representative of the municipalities located within the Wekiva
12814  Study Area of Seminole County.
12815         (e) One citizen representing an environmental or
12816  conservation organization, one citizen representing a local
12817  property owner, a land developer, or an agricultural entity, and
12818  one at-large citizen who shall serve as chair of the council.
12819         (f) The ad hoc nonvoting members shall include one
12820  representative from each of the following entities:
12821         1. St. Johns River Management District.
12822         2. Department of Economic Opportunity Community Affairs.
12823         3. Department of Environmental Protection.
12824         4. Department of Health.
12825         5. Department of Agriculture and Consumer Services.
12826         6. Fish and Wildlife Conservation Commission.
12827         7. Department of Transportation.
12828         8. MetroPlan Orlando.
12829         9. Orlando-Orange County Expressway Authority.
12830         10. Seminole County Expressway Authority.
12831         (5) The commission shall report annually, no later than
12832  December 31 of each year, to the Governor, the President of the
12833  Senate, the Speaker of the House of Representatives, and the
12834  Department of Economic Opportunity Community Affairs on
12835  implementation progress.
12836         Section 248. Paragraph (b) of subsection (3) of section
12837  373.199, Florida Statutes, is amended to read:
12838         373.199 Florida Forever Water Management District Work
12839  Plan.—
12840         (3) In developing the list, each water management district
12841  shall:
12842         (b) Work cooperatively with the applicable ecosystem
12843  management area teams and other citizen advisory groups, the
12844  Department of Environmental Protection and its district offices,
12845  the Department of Agriculture and Consumer Services, the Fish
12846  and Wildlife Conservation Commission, the Department of Economic
12847  Opportunity Community Affairs, the Department of Transportation,
12848  other state agencies, and federal agencies, where applicable.
12849         Section 249. Subsection (5) of section 373.4149, Florida
12850  Statutes, is amended to read:
12851         373.4149 Miami-Dade County Lake Belt Plan.—
12852         (5) The secretary of the Department of Environmental
12853  Protection, the executive director secretary of the Department
12854  of Economic Opportunity Community Affairs, the secretary of the
12855  Department of Transportation, the Commissioner of Agriculture,
12856  the executive director of the Fish and Wildlife Conservation
12857  Commission, and the executive director of the South Florida
12858  Water Management District may enter into agreements with
12859  landowners, developers, businesses, industries, individuals, and
12860  governmental agencies as necessary to effectuate the Miami-Dade
12861  Lake Belt Plan and the provisions of this section.
12862         Section 250. Paragraph (a) of subsection (1) of section
12863  373.453, Florida Statutes, is amended to read:
12864         373.453 Surface water improvement and management plans and
12865  programs.—
12866         (1)(a) Each water management district, in cooperation with
12867  the department, the Department of Agriculture and Consumer
12868  Services, the Department of Economic Opportunity Community
12869  Affairs, the Fish and Wildlife Conservation Commission, local
12870  governments, and others, shall maintain a list that prioritizes
12871  water bodies of regional or statewide significance within the
12872  water management district. The list shall be reviewed and
12873  updated every 5 years.
12874         Section 251. Subsection (1) of section 375.021, Florida
12875  Statutes, is amended to read:
12876         375.021 Comprehensive multipurpose outdoor recreation
12877  plan.—
12878         (1) The department is given the responsibility, authority,
12879  and power to develop and execute a comprehensive multipurpose
12880  outdoor recreation plan for this state with the cooperation of
12881  the Department of Agriculture and Consumer Services, the
12882  Department of Transportation, the Fish and Wildlife Conservation
12883  Commission, the Department of Economic Opportunity Florida
12884  Commission on Tourism, and the water management districts.
12885         Section 252. Section 376.60, Florida Statutes, is amended
12886  to read:
12887         376.60 Asbestos removal program inspection and notification
12888  fee.—The Department of Environmental Protection shall charge an
12889  inspection and notification fee, not to exceed $300 for a small
12890  business as defined in s. 288.703(1), or $1,000 for any other
12891  project, for any asbestos removal project. The department may
12892  establish a fee schedule by rule. Schools, colleges,
12893  universities, residential dwellings, and those persons otherwise
12894  exempted from licensure under s. 469.002(4) are exempt from the
12895  fees. Any fee collected must be deposited in the asbestos
12896  program account in the Air Pollution Control Trust Fund to be
12897  used by the department to administer its asbestos removal
12898  program.
12899         (1) In those counties with approved local air pollution
12900  control programs, the department shall return 80 percent of the
12901  asbestos removal program inspection and notification fees
12902  collected in that county to the local government quarterly, if
12903  the county requests it.
12904         (2) The fees returned to a county under subsection (1) must
12905  be used only for asbestos-related program activities.
12906         (3) A county may not levy any additional fees for asbestos
12907  removal activity while it receives fees under subsection (1).
12908         (4) If a county has requested reimbursement under
12909  subsection (1), the department shall reimburse the approved
12910  local air pollution control program with 80 percent of the fees
12911  collected in the county retroactive to July 1, 1994, for
12912  asbestos-related program activities.
12913         (5) If an approved local air pollution control program that
12914  is providing asbestos notification and inspection services
12915  according to 40 C.F.R. part 61, subpart M, and is collecting
12916  fees sufficient to support the requirements of 40 C.F.R. part
12917  61, subpart M, opts not to receive the state-generated asbestos
12918  notification fees, the state may discontinue collection of the
12919  state asbestos notification fees in that county.
12920         Section 253. Subsection (2) of section 376.86, Florida
12921  Statutes, is amended to read:
12922         376.86 Brownfield Areas Loan Guarantee Program.—
12923         (2) The council shall consist of the secretary of the
12924  Department of Environmental Protection or the secretary’s
12925  designee, the secretary of the Department of Community Affairs
12926  or the secretary’s designee, the State Surgeon General or the
12927  State Surgeon General’s designee, the executive director of the
12928  State Board of Administration or the executive director’s
12929  designee, the executive director of the Florida Housing Finance
12930  Corporation or the executive director’s designee, and the
12931  executive director of Economic Opportunity or the director’s
12932  Director of the Governor’s Office of Tourism, Trade, and
12933  Economic Development or the director’s designee. The executive
12934  director of Economic Opportunity or the director’s designee
12935  shall serve as chair chairperson of the council shall be the
12936  Director of the Governor’s Office of Tourism, Trade, and
12937  Economic Development. Staff services for activities of the
12938  council shall be provided as needed by the member agencies.
12939         Section 254. Subsection (1), paragraph (c) of subsection
12940  (2), and subsections (3) and (4) of section 377.809, Florida
12941  Statutes, are amended to read:
12942         377.809 Energy Economic Zone Pilot Program.—
12943         (1) The Department of Economic Opportunity Community
12944  Affairs, in consultation with the Department of Transportation,
12945  shall implement an Energy Economic Zone Pilot Program for the
12946  purpose of developing a model to help communities cultivate
12947  green economic development, encourage renewable electric energy
12948  generation, manufacture products that contribute to energy
12949  conservation and green jobs, and further implement chapter 2008
12950  191, Laws of Florida, relative to discouraging sprawl and
12951  developing energy-efficient land use patterns and greenhouse gas
12952  reduction strategies. The Department of Agriculture and Consumer
12953  Services Office of Tourism, Trade, and Economic Development and
12954  the Florida Energy and Climate Commission shall provide
12955  technical assistance to the departments in developing and
12956  administering the program.
12957         (2)
12958         (c) The Department of Economic Opportunity Community
12959  Affairs shall grant at least one application if the application
12960  meets the requirements of this subsection and the community has
12961  demonstrated a prior commitment to energy conservation, carbon
12962  reduction, green building, and economic development. The
12963  Department of Economic Opportunity Community Affairs and the
12964  Office of Tourism, Trade, and Economic Development shall provide
12965  the pilot community, including businesses within the energy
12966  economic zone, with technical assistance in identifying and
12967  qualifying for eligible grants and credits in job creation,
12968  energy, and other areas.
12969         (3)The Department of Community Affairs, with the
12970  assistance of the Office of Tourism, Trade, and Economic
12971  Development, shall submit an interim report by February 15,
12972  2010, to the Governor, the President of the Senate, and the
12973  Speaker of the House of Representatives regarding the status of
12974  the pilot program. The report shall contain any recommendations
12975  deemed appropriate by the department for statutory changes to
12976  accomplish the goals of the pilot program community, including
12977  whether it would be beneficial to provide financial incentives
12978  similar to those offered to an enterprise zone.
12979         (3)(4) If the pilot project is ongoing, the Department of
12980  Economic Opportunity Community Affairs, with the assistance of
12981  the Office of Tourism, Trade, and Economic Development, shall
12982  submit a report to the Governor, the President of the Senate,
12983  and the Speaker of the House of Representatives by February 15,
12984  2012, evaluating whether the pilot program has demonstrated
12985  success. The report shall contain recommendations with regard to
12986  whether the program should be expanded for use by other local
12987  governments and whether state policies should be revised to
12988  encourage the goals of the program.
12989         Section 255. Subsection (3) of section 378.411, Florida
12990  Statutes, is amended to read:
12991         378.411 Certification to receive notices of intent to mine,
12992  to review, and to inspect for compliance.—
12993         (3) In making his or her determination, the secretary shall
12994  consult with the Department of Economic Opportunity Community
12995  Affairs, the appropriate regional planning council, and the
12996  appropriate water management district.
12997         Section 256. Paragraph (c) of subsection (4) of section
12998  379.2291, Florida Statutes, is amended to read:
12999         379.2291 Endangered and Threatened Species Act.—
13000         (4) INTERAGENCY COORDINATION.—
13001         (c) The commission, in consultation with the Department of
13002  Agriculture and Consumer Services, the Department of Economic
13003  Opportunity Community Affairs, or the Department of
13004  Transportation, may establish reduced speed zones along roads,
13005  streets, and highways to protect endangered species or
13006  threatened species.
13007         Section 257. Subsection (18) of section 380.031, Florida
13008  Statutes, is amended to read:
13009         380.031 Definitions.—As used in this chapter:
13010         (18) “State land planning agency” means the Department of
13011  Economic Opportunity Community Affairs and may be referred to in
13012  this part as the “department.”
13013         Section 258. Paragraph (d) of subsection (2), paragraph (e)
13014  of subsection (15), and subsections (24) and (27) of section
13015  380.06, Florida Statutes, are amended to read:
13016         380.06 Developments of regional impact.—
13017         (2) STATEWIDE GUIDELINES AND STANDARDS.—
13018         (d) The guidelines and standards shall be applied as
13019  follows:
13020         1. Fixed thresholds.—
13021         a. A development that is below 100 percent of all numerical
13022  thresholds in the guidelines and standards is shall not be
13023  required to undergo development-of-regional-impact review.
13024         b. A development that is at or above 120 percent of any
13025  numerical threshold shall be required to undergo development-of
13026  regional-impact review.
13027         c. Projects certified under s. 403.973 which create at
13028  least 100 jobs and meet the criteria of the Department of
13029  Economic Opportunity Office of Tourism, Trade, and Economic
13030  Development as to their impact on an area’s economy, employment,
13031  and prevailing wage and skill levels that are at or below 100
13032  percent of the numerical thresholds for industrial plants,
13033  industrial parks, distribution, warehousing or wholesaling
13034  facilities, office development or multiuse projects other than
13035  residential, as described in s. 380.0651(3)(c), (d), and (h),
13036  are not required to undergo development-of-regional-impact
13037  review.
13038         2. Rebuttable presumption.—It shall be presumed that a
13039  development that is at 100 percent or between 100 and 120
13040  percent of a numerical threshold shall be required to undergo
13041  development-of-regional-impact review.
13042         (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
13043         (e)1. A local government shall not include, as a
13044  development order condition for a development of regional
13045  impact, any requirement that a developer contribute or pay for
13046  land acquisition or construction or expansion of public
13047  facilities or portions thereof unless the local government has
13048  enacted a local ordinance which requires other development not
13049  subject to this section to contribute its proportionate share of
13050  the funds, land, or public facilities necessary to accommodate
13051  any impacts having a rational nexus to the proposed development,
13052  and the need to construct new facilities or add to the present
13053  system of public facilities must be reasonably attributable to
13054  the proposed development.
13055         2. A local government shall not approve a development of
13056  regional impact that does not make adequate provision for the
13057  public facilities needed to accommodate the impacts of the
13058  proposed development unless the local government includes in the
13059  development order a commitment by the local government to
13060  provide these facilities consistently with the development
13061  schedule approved in the development order; however, a local
13062  government’s failure to meet the requirements of subparagraph 1.
13063  and this subparagraph shall not preclude the issuance of a
13064  development order where adequate provision is made by the
13065  developer for the public facilities needed to accommodate the
13066  impacts of the proposed development. Any funds or lands
13067  contributed by a developer must be expressly designated and used
13068  to accommodate impacts reasonably attributable to the proposed
13069  development.
13070         3. The Department of Economic Opportunity Community Affairs
13071  and other state and regional agencies involved in the
13072  administration and implementation of this act shall cooperate
13073  and work with units of local government in preparing and
13074  adopting local impact fee and other contribution ordinances.
13075         (24) STATUTORY EXEMPTIONS.—
13076         (a) Any proposed hospital is exempt from the provisions of
13077  this section.
13078         (b) Any proposed electrical transmission line or electrical
13079  power plant is exempt from the provisions of this section.
13080         (c) Any proposed addition to an existing sports facility
13081  complex is exempt from the provisions of this section if the
13082  addition meets the following characteristics:
13083         1. It would not operate concurrently with the scheduled
13084  hours of operation of the existing facility.
13085         2. Its seating capacity would be no more than 75 percent of
13086  the capacity of the existing facility.
13087         3. The sports facility complex property is owned by a
13088  public body before prior to July 1, 1983.
13089  
13090  This exemption does not apply to any pari-mutuel facility.
13091         (d) Any proposed addition or cumulative additions
13092  subsequent to July 1, 1988, to an existing sports facility
13093  complex owned by a state university is exempt if the increased
13094  seating capacity of the complex is no more than 30 percent of
13095  the capacity of the existing facility.
13096         (e) Any addition of permanent seats or parking spaces for
13097  an existing sports facility located on property owned by a
13098  public body before prior to July 1, 1973, is exempt from the
13099  provisions of this section if future additions do not expand
13100  existing permanent seating or parking capacity more than 15
13101  percent annually in excess of the prior year’s capacity.
13102         (f) Any increase in the seating capacity of an existing
13103  sports facility having a permanent seating capacity of at least
13104  50,000 spectators is exempt from the provisions of this section,
13105  provided that such an increase does not increase permanent
13106  seating capacity by more than 5 percent per year and not to
13107  exceed a total of 10 percent in any 5-year period, and provided
13108  that the sports facility notifies the appropriate local
13109  government within which the facility is located of the increase
13110  at least 6 months before prior to the initial use of the
13111  increased seating, in order to permit the appropriate local
13112  government to develop a traffic management plan for the traffic
13113  generated by the increase. Any traffic management plan shall be
13114  consistent with the local comprehensive plan, the regional
13115  policy plan, and the state comprehensive plan.
13116         (g) Any expansion in the permanent seating capacity or
13117  additional improved parking facilities of an existing sports
13118  facility is exempt from the provisions of this section, if the
13119  following conditions exist:
13120         1.a. The sports facility had a permanent seating capacity
13121  on January 1, 1991, of at least 41,000 spectator seats;
13122         b. The sum of such expansions in permanent seating capacity
13123  does not exceed a total of 10 percent in any 5-year period and
13124  does not exceed a cumulative total of 20 percent for any such
13125  expansions; or
13126         c. The increase in additional improved parking facilities
13127  is a one-time addition and does not exceed 3,500 parking spaces
13128  serving the sports facility; and
13129         2. The local government having jurisdiction of the sports
13130  facility includes in the development order or development permit
13131  approving such expansion under this paragraph a finding of fact
13132  that the proposed expansion is consistent with the
13133  transportation, water, sewer and stormwater drainage provisions
13134  of the approved local comprehensive plan and local land
13135  development regulations relating to those provisions.
13136  
13137  Any owner or developer who intends to rely on this statutory
13138  exemption shall provide to the department a copy of the local
13139  government application for a development permit. Within 45 days
13140  after of receipt of the application, the department shall render
13141  to the local government an advisory and nonbinding opinion, in
13142  writing, stating whether, in the department’s opinion, the
13143  prescribed conditions exist for an exemption under this
13144  paragraph. The local government shall render the development
13145  order approving each such expansion to the department. The
13146  owner, developer, or department may appeal the local government
13147  development order pursuant to s. 380.07, within 45 days after
13148  the order is rendered. The scope of review shall be limited to
13149  the determination of whether the conditions prescribed in this
13150  paragraph exist. If any sports facility expansion undergoes
13151  development-of-regional-impact review, all previous expansions
13152  which were exempt under this paragraph shall be included in the
13153  development-of-regional-impact review.
13154         (h) Expansion to port harbors, spoil disposal sites,
13155  navigation channels, turning basins, harbor berths, and other
13156  related inwater harbor facilities of ports listed in s.
13157  403.021(9)(b), port transportation facilities and projects
13158  listed in s. 311.07(3)(b), and intermodal transportation
13159  facilities identified pursuant to s. 311.09(3) are exempt from
13160  the provisions of this section when such expansions, projects,
13161  or facilities are consistent with comprehensive master plans
13162  that are in compliance with the provisions of s. 163.3178.
13163         (i) Any proposed facility for the storage of any petroleum
13164  product or any expansion of an existing facility is exempt from
13165  the provisions of this section.
13166         (j) Any renovation or redevelopment within the same land
13167  parcel which does not change land use or increase density or
13168  intensity of use.
13169         (k) Waterport and marina development, including dry storage
13170  facilities, are exempt from the provisions of this section.
13171         (l) Any proposed development within an urban service
13172  boundary established under s. 163.3177(14), which is not
13173  otherwise exempt pursuant to subsection (29), is exempt from the
13174  provisions of this section if the local government having
13175  jurisdiction over the area where the development is proposed has
13176  adopted the urban service boundary, has entered into a binding
13177  agreement with jurisdictions that would be impacted and with the
13178  Department of Transportation regarding the mitigation of impacts
13179  on state and regional transportation facilities, and has adopted
13180  a proportionate share methodology pursuant to s. 163.3180(16).
13181         (m) Any proposed development within a rural land
13182  stewardship area created under s. 163.3177(11)(d) is exempt from
13183  the provisions of this section if the local government that has
13184  adopted the rural land stewardship area has entered into a
13185  binding agreement with jurisdictions that would be impacted and
13186  the Department of Transportation regarding the mitigation of
13187  impacts on state and regional transportation facilities, and has
13188  adopted a proportionate share methodology pursuant to s.
13189  163.3180(16).
13190         (n) The establishment, relocation, or expansion of any
13191  military installation as defined in s. 163.3175, is exempt from
13192  this section.
13193         (o) Any self-storage warehousing that does not allow retail
13194  or other services is exempt from this section.
13195         (p) Any proposed nursing home or assisted living facility
13196  is exempt from this section.
13197         (q) Any development identified in an airport master plan
13198  and adopted into the comprehensive plan pursuant to s.
13199  163.3177(6)(k) is exempt from this section.
13200         (r) Any development identified in a campus master plan and
13201  adopted pursuant to s. 1013.30 is exempt from this section.
13202         (s) Any development in a specific area plan which is
13203  prepared pursuant to s. 163.3245 and adopted into the
13204  comprehensive plan is exempt from this section.
13205         (t) Any development within a county with a research and
13206  education authority created by special act and that is also
13207  within a research and development park that is operated or
13208  managed by a research and development authority pursuant to part
13209  V of chapter 159 is exempt from this section.
13210  
13211  If a use is exempt from review as a development of regional
13212  impact under paragraphs (a)-(s), but will be part of a larger
13213  project that is subject to review as a development of regional
13214  impact, the impact of the exempt use must be included in the
13215  review of the larger project, unless such exempt use involves a
13216  development of regional impact that includes a landowner,
13217  tenant, or user that has entered into a funding agreement with
13218  the Department of Economic Opportunity Office of Tourism, Trade,
13219  and Economic Development under the Innovation Incentive Program
13220  and the agreement contemplates a state award of at least $50
13221  million.
13222         (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
13223  DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
13224  or her rights, responsibilities, and obligations under a
13225  development order and the development order does not clearly
13226  define his or her rights, responsibilities, and obligations, the
13227  developer or owner may request participation in resolving the
13228  dispute through the dispute resolution process outlined in s.
13229  186.509. The Department of Economic Opportunity Community
13230  Affairs shall be notified by certified mail of any meeting held
13231  under the process provided for by this subsection at least 5
13232  days before the meeting.
13233         Section 259. Paragraph (a) of subsection (5) of section
13234  380.061, Florida Statutes, is amended to read:
13235         380.061 The Florida Quality Developments program.—
13236         (5)(a) Before filing an application for development
13237  designation, the developer shall contact the Department of
13238  Economic Opportunity Community Affairs to arrange one or more
13239  preapplication conferences with the other reviewing entities.
13240  Upon the request of the developer or any of the reviewing
13241  entities, other affected state or regional agencies shall
13242  participate in this conference. The department, in coordination
13243  with the local government with jurisdiction and the regional
13244  planning council, shall provide the developer information about
13245  the Florida Quality Developments designation process and the use
13246  of preapplication conferences to identify issues, coordinate
13247  appropriate state, regional, and local agency requirements,
13248  fully address any concerns of the local government, the regional
13249  planning council, and other reviewing agencies and the meeting
13250  of those concerns, if applicable, through development order
13251  conditions, and otherwise promote a proper, efficient, and
13252  timely review of the proposed Florida Quality Development. The
13253  department shall take the lead in coordinating the review
13254  process.
13255         Section 260. Subsections (2) and (6) of section 380.0677,
13256  Florida Statutes, are amended to read:
13257         380.0677 Green Swamp Land Authority.—
13258         (2) MISSION.—The mission of the Green Swamp Land Authority
13259  shall be to balance the protection of the ecological values of
13260  the Green Swamp Area of Critical State Concern with the
13261  protection of private property rights and the interests of
13262  taxpayers through the acquisition of lands, or rights or
13263  interests in lands, from willing sellers within the Green Swamp
13264  Area of Critical State Concern. To that end, the authority is
13265  encouraged to coordinate with the Division of State Lands of the
13266  Department of Environmental Protection, the Florida Communities
13267  Trust Program within the Department of Environmental Protection
13268  Community Affairs, the Southwest Florida Water Management
13269  District, and the St. Johns River Water Management District to
13270  identify, select, and acquire less-than-fee-simple interests or
13271  rights in parcels within the Green Swamp Area of Critical State
13272  Concern, as part of overall land acquisition efforts by the
13273  state and the districts. When the Department of Environmental
13274  Protection and the water management districts are planning to
13275  acquire parcels within the Green Swamp Area of Critical State
13276  Concern, they shall consider acquiring such parcels using
13277  alternatives to fee simple techniques in consultation with the
13278  land authority.
13279         (6) APPROPRIATIONS.—From funds appropriated to the
13280  Department of Environmental Protection for land acquisition from
13281  the Conservation and Recreation Lands Trust Fund for fiscal
13282  years 1994-1995, 1995-1996, and 1996-1997, $4 million shall be
13283  reserved each fiscal year to carry out the purposes of this
13284  section. To the extent practicable, moneys appropriated from the
13285  Conservation and Recreation Lands Trust Fund, Save Our Rivers
13286  Trust Fund, and Florida Communities Trust Fund shall be used to
13287  acquire lands, or interests or rights in lands, on the
13288  Conservation and Recreation Lands, Save Our Rivers, or Florida
13289  Communities Trust land acquisition plans or lists, as defined in
13290  s. 259.035, or a land acquisition plan under s. 373.59 or s.
13291  380.508. However, nothing in this subsection prohibits the Green
13292  Swamp Land Authority from entering into land protection
13293  agreements with any property owner whose property is not on any
13294  of such lists. From sums appropriated to the Department of
13295  Environmental Protection from the Water Management District
13296  Lands Trust Fund for fiscal years 1994-1995, 1995-1996, and
13297  1996-1997, $3 million shall be reserved each fiscal year to
13298  carry out the purposes of this section. Such amounts as are used
13299  from the Water Management District Lands Trust Fund shall be
13300  credited against the allocations as provided in s. 373.59 to the
13301  St. Johns River Water Management District or the Southwest
13302  Florida Water Management District in proportion to the amount of
13303  lands for which an interest was acquired, and shall not be
13304  required by a district for debt service payments or land
13305  management purposes. From funds appropriated to the Department
13306  of Community Affairs for the Florida Communities Trust Program
13307  from the Preservation 2000 Trust Fund for fiscal years 1994-1995
13308  through 1999-2000, $3 million shall be reserved each fiscal year
13309  to carry out the purposes of this section. Appropriations
13310  identified pursuant to this subsection shall fund the
13311  acquisition of lands, or the interests or rights in lands, and
13312  related costs of acquisition. Such funds shall be available for
13313  expenditure after the land authority has adopted rules to begin
13314  its program. Funds reserved pursuant to this subsection, for
13315  each of the referenced fiscal years, shall remain available for
13316  the purposes specified in this subsection for 24 months from the
13317  date on which such funds become available for disbursement.
13318  After such time has elapsed, any funds which are not legally
13319  obligated for expenditure shall be released for the lawful
13320  purposes for which they were otherwise appropriated.
13321         Section 261. Section 380.285, Florida Statutes, is amended
13322  to read:
13323         380.285 Lighthouses; study; preservation; funding.—The
13324  Department of Community Affairs and the Division of Historical
13325  Resources of the Department of State shall undertake a study of
13326  the lighthouses in the state. The study must determine the
13327  location, ownership, condition, and historical significance of
13328  all lighthouses in the state and ensure that all historically
13329  significant lighthouses are nominated for inclusion on the
13330  National Register of Historic Places. The study must assess the
13331  condition and restoration needs of historic lighthouses and
13332  develop plans for appropriate future public access and use. The
13333  Division of Historical Resources shall take a leadership role in
13334  implementing plans to stabilize lighthouses and associated
13335  structures and to preserve and protect them from future
13336  deterioration. When possible, the lighthouses and associated
13337  buildings should be made available to the public for educational
13338  and recreational purposes. The Department of State shall request
13339  in its annual legislative budget requests funding necessary to
13340  carry out the duties and responsibilities specified in this act.
13341  Funds for the rehabilitation of lighthouses should be allocated
13342  through matching grants-in-aid to state and local government
13343  agencies and to nonprofit organizations. The Department of
13344  Environmental Protection may assist the Division of Historical
13345  Resources in projects to accomplish the goals and activities
13346  described in this section.
13347         Section 262. Subsection (2) of section 380.503, Florida
13348  Statutes, is amended to read:
13349         380.503 Definitions.—As used in ss. 380.501-380.515, unless
13350  the context indicates a different meaning or intent:
13351         (2) “Department” means the Department of Environmental
13352  Protection Community Affairs.
13353         Section 263. Subsection (1) of section 380.504, Florida
13354  Statutes, is amended to read:
13355         380.504 Florida Communities Trust; creation; membership;
13356  expenses.—
13357         (1) There is created within the Department of Environmental
13358  Protection the Department of Community Affairs a nonregulatory
13359  state agency and instrumentality, which shall be a public body
13360  corporate and politic, known as the “Florida Communities Trust.”
13361  The governing body of the trust shall consist of:
13362         (a) The Secretary of Community Affairs and the Secretary of
13363  Environmental Protection; and
13364         (b) Four public members whom the Governor shall appoint
13365  subject to Senate confirmation.
13366  
13367  The Governor shall appoint a former elected official of a county
13368  government, a former elected official of a metropolitan
13369  municipal government, a representative of a nonprofit
13370  organization as defined in this part, and a representative of
13371  the development industry. The Secretary of Community Affairs may
13372  designate his or her assistant secretary or the director of the
13373  Division of Community Planning to serve in his or her absence.
13374  The Secretary of Environmental Protection may appoint his or her
13375  deputy secretary, the director of the Division of State Lands,
13376  or the director of the Division of Recreation and Parks to serve
13377  in his or her absence. The Secretary of Environmental Protection
13378  Secretary of Community Affairs shall be the chair of the
13379  governing body of the trust. The Governor shall make his or her
13380  appointments upon the expiration of any current terms or within
13381  60 days after the effective date of the resignation of any
13382  member.
13383         Section 264. Subsection (1) of section 380.5115, Florida
13384  Statutes, is amended to read:
13385         380.5115 Florida Forever Program Trust Fund of the
13386  Department of Environmental Protection Community Affairs.—
13387         (1) There is created a Florida Forever Program Trust Fund
13388  within the department of Community Affairs to further the
13389  purposes of this part as specified in s. 259.105(3)(c) and (j).
13390  The trust fund shall receive funds pursuant to s. 259.105(3)(c)
13391  and (j).
13392         Section 265. Paragraph (e) of subsection (1) of section
13393  381.0054, Florida Statutes, is amended to read:
13394         381.0054 Healthy lifestyles promotion.—
13395         (1) The Department of Health shall promote healthy
13396  lifestyles to reduce the prevalence of excess weight gain and
13397  obesity in Florida by implementing appropriate physical activity
13398  and nutrition programs that are directed towards all Floridians
13399  by:
13400         (e) Partnering with the Department of Education, school
13401  districts, and Enterprise Florida, Inc., the Florida Sports
13402  Foundation to develop a program that recognizes schools whose
13403  students demonstrate excellent physical fitness or fitness
13404  improvement.
13405         Section 266. Subsection (6) of section 381.0086, Florida
13406  Statutes, is amended to read:
13407         381.0086 Rules; variances; penalties.—
13408         (6) For the purposes of filing an interstate clearance
13409  order with the Department of Economic Opportunity Agency for
13410  Workforce Innovation, if the housing is covered by 20 C.F.R.
13411  part 654, subpart E, no permanent structural variance referred
13412  to in subsection (2) is allowed.
13413         Section 267. Paragraph (e) of subsection (2) and paragraph
13414  (b) of subsection (5) of section 381.0303, Florida Statutes, are
13415  amended to read:
13416         381.0303 Special needs shelters.—
13417         (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
13418  ASSISTANCE.—If funds have been appropriated to support disaster
13419  coordinator positions in county health departments:
13420         (e) The Secretary of Elderly Affairs, or his or her
13421  designee, shall convene, at any time that he or she deems
13422  appropriate and necessary, a multiagency special needs shelter
13423  discharge planning team to assist local areas that are severely
13424  impacted by a natural or manmade disaster that requires the use
13425  of special needs shelters. Multiagency special needs shelter
13426  discharge planning teams shall provide assistance to local
13427  emergency management agencies with the continued operation or
13428  closure of the shelters, as well as with the discharge of
13429  special needs clients to alternate facilities if necessary.
13430  Local emergency management agencies may request the assistance
13431  of a multiagency special needs shelter discharge planning team
13432  by alerting statewide emergency management officials of the
13433  necessity for additional assistance in their area. The Secretary
13434  of Elderly Affairs is encouraged to proactively work with other
13435  state agencies prior to any natural disasters for which warnings
13436  are provided to ensure that multiagency special needs shelter
13437  discharge planning teams are ready to assemble and deploy
13438  rapidly upon a determination by state emergency management
13439  officials that a disaster area requires additional assistance.
13440  The Secretary of Elderly Affairs may call upon any state agency
13441  or office to provide staff to assist a multiagency special needs
13442  shelter discharge planning team. Unless the secretary determines
13443  that the nature or circumstances surrounding the disaster do not
13444  warrant participation from a particular agency’s staff, each
13445  multiagency special needs shelter discharge planning team shall
13446  include at least one representative from each of the following
13447  state agencies:
13448         1. Department of Elderly Affairs.
13449         2. Department of Health.
13450         3. Department of Children and Family Services.
13451         4. Department of Veterans’ Affairs.
13452         5. Division of Emergency Management Department of Community
13453  Affairs.
13454         6. Agency for Health Care Administration.
13455         7. Agency for Persons with Disabilities.
13456         (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.—The State
13457  Surgeon General may establish a special needs shelter
13458  interagency committee and serve as, or appoint a designee to
13459  serve as, the committee’s chair. The department shall provide
13460  any necessary staff and resources to support the committee in
13461  the performance of its duties. The committee shall address and
13462  resolve problems related to special needs shelters not addressed
13463  in the state comprehensive emergency medical plan and shall
13464  consult on the planning and operation of special needs shelters.
13465         (b) The special needs shelter interagency committee shall
13466  be composed of representatives of emergency management, health,
13467  medical, and social services organizations. Membership shall
13468  include, but shall not be limited to, representatives of the
13469  Departments of Health, Community Affairs, Children and Family
13470  Services, Elderly Affairs, and Education; the Agency for Health
13471  Care Administration; the Division of Emergency Management; the
13472  Florida Medical Association; the Florida Osteopathic Medical
13473  Association; Associated Home Health Industries of Florida, Inc.;
13474  the Florida Nurses Association; the Florida Health Care
13475  Association; the Florida Assisted Living Affiliation; the
13476  Florida Hospital Association; the Florida Statutory Teaching
13477  Hospital Council; the Florida Association of Homes for the
13478  Aging; the Florida Emergency Preparedness Association; the
13479  American Red Cross; Florida Hospices and Palliative Care, Inc.;
13480  the Association of Community Hospitals and Health Systems; the
13481  Florida Association of Health Maintenance Organizations; the
13482  Florida League of Health Systems; the Private Care Association;
13483  the Salvation Army; the Florida Association of Aging Services
13484  Providers; the AARP; and the Florida Renal Coalition.
13485         Section 268. Subsection (3) of section 381.7354, Florida
13486  Statutes, is amended to read:
13487         381.7354 Eligibility.—
13488         (3) In addition to the grants awarded under subsections (1)
13489  and (2), up to 20 percent of the funding for the Reducing Racial
13490  and Ethnic Health Disparities: Closing the Gap grant program
13491  shall be dedicated to projects that address improving racial and
13492  ethnic health status within specific Front Porch Florida
13493  Communities, as designated pursuant to s. 20.18(6).
13494         Section 269. Paragraph (b) of subsection (1) and subsection
13495  (2) of section 383.14, Florida Statutes, are amended to read:
13496         383.14 Screening for metabolic disorders, other hereditary
13497  and congenital disorders, and environmental risk factors.—
13498         (1) SCREENING REQUIREMENTS.—To help ensure access to the
13499  maternal and child health care system, the Department of Health
13500  shall promote the screening of all newborns born in Florida for
13501  metabolic, hereditary, and congenital disorders known to result
13502  in significant impairment of health or intellect, as screening
13503  programs accepted by current medical practice become available
13504  and practical in the judgment of the department. The department
13505  shall also promote the identification and screening of all
13506  newborns in this state and their families for environmental risk
13507  factors such as low income, poor education, maternal and family
13508  stress, emotional instability, substance abuse, and other high
13509  risk conditions associated with increased risk of infant
13510  mortality and morbidity to provide early intervention,
13511  remediation, and prevention services, including, but not limited
13512  to, parent support and training programs, home visitation, and
13513  case management. Identification, perinatal screening, and
13514  intervention efforts shall begin prior to and immediately
13515  following the birth of the child by the attending health care
13516  provider. Such efforts shall be conducted in hospitals,
13517  perinatal centers, county health departments, school health
13518  programs that provide prenatal care, and birthing centers, and
13519  reported to the Office of Vital Statistics.
13520         (b) Postnatal screening.—A risk factor analysis using the
13521  department’s designated risk assessment instrument shall also be
13522  conducted as part of the medical screening process upon the
13523  birth of a child and submitted to the department’s Office of
13524  Vital Statistics for recording and other purposes provided for
13525  in this chapter. The department’s screening process for risk
13526  assessment shall include a scoring mechanism and procedures that
13527  establish thresholds for notification, further assessment,
13528  referral, and eligibility for services by professionals or
13529  paraprofessionals consistent with the level of risk. Procedures
13530  for developing and using the screening instrument, notification,
13531  referral, and care coordination services, reporting
13532  requirements, management information, and maintenance of a
13533  computer-driven registry in the Office of Vital Statistics which
13534  ensures privacy safeguards must be consistent with the
13535  provisions and plans established under chapter 411, Pub. L. No.
13536  99-457, and this chapter. Procedures established for reporting
13537  information and maintaining a confidential registry must include
13538  a mechanism for a centralized information depository at the
13539  state and county levels. The department shall coordinate with
13540  existing risk assessment systems and information registries. The
13541  department must ensure, to the maximum extent possible, that the
13542  screening information registry is integrated with the
13543  department’s automated data systems, including the Florida On
13544  line Recipient Integrated Data Access (FLORIDA) system. Tests
13545  and screenings must be performed by the State Public Health
13546  Laboratory, in coordination with Children’s Medical Services, at
13547  such times and in such manner as is prescribed by the department
13548  after consultation with the Genetics and Newborn Infant
13549  Screening Advisory Council and the Office of Early Learning
13550  Agency for Workforce Innovation.
13551         (2) RULES.—After consultation with the Genetics and Newborn
13552  Screening Advisory Council, the department shall adopt and
13553  enforce rules requiring that every newborn in this state shall,
13554  prior to becoming 1 week of age, be subjected to a test for
13555  phenylketonuria and, at the appropriate age, be tested for such
13556  other metabolic diseases and hereditary or congenital disorders
13557  as the department may deem necessary from time to time. After
13558  consultation with the Office of Early Learning Agency for
13559  Workforce Innovation, the department shall also adopt and
13560  enforce rules requiring every newborn in this state to be
13561  screened for environmental risk factors that place children and
13562  their families at risk for increased morbidity, mortality, and
13563  other negative outcomes. The department shall adopt such
13564  additional rules as are found necessary for the administration
13565  of this section and s. 383.145, including rules providing
13566  definitions of terms, rules relating to the methods used and
13567  time or times for testing as accepted medical practice
13568  indicates, rules relating to charging and collecting fees for
13569  the administration of the newborn screening program authorized
13570  by this section, rules for processing requests and releasing
13571  test and screening results, and rules requiring mandatory
13572  reporting of the results of tests and screenings for these
13573  conditions to the department.
13574         Section 270. Subsection (8) of section 393.067, Florida
13575  Statutes, is amended to read:
13576         393.067 Facility licensure.—
13577         (8) The agency, after consultation with the Division of
13578  Emergency Management Department of Community Affairs, shall
13579  adopt rules for foster care facilities, group home facilities,
13580  and residential habilitation centers which establish minimum
13581  standards for the preparation and annual update of a
13582  comprehensive emergency management plan. At a minimum, the rules
13583  must provide for plan components that address emergency
13584  evacuation transportation; adequate sheltering arrangements;
13585  postdisaster activities, including emergency power, food, and
13586  water; postdisaster transportation; supplies; staffing;
13587  emergency equipment; individual identification of residents and
13588  transfer of records; and responding to family inquiries. The
13589  comprehensive emergency management plan for all comprehensive
13590  transitional education programs and for homes serving
13591  individuals who have complex medical conditions is subject to
13592  review and approval by the local emergency management agency.
13593  During its review, the local emergency management agency shall
13594  ensure that the agency and the Division of Emergency Management
13595  Department of Community Affairs, at a minimum, are given the
13596  opportunity to review the plan. Also, appropriate volunteer
13597  organizations must be given the opportunity to review the plan.
13598  The local emergency management agency shall complete its review
13599  within 60 days and either approve the plan or advise the
13600  facility of necessary revisions.
13601         Section 271. Paragraph (c) of subsection (1) of section
13602  395.1055, Florida Statutes, is amended to read:
13603         395.1055 Rules and enforcement.—
13604         (1) The agency shall adopt rules pursuant to ss. 120.536(1)
13605  and 120.54 to implement the provisions of this part, which shall
13606  include reasonable and fair minimum standards for ensuring that:
13607         (c) A comprehensive emergency management plan is prepared
13608  and updated annually. Such standards must be included in the
13609  rules adopted by the agency after consulting with the Division
13610  of Emergency Management Department of Community Affairs. At a
13611  minimum, the rules must provide for plan components that address
13612  emergency evacuation transportation; adequate sheltering
13613  arrangements; postdisaster activities, including emergency
13614  power, food, and water; postdisaster transportation; supplies;
13615  staffing; emergency equipment; individual identification of
13616  residents and transfer of records, and responding to family
13617  inquiries. The comprehensive emergency management plan is
13618  subject to review and approval by the local emergency management
13619  agency. During its review, the local emergency management agency
13620  shall ensure that the following agencies, at a minimum, are
13621  given the opportunity to review the plan: the Department of
13622  Elderly Affairs, the Department of Health, the Agency for Health
13623  Care Administration, and the Division of Emergency Management
13624  Department of Community Affairs. Also, appropriate volunteer
13625  organizations must be given the opportunity to review the plan.
13626  The local emergency management agency shall complete its review
13627  within 60 days and either approve the plan or advise the
13628  facility of necessary revisions.
13629         Section 272. Paragraph (a) of subsection (1) of section
13630  395.1056, Florida Statutes, is amended to read:
13631         395.1056 Plan components addressing a hospital’s response
13632  to terrorism; public records exemption; public meetings
13633  exemption.—
13634         (1)(a) Those portions of a comprehensive emergency
13635  management plan that address the response of a public or private
13636  hospital to an act of terrorism as defined by s. 775.30 held by
13637  the agency, a state or local law enforcement agency, a county or
13638  municipal emergency management agency, the Executive Office of
13639  the Governor, the Department of Health, or the Division of
13640  Emergency Management Department of Community Affairs are
13641  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
13642  of the State Constitution.
13643         Section 273. Paragraph (c) of subsection (14) of section
13644  397.321, Florida Statutes, is amended to read:
13645         397.321 Duties of the department.—The department shall:
13646         (14) In cooperation with service providers, foster and
13647  actively seek additional funding to enhance resources for
13648  prevention, intervention, clinical treatment, and recovery
13649  support services, including, but not limited to, the development
13650  of partnerships with:
13651         (c) State agencies, including, but not limited to, the
13652  Department of Corrections, the Department of Education, the
13653  Department of Juvenile Justice, the Department of Community
13654  Affairs, the Department of Elderly Affairs, the Department of
13655  Health, the Department of Financial Services, and the Agency for
13656  Health Care Administration.
13657         Section 274. Subsection (1) of section 397.801, Florida
13658  Statutes, is amended to read:
13659         397.801 Substance abuse impairment coordination.—
13660         (1) The Department of Children and Family Services, the
13661  Department of Education, the Department of Corrections, the
13662  Department of Community Affairs, and the Department of Law
13663  Enforcement each shall appoint a policy level staff person to
13664  serve as the agency substance abuse impairment coordinator. The
13665  responsibilities of the agency coordinator include interagency
13666  and intraagency coordination, collection and dissemination of
13667  agency-specific data relating to substance abuse impairment, and
13668  participation in the development of the state comprehensive plan
13669  for substance abuse impairment.
13670         Section 275. Paragraph (g) of subsection (2) of section
13671  400.23, Florida Statutes, is amended to read:
13672         400.23 Rules; evaluation and deficiencies; licensure
13673  status.—
13674         (2) Pursuant to the intention of the Legislature, the
13675  agency, in consultation with the Department of Health and the
13676  Department of Elderly Affairs, shall adopt and enforce rules to
13677  implement this part and part II of chapter 408, which shall
13678  include reasonable and fair criteria in relation to:
13679         (g) The preparation and annual update of a comprehensive
13680  emergency management plan. The agency shall adopt rules
13681  establishing minimum criteria for the plan after consultation
13682  with the Division of Emergency Management Department of
13683  Community Affairs. At a minimum, the rules must provide for plan
13684  components that address emergency evacuation transportation;
13685  adequate sheltering arrangements; postdisaster activities,
13686  including emergency power, food, and water; postdisaster
13687  transportation; supplies; staffing; emergency equipment;
13688  individual identification of residents and transfer of records;
13689  and responding to family inquiries. The comprehensive emergency
13690  management plan is subject to review and approval by the local
13691  emergency management agency. During its review, the local
13692  emergency management agency shall ensure that the following
13693  agencies, at a minimum, are given the opportunity to review the
13694  plan: the Department of Elderly Affairs, the Department of
13695  Health, the Agency for Health Care Administration, and the
13696  Division of Emergency Management Department of Community
13697  Affairs. Also, appropriate volunteer organizations must be given
13698  the opportunity to review the plan. The local emergency
13699  management agency shall complete its review within 60 days and
13700  either approve the plan or advise the facility of necessary
13701  revisions.
13702         Section 276. Paragraph (a) of subsection (10) of section
13703  400.497, Florida Statutes, is amended to read:
13704         400.497 Rules establishing minimum standards.—The agency
13705  shall adopt, publish, and enforce rules to implement part II of
13706  chapter 408 and this part, including, as applicable, ss. 400.506
13707  and 400.509, which must provide reasonable and fair minimum
13708  standards relating to:
13709         (10) Preparation of a comprehensive emergency management
13710  plan pursuant to s. 400.492.
13711         (a) The Agency for Health Care Administration shall adopt
13712  rules establishing minimum criteria for the plan and plan
13713  updates, with the concurrence of the Department of Health and in
13714  consultation with the Division of Emergency Management
13715  Department of Community Affairs.
13716         Section 277. Paragraph (f) of subsection (12) of section
13717  400.506, Florida Statutes, is amended to read:
13718         400.506 Licensure of nurse registries; requirements;
13719  penalties.—
13720         (12) Each nurse registry shall prepare and maintain a
13721  comprehensive emergency management plan that is consistent with
13722  the criteria in this subsection and with the local special needs
13723  plan. The plan shall be updated annually. The plan shall include
13724  the means by which the nurse registry will continue to provide
13725  the same type and quantity of services to its patients who
13726  evacuate to special needs shelters which were being provided to
13727  those patients prior to evacuation. The plan shall specify how
13728  the nurse registry shall facilitate the provision of continuous
13729  care by persons referred for contract to persons who are
13730  registered pursuant to s. 252.355 during an emergency that
13731  interrupts the provision of care or services in private
13732  residences. Nurse registries may establish links to local
13733  emergency operations centers to determine a mechanism by which
13734  to approach specific areas within a disaster area in order for a
13735  provider to reach its clients. Nurse registries shall
13736  demonstrate a good faith effort to comply with the requirements
13737  of this subsection by documenting attempts of staff to follow
13738  procedures outlined in the nurse registry’s comprehensive
13739  emergency management plan which support a finding that the
13740  provision of continuing care has been attempted for patients
13741  identified as needing care by the nurse registry and registered
13742  under s. 252.355 in the event of an emergency under this
13743  subsection.
13744         (f) The Agency for Health Care Administration shall adopt
13745  rules establishing minimum criteria for the comprehensive
13746  emergency management plan and plan updates required by this
13747  subsection, with the concurrence of the Department of Health and
13748  in consultation with the Division of Emergency Management
13749  Department of Community Affairs.
13750         Section 278. Paragraph (h) of subsection (1) of section
13751  400.605, Florida Statutes, is amended to read:
13752         400.605 Administration; forms; fees; rules; inspections;
13753  fines.—
13754         (1) The agency, in consultation with the department, may
13755  adopt rules to administer the requirements of part II of chapter
13756  408. The department, in consultation with the agency, shall by
13757  rule establish minimum standards and procedures for a hospice
13758  pursuant to this part. The rules must include:
13759         (h) Components of a comprehensive emergency management
13760  plan, developed in consultation with the Department of Health,
13761  the Department of Elderly Affairs, and the Division of Emergency
13762  Management Department of Community Affairs.
13763         Section 279. Subsection (9) of section 400.935, Florida
13764  Statutes, is amended to read:
13765         400.935 Rules establishing minimum standards.—The agency
13766  shall adopt, publish, and enforce rules to implement this part
13767  and part II of chapter 408, which must provide reasonable and
13768  fair minimum standards relating to:
13769         (9) Preparation of the comprehensive emergency management
13770  plan under s. 400.934 and the establishment of minimum criteria
13771  for the plan, including the maintenance of patient equipment and
13772  supply lists that can accompany patients who are transported
13773  from their homes. Such rules shall be formulated in consultation
13774  with the Department of Health and the Division of Emergency
13775  Management Department of Community Affairs.
13776         Section 280. Paragraph (g) of subsection (2) of section
13777  400.967, Florida Statutes, is amended to read:
13778         400.967 Rules and classification of deficiencies.—
13779         (2) Pursuant to the intention of the Legislature, the
13780  agency, in consultation with the Agency for Persons with
13781  Disabilities and the Department of Elderly Affairs, shall adopt
13782  and enforce rules to administer this part and part II of chapter
13783  408, which shall include reasonable and fair criteria governing:
13784         (g) The preparation and annual update of a comprehensive
13785  emergency management plan. The agency shall adopt rules
13786  establishing minimum criteria for the plan after consultation
13787  with the Division of Emergency Management Department of
13788  Community Affairs. At a minimum, the rules must provide for plan
13789  components that address emergency evacuation transportation;
13790  adequate sheltering arrangements; postdisaster activities,
13791  including emergency power, food, and water; postdisaster
13792  transportation; supplies; staffing; emergency equipment;
13793  individual identification of residents and transfer of records;
13794  and responding to family inquiries. The comprehensive emergency
13795  management plan is subject to review and approval by the local
13796  emergency management agency. During its review, the local
13797  emergency management agency shall ensure that the following
13798  agencies, at a minimum, are given the opportunity to review the
13799  plan: the Department of Elderly Affairs, the Agency for Persons
13800  with Disabilities, the Agency for Health Care Administration,
13801  and the Division of Emergency Management Department of Community
13802  Affairs. Also, appropriate volunteer organizations must be given
13803  the opportunity to review the plan. The local emergency
13804  management agency shall complete its review within 60 days and
13805  either approve the plan or advise the facility of necessary
13806  revisions.
13807         Section 281. Paragraph (b) of subsection (2) of section
13808  401.245, Florida Statutes, is amended to read:
13809         401.245 Emergency Medical Services Advisory Council.—
13810         (2)
13811         (b) Representation on the Emergency Medical Services
13812  Advisory Council shall include: two licensed physicians who are
13813  “medical directors” as defined in s. 401.23(15) or whose medical
13814  practice is closely related to emergency medical services; two
13815  emergency medical service administrators, one of whom is
13816  employed by a fire service; two certified paramedics, one of
13817  whom is employed by a fire service; two certified emergency
13818  medical technicians, one of whom is employed by a fire service;
13819  one emergency medical services educator; one emergency nurse;
13820  one hospital administrator; one representative of air ambulance
13821  services; one representative of a commercial ambulance operator;
13822  and two laypersons who are in no way connected with emergency
13823  medical services, one of whom is a representative of the
13824  elderly. Ex officio members of the advisory council from state
13825  agencies shall include, but shall not be limited to,
13826  representatives from the Department of Education, the Department
13827  of Management Services, the State Fire Marshal, the Department
13828  of Highway Safety and Motor Vehicles, the Department of
13829  Transportation, and the Division of Emergency Management
13830  Department of Community Affairs.
13831         Section 282. Paragraph (b) of subsection (3) of section
13832  402.281, Florida Statutes, is amended to read:
13833         402.281 Gold Seal Quality Care program.—
13834         (3)
13835         (b) In approving accrediting associations, the department
13836  shall consult with the Department of Education, the Agency for
13837  Workforce Innovation, the Florida Head Start Directors
13838  Association, the Florida Association of Child Care Management,
13839  the Florida Family Day Care Association, the Florida Children’s
13840  Forum, the Early Childhood Association of Florida, the Child
13841  Development Education Alliance, providers receiving exemptions
13842  under s. 402.316, and parents.
13843         Section 283. Subsection (6) of section 402.45, Florida
13844  Statutes, is amended to read:
13845         402.45 Community resource mother or father program.—
13846         (6) Individuals under contract to provide community
13847  resource mother or father services shall participate in
13848  preservice and ongoing training as determined by the Department
13849  of Health in consultation with the Office of Early Learning
13850  Agency for Workforce Innovation. A community resource mother or
13851  father shall not be assigned a client caseload until all
13852  preservice training requirements are completed.
13853         Section 284. Paragraph (a) of subsection (4) of section
13854  402.56, Florida Statutes, is amended to read:
13855         402.56 Children’s cabinet; organization; responsibilities;
13856  annual report.—
13857         (4) MEMBERS.—The cabinet shall consist of 14 15 members
13858  including the Governor and the following persons:
13859         (a)1. The Secretary of Children and Family Services;
13860         2. The Secretary of Juvenile Justice;
13861         3. The director of the Agency for Persons with
13862  Disabilities;
13863         4. The director of the Division of Early Learning Agency
13864  for Workforce Innovation;
13865         5. The State Surgeon General;
13866         6. The Secretary of Health Care Administration;
13867         7. The Commissioner of Education;
13868         8. The director of the Statewide Guardian Ad Litem Office;
13869         9. The director of the Office of Child Abuse Prevention;
13870  and
13871         10. Five members representing children and youth advocacy
13872  organizations, who are not service providers and who are
13873  appointed by the Governor.
13874         Section 285. Subsection (5) of section 403.0752, Florida
13875  Statutes, is amended to read:
13876         403.0752 Ecosystem management agreements.—
13877         (5) The executive director of the Department of Economic
13878  Opportunity Secretary of Community Affairs, the Secretary of
13879  Transportation, the Commissioner of Agriculture, the Executive
13880  Director of the Fish and Wildlife Conservation Commission, and
13881  the executive directors of the water management districts are
13882  authorized to participate in the development of ecosystem
13883  management agreements with regulated entities and other
13884  governmental agencies as necessary to effectuate the provisions
13885  of this section. Local governments are encouraged to participate
13886  in ecosystem management agreements.
13887         Section 286. Paragraph (b) of subsection (3) of section
13888  403.42, Florida Statutes, is amended to read:
13889         403.42 Florida Clean Fuel Act.—
13890         (3) CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
13891  MEMBERSHIP; DUTIES AND RESPONSIBILITIES.—
13892         (b)1. The advisory board shall consist of the executive
13893  director of the Department of Economic Opportunity Secretary of
13894  Community Affairs, or a designee from that department, the
13895  Secretary of Environmental Protection, or a designee from that
13896  department, the Commissioner of Education, or a designee from
13897  that department, the Secretary of Transportation, or a designee
13898  from that department, the Commissioner of Agriculture, or a
13899  designee from that the department of Agriculture and Consumer
13900  Services, the Secretary of Management Services, or a designee
13901  from that department, and a representative of each of the
13902  following, who shall be appointed by the Secretary of
13903  Environmental Protection:
13904         a. The Florida biodiesel industry.
13905         b. The Florida electric utility industry.
13906         c. The Florida natural gas industry.
13907         d. The Florida propane gas industry.
13908         e. An automobile manufacturers’ association.
13909         f. A Florida Clean Cities Coalition designated by the
13910  United States Department of Energy.
13911         g. Enterprise Florida, Inc.
13912         h. EV Ready Broward.
13913         i. The Florida petroleum industry.
13914         j. The Florida League of Cities.
13915         k. The Florida Association of Counties.
13916         l. Floridians for Better Transportation.
13917         m. A motor vehicle manufacturer.
13918         n. Florida Local Environment Resource Agencies.
13919         o. Project for an Energy Efficient Florida.
13920         p. Florida Transportation Builders Association.
13921         2. The purpose of the advisory board is to serve as a
13922  resource for the department and to provide the Governor, the
13923  Legislature, and the Secretary of Environmental Protection with
13924  private sector and other public agency perspectives on achieving
13925  the goal of increasing the use of alternative fuel vehicles in
13926  this state.
13927         3. Members shall be appointed to serve terms of 1 year
13928  each, with reappointment at the discretion of the Secretary of
13929  Environmental Protection. Vacancies shall be filled for the
13930  remainder of the unexpired term in the same manner as the
13931  original appointment.
13932         4. The board shall annually select a chairperson.
13933         5.a. The board shall meet at least once each quarter or
13934  more often at the call of the chairperson or the Secretary of
13935  Environmental Protection.
13936         b. Meetings are exempt from the notice requirements of
13937  chapter 120, and sufficient notice shall be given to afford
13938  interested persons reasonable notice under the circumstances.
13939         6. Members of the board are entitled to travel expenses
13940  while engaged in the performance of board duties.
13941         7. The board shall terminate 5 years after the effective
13942  date of this act.
13943         Section 287. Paragraph (a) of subsection (2) of section
13944  403.507, Florida Statutes, is amended to read:
13945         403.507 Preliminary statements of issues, reports, project
13946  analyses, and studies.—
13947         (2)(a) No later than 100 days after the certification
13948  application has been determined complete, the following agencies
13949  shall prepare reports as provided below and shall submit them to
13950  the department and the applicant, unless a final order denying
13951  the determination of need has been issued under s. 403.519:
13952         1. The Department of Economic Opportunity Community Affairs
13953  shall prepare a report containing recommendations which address
13954  the impact upon the public of the proposed electrical power
13955  plant, based on the degree to which the electrical power plant
13956  is consistent with the applicable portions of the state
13957  comprehensive plan, emergency management, and other such matters
13958  within its jurisdiction. The Department of Economic Opportunity
13959  Community Affairs may also comment on the consistency of the
13960  proposed electrical power plant with applicable strategic
13961  regional policy plans or local comprehensive plans and land
13962  development regulations.
13963         2. The water management district shall prepare a report as
13964  to matters within its jurisdiction, including but not limited
13965  to, the impact of the proposed electrical power plant on water
13966  resources, regional water supply planning, and district-owned
13967  lands and works.
13968         3. Each local government in whose jurisdiction the proposed
13969  electrical power plant is to be located shall prepare a report
13970  as to the consistency of the proposed electrical power plant
13971  with all applicable local ordinances, regulations, standards, or
13972  criteria that apply to the proposed electrical power plant,
13973  including any applicable local environmental regulations adopted
13974  pursuant to s. 403.182 or by other means.
13975         4. The Fish and Wildlife Conservation Commission shall
13976  prepare a report as to matters within its jurisdiction.
13977         5. Each regional planning council shall prepare a report
13978  containing recommendations that address the impact upon the
13979  public of the proposed electrical power plant, based on the
13980  degree to which the electrical power plant is consistent with
13981  the applicable provisions of the strategic regional policy plan
13982  adopted pursuant to chapter 186 and other matters within its
13983  jurisdiction.
13984         6. The Department of Transportation shall address the
13985  impact of the proposed electrical power plant on matters within
13986  its jurisdiction.
13987         Section 288. Paragraph (a) of subsection (3) of section
13988  403.508, Florida Statutes, is amended to read:
13989         403.508 Land use and certification hearings, parties,
13990  participants.—
13991         (3)(a) Parties to the proceeding shall include:
13992         1. The applicant.
13993         2. The Public Service Commission.
13994         3. The Department of Economic Opportunity Community
13995  Affairs.
13996         4. The Fish and Wildlife Conservation Commission.
13997         5. The water management district.
13998         6. The department.
13999         7. The regional planning council.
14000         8. The local government.
14001         9. The Department of Transportation.
14002         Section 289. Paragraph (b) of subsection (2) of section
14003  403.524, Florida Statutes, is amended to read:
14004         403.524 Applicability; certification; exemptions.—
14005         (2) Except as provided in subsection (1), construction of a
14006  transmission line may not be undertaken without first obtaining
14007  certification under this act, but this act does not apply to:
14008         (b) Transmission lines that have been exempted by a binding
14009  letter of interpretation issued under s. 380.06(4), or in which
14010  the Department of Economic Opportunity Community Affairs or its
14011  predecessor agency has determined the utility to have vested
14012  development rights within the meaning of s. 380.05(18) or s.
14013  380.06(20).
14014         Section 290. Paragraph (a) of subsection (2) of section
14015  403.526, Florida Statutes, is amended to read:
14016         403.526 Preliminary statements of issues, reports, and
14017  project analyses; studies.—
14018         (2)(a) No later than 90 days after the filing of the
14019  application, the following agencies shall prepare reports as
14020  provided below, unless a final order denying the determination
14021  of need has been issued under s. 403.537:
14022         1. The department shall prepare a report as to the impact
14023  of each proposed transmission line or corridor as it relates to
14024  matters within its jurisdiction.
14025         2. Each water management district in the jurisdiction of
14026  which a proposed transmission line or corridor is to be located
14027  shall prepare a report as to the impact on water resources and
14028  other matters within its jurisdiction.
14029         3. The Department of Economic Opportunity Community Affairs
14030  shall prepare a report containing recommendations which address
14031  the impact upon the public of the proposed transmission line or
14032  corridor, based on the degree to which the proposed transmission
14033  line or corridor is consistent with the applicable portions of
14034  the state comprehensive plan, emergency management, and other
14035  matters within its jurisdiction. The Department of Economic
14036  Opportunity Community Affairs may also comment on the
14037  consistency of the proposed transmission line or corridor with
14038  applicable strategic regional policy plans or local
14039  comprehensive plans and land development regulations.
14040         4. The Fish and Wildlife Conservation Commission shall
14041  prepare a report as to the impact of each proposed transmission
14042  line or corridor on fish and wildlife resources and other
14043  matters within its jurisdiction.
14044         5. Each local government shall prepare a report as to the
14045  impact of each proposed transmission line or corridor on matters
14046  within its jurisdiction, including the consistency of the
14047  proposed transmission line or corridor with all applicable local
14048  ordinances, regulations, standards, or criteria that apply to
14049  the proposed transmission line or corridor, including local
14050  comprehensive plans, zoning regulations, land development
14051  regulations, and any applicable local environmental regulations
14052  adopted pursuant to s. 403.182 or by other means. A change by
14053  the responsible local government or local agency in local
14054  comprehensive plans, zoning ordinances, or other regulations
14055  made after the date required for the filing of the local
14056  government’s report required by this section is not applicable
14057  to the certification of the proposed transmission line or
14058  corridor unless the certification is denied or the application
14059  is withdrawn.
14060         6. Each regional planning council shall present a report
14061  containing recommendations that address the impact upon the
14062  public of the proposed transmission line or corridor based on
14063  the degree to which the transmission line or corridor is
14064  consistent with the applicable provisions of the strategic
14065  regional policy plan adopted under chapter 186 and other impacts
14066  of each proposed transmission line or corridor on matters within
14067  its jurisdiction.
14068         7. The Department of Transportation shall prepare a report
14069  as to the impact of the proposed transmission line or corridor
14070  on state roads, railroads, airports, aeronautics, seaports, and
14071  other matters within its jurisdiction.
14072         8. The commission shall prepare a report containing its
14073  determination under s. 403.537, and the report may include the
14074  comments from the commission with respect to any other subject
14075  within its jurisdiction.
14076         9. Any other agency, if requested by the department, shall
14077  also perform studies or prepare reports as to subjects within
14078  the jurisdiction of the agency which may potentially be affected
14079  by the proposed transmission line.
14080         Section 291. Paragraph (a) of subsection (2) of section
14081  403.527, Florida Statutes, is amended to read:
14082         403.527 Certification hearing, parties, participants.—
14083         (2)(a) Parties to the proceeding shall be:
14084         1. The applicant.
14085         2. The department.
14086         3. The commission.
14087         4. The Department of Economic Opportunity Community
14088  Affairs.
14089         5. The Fish and Wildlife Conservation Commission.
14090         6. The Department of Transportation.
14091         7. Each water management district in the jurisdiction of
14092  which the proposed transmission line or corridor is to be
14093  located.
14094         8. The local government.
14095         9. The regional planning council.
14096         Section 292. Subsection (1) of section 403.757, Florida
14097  Statutes, is amended to read:
14098         403.757 Coordination with other state agencies.—
14099         (1) The department shall coordinate its activities and
14100  functions under ss. 403.75-403.769 and s. 526.01, as amended by
14101  chapter 84-338, Laws of Florida, with the Department of Economic
14102  Opportunity Community Affairs and other state agencies to avoid
14103  duplication in reporting and information gathering.
14104         Section 293. Paragraph (m) of subsection (5) of section
14105  403.7032, Florida Statutes, is amended to read:
14106         403.7032 Recycling.—
14107         (5) The Department of Environmental Protection shall create
14108  the Recycling Business Assistance Center by December 1, 2010. In
14109  carrying out its duties under this subsection, the department
14110  shall consult with state agency personnel appointed to serve as
14111  economic development liaisons under s. 288.021 and seek
14112  technical assistance from Enterprise Florida, Inc., to ensure
14113  the Recycling Business Assistance Center is positioned to
14114  succeed. The purpose of the center shall be to serve as the
14115  mechanism for coordination among state agencies and the private
14116  sector in order to coordinate policy and overall strategic
14117  planning for developing new markets and expanding and enhancing
14118  existing markets for recyclable materials in this state, other
14119  states, and foreign countries. The duties of the center must
14120  include, at a minimum:
14121         (m) Coordinating with the Department of Economic
14122  Opportunity Agency for Workforce Innovation and its partners to
14123  provide job placement and job training services to job seekers
14124  through the state’s workforce services programs.
14125         Section 294. Paragraph (a) of subsection (2) of section
14126  403.941, Florida Statutes, is amended to read:
14127         403.941 Preliminary statements of issues, reports, and
14128  studies.—
14129         (2)(a) The affected agencies shall prepare reports as
14130  provided in this paragraph and shall submit them to the
14131  department and the applicant within 60 days after the
14132  application is determined sufficient:
14133         1. The department shall prepare a report as to the impact
14134  of each proposed natural gas transmission pipeline or corridor
14135  as it relates to matters within its jurisdiction.
14136         2. Each water management district in the jurisdiction of
14137  which a proposed natural gas transmission pipeline or corridor
14138  is to be located shall prepare a report as to the impact on
14139  water resources and other matters within its jurisdiction.
14140         3. The Department of Economic Opportunity Community Affairs
14141  shall prepare a report containing recommendations which address
14142  the impact upon the public of the proposed natural gas
14143  transmission pipeline or corridor, based on the degree to which
14144  the proposed natural gas transmission pipeline or corridor is
14145  consistent with the applicable portions of the state
14146  comprehensive plan and other matters within its jurisdiction.
14147  The Department of Economic Opportunity Community Affairs may
14148  also comment on the consistency of the proposed natural gas
14149  transmission pipeline or corridor with applicable strategic
14150  regional policy plans or local comprehensive plans and land
14151  development regulations.
14152         4. The Fish and Wildlife Conservation Commission shall
14153  prepare a report as to the impact of each proposed natural gas
14154  transmission pipeline or corridor on fish and wildlife resources
14155  and other matters within its jurisdiction.
14156         5. Each local government in which the natural gas
14157  transmission pipeline or natural gas transmission pipeline
14158  corridor will be located shall prepare a report as to the impact
14159  of each proposed natural gas transmission pipeline or corridor
14160  on matters within its jurisdiction, including the consistency of
14161  the proposed natural gas transmission pipeline or corridor with
14162  all applicable local ordinances, regulations, standards, or
14163  criteria that apply to the proposed natural gas transmission
14164  pipeline or corridor, including local comprehensive plans,
14165  zoning regulations, land development regulations, and any
14166  applicable local environmental regulations adopted pursuant to
14167  s. 403.182 or by other means. No change by the responsible local
14168  government or local agency in local comprehensive plans, zoning
14169  ordinances, or other regulations made after the date required
14170  for the filing of the local government’s report required by this
14171  section shall be applicable to the certification of the proposed
14172  natural gas transmission pipeline or corridor unless the
14173  certification is denied or the application is withdrawn.
14174         6. Each regional planning council in which the natural gas
14175  transmission pipeline or natural gas transmission pipeline
14176  corridor will be located shall present a report containing
14177  recommendations that address the impact upon the public of the
14178  proposed natural gas transmission pipeline or corridor, based on
14179  the degree to which the natural gas transmission pipeline or
14180  corridor is consistent with the applicable provisions of the
14181  strategic regional policy plan adopted pursuant to chapter 186
14182  and other impacts of each proposed natural gas transmission
14183  pipeline or corridor on matters within its jurisdiction.
14184         7. The Department of Transportation shall prepare a report
14185  on the effect of the natural gas transmission pipeline or
14186  natural gas transmission pipeline corridor on matters within its
14187  jurisdiction, including roadway crossings by the pipeline. The
14188  report shall contain at a minimum:
14189         a. A report by the applicant to the department stating that
14190  all requirements of the department’s utilities accommodation
14191  guide have been or will be met in regard to the proposed
14192  pipeline or pipeline corridor; and
14193         b. A statement by the department as to the adequacy of the
14194  report to the department by the applicant.
14195         8. The Department of State, Division of Historical
14196  Resources, shall prepare a report on the impact of the natural
14197  gas transmission pipeline or natural gas transmission pipeline
14198  corridor on matters within its jurisdiction.
14199         9. The commission shall prepare a report addressing matters
14200  within its jurisdiction. The commission’s report shall include
14201  its determination of need issued pursuant to s. 403.9422.
14202         Section 295. Paragraph (a) of subsection (4) of section
14203  403.9411, Florida Statutes, is amended to read:
14204         403.9411 Notice; proceedings; parties and participants.—
14205         (4)(a) Parties to the proceeding shall be:
14206         1. The applicant.
14207         2. The department.
14208         3. The commission.
14209         4. The Department of Economic Opportunity Community
14210  Affairs.
14211         5. The Fish and Wildlife Conservation Commission.
14212         6. Each water management district in the jurisdiction of
14213  which the proposed natural gas transmission pipeline or corridor
14214  is to be located.
14215         7. The local government.
14216         8. The regional planning council.
14217         9. The Department of Transportation.
14218         10. The Department of State, Division of Historical
14219  Resources.
14220         Section 296. Paragraphs (c), (d), and (e) of subsection
14221  (2), paragraphs (b) and (c) of subsection (3), and subsections
14222  (4), (15), (17), and (18) of section 403.973, Florida Statutes,
14223  are amended to read:
14224         403.973 Expedited permitting; amendments to comprehensive
14225  plans.—
14226         (2) As used in this section, the term:
14227         (c) “Office” means the Office of Tourism, Trade, and
14228  Economic Development.
14229         (c)(d) “Permit applications” means state permits and
14230  licenses, and at the option of a participating local government,
14231  local development permits or orders.
14232         (d)(e) “Secretary” means the Secretary of Environmental
14233  Protection or his or her designee.
14234         (3)
14235         (b) On a case-by-case basis and at the request of a county
14236  or municipal government, the Department of Economic Opportunity
14237  office may certify as eligible for expedited review a project
14238  not meeting the minimum job creation thresholds but creating a
14239  minimum of 10 jobs. The recommendation from the governing body
14240  of the county or municipality in which the project may be
14241  located is required in order for the Department of Economic
14242  Opportunity office to certify that any project is eligible for
14243  expedited review under this paragraph. When considering projects
14244  that do not meet the minimum job creation thresholds but that
14245  are recommended by the governing body in which the project may
14246  be located, the Department of Economic Opportunity office shall
14247  consider economic impact factors that include, but are not
14248  limited to:
14249         1. The proposed wage and skill levels relative to those
14250  existing in the area in which the project may be located;
14251         2. The project’s potential to diversify and strengthen the
14252  area’s economy;
14253         3. The amount of capital investment; and
14254         4. The number of jobs that will be made available for
14255  persons served by the welfare transition program.
14256         (c) At the request of a county or municipal government, the
14257  Department of Economic Opportunity office or a Quick Permitting
14258  County may certify projects located in counties where the ratio
14259  of new jobs per participant in the welfare transition program,
14260  as determined by Workforce Florida, Inc., is less than one or
14261  otherwise critical, as eligible for the expedited permitting
14262  process. Such projects must meet the numerical job creation
14263  criteria of this subsection, but the jobs created by the project
14264  do not have to be high-wage jobs that diversify the state’s
14265  economy.
14266         (4) The regional teams shall be established through the
14267  execution of memoranda of agreement developed by the applicant
14268  and the secretary, with input solicited from the Department of
14269  Economic Opportunity office and the respective heads of the
14270  Department of Community Affairs, the Department of
14271  Transportation and its district offices, the Department of
14272  Agriculture and Consumer Services, the Fish and Wildlife
14273  Conservation Commission, appropriate regional planning councils,
14274  appropriate water management districts, and voluntarily
14275  participating municipalities and counties. The memoranda of
14276  agreement should also accommodate participation in this
14277  expedited process by other local governments and federal
14278  agencies as circumstances warrant.
14279         (15) The Department of Economic Opportunity office, working
14280  with the agencies providing cooperative assistance and input
14281  regarding the memoranda of agreement, shall review sites
14282  proposed for the location of facilities eligible for the
14283  Innovation Incentive Program under s. 288.1089. Within 20 days
14284  after the request for the review by the Department of Economic
14285  Opportunity office, the agencies shall provide to the Department
14286  of Economic Opportunity office a statement as to each site’s
14287  necessary permits under local, state, and federal law and an
14288  identification of significant permitting issues, which if
14289  unresolved, may result in the denial of an agency permit or
14290  approval or any significant delay caused by the permitting
14291  process.
14292         (17) The Department of Economic Opportunity office shall be
14293  responsible for certifying a business as eligible for undergoing
14294  expedited review under this section. Enterprise Florida, Inc., a
14295  county or municipal government, or the Rural Economic
14296  Development Initiative may recommend to the Department of
14297  Economic Opportunity Office of Tourism, Trade, and Economic
14298  Development that a project meeting the minimum job creation
14299  threshold undergo expedited review.
14300         (18) The Department of Economic Opportunity office, working
14301  with the Rural Economic Development Initiative and the agencies
14302  participating in the memoranda of agreement, shall provide
14303  technical assistance in preparing permit applications and local
14304  comprehensive plan amendments for counties having a population
14305  of fewer than 75,000 residents, or counties having fewer than
14306  125,000 residents which are contiguous to counties having fewer
14307  than 75,000 residents. Additional assistance may include, but
14308  not be limited to, guidance in land development regulations and
14309  permitting processes, working cooperatively with state,
14310  regional, and local entities to identify areas within these
14311  counties which may be suitable or adaptable for preclearance
14312  review of specified types of land uses and other activities
14313  requiring permits.
14314         Section 297. Subsection (4) of section 404.056, Florida
14315  Statutes, is amended to read:
14316         404.056 Environmental radiation standards and projects;
14317  certification of persons performing measurement or mitigation
14318  services; mandatory testing; notification on real estate
14319  documents; rules.—
14320         (4) MANDATORY TESTING.—All public and private school
14321  buildings or school sites housing students in kindergarten
14322  through grade 12; all state-owned, state-operated, state
14323  regulated, or state-licensed 24-hour care facilities; and all
14324  state-licensed day care centers for children or minors which are
14325  located in counties designated within the Department of Business
14326  and Professional Regulation’s Community Affairs’ Florida Radon
14327  Protection Map Categories as “Intermediate” or “Elevated Radon
14328  Potential” shall be measured to determine the level of indoor
14329  radon, using measurement procedures established by the
14330  department. Initial measurements shall be conducted in 20
14331  percent of the habitable first floor spaces within any of the
14332  regulated buildings and shall be completed and reported to the
14333  department within 1 year after the date the building is opened
14334  for occupancy or within 1 year after license approval for the
14335  entity residing in the existing building. Followup testing must
14336  be completed in 5 percent of the habitable first floor spaces
14337  within any of the regulated buildings after the building has
14338  been occupied for 5 years, and results must be reported to the
14339  department by the first day of the 6th year of occupancy. After
14340  radon measurements have been made twice, regulated buildings
14341  need not undergo further testing unless significant structural
14342  changes occur. No funds collected pursuant to s. 553.721 shall
14343  be used to carry out the provisions of this subsection.
14344         Section 298. Paragraph (d) of subsection (4) of section
14345  404.0617, Florida Statutes, is amended to read:
14346         404.0617 Siting of commercial low-level radioactive waste
14347  management facilities.—
14348         (4) The Governor and Cabinet shall consider the following
14349  when determining whether to grant a petition for a variance from
14350  local ordinances, regulations, or plans:
14351         (d) Such studies, reports, and information as the Governor
14352  and Cabinet may request of the Department of Economic
14353  Opportunity Community Affairs addressing whether or not the
14354  proposed facility unreasonably interferes with the achievement
14355  of the goals and objectives of any adopted state or local
14356  comprehensive plan and any other matter within its jurisdiction.
14357         Section 299. Paragraph (a) of subsection (3) of section
14358  409.017, Florida Statutes, is amended to read:
14359         409.017 Revenue Maximization Act; legislative intent;
14360  revenue maximization program.—
14361         (3) REVENUE MAXIMIZATION PROGRAM.—
14362         (a) For purposes of this section, the term “agency” means
14363  any state agency or department that is involved in providing
14364  health, social, or human services, including, but not limited
14365  to, the Agency for Health Care Administration, the Agency for
14366  Workforce Innovation, the Department of Children and Family
14367  Services, the Department of Elderly Affairs, the Department of
14368  Juvenile Justice, the Department of Education, and the State
14369  Board of Education.
14370         Section 300. Paragraph (c) of subsection (7) of section
14371  409.1451, Florida Statutes, is amended to read:
14372         409.1451 Independent living transition services.—
14373         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
14374  Secretary of Children and Family Services shall establish the
14375  Independent Living Services Advisory Council for the purpose of
14376  reviewing and making recommendations concerning the
14377  implementation and operation of the independent living
14378  transition services. This advisory council shall continue to
14379  function as specified in this subsection until the Legislature
14380  determines that the advisory council can no longer provide a
14381  valuable contribution to the department’s efforts to achieve the
14382  goals of the independent living transition services.
14383         (c) Members of the advisory council shall be appointed by
14384  the secretary of the department. The membership of the advisory
14385  council must include, at a minimum, representatives from the
14386  headquarters and district offices of the Department of Children
14387  and Family Services, community-based care lead agencies, the
14388  Agency for Workforce Innovation, the Department of Education,
14389  the Agency for Health Care Administration, the State Youth
14390  Advisory Board, Workforce Florida, Inc., the Statewide Guardian
14391  Ad Litem Office, foster parents, recipients of Road-to
14392  Independence Program funding, and advocates for foster children.
14393  The secretary shall determine the length of the term to be
14394  served by each member appointed to the advisory council, which
14395  may not exceed 4 years.
14396         Section 301. Subsection (1), paragraph (b) of subsection
14397  (3), and subsection (8) of section 409.2576, Florida Statutes,
14398  are amended to read:
14399         409.2576 State Directory of New Hires.—
14400         (1) DIRECTORY CREATED.—The State Directory of New Hires is
14401  hereby created and shall be administered by the Department of
14402  Revenue or its agent. The Department of Labor and Employment
14403  Security will act as the agent until a date not later than
14404  October 1, 1998. All employers in the state shall furnish a
14405  report consistent with subsection (3) for each newly hired or
14406  rehired employee unless the employee is employed by a federal or
14407  state agency performing intelligence or counterintelligence
14408  functions and the head of such agency has determined that
14409  reporting pursuant to this section could endanger the safety of
14410  the employee or compromise an ongoing investigation or
14411  intelligence mission.
14412         (3) EMPLOYERS TO FURNISH REPORTS.—
14413         (b) Upon termination of the contract with the Department of
14414  Labor and Employment Security, but not later than October 1,
14415  1998, All employers shall furnish a report to the State
14416  Directory of New Hires of the state in which the newly hired or
14417  rehired employee works. The report required in this section
14418  shall be made on a W-4 form or, at the option of the employer,
14419  an equivalent form, and can be transmitted magnetically,
14420  electronically, by first-class mail, or other methods which may
14421  be prescribed by the State Directory. Each report shall include
14422  the name, address, date of hire, and social security number of
14423  every new and rehired employee and the name, address, and
14424  federal employer identification number of the reporting
14425  employer. If available, the employer may also include the
14426  employee’s date of birth in the report. Multistate employers
14427  that report new hire information electronically or magnetically
14428  may designate a single state to which it will transmit the above
14429  noted report, provided the employer has employees in that state
14430  and the employer notifies the Secretary of Health and Human
14431  Services in writing to which state the information will be
14432  provided. Agencies of the United States Government shall report
14433  directly to the National Directory of New Hires.
14434         (8) PROVIDING INFORMATION TO NATIONAL DIRECTORY.—Not later
14435  than October 1, 1997, The State Directory of New Hires must
14436  furnish information regarding newly hired or rehired employees
14437  to the National Directory of New Hires for matching with the
14438  records of other state case registries within 3 business days of
14439  entering such information from the employer into the State
14440  Directory of New Hires. The State Directory of New Hires shall
14441  enter into an agreement with the Department of Economic
14442  Opportunity or its tax collection service provider the Florida
14443  Department of Labor and Employment Security for the quarterly
14444  reporting to the National Directory of New Hires information on
14445  wages and unemployment compensation taken from the quarterly
14446  report to the Secretary of Labor, now required by Title III of
14447  the Social Security Act, except that no report shall be filed
14448  with respect to an employee of a state or local agency
14449  performing intelligence or counterintelligence functions, if the
14450  head of such agency has determined that filing such a report
14451  could endanger the safety of the employee or compromise an
14452  ongoing investigation or intelligence mission.
14453         Section 302. Subsections (2), (3), and (4) of section
14454  409.508, Florida Statutes, are amended to read:
14455         409.508 Low-income home energy assistance program.—
14456         (2) The Department of Economic Opportunity Community
14457  Affairs is designated as the state agency to administer the Low
14458  income Home Energy Assistance Act of 1981, 42 U.S.C. ss. 8621 et
14459  seq. The Department of Economic Opportunity Community Affairs is
14460  authorized to provide home energy assistance benefits to
14461  eligible households which may be in the form of cash, vouchers,
14462  certificates, or direct payments to electric or natural gas
14463  utilities or other energy suppliers and operators of low-rent,
14464  subsidized housing in behalf of eligible households. Priority
14465  shall be given to eligible households having at least one
14466  elderly or handicapped individual and to eligible households
14467  with the lowest incomes.
14468         (3) Agreements may be established between electric or
14469  natural gas utility companies, other energy suppliers, the
14470  Department of Revenue, and the Department of Economic
14471  Opportunity Community Affairs for the purpose of providing
14472  payments to energy suppliers in the form of a credit against
14473  sales and use taxes due or direct payments to energy suppliers
14474  for services rendered to low-income, eligible households.
14475         (4) The Department of Economic Opportunity Community
14476  Affairs shall adopt rules to carry out the provisions of this
14477  act.
14478         Section 303. Subsection (2) of section 409.509, Florida
14479  Statutes, is amended to read:
14480         409.509 Definitions; weatherization of low-income
14481  residences.—As used in this act, the term:
14482         (2) “Department” means the Department of Economic
14483  Opportunity Community Affairs.
14484         Section 304. Subsection (2) and paragraph (f) of subsection
14485  (3) of section 410.502, Florida Statutes, is amended to read:
14486         410.502 Housing and living arrangements; special needs of
14487  the elderly; services.—The Department of Elderly Affairs shall
14488  provide services related to housing and living arrangements
14489  which meet the special needs of the elderly. Such services shall
14490  include, but not be limited to:
14491         (2) Coordinating with the Department of Economic
14492  Opportunity Community Affairs to gather and maintain data on
14493  living arrangements which meet the special needs of the elderly
14494  and to disseminate such information to the public. Such
14495  information shall include types of facilities, cost of care,
14496  services provided, and possible sources of help in meeting the
14497  cost of care for indigent individuals.
14498         (3) Promoting, through the Department of Elderly Affairs
14499  staff activities and area agencies on aging, the development of
14500  a variety of living arrangements through public and private
14501  auspices to meet the various needs and desires of the elderly,
14502  including, but not limited to:
14503         (f) Retirement communities for independent communal living,
14504  to be developed in conjunction with the Department of Economic
14505  Opportunity Community Affairs.
14506  
14507  Demonstration projects must be used advisedly to test the extent
14508  to which these and other innovative housing and living
14509  arrangements do meet the basic and special needs of the elderly.
14510         Section 305. Paragraph (d) of subsection (2), subsection
14511  (4), paragraphs (a), (c), (d), (e), and (f) of subsection (5),
14512  paragraph (e) of subsection (7), subsection (8), and paragraphs
14513  (b), (c), (d), and (e) of subsection (9) of section 411.01,
14514  Florida Statutes, are amended to read:
14515         411.01 School readiness programs; early learning
14516  coalitions.—
14517         (2) LEGISLATIVE INTENT.—
14518         (d) It is the intent of the Legislature that the
14519  administrative staff for school readiness programs be kept to
14520  the minimum necessary to administer the duties of the Office of
14521  Early Learning Agency for Workforce Innovation and early
14522  learning coalitions. The Office of Early Learning Agency for
14523  Workforce Innovation shall adopt system support services at the
14524  state level to build a comprehensive early learning system. Each
14525  early learning coalition shall implement and maintain direct
14526  enhancement services at the local level, as approved in its
14527  school readiness plan by the Office of Early Learning Agency for
14528  Workforce Innovation, and ensure access to such services in all
14529  67 counties.
14530         (4) OFFICE OF EARLY LEARNING OF THE DEPARTMENT OF EDUCATION
14531  AGENCY FOR WORKFORCE INNOVATION.—
14532         (a) The Office of Early Learning Agency for Workforce
14533  Innovation shall administer school readiness programs at the
14534  state level and shall coordinate with the early learning
14535  coalitions in providing school readiness services on a full-day,
14536  full-year, full-choice basis to the extent possible in order to
14537  enable parents to work and be financially self-sufficient.
14538         (b) The Office of Early Learning Agency for Workforce
14539  Innovation shall:
14540         1. Coordinate the birth-to-kindergarten services for
14541  children who are eligible under subsection (6) and the
14542  programmatic, administrative, and fiscal standards under this
14543  section for all public providers of school readiness programs.
14544         2. Focus on improving the educational quality of all
14545  program providers participating in publicly funded school
14546  readiness programs.
14547         3. Provide comprehensive services to the state’s birth-to-5
14548  population, which shall ensure the preservation of parental
14549  choice by permitting parents to choose from a variety of child
14550  care categories, including: center-based child care; group home
14551  child care; family child care; and in-home child care. Care and
14552  curriculum by a sectarian provider may not be limited or
14553  excluded in any of these categories.
14554         (c) The Governor shall designate the Office of Early
14555  Learning Agency for Workforce Innovation as the lead agency for
14556  administration of the federal Child Care and Development Fund,
14557  45 C.F.R. parts 98 and 99, and the office agency shall comply
14558  with the lead agency responsibilities under federal law.
14559         (d) The Office of Early Learning Agency for Workforce
14560  Innovation shall:
14561         1. Be responsible for the prudent use of all public and
14562  private funds in accordance with all legal and contractual
14563  requirements.
14564         2. Provide final approval and every 2 years review early
14565  learning coalitions and school readiness plans.
14566         3. Establish a unified approach to the state’s efforts
14567  toward enhancement of school readiness. In support of this
14568  effort, the Office of Early Learning Agency for Workforce
14569  Innovation shall adopt specific system support services that
14570  address the state’s school readiness programs. An early learning
14571  coalition shall amend its school readiness plan to conform to
14572  the specific system support services adopted by the Office of
14573  Early Learning Agency for Workforce Innovation. System support
14574  services shall include, but are not limited to:
14575         a. Child care resource and referral services;
14576         b. Warm-Line services;
14577         c. Eligibility determinations;
14578         d. Child performance standards;
14579         e. Child screening and assessment;
14580         f. Developmentally appropriate curricula;
14581         g. Health and safety requirements;
14582         h. Statewide data system requirements; and
14583         i. Rating and improvement systems.
14584         4. Safeguard the effective use of federal, state, local,
14585  and private resources to achieve the highest possible level of
14586  school readiness for the children in this state.
14587         5. Adopt a rule establishing criteria for the expenditure
14588  of funds designated for the purpose of funding activities to
14589  improve the quality of child care within the state in accordance
14590  with s. 658G of the federal Child Care and Development Block
14591  Grant Act.
14592         6. Provide technical assistance to early learning
14593  coalitions in a manner determined by the Office of Early
14594  Learning Agency for Workforce Innovation based upon information
14595  obtained by the office agency from various sources, including,
14596  but not limited to, public input, government reports, private
14597  interest group reports, office agency monitoring visits, and
14598  coalition requests for service.
14599         7. In cooperation with the Department of Education and
14600  early learning coalitions, coordinate with the Child Care
14601  Services Program Office of the Department of Children and Family
14602  Services to minimize duplicating interagency activities, health
14603  and safety monitoring, and acquiring and composing data
14604  pertaining to child care training and credentialing.
14605         8. Develop and adopt performance standards and outcome
14606  measures for school readiness programs. The performance
14607  standards must address the age-appropriate progress of children
14608  in the development of school readiness skills. The performance
14609  standards for children from birth to 5 years of age in school
14610  readiness programs must be integrated with the performance
14611  standards adopted by the Department of Education for children in
14612  the Voluntary Prekindergarten Education Program under s.
14613  1002.67.
14614         9. Adopt a standard contract that must be used by the
14615  coalitions when contracting with school readiness providers.
14616         (e) The Office of Early Learning Agency for Workforce
14617  Innovation may adopt rules under ss. 120.536(1) and 120.54 to
14618  administer the provisions of law conferring duties upon the
14619  office agency, including, but not limited to, rules governing
14620  the administration of system support services of school
14621  readiness programs, the collection of data, the approval of
14622  early learning coalitions and school readiness plans, the
14623  provision of a method whereby an early learning coalition may
14624  serve two or more counties, the award of incentives to early
14625  learning coalitions, child performance standards, child outcome
14626  measures, the issuance of waivers, and the implementation of the
14627  state’s Child Care and Development Fund Plan as approved by the
14628  federal Administration for Children and Families.
14629         (f) The Office of Early Learning Agency for Workforce
14630  Innovation shall have all powers necessary to administer this
14631  section, including, but not limited to, the power to receive and
14632  accept grants, loans, or advances of funds from any public or
14633  private agency and to receive and accept from any source
14634  contributions of money, property, labor, or any other thing of
14635  value, to be held, used, and applied for purposes of this
14636  section.
14637         (g) Except as provided by law, the Office of Early Learning
14638  Agency for Workforce Innovation may not impose requirements on a
14639  child care or early childhood education provider that does not
14640  deliver services under the school readiness programs or receive
14641  state or federal funds under this section.
14642         (h) The Office of Early Learning Agency for Workforce
14643  Innovation shall have a budget for school readiness programs,
14644  which shall be financed through an annual appropriation made for
14645  purposes of this section in the General Appropriations Act.
14646         (i) The Office of Early Learning Agency for Workforce
14647  Innovation shall coordinate the efforts toward school readiness
14648  in this state and provide independent policy analyses, data
14649  analyses, and recommendations to the Governor, the State Board
14650  of Education, and the Legislature.
14651         (j) The Office of Early Learning Agency for Workforce
14652  Innovation shall require that school readiness programs, at a
14653  minimum, enhance the age-appropriate progress of each child in
14654  attaining the performance standards adopted under subparagraph
14655  (d)8. and in the development of the following school readiness
14656  skills:
14657         1. Compliance with rules, limitations, and routines.
14658         2. Ability to perform tasks.
14659         3. Interactions with adults.
14660         4. Interactions with peers.
14661         5. Ability to cope with challenges.
14662         6. Self-help skills.
14663         7. Ability to express the child’s needs.
14664         8. Verbal communication skills.
14665         9. Problem-solving skills.
14666         10. Following of verbal directions.
14667         11. Demonstration of curiosity, persistence, and
14668  exploratory behavior.
14669         12. Interest in books and other printed materials.
14670         13. Paying attention to stories.
14671         14. Participation in art and music activities.
14672         15. Ability to identify colors, geometric shapes, letters
14673  of the alphabet, numbers, and spatial and temporal
14674  relationships.
14675  
14676  Within 30 days after enrollment in the school readiness program,
14677  the early learning coalition must ensure that the program
14678  provider obtains information regarding the child’s
14679  immunizations, physical development, and other health
14680  requirements as necessary, including appropriate vision and
14681  hearing screening and examinations. For a program provider
14682  licensed by the Department of Children and Family Services, the
14683  provider’s compliance with s. 402.305(9), as verified pursuant
14684  to s. 402.311, shall satisfy this requirement.
14685         (k) The Office of Early Learning Agency for Workforce
14686  Innovation shall conduct studies and planning activities related
14687  to the overall improvement and effectiveness of the outcome
14688  measures adopted by the office agency for school readiness
14689  programs and the specific system support services to address the
14690  state’s school readiness programs adopted by the Office of Early
14691  Learning Agency for Workforce Innovation in accordance with
14692  subparagraph (d)3.
14693         (l) The Office of Early Learning Agency for Workforce
14694  Innovation shall monitor and evaluate the performance of each
14695  early learning coalition in administering the school readiness
14696  program, implementing the coalition’s school readiness plan, and
14697  administering the Voluntary Prekindergarten Education Program.
14698  These monitoring and performance evaluations must include, at a
14699  minimum, onsite monitoring of each coalition’s finances,
14700  management, operations, and programs.
14701         (m) The Office of Early Learning Agency for Workforce
14702  Innovation shall submit an annual report of its activities
14703  conducted under this section to the Governor, the President of
14704  the Senate, the Speaker of the House of Representatives, and the
14705  minority leaders of both houses of the Legislature. In addition,
14706  the Office of Early Learning’s Agency for Workforce Innovation’s
14707  reports and recommendations shall be made available to the
14708  Florida Early Learning Advisory Council and other appropriate
14709  state agencies and entities. The annual report must provide an
14710  analysis of school readiness activities across the state,
14711  including the number of children who were served in the
14712  programs.
14713         (n) The Office of Early Learning Agency for Workforce
14714  Innovation shall work with the early learning coalitions to
14715  ensure availability of training and support for parental
14716  involvement in children’s early education and to provide family
14717  literacy activities and services.
14718         (5) CREATION OF EARLY LEARNING COALITIONS.—
14719         (a) Early learning coalitions.—
14720         1. Each early learning coalition shall maintain direct
14721  enhancement services at the local level and ensure access to
14722  such services in all 67 counties.
14723         2. The Office of Early Learning Agency for Workforce
14724  Innovation shall establish the minimum number of children to be
14725  served by each early learning coalition through the coalition’s
14726  school readiness program. The Office of Early Learning Agency
14727  for Workforce Innovation may only approve school readiness plans
14728  in accordance with this minimum number. The minimum number must
14729  be uniform for every early learning coalition and must:
14730         a. Permit 31 or fewer coalitions to be established; and
14731         b. Require each coalition to serve at least 2,000 children
14732  based upon the average number of all children served per month
14733  through the coalition’s school readiness program during the
14734  previous 12 months.
14735         3. If an early learning coalition would serve fewer
14736  children than the minimum number established under subparagraph
14737  2., the coalition must merge with another county to form a
14738  multicounty coalition. The Office of Early Learning Agency for
14739  Workforce Innovation shall adopt procedures for merging early
14740  learning coalitions, including procedures for the consolidation
14741  of merging coalitions, and for the early termination of the
14742  terms of coalition members which are necessary to accomplish the
14743  mergers. However, the Office of Early Learning Agency for
14744  Workforce Innovation shall grant a waiver to an early learning
14745  coalition to serve fewer children than the minimum number
14746  established under subparagraph 2., if:
14747         a. The Office of Early Learning Agency for Workforce
14748  Innovation has determined during the most recent review of the
14749  coalition’s school readiness plan, or through monitoring and
14750  performance evaluations conducted under paragraph (4)(l), that
14751  the coalition has substantially implemented its plan;
14752         b. The coalition demonstrates to the Office of Early
14753  Learning Agency for Workforce Innovation the coalition’s ability
14754  to effectively and efficiently implement the Voluntary
14755  Prekindergarten Education Program; and
14756         c. The coalition demonstrates to the Office of Early
14757  Learning Agency for Workforce Innovation that the coalition can
14758  perform its duties in accordance with law.
14759  
14760  If an early learning coalition fails or refuses to merge as
14761  required by this subparagraph, the Office of Early Learning
14762  Agency for Workforce Innovation may dissolve the coalition and
14763  temporarily contract with a qualified entity to continue school
14764  readiness and prekindergarten services in the coalition’s county
14765  or multicounty region until the office agency reestablishes the
14766  coalition and a new school readiness plan is approved by the
14767  office agency.
14768         4. Each early learning coalition shall be composed of at
14769  least 15 members but not more than 30 members. The Office of
14770  Early Learning Agency for Workforce Innovation shall adopt
14771  standards establishing within this range the minimum and maximum
14772  number of members that may be appointed to an early learning
14773  coalition and procedures for identifying which members have
14774  voting privileges under subparagraph 6. These standards must
14775  include variations for a coalition serving a multicounty region.
14776  Each early learning coalition must comply with these standards.
14777         5. The Governor shall appoint the chair and two other
14778  members of each early learning coalition, who must each meet the
14779  same qualifications as private sector business members appointed
14780  by the coalition under subparagraph 7.
14781         6. Each early learning coalition must include the following
14782  member positions; however, in a multicounty coalition, each ex
14783  officio member position may be filled by multiple nonvoting
14784  members but no more than one voting member shall be seated per
14785  member position. If an early learning coalition has more than
14786  one member representing the same entity, only one of such
14787  members may serve as a voting member:
14788         a. A Department of Children and Family Services circuit
14789  administrator or his or her designee who is authorized to make
14790  decisions on behalf of the department.
14791         b. A district superintendent of schools or his or her
14792  designee who is authorized to make decisions on behalf of the
14793  district.
14794         c. A regional workforce board executive director or his or
14795  her designee.
14796         d. A county health department director or his or her
14797  designee.
14798         e. A children’s services council or juvenile welfare board
14799  chair or executive director, if applicable.
14800         f. An agency head of a local licensing agency as defined in
14801  s. 402.302, where applicable.
14802         g. A president of a community college or his or her
14803  designee.
14804         h. One member appointed by a board of county commissioners
14805  or the governing board of a municipality.
14806         i. A central agency administrator, where applicable.
14807         j. A Head Start director.
14808         k. A representative of private for-profit child care
14809  providers, including private for-profit family day care homes.
14810         l. A representative of faith-based child care providers.
14811         m. A representative of programs for children with
14812  disabilities under the federal Individuals with Disabilities
14813  Education Act.
14814         7. Including the members appointed by the Governor under
14815  subparagraph 5., more than one-third of the members of each
14816  early learning coalition must be private sector business members
14817  who do not have, and none of whose relatives as defined in s.
14818  112.3143 has, a substantial financial interest in the design or
14819  delivery of the Voluntary Prekindergarten Education Program
14820  created under part V of chapter 1002 or the coalition’s school
14821  readiness program. To meet this requirement an early learning
14822  coalition must appoint additional members. The Office of Early
14823  Learning Agency for Workforce Innovation shall establish
14824  criteria for appointing private sector business members. These
14825  criteria must include standards for determining whether a member
14826  or relative has a substantial financial interest in the design
14827  or delivery of the Voluntary Prekindergarten Education Program
14828  or the coalition’s school readiness program.
14829         8. A majority of the voting membership of an early learning
14830  coalition constitutes a quorum required to conduct the business
14831  of the coalition. An early learning coalition board may use any
14832  method of telecommunications to conduct meetings, including
14833  establishing a quorum through telecommunications, provided that
14834  the public is given proper notice of a telecommunications
14835  meeting and reasonable access to observe and, when appropriate,
14836  participate.
14837         9. A voting member of an early learning coalition may not
14838  appoint a designee to act in his or her place, except as
14839  otherwise provided in this paragraph. A voting member may send a
14840  representative to coalition meetings, but that representative
14841  does not have voting privileges. When a district administrator
14842  for the Department of Children and Family Services appoints a
14843  designee to an early learning coalition, the designee is the
14844  voting member of the coalition, and any individual attending in
14845  the designee’s place, including the district administrator, does
14846  not have voting privileges.
14847         10. Each member of an early learning coalition is subject
14848  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
14849  112.3143(3)(a), each voting member is a local public officer who
14850  must abstain from voting when a voting conflict exists.
14851         11. For purposes of tort liability, each member or employee
14852  of an early learning coalition shall be governed by s. 768.28.
14853         12. An early learning coalition serving a multicounty
14854  region must include representation from each county.
14855         13. Each early learning coalition shall establish terms for
14856  all appointed members of the coalition. The terms must be
14857  staggered and must be a uniform length that does not exceed 4
14858  years per term. Coalition chairs shall be appointed for 4 years
14859  in conjunction with their membership on the Early Learning
14860  Advisory Council under s. 20.052. Appointed members may serve a
14861  maximum of two consecutive terms. When a vacancy occurs in an
14862  appointed position, the coalition must advertise the vacancy.
14863         (c) Program expectations.—
14864         1. The school readiness program must meet the following
14865  expectations:
14866         a. The program must, at a minimum, enhance the age
14867  appropriate progress of each child in attaining the performance
14868  standards and outcome measures adopted by the Office of Early
14869  Learning Agency for Workforce Innovation.
14870         b. The program must provide extended-day and extended-year
14871  services to the maximum extent possible without compromising the
14872  quality of the program to meet the needs of parents who work.
14873         c. The program must provide a coordinated professional
14874  development system that supports the achievement and maintenance
14875  of core competencies by school readiness instructors in helping
14876  children attain the performance standards and outcome measures
14877  adopted by the Office of Early Learning Agency for Workforce
14878  Innovation.
14879         d. There must be expanded access to community services and
14880  resources for families to help achieve economic self
14881  sufficiency.
14882         e. There must be a single point of entry and unified
14883  waiting list. As used in this sub-subparagraph, the term “single
14884  point of entry” means an integrated information system that
14885  allows a parent to enroll his or her child in the school
14886  readiness program at various locations throughout a county, that
14887  may allow a parent to enroll his or her child by telephone or
14888  through an Internet website, and that uses a unified waiting
14889  list to track eligible children waiting for enrollment in the
14890  school readiness program. The Office of Early Learning Agency
14891  for Workforce Innovation shall establish through technology a
14892  single statewide information system that each coalition must use
14893  for the purposes of managing the single point of entry, tracking
14894  children’s progress, coordinating services among stakeholders,
14895  determining eligibility, tracking child attendance, and
14896  streamlining administrative processes for providers and early
14897  learning coalitions.
14898         f. The Office of Early Learning Agency for Workforce
14899  Innovation must consider the access of eligible children to the
14900  school readiness program, as demonstrated in part by waiting
14901  lists, before approving a proposed increase in payment rates
14902  submitted by an early learning coalition. In addition, early
14903  learning coalitions shall use school readiness funds made
14904  available due to enrollment shifts from school readiness
14905  programs to the Voluntary Prekindergarten Education Program for
14906  increasing the number of children served in school readiness
14907  programs before increasing payment rates.
14908         g. The program must meet all state licensing guidelines,
14909  where applicable.
14910         h. The program must ensure that minimum standards for child
14911  discipline practices are age-appropriate. Such standards must
14912  provide that children not be subjected to discipline that is
14913  severe, humiliating, or frightening or discipline that is
14914  associated with food, rest, or toileting. Spanking or any other
14915  form of physical punishment is prohibited.
14916         2. Each early learning coalition must implement a
14917  comprehensive program of school readiness services in accordance
14918  with the rules adopted by the office agency which enhance the
14919  cognitive, social, and physical development of children to
14920  achieve the performance standards and outcome measures. At a
14921  minimum, these programs must contain the following system
14922  support service elements:
14923         a. Developmentally appropriate curriculum designed to
14924  enhance the age-appropriate progress of children in attaining
14925  the performance standards adopted by the Office of Early
14926  Learning Agency for Workforce Innovation under subparagraph
14927  (4)(d)8.
14928         b. A character development program to develop basic values.
14929         c. An age-appropriate screening of each child’s
14930  development.
14931         d. An age-appropriate assessment administered to children
14932  when they enter a program and an age-appropriate assessment
14933  administered to children when they leave the program.
14934         e. An appropriate staff-to-children ratio, pursuant to s.
14935  402.305(4) or s. 402.302(7) or (8), as applicable, and as
14936  verified pursuant to s. 402.311.
14937         f. A healthy and safe environment pursuant to s.
14938  401.305(5), (6), and (7), as applicable, and as verified
14939  pursuant to s. 402.311.
14940         g. A resource and referral network established under s.
14941  411.0101 to assist parents in making an informed choice and a
14942  regional Warm-Line under s. 411.01015.
14943  
14944  The Office of Early Learning Agency for Workforce Innovation,
14945  the Department of Education, and early learning coalitions shall
14946  coordinate with the Child Care Services Program Office of the
14947  Department of Children and Family Services to minimize
14948  duplicating interagency activities pertaining to acquiring and
14949  composing data for child care training and credentialing.
14950         (d) Implementation.—
14951         1. An early learning coalition may not implement the school
14952  readiness program until the coalition’s school readiness plan is
14953  approved by the Office of Early Learning Agency for Workforce
14954  Innovation.
14955         2. Each early learning coalition shall coordinate with one
14956  another to implement a comprehensive program of school readiness
14957  services which enhances the cognitive, social, physical, and
14958  moral character of the children to achieve the performance
14959  standards and outcome measures and which helps families achieve
14960  economic self-sufficiency. Such program must contain, at a
14961  minimum, the following elements:
14962         a. Implement the school readiness program to meet the
14963  requirements of this section and the system support services,
14964  performance standards, and outcome measures adopted by the
14965  Office of Early Learning Agency for Workforce Innovation.
14966         b.  Demonstrate how the program will ensure that each child
14967  from birth through 5 years of age in a publicly funded school
14968  readiness program receives scheduled activities and instruction
14969  designed to enhance the age-appropriate progress of the children
14970  in attaining the performance standards adopted by the department
14971  agency under subparagraph (4)(d)8.
14972         c. Ensure that the coalition has solicited and considered
14973  comments regarding the proposed school readiness plan from the
14974  local community.
14975  
14976  Before implementing the school readiness program, the early
14977  learning coalition must submit the plan to the office agency for
14978  approval. The office agency may approve the plan, reject the
14979  plan, or approve the plan with conditions. The office agency
14980  shall review school readiness plans at least every 2 years.
14981         3. If the Office of Early Learning Agency for Workforce
14982  Innovation determines during the review of school readiness
14983  plans, or through monitoring and performance evaluations
14984  conducted under paragraph (4)(l), that an early learning
14985  coalition has not substantially implemented its plan, has not
14986  substantially met the performance standards and outcome measures
14987  adopted by the office agency, or has not effectively
14988  administered the school readiness program or Voluntary
14989  Prekindergarten Education Program, the office agency may
14990  dissolve the coalition and temporarily contract with a qualified
14991  entity to continue school readiness and prekindergarten services
14992  in the coalition’s county or multicounty region until the office
14993  agency reestablishes the coalition and a new school readiness
14994  plan is approved in accordance with the rules adopted by the
14995  office agency.
14996         4. The Office of Early Learning Agency for Workforce
14997  Innovation shall adopt rules establishing criteria for the
14998  approval of school readiness plans. The criteria must be
14999  consistent with the system support services, performance
15000  standards, and outcome measures adopted by the office agency and
15001  must require each approved plan to include the following minimum
15002  standards for the school readiness program:
15003         a. A community plan that addresses the needs of all
15004  children and providers within the coalition’s county or
15005  multicounty region.
15006         b. A sliding fee scale establishing a copayment for parents
15007  based upon their ability to pay, which is the same for all
15008  program providers.
15009         c. A choice of settings and locations in licensed,
15010  registered, religious-exempt, or school-based programs to be
15011  provided to parents.
15012         d. Specific eligibility priorities for children in
15013  accordance with subsection (6).
15014         e. Performance standards and outcome measures adopted by
15015  the office agency.
15016         f. Payment rates adopted by the early learning coalitions
15017  and approved by the office agency. Payment rates may not have
15018  the effect of limiting parental choice or creating standards or
15019  levels of services that have not been expressly established by
15020  the Legislature, unless the creation of such standards or levels
15021  of service, which must be uniform throughout the state, has been
15022  approved by the Federal Government and result in the state being
15023  eligible to receive additional federal funds available for early
15024  learning on a statewide basis.
15025         g. Direct enhancement services for families and children.
15026  System support and direct enhancement services shall be in
15027  addition to payments for the placement of children in school
15028  readiness programs. Direct enhancement services for families may
15029  include parent training and involvement activities and
15030  strategies to meet the needs of unique populations and local
15031  eligibility priorities. Enhancement services for children may
15032  include provider supports and professional development approved
15033  in the plan by the Office of Early Learning Agency for Workforce
15034  Innovation.
15035         h. The business organization of the early learning
15036  coalition, which must include the coalition’s articles of
15037  incorporation and bylaws if the coalition is organized as a
15038  corporation. If the coalition is not organized as a corporation
15039  or other business entity, the plan must include the contract
15040  with a fiscal agent. An early learning coalition may contract
15041  with other coalitions to achieve efficiency in multicounty
15042  services, and these contracts may be part of the coalition’s
15043  school readiness plan.
15044         i. The implementation of locally developed quality programs
15045  in accordance with the requirements adopted by the office agency
15046  under subparagraph (4)(d)5.
15047  
15048  The Office of Early Learning Agency for Workforce Innovation may
15049  request the Governor to apply for a waiver to allow the
15050  coalition to administer the Head Start Program to accomplish the
15051  purposes of the school readiness program.
15052         5. Persons with an early childhood teaching certificate may
15053  provide support and supervision to other staff in the school
15054  readiness program.
15055         6. An early learning coalition may not implement its school
15056  readiness plan until it submits the plan to and receives
15057  approval from the Office of Early Learning Agency for Workforce
15058  Innovation. Once the plan is approved, the plan and the services
15059  provided under the plan shall be controlled by the early
15060  learning coalition. The plan shall be reviewed and revised as
15061  necessary, but at least biennially. An early learning coalition
15062  may not implement the revisions until the coalition submits the
15063  revised plan to and receives approval from the office agency. If
15064  the office agency rejects a revised plan, the coalition must
15065  continue to operate under its prior approved plan.
15066         7. Section 125.901(2)(a)3. does not apply to school
15067  readiness programs. The Office of Early Learning Agency for
15068  Workforce Innovation may apply to the Governor and Cabinet for a
15069  waiver of, and the Governor and Cabinet may waive, any of the
15070  provisions of ss. 411.223 and 1003.54, if the waiver is
15071  necessary for implementation of school readiness programs.
15072         8. Two or more early learning coalitions may join for
15073  purposes of planning and implementing a school readiness
15074  program.
15075         (e) Requests for proposals; payment schedule.—
15076         1. Each early learning coalition must comply with the
15077  procurement and expenditure procedures adopted by the Office of
15078  Early Learning Agency for Workforce Innovation, including, but
15079  not limited to, applying the procurement and expenditure
15080  procedures required by federal law for the expenditure of
15081  federal funds.
15082         2. Each early learning coalition shall adopt a payment
15083  schedule that encompasses all programs funded under this
15084  section. The payment schedule must take into consideration the
15085  prevailing market rate, must include the projected number of
15086  children to be served, and must be submitted for approval by the
15087  Office of Early Learning Agency for Workforce Innovation.
15088  Informal child care arrangements shall be reimbursed at not more
15089  than 50 percent of the rate adopted for a family day care home.
15090         (f) Evaluation and annual report.—Each early learning
15091  coalition shall conduct an evaluation of its implementation of
15092  the school readiness program, including system support services,
15093  performance standards, and outcome measures, and shall provide
15094  an annual report and fiscal statement to the Office of Early
15095  Learning Agency for Workforce Innovation. This report must also
15096  include an evaluation of the effectiveness of its direct
15097  enhancement services and conform to the content and format
15098  specifications adopted by the Office of Early Learning Agency
15099  for Workforce Innovation. The Office of Early Learning Agency
15100  for Workforce Innovation must include an analysis of the early
15101  learning coalitions’ reports in the office’s agency’s annual
15102  report.
15103         (7) PARENTAL CHOICE.—
15104         (e) The office of the Chief Financial Officer shall
15105  establish an electronic transfer system for the disbursement of
15106  funds in accordance with this subsection. Each early learning
15107  coalition shall fully implement the electronic funds transfer
15108  system within 2 years after approval of the coalition’s school
15109  readiness plan, unless a waiver is obtained from the Office of
15110  Early Learning Agency for Workforce Innovation.
15111         (8) STANDARDS; OUTCOME MEASURES.—A program provider
15112  participating in the school readiness program must meet the
15113  performance standards and outcome measures adopted by the Office
15114  of Early Learning Agency for Workforce Innovation.
15115         (9) FUNDING; SCHOOL READINESS PROGRAM.—
15116         (b)1. The Office of Early Learning Agency for Workforce
15117  Innovation shall administer school readiness funds, plans, and
15118  policies and shall prepare and submit a unified budget request
15119  for the school readiness system in accordance with chapter 216.
15120         2. All instructions to early learning coalitions for
15121  administering this section shall emanate from the Office of
15122  Early Learning Agency for Workforce Innovation in accordance
15123  with the policies of the Legislature.
15124         (c) The Office of Early Learning Agency for Workforce
15125  Innovation, subject to legislative notice and review under s.
15126  216.177, shall establish a formula for the allocation of all
15127  state and federal school readiness funds provided for children
15128  participating in the school readiness program, whether served by
15129  a public or private provider, based upon equity for each county.
15130  The allocation formula must be submitted to the Governor, the
15131  chair of the Senate Ways and Means Committee or its successor,
15132  and the chair of the House of Representatives Fiscal Council or
15133  its successor no later than January 1 of each year. If the
15134  Legislature specifies changes to the allocation formula, the
15135  Office of Early Learning Agency for Workforce Innovation shall
15136  allocate funds as specified in the General Appropriations Act.
15137         (d) All state, federal, and required local maintenance-of
15138  effort or matching funds provided to an early learning coalition
15139  for purposes of this section shall be used for implementation of
15140  its approved school readiness plan, including the hiring of
15141  staff to effectively operate the coalition’s school readiness
15142  program. As part of plan approval and periodic plan review, the
15143  Office of Early Learning Agency for Workforce Innovation shall
15144  require that administrative costs be kept to the minimum
15145  necessary for efficient and effective administration of the
15146  school readiness plan, but total administrative expenditures
15147  must not exceed 5 percent unless specifically waived by the
15148  Office of Early Learning Agency for Workforce Innovation. The
15149  Office of Early Learning Agency for Workforce Innovation shall
15150  annually report to the Legislature any problems relating to
15151  administrative costs.
15152         (e) The Office of Early Learning Agency for Workforce
15153  Innovation shall annually distribute, to a maximum extent
15154  practicable, all eligible funds provided under this section as
15155  block grants to the early learning coalitions in accordance with
15156  the terms and conditions specified by the office agency.
15157         Section 306. Subsections (1) and (2), paragraph (a) of
15158  subsection (3), and subsection (4) of section 411.0101, Florida
15159  Statutes, are amended to read:
15160         411.0101 Child care and early childhood resource and
15161  referral.—
15162         (1) As a part of the school readiness programs, the Office
15163  of Early Learning Agency for Workforce Innovation shall
15164  establish a statewide child care resource and referral network
15165  that is unbiased and provides referrals to families for child
15166  care. Preference shall be given to using the already established
15167  early learning coalitions as the child care resource and
15168  referral agencies. If an early learning coalition cannot comply
15169  with the requirements to offer the resource information
15170  component or does not want to offer that service, the early
15171  learning coalition shall select the resource and referral agency
15172  for its county or multicounty region based upon a request for
15173  proposal pursuant to s. 411.01(5)(e)1.
15174         (2) At least one child care resource and referral agency
15175  must be established in each early learning coalition’s county or
15176  multicounty region. The Office of Early Learning Agency for
15177  Workforce Innovation shall adopt rules regarding accessibility
15178  of child care resource and referral services offered through
15179  child care resource and referral agencies in each county or
15180  multicounty region which include, at a minimum, required hours
15181  of operation, methods by which parents may request services, and
15182  child care resource and referral staff training requirements.
15183         (3) Child care resource and referral agencies shall provide
15184  the following services:
15185         (a) Identification of existing public and private child
15186  care and early childhood education services, including child
15187  care services by public and private employers, and the
15188  development of a resource file of those services through the
15189  single statewide information system developed by the Office of
15190  Early Learning Agency for Workforce Innovation under s.
15191  411.01(5)(c)1.e. These services may include family day care,
15192  public and private child care programs, the Voluntary
15193  Prekindergarten Education Program, Head Start, the school
15194  readiness program, special education programs for
15195  prekindergarten children with disabilities, services for
15196  children with developmental disabilities, full-time and part
15197  time programs, before-school and after-school programs, vacation
15198  care programs, parent education, the Temporary Cash Assistance
15199  Program, and related family support services. The resource file
15200  shall include, but not be limited to:
15201         1. Type of program.
15202         2. Hours of service.
15203         3. Ages of children served.
15204         4. Number of children served.
15205         5. Significant program information.
15206         6. Fees and eligibility for services.
15207         7. Availability of transportation.
15208         (4) The Office of Early Learning Agency for Workforce
15209  Innovation shall adopt any rules necessary for the
15210  implementation and administration of this section.
15211         Section 307. Subsections (2), (6), and (7) of section
15212  411.01013, Florida Statutes, are amended to read:
15213         411.01013 Prevailing market rate schedule.—
15214         (2) The Office of Early Learning Agency for Workforce
15215  Innovation shall establish procedures for the adoption of a
15216  prevailing market rate schedule. The schedule must include, at a
15217  minimum, county-by-county rates:
15218         (a) At the prevailing market rate, plus the maximum rate,
15219  for child care providers that hold a Gold Seal Quality Care
15220  designation under s. 402.281.
15221         (b) At the prevailing market rate for child care providers
15222  that do not hold a Gold Seal Quality Care designation.
15223         (6) The Office of Early Learning Agency for Workforce
15224  Innovation may contract with one or more qualified entities to
15225  administer this section and provide support and technical
15226  assistance for child care providers.
15227         (7) The Office of Early Learning Agency for Workforce
15228  Innovation may adopt rules pursuant to ss. 120.536(1) and 120.54
15229  for establishing procedures for the collection of child care
15230  providers’ market rate, the calculation of a reasonable
15231  frequency distribution of the market rate, and the publication
15232  of a prevailing market rate schedule.
15233         Section 308. Subsection (1) of section 411.01014, Florida
15234  Statutes, is amended to read:
15235         411.01014 School readiness transportation services.—
15236         (1) The Office of Early Learning Agency for Workforce
15237  Innovation, pursuant to chapter 427, may authorize an early
15238  learning coalition to establish school readiness transportation
15239  services for children at risk of abuse or neglect participating
15240  in the school readiness program. The early learning coalitions
15241  may contract for the provision of transportation services as
15242  required by this section.
15243         Section 309. Subsections (1), (3), and (4) of section
15244  411.01015, Florida Statutes, are amended to read:
15245         411.01015 Consultation to child care centers and family day
15246  care homes regarding health, developmental, disability, and
15247  special needs issues.—
15248         (1) Contingent upon specific appropriations, the Office of
15249  Early Learning Agency for Workforce Innovation shall administer
15250  a statewide toll-free Warm-Line for the purpose of providing
15251  assistance and consultation to child care centers and family day
15252  care homes regarding health, developmental, disability, and
15253  special needs issues of the children they are serving,
15254  particularly children with disabilities and other special needs.
15255         (3) The Office of Early Learning Agency for Workforce
15256  Innovation shall annually inform child care centers and family
15257  day care homes of the availability of this service through the
15258  child care resource and referral network under s. 411.0101.
15259         (4) Contingent upon specific appropriations, the Office of
15260  Early Learning Agency for Workforce Innovation shall expand, or
15261  contract for the expansion of, the Warm-Line to maintain at
15262  least one Warm-Line site in each early learning coalition
15263  service area.
15264         Section 310. Subsections (2) and (3) of section 411.0103,
15265  Florida Statutes, are amended to read:
15266         411.0103 Teacher Education and Compensation Helps (TEACH)
15267  scholarship program.—
15268         (2) The Office of Early Learning Agency for Workforce
15269  Innovation may contract for the administration of the Teacher
15270  Education and Compensation Helps (TEACH) scholarship program,
15271  which provides educational scholarships to caregivers and
15272  administrators of early childhood programs, family day care
15273  homes, and large family child care homes.
15274         (3) The office agency shall adopt rules under ss.
15275  120.536(1) and 120.54 as necessary to administer this section.
15276         Section 311. Subsections (1) and (3) of section 411.0104,
15277  Florida Statutes, are amended to read:
15278         411.0104 Early Head Start collaboration grants.—
15279         (1) Contingent upon specific appropriations, the Office of
15280  Early Learning Agency for Workforce Innovation shall establish a
15281  program to award collaboration grants to assist local agencies
15282  in securing Early Head Start programs through Early Head Start
15283  program federal grants. The collaboration grants shall provide
15284  the required matching funds for public and private nonprofit
15285  agencies that have been approved for Early Head Start program
15286  federal grants.
15287         (3) The Office of Early Learning Agency for Workforce
15288  Innovation may adopt rules under ss. 120.536(1) and 120.54 as
15289  necessary for the award of collaboration grants to competing
15290  agencies and the administration of the collaboration grants
15291  program under this section.
15292         Section 312. Section 411.0105, Florida Statutes, is amended
15293  to read:
15294         411.0105 Early Learning Opportunities Act and Even Start
15295  Family Literacy Programs; lead agency.—For purposes of
15296  administration of the Early Learning Opportunities Act and the
15297  Even Start Family Literacy Programs, pursuant to Pub. L. No.
15298  106-554, the Office of Early Learning Agency for Workforce
15299  Innovation is designated as the lead agency and must comply with
15300  lead agency responsibilities pursuant to federal law.
15301         Section 313. Section 411.0106, Florida Statutes, is amended
15302  to read:
15303         411.0106 Infants and toddlers in state-funded education and
15304  care programs; brain development activities.—Each state-funded
15305  education and care program for children from birth to 5 years of
15306  age must provide activities to foster brain development in
15307  infants and toddlers. A program must provide an environment that
15308  helps children attain the performance standards adopted by the
15309  Office of Early Learning Agency for Workforce Innovation under
15310  s. 411.01(4)(d)8. and must be rich in language and music and
15311  filled with objects of various colors, shapes, textures, and
15312  sizes to stimulate visual, tactile, auditory, and linguistic
15313  senses in the children and must include classical music and at
15314  least 30 minutes of reading to the children each day. A program
15315  may be offered through an existing early childhood program such
15316  as Healthy Start, the Title I program, the school readiness
15317  program, the Head Start program, or a private child care
15318  program. A program must provide training for the infants’ and
15319  toddlers’ parents including direct dialogue and interaction
15320  between teachers and parents demonstrating the urgency of brain
15321  development in the first year of a child’s life. Family day care
15322  centers are encouraged, but not required, to comply with this
15323  section.
15324         Section 314. Subsection (1) and paragraph (g) of subsection
15325  (3) of section 411.011, Florida Statutes, are amended to read:
15326         411.011 Records of children in school readiness programs.—
15327         (1) The individual records of children enrolled in school
15328  readiness programs provided under s. 411.01, held by an early
15329  learning coalition or the Office of Early Learning Agency for
15330  Workforce Innovation, are confidential and exempt from s.
15331  119.07(1) and s. 24(a), Art. I of the State Constitution. For
15332  purposes of this section, records include assessment data,
15333  health data, records of teacher observations, and personal
15334  identifying information.
15335         (3) School readiness records may be released to:
15336         (g) Parties to an interagency agreement among early
15337  learning coalitions, local governmental agencies, providers of
15338  school readiness programs, state agencies, and the Office of
15339  Early Learning Agency for Workforce Innovation for the purpose
15340  of implementing the school readiness program.
15341  
15342  Agencies, organizations, or individuals that receive school
15343  readiness records in order to carry out their official functions
15344  must protect the data in a manner that does not permit the
15345  personal identification of a child enrolled in a school
15346  readiness program and his or her parents by persons other than
15347  those authorized to receive the records.
15348         Section 315. Paragraph (e) of subsection (2) of section
15349  411.226, Florida Statutes, is amended to read:
15350         411.226 Learning Gateway.—
15351         (2) LEARNING GATEWAY STEERING COMMITTEE.—
15352         (e) To support and facilitate system improvements, the
15353  steering committee must consult with representatives from the
15354  Department of Education, the Department of Health, the Office of
15355  Early Learning the Agency for Workforce Innovation, the
15356  Department of Children and Family Services, the Agency for
15357  Health Care Administration, the Department of Juvenile Justice,
15358  and the Department of Corrections and with the director of the
15359  Learning Development and Evaluation Center of Florida
15360  Agricultural and Mechanical University.
15361         Section 316. Paragraph (d) of subsection (1), paragraph (a)
15362  of subsection (2), and paragraph (c) of subsection (3) of
15363  section 411.227, Florida Statutes, are amended to read:
15364         411.227 Components of the Learning Gateway.—The Learning
15365  Gateway system consists of the following components:
15366         (1) COMMUNITY EDUCATION STRATEGIES AND FAMILY-ORIENTED
15367  ACCESS.—
15368         (d) In collaboration with other local resources, the
15369  demonstration projects shall develop public awareness strategies
15370  to disseminate information about developmental milestones,
15371  precursors of learning problems and other developmental delays,
15372  and the service system that is available. The information should
15373  target parents of children from birth through age 9 and should
15374  be distributed to parents, health care providers, and caregivers
15375  of children from birth through age 9. A variety of media should
15376  be used as appropriate, such as print, television, radio, and a
15377  community-based Internet website, as well as opportunities such
15378  as those presented by parent visits to physicians for well-child
15379  checkups. The Learning Gateway Steering Committee shall provide
15380  technical assistance to the local demonstration projects in
15381  developing and distributing educational materials and
15382  information.
15383         1. Public awareness strategies targeting parents of
15384  children from birth through age 5 shall be designed to provide
15385  information to public and private preschool programs, child care
15386  providers, pediatricians, parents, and local businesses and
15387  organizations. These strategies should include information on
15388  the school readiness performance standards adopted by the Office
15389  of Early Learning Agency for Workforce Innovation.
15390         2. Public awareness strategies targeting parents of
15391  children from ages 6 through 9 must be designed to disseminate
15392  training materials and brochures to parents and public and
15393  private school personnel, and must be coordinated with the local
15394  school board and the appropriate school advisory committees in
15395  the demonstration projects. The materials should contain
15396  information on state and district proficiency levels for grades
15397  K-3.
15398         (2) SCREENING AND DEVELOPMENTAL MONITORING.—
15399         (a) In coordination with the Office of Early Learning
15400  Agency for Workforce Innovation, the Department of Education,
15401  and the Florida Pediatric Society, and using information learned
15402  from the local demonstration projects, the Learning Gateway
15403  Steering Committee shall establish guidelines for screening
15404  children from birth through age 9. The guidelines should
15405  incorporate recent research on the indicators most likely to
15406  predict early learning problems, mild developmental delays,
15407  child-specific precursors of school failure, and other related
15408  developmental indicators in the domains of cognition;
15409  communication; attention; perception; behavior; and social,
15410  emotional, sensory, and motor functioning.
15411         (3) EARLY EDUCATION, SERVICES AND SUPPORTS.—
15412         (c) The steering committee, in cooperation with the
15413  Department of Children and Family Services, the Department of
15414  Education, and the Office of Early Learning Agency for Workforce
15415  Innovation, shall identify the elements of an effective
15416  research-based curriculum for early care and education programs.
15417         Section 317. Section 414.24, Florida Statutes, is amended
15418  to read:
15419         414.24 Integrated welfare reform and child welfare
15420  services.—The department shall develop integrated service
15421  delivery strategies to better meet the needs of families subject
15422  to work activity requirements who are involved in the child
15423  welfare system or are at high risk of involvement in the child
15424  welfare system. To the extent that resources are available, the
15425  department and the Department of Economic Opportunity Labor and
15426  Employment Security shall provide funds to one or more service
15427  districts to promote development of integrated, nonduplicative
15428  case management within the department, the Department of
15429  Department of Economic Opportunity Labor and Employment
15430  Security, other participating government agencies, and community
15431  partners. Alternative delivery systems shall be encouraged which
15432  include well-defined, pertinent outcome measures. Other factors
15433  to be considered shall include innovation regarding training,
15434  enhancement of existing resources, and increased private sector
15435  and business sector participation.
15436         Section 318. Section 414.40, Florida Statutes, is amended
15437  to read:
15438         414.40 Stop Inmate Fraud Program established; guidelines.—
15439         (1) There is created within the Department of Financial
15440  Services Department of Law Enforcement a Stop Inmate Fraud
15441  Program.
15442         (2) The Department of Financial Services Department of Law
15443  Enforcement is directed to implement the Stop Inmate Fraud
15444  Program in accordance with the following guidelines:
15445         (a) The program shall establish procedures for sharing
15446  public records not exempt from the public records law among
15447  social services agencies regarding the identities of persons
15448  incarcerated in state correctional institutions, as defined in
15449  s. 944.02, or in county, municipal, or regional jails or other
15450  detention facilities of local governments under chapter 950 or
15451  chapter 951 who are wrongfully receiving public assistance
15452  benefits or entitlement benefits.
15453         (b) Pursuant to these procedures, the program shall have
15454  access to records containing correctional information not exempt
15455  from the public records law on incarcerated persons which have
15456  been generated as criminal justice information. As used in this
15457  paragraph, the term “record” is defined as provided in s.
15458  943.045(7), and the term “criminal justice information” is
15459  defined as provided in s. 943.045(3).
15460         (c) Database searches shall be conducted of the inmate
15461  population at each correctional institution or other detention
15462  facility. A correctional institution or a detention facility
15463  shall provide the Stop Inmate Fraud Program with the information
15464  necessary to identify persons wrongfully receiving benefits in
15465  the medium requested by the Stop Inmate Fraud Program if the
15466  correctional institution or detention facility maintains the
15467  information in that medium.
15468         (d) Data obtained from correctional institutions or other
15469  detention facilities shall be compared with the client files of
15470  the Department of Children and Family Services, the Department
15471  of Economic Opportunity Labor and Employment Security, and other
15472  state or local agencies as needed to identify persons wrongfully
15473  obtaining benefits. Data comparisons shall be accomplished
15474  during periods of low information demand by agency personnel to
15475  minimize inconvenience to the agency.
15476         (e) Results of data comparisons shall be furnished to the
15477  appropriate office for use in the county in which the data
15478  originated. The program may provide reports of the data it
15479  obtains to appropriate state, federal, and local government
15480  agencies or governmental entities, including, but not limited
15481  to:
15482         1. The Child Support Enforcement Program of the Department
15483  of Revenue, so that the data may be used as locator information
15484  on persons being sought for purposes of child support.
15485         2. The Social Security Administration, so that the data may
15486  be used to reduce federal entitlement fraud within the state.
15487         (f) Reports by the program to another agency or entity
15488  shall be generated bimonthly, or as otherwise directed, and
15489  shall be designed to accommodate that agency’s or entity’s
15490  particular needs for data.
15491         (g) Only those persons with active cases, or with cases
15492  that were active during the incarceration period, shall be
15493  reported, in order that the funding agency or entity, upon
15494  verification of the data, may take whatever action is deemed
15495  appropriate.
15496         (h) For purposes of program review and analysis, each
15497  agency or entity receiving data from the program shall submit
15498  reports to the program which indicate the results of how the
15499  data was used.
15500         Section 319. Subsection (1) of section 414.295, Florida
15501  Statutes, is amended to read:
15502         414.295 Temporary cash assistance programs; public records
15503  exemption.—
15504         (1) Personal identifying information of a temporary cash
15505  assistance program participant, a participant’s family, or a
15506  participant’s family or household member, except for information
15507  identifying a parent who does not live in the same home as the
15508  child, held by the department, the Division of Early Learning
15509  Agency for Workforce Innovation, Workforce Florida, Inc., the
15510  Department of Health, the Department of Revenue, the Department
15511  of Education, or a regional workforce board or local committee
15512  created pursuant to s. 445.007 is confidential and exempt from
15513  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
15514  Such confidential and exempt information may be released for
15515  purposes directly connected with:
15516         (a) The administration of the temporary assistance for
15517  needy families plan under Title IV-A of the Social Security Act,
15518  as amended, by the department, the Division of Early Learning
15519  Agency for Workforce Innovation, Workforce Florida, Inc., the
15520  Department of Military Affairs, the Department of Health, the
15521  Department of Revenue, the Department of Education, a regional
15522  workforce board or local committee created pursuant to s.
15523  445.007, or a school district.
15524         (b) The administration of the state’s plan or program
15525  approved under Title IV-B, Title IV-D, or Title IV-E of the
15526  Social Security Act, as amended, or under Title I, Title X,
15527  Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
15528  Social Security Act, as amended.
15529         (c) Any investigation, prosecution, or any criminal, civil,
15530  or administrative proceeding conducted in connection with the
15531  administration of any of the plans or programs specified in
15532  paragraph (a) or paragraph (b) by a federal, state, or local
15533  governmental entity, upon request by that entity, when such
15534  request is made pursuant to the proper exercise of that entity’s
15535  duties and responsibilities.
15536         (d) The administration of any other state, federal, or
15537  federally assisted program that provides assistance or services
15538  on the basis of need, in cash or in kind, directly to a
15539  participant.
15540         (e) Any audit or similar activity, such as a review of
15541  expenditure reports or financial review, conducted in connection
15542  with the administration of any of the plans or programs
15543  specified in paragraph (a) or paragraph (b) by a governmental
15544  entity authorized by law to conduct such audit or activity.
15545         (f) The administration of the unemployment compensation
15546  program.
15547         (g) The reporting to the appropriate agency or official of
15548  information about known or suspected instances of physical or
15549  mental injury, sexual abuse or exploitation, or negligent
15550  treatment or maltreatment of a child or elderly person receiving
15551  assistance, if circumstances indicate that the health or welfare
15552  of the child or elderly person is threatened.
15553         (h) The administration of services to elderly persons under
15554  ss. 430.601-430.606.
15555         Section 320. Subsections (1) and (3) of section 414.411,
15556  Florida Statutes, are amended to read:
15557         414.411 Public assistance fraud.—
15558         (1) The Department of Financial Services shall investigate
15559  all public assistance provided to residents of the state or
15560  provided to others by the state. In the course of such
15561  investigation the department shall examine all records,
15562  including electronic benefits transfer records and make inquiry
15563  of all persons who may have knowledge as to any irregularity
15564  incidental to the disbursement of public moneys, food
15565  assistance, or other items or benefits authorizations to
15566  recipients. All public assistance recipients, as a condition
15567  precedent to qualification for public assistance under chapter
15568  409, chapter 411, or this chapter, must first give in writing,
15569  to the Agency for Health Care Administration, the Department of
15570  Health, the Department of Economic Opportunity Agency for
15571  Workforce Innovation, and the Department of Children and Family
15572  Services, as appropriate, and to the Department of Financial
15573  Services, consent to make inquiry of past or present employers
15574  and records, financial or otherwise.
15575         (3) The results of such investigation shall be reported by
15576  the Department of Financial Services to the appropriate
15577  legislative committees, the Agency for Health Care
15578  Administration, the Department of Health, the Department of
15579  Economic Opportunity Agency for Workforce Innovation, and the
15580  Department of Children and Family Services, and to such others
15581  as the department may determine.
15582         Section 321. Subsection (2) of section 418.12, Florida
15583  Statutes, is amended to read:
15584         418.12 Duties and functions of Division of Recreation and
15585  Parks.—Among its functions, the Division of Recreation and Parks
15586  of the Department of Environmental Protection shall:
15587         (2) Provide consultation assistance to the Department of
15588  Economic Opportunity Community Affairs and to local governing
15589  units as to the promotion, organization, and administration of
15590  local recreation systems and as to the planning and design of
15591  local recreation areas and facilities;
15592         Section 322. Paragraph (e) of subsection (3) and subsection
15593  (4) of section 420.0003, Florida Statutes, are amended to read:
15594         420.0003 State housing strategy.—
15595         (3) POLICIES.—
15596         (e) Housing production or rehabilitation programs.—New
15597  programs for housing production or rehabilitation shall be
15598  developed in accordance with the following general guidelines as
15599  appropriate for the purpose of the specific program:
15600         1. State and local governments shall provide incentives to
15601  encourage the private sector to be the primary delivery vehicle
15602  for the development of affordable housing.
15603         2. State funds should be heavily leveraged to achieve the
15604  maximum local and private commitment of funds while achieving
15605  the program objectives.
15606         3. To the maximum extent possible, state funds should be
15607  expended to provide housing units rather than to support program
15608  administration.
15609         4. State money should be used, when possible, as loans
15610  rather than grants.
15611         5. State funds should be available only to local
15612  governments that provide incentives or financial assistance for
15613  housing.
15614         6. State funds should be made available only for projects
15615  which are consistent with the local government comprehensive
15616  plan.
15617         7. State funding for housing should not be made available
15618  to local governments whose comprehensive plans have been found
15619  not in compliance with chapter 163 and who have not entered into
15620  a stipulated settlement agreement with the Department of
15621  Economic Opportunity the Department of Community Affairs to
15622  bring the plan into compliance.
15623         8. Mixed income projects should be encouraged, to avoid a
15624  concentration of low-income residents in one area or project.
15625         9. Distribution of state housing funds should be flexible
15626  and consider the regional and local needs, resources, and
15627  capabilities of housing producers.
15628         10. Income levels used to determine program eligibility
15629  should be adjusted for family size in determining the
15630  eligibility of specific beneficiaries.
15631         11. To the maximum extent possible, state-owned lands that
15632  are appropriate for the development of affordable housing shall
15633  be made available for that purpose.
15634         (4) IMPLEMENTATION.—The Department of Economic Opportunity
15635  The Department of Community Affairs and the Florida Housing
15636  Finance Corporation in carrying out the strategy articulated
15637  herein shall have the following duties:
15638         (a) The fiscal resources of the Department of Economic
15639  Opportunity the Department of Community Affairs shall be
15640  directed to achieve the following programmatic objectives:
15641         1. Effective technical assistance and capacity-building
15642  programs shall be established at the state and local levels.
15643         2. The Shimberg Center for Affordable Housing at the
15644  University of Florida shall develop and maintain statewide data
15645  on housing needs and production, provide technical assistance
15646  relating to real estate development and finance, operate an
15647  information clearinghouse on housing programs, and coordinate
15648  state housing initiatives with local government and federal
15649  programs.
15650         (b) The agency strategic plan of the Department of Economic
15651  Opportunity the Department of Community Affairs shall include
15652  specific goals, objectives, and strategies that implement the
15653  housing policies in this section and shall include the strategic
15654  plan for housing production prepared by the corporation pursuant
15655  to s. 420.511.
15656         (c) The Shimberg Center for Affordable Housing, in
15657  consultation with the Department of Economic Opportunity the
15658  Department of Community Affairs and the Florida Housing Finance
15659  Corporation, shall review and evaluate existing housing
15660  rehabilitation, production, and finance programs to determine
15661  their consistency with relevant policies in this section and
15662  identify the needs of specific populations, including, but not
15663  limited to, elderly and handicapped persons, and shall recommend
15664  statutory modifications where appropriate. The Shimberg Center
15665  for Affordable Housing, in consultation with the Department of
15666  Economic Opportunity the Department of Community Affairs and the
15667  corporation, shall also evaluate the degree of coordination
15668  between state housing programs, and between state, federal, and
15669  local housing activities, and shall recommend improved program
15670  linkages. The recommendations required above and a report of any
15671  programmatic modifications made as a result of these policies
15672  shall be included in the housing report required by s. 420.6075,
15673  beginning December 31, 1991, and every 5 years thereafter.
15674         (d) The department and the corporation are anticipated to
15675  conform the administrative rules for each housing program to the
15676  policies stated in this section, provided that such changes in
15677  the rules are consistent with the statutory intent or
15678  requirements for the program. This authority applies only to
15679  programs offering loans, grants, or tax credits and only to the
15680  extent that state policies are consistent with applicable
15681  federal requirements.
15682         Section 323. Subsection (6) of section 420.0004, Florida
15683  Statutes, is amended to read:
15684         420.0004 Definitions.—As used in this part, unless the
15685  context otherwise indicates:
15686         (6) “Department” means the Department of Economic
15687  Opportunity the Department of Community Affairs.
15688         Section 324. Section 420.0005, Florida Statutes, is amended
15689  to read:
15690         420.0005 State Housing Trust Fund; State Housing Fund.
15691  There is hereby established in the State Treasury a separate
15692  trust fund to be named the “State Housing Trust Fund.” There
15693  shall be deposited in the fund all moneys appropriated by the
15694  Legislature, or moneys received from any other source, for the
15695  purpose of this chapter, and all proceeds derived from the use
15696  of such moneys. The fund shall be administered by the Florida
15697  Housing Finance Corporation on behalf of the department, as
15698  specified in this chapter. Money deposited to the fund and
15699  appropriated by the Legislature must, notwithstanding the
15700  provisions of chapter 216 or s. 420.504(3), be transferred
15701  quarterly in advance, to the extent available, or, if not so
15702  available, as soon as received into the State Housing Trust
15703  Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
15704  by the Chief Financial Officer to the corporation upon
15705  certification by the executive director of the Department of
15706  Economic Opportunity Secretary of Community Affairs that the
15707  corporation is in compliance with the requirements of s.
15708  420.0006. The certification made by the secretary shall also
15709  include the split of funds among programs administered by the
15710  corporation and the department as specified in chapter 92-317,
15711  Laws of Florida, as amended. Moneys advanced by the Chief
15712  Financial Officer must be deposited by the corporation into a
15713  separate fund established with a qualified public depository
15714  meeting the requirements of chapter 280 to be named the “State
15715  Housing Fund” and used for the purposes of this chapter.
15716  Administrative and personnel costs incurred in implementing this
15717  chapter may be paid from the State Housing Fund, but such costs
15718  may not exceed 5 percent of the moneys deposited into such fund.
15719  To the State Housing Fund shall be credited all loan repayments,
15720  penalties, and other fees and charges accruing to such fund
15721  under this chapter. It is the intent of this chapter that all
15722  loan repayments, penalties, and other fees and charges collected
15723  be credited in full to the program account from which the loan
15724  originated. Moneys in the State Housing Fund which are not
15725  currently needed for the purposes of this chapter shall be
15726  invested in such manner as is provided for by statute. The
15727  interest received on any such investment shall be credited to
15728  the State Housing Fund.
15729         Section 325. Paragraph (d) of subsection (1) of section
15730  420.101, Florida Statutes, is amended to read:
15731         420.101 Housing Development Corporation of Florida;
15732  creation, membership, and purposes.—
15733         (1) Twenty-five or more persons, a majority of whom shall
15734  be residents of this state, who may desire to create a housing
15735  development corporation under the provisions of this part for
15736  the purpose of promoting and developing housing and advancing
15737  the prosperity and economic welfare of the state and, to that
15738  end, to exercise the powers and privileges hereinafter provided,
15739  may be incorporated by filing in the Department of State, as
15740  hereinafter provided, articles of incorporation. The articles of
15741  incorporation shall contain:
15742         (d) The names and post office addresses of the members of
15743  the first board of directors. The first board of directors shall
15744  be elected by and from the stockholders of the corporation and
15745  shall consist of 21 members. However, five of such members shall
15746  consist of the following persons, who shall be nonvoting
15747  members: the secretary of the Department of Economic Opportunity
15748  Community Affairs or her or his designee; the head of the
15749  Department of Financial Services or her or his designee with
15750  expertise in banking matters; a designee of the head of the
15751  Department of Financial Services with expertise in insurance
15752  matters; one state senator appointed by the President of the
15753  Senate; and one representative appointed by the Speaker of the
15754  House of Representatives.
15755         Section 326. Subsection (8) of section 420.111, Florida
15756  Statutes, is amended to read:
15757         420.111 Housing Development Corporation of Florida;
15758  additional powers.—In furtherance of its purposes and in
15759  addition to the powers now or hereafter conferred on business
15760  corporations by chapter 607, the corporation shall, subject to
15761  the restrictions and limitations herein contained, have the
15762  following powers:
15763         (8) To cooperate with, and avail itself of the facilities
15764  of, the United States Department of Housing and Urban
15765  Development, the Department of Economic Opportunity Community
15766  Affairs, and any other similar local, state, or Federal
15767  Government agency; and to cooperate with and assist, and
15768  otherwise encourage, organizations in the various communities of
15769  the state on the promotion, assistance, and development of the
15770  housing and economic welfare of such communities or of this
15771  state or any part thereof.
15772         Section 327. Section 420.36, Florida Statutes, is amended
15773  to read:
15774         420.36 Low-income Emergency Home Repair Program.—There is
15775  established within the Department of Economic Opportunity
15776  Community Affairs the Low-income Emergency Home Repair Program
15777  to assist low-income persons, especially the elderly and
15778  physically disabled, in making emergency repairs which directly
15779  affect their health and safety.
15780         (1) As used in this section, the term:
15781         (a) “Grantee” means a local public or private nonprofit
15782  agency currently receiving funds from the department to conduct
15783  a weatherization assistance program in one or more counties or a
15784  public or nonprofit agency chosen as outlined in subparagraph
15785  (4)(c)4.
15786         (b) “Subgrantee” means a local public or private nonprofit
15787  agency experienced in weatherization, emergency repairs, or
15788  rehabilitation of housing.
15789         (2) A person is eligible to receive assistance if that
15790  person has an income in relation to that person’s family size
15791  which is at or below 125 percent of the poverty level as
15792  specified annually in the federal Office of Management and
15793  Budget Poverty Guidelines. Eligible persons over 60 years of age
15794  and eligible persons who are physically disabled shall be given
15795  priority in the program.
15796         (3)(a) Allowable repairs, including materials and labor,
15797  which may be charged under the program include:
15798         1. Correcting deficiencies in support beams, load-bearing
15799  walls, and floor joists.
15800         2. Repair or replacement of unsafe or nonfunctional space
15801  heating or water heating systems.
15802         3. Egress or physically disabled accessibility repairs,
15803  improvements, or assistive devices, including wheelchair ramps,
15804  steps, porches, handrails, or other health and safety measures.
15805         4. Plumbing, pump, well, and line repairs to ensure safe
15806  drinking water and sanitary sewage.
15807         5. Electrical repairs.
15808         6. Repairs to deteriorating walls, floors, and roofs.
15809         7. Other interior and exterior repairs as necessary for the
15810  health and safety of the resident.
15811         (b) Administrative expenses may not exceed 10 percent of
15812  the total grant funds.
15813         (c) Each grantee shall be required to provide an in-kind or
15814  cash match of at least 20 percent of the funds granted. Grantees
15815  and subgrantees shall be encouraged to use community resources
15816  to provide such match, including family, church, and
15817  neighborhood volunteers and materials provided by local groups
15818  and businesses. Grantees shall coordinate with local governments
15819  through their community development block grant entitlement
15820  programs and other housing programs, local housing partnerships,
15821  and agencies under contract to a lead agency for the provisions
15822  of services under the Community Care for the Elderly Act, ss.
15823  430.201-430.207.
15824         (4)(a) Funds appropriated to the department for the program
15825  shall be deposited in the Energy Consumption Trust Fund.
15826  Administrative and personnel costs incurred by the department in
15827  implementing the provisions of this section may be paid from the
15828  fund.
15829         (b) The grantee may subgrant these funds to a subgrantee if
15830  the grantee is unable to serve all of the county or the target
15831  population. Grantee and subgrantee eligibility shall be
15832  determined by the department.
15833         (c) Funds shall be distributed to grantees and subgrantees
15834  as follows:
15835         1. For each county, a base amount of at least $3,000 shall
15836  be set aside from the total funds available, and such amount
15837  shall be deducted from the total amount appropriated by the
15838  Legislature.
15839         2. The balance of the funds appropriated by the Legislature
15840  shall be divided by the total poverty population of the state,
15841  and this quotient shall be multiplied by each county’s share of
15842  the poverty population. That amount plus the base of at least
15843  $3,000 shall constitute each county’s share. A grantee which
15844  serves more than one county shall receive the base amount plus
15845  the poverty population share for each county to be served.
15846  Contracts with grantees may be renewed annually.
15847         3. The funds allocated to each county shall be offered
15848  first to an existing weatherization assistance program grantee
15849  in good standing, as determined by the department, that can
15850  provide services to the target population of low-income persons,
15851  low-income elderly persons, and low-income physically disabled
15852  persons throughout the county.
15853         4. If a weatherization assistance program grantee is not
15854  available to serve the entire county area, the funds shall be
15855  distributed through the following process:
15856         a. An announcement of funding availability shall be
15857  provided to the county. The county may elect to administer the
15858  program.
15859         b. If the county elects not to administer the program, the
15860  department shall establish rules to address the selection of one
15861  or more public or private not-for-profit agencies that are
15862  experienced in weatherization, rehabilitation, or emergency
15863  repair to administer the program.
15864         5. If no eligible agency agrees to serve a county, the
15865  funds for that county shall be distributed to grantees having
15866  the best performance record as determined by department rule. At
15867  the end of the contract year, any uncontracted or unexpended
15868  funds shall be returned to the Energy Consumption Trust Fund and
15869  reallocated under the next year’s contracting cycle.
15870         (5) The department may perform all actions appropriate and
15871  necessary to carry out the purposes of this section, including,
15872  but not limited to:
15873         (a) Entering into contracts and agreements with the Federal
15874  Government, agencies of the state, local governments, or any
15875  person, association, corporation, or entity.
15876         (b) Seeking and accepting funding from any public or
15877  private source.
15878         (c) Adopting and enforcing rules consistent with this
15879  section.
15880         Section 328. Subsections (1) and (2) of section 420.424,
15881  Florida Statutes, are amended, and subsections (3) through (7)
15882  of that section are redesignated as subsections (2) through (6),
15883  to read:
15884         420.424 Definitions.—As used in ss. 420.421-420.429:
15885         (1) “Department” means the Department of Economic
15886  Opportunity Community Affairs.
15887         (2)“Secretary” means the Secretary of Community Affairs.
15888         Section 329. Subsection (12) of section 420.503, Florida
15889  Statutes, is amended to read:
15890         420.503 Definitions.—As used in this part, the term:
15891         (12) “Department” means the Department of Economic
15892  Opportunity the Department of Community Affairs.
15893         Section 330. Subsections (1) and (3) of section 420.504,
15894  Florida Statutes, are amended to read:
15895         420.504 Public corporation; creation, membership, terms,
15896  expenses.—
15897         (1) There is created within the Department of Economic
15898  Opportunity the Department of Community Affairs a public
15899  corporation and a public body corporate and politic, to be known
15900  as the “Florida Housing Finance Corporation.” It is declared to
15901  be the intent of and constitutional construction by the
15902  Legislature that the Florida Housing Finance Corporation
15903  constitutes an entrepreneurial public corporation organized to
15904  provide and promote the public welfare by administering the
15905  governmental function of financing or refinancing housing and
15906  related facilities in Florida and that the corporation is not a
15907  department of the executive branch of state government within
15908  the scope and meaning of s. 6, Art. IV of the State
15909  Constitution, but is functionally related to the Department of
15910  Economic Opportunity the Department of Community Affairs in
15911  which it is placed. The executive function of state government
15912  to be performed by the executive director of the Department of
15913  Economic Opportunity secretary of the department in the conduct
15914  of the business of the Florida Housing Finance Corporation must
15915  be performed pursuant to a contract to monitor and set
15916  performance standards for the implementation of the business
15917  plan for the provision of housing approved for the corporation
15918  as provided in s. 420.0006. This contract shall include the
15919  performance standards for the provision of affordable housing in
15920  Florida established in the business plan described in s.
15921  420.511.
15922         (3) The corporation is a separate budget entity and is not
15923  subject to control, supervision, or direction by the Department
15924  of Economic Opportunity the Department of Community Affairs in
15925  any manner, including, but not limited to, personnel,
15926  purchasing, transactions involving real or personal property,
15927  and budgetary matters. The corporation shall consist of a board
15928  of directors composed of the executive director of the
15929  Department of Economic Opportunity Secretary of Community
15930  Affairs as an ex officio and voting member, or a senior-level
15931  agency employee designated by the director, and eight members
15932  appointed by the Governor subject to confirmation by the Senate
15933  from the following:
15934         (a) One citizen actively engaged in the residential home
15935  building industry.
15936         (b) One citizen actively engaged in the banking or mortgage
15937  banking industry.
15938         (c) One citizen who is a representative of those areas of
15939  labor engaged in home building.
15940         (d) One citizen with experience in housing development who
15941  is an advocate for low-income persons.
15942         (e) One citizen actively engaged in the commercial building
15943  industry.
15944         (f) One citizen who is a former local government elected
15945  official.
15946         (g) Two citizens of the state who are not principally
15947  employed as members or representatives of any of the groups
15948  specified in paragraphs (a)-(f).
15949         Section 331. Section 420.506, Florida Statutes, is amended
15950  to read:
15951         420.506 Executive director; agents and employees; inspector
15952  general.—
15953         (1) The appointment and removal of an executive director
15954  shall be by the executive director of the Department of Economic
15955  Opportunity Secretary of Community Affairs, with the advice and
15956  consent of the corporation’s board of directors. The executive
15957  director shall employ legal and technical experts and such other
15958  agents and employees, permanent and temporary, as the
15959  corporation may require, and shall communicate with and provide
15960  information to the Legislature with respect to the corporation’s
15961  activities. The board is authorized, notwithstanding the
15962  provisions of s. 216.262, to develop and implement rules
15963  regarding the employment of employees of the corporation and
15964  service providers, including legal counsel. The board of
15965  directors of the corporation is entitled to establish travel
15966  procedures and guidelines for employees of the corporation. The
15967  executive director’s office and the corporation’s files and
15968  records must be located in Leon County.
15969         (2) The appointment and removal of an inspector general
15970  shall be by the executive director, with the advice and consent
15971  of the corporation’s board of directors. The corporation’s
15972  inspector general shall perform for the corporation the
15973  functions set forth in s. 20.055. The inspector general shall
15974  administratively report to the executive director. The inspector
15975  general shall meet the minimum qualifications as set forth s.
15976  20.055(4). The corporation may establish additional
15977  qualifications deemed necessary by the board of directors to
15978  meet the unique needs of the corporation. The inspector general
15979  shall be responsible for coordinating the responsibilities set
15980  forth in s. 420.0006.
15981         Section 332. Paragraph (e) of subsection (12) of section
15982  420.5095, Florida Statutes, is amended to read:
15983         420.5095 Community Workforce Housing Innovation Pilot
15984  Program.—
15985         (12) All eligible applications shall:
15986         (e) Demonstrate how the applicant will use the regulatory
15987  incentives and financial strategies outlined in subsection (8)
15988  from the local jurisdiction in which the proposed project is to
15989  be located. The corporation may consult with the Department of
15990  Economic Opportunity the Department of Community Affairs in
15991  evaluating the use of regulatory incentives by applicants.
15992         Section 333. Subsections (6) through (10) of section
15993  420.602, Florida Statutes, are amended, and a new subsection (7)
15994  is added to that section, to read:
15995         420.602 Definitions.—As used in this part, the following
15996  terms shall have the following meanings, unless the context
15997  otherwise requires:
15998         (6) “Department” means the Department of Economic
15999  Opportunity the Department of Community Affairs.
16000         (7)“Director” means the executive director of the
16001  Department of Economic Opportunity.
16002         (8)(7) “Fund” means the Florida Affordable Housing Trust
16003  Fund as created in this part.
16004         (9)(8) “Low-income persons” means one or more natural
16005  persons or a family, the total annual adjusted gross household
16006  income of which does not exceed 80 percent of the median annual
16007  adjusted gross income for households within the state, or 80
16008  percent of the median annual adjusted gross income for
16009  households within the metropolitan statistical area (MSA) or, if
16010  not within an MSA, within the county in which the person or
16011  family resides, whichever is greater.
16012         (10)(9) “Moderate-income persons” means one or more natural
16013  persons or a family, the total annual adjusted gross household
16014  income of which is less than 120 percent of the median annual
16015  adjusted gross income for households within the state, or 120
16016  percent of the median annual adjusted gross income for
16017  households within the metropolitan statistical area (MSA) or, if
16018  not within an MSA, within the county in which the household is
16019  located, whichever is greater.
16020         (10)“Secretary” means the Secretary of Community Affairs.
16021         Section 334. Subsections (3) and (4) of section 420.606,
16022  Florida Statutes, are amended to read:
16023         420.606 Training and technical assistance program.—
16024         (3) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.—The
16025  Department of Economic Opportunity Community Affairs shall be
16026  responsible for securing the necessary expertise to provide
16027  training and technical assistance to staff of local governments,
16028  to staff of state agencies, as appropriate, and to community
16029  based organizations, and to persons forming such organizations,
16030  which are formed for the purpose of developing new housing and
16031  rehabilitating existing housing which is affordable for very
16032  low-income persons, low-income persons, and moderate-income
16033  persons.
16034         (a) The training component of the program shall be designed
16035  to build the housing development capacity of community-based
16036  organizations and local governments as a permanent resource for
16037  the benefit of communities in this state.
16038         1. The scope of training shall include, but not be limited
16039  to, real estate development skills related to affordable
16040  housing, including the construction process and property
16041  management and disposition, the development of public-private
16042  partnerships to reduce housing costs, model housing projects,
16043  and management and board responsibilities of community-based
16044  organizations.
16045         2. Training activities may include, but are not limited to,
16046  materials for self-instruction, workshops, seminars,
16047  internships, coursework, and special programs developed in
16048  conjunction with state universities and community colleges.
16049         (b) The technical assistance component of the program shall
16050  be designed to assist applicants for state-administered programs
16051  in developing applications and in expediting project
16052  implementation. Technical assistance activities for the staffs
16053  of community-based organizations and local governments who are
16054  directly involved in the production of affordable housing may
16055  include, but are not limited to, workshops for program
16056  applicants, onsite visits, guidance in achieving project
16057  completion, and a newsletter to community-based organizations
16058  and local governments.
16059         (4) POWERS.—The Department of Economic Opportunity
16060  Community Affairs may do all things necessary or appropriate to
16061  carry out the purposes of this section, including exercising the
16062  power to:
16063         (a) Enter into contracts and agreements with the Federal
16064  Government or with other agencies of the state, with local
16065  governments, or with any other person, association, corporation,
16066  or entity;
16067         (b) Seek and accept funding from any public or private
16068  source; and
16069         (c) Adopt and enforce rules consistent with this section.
16070         Section 335. Subsection (5) of section 420.609, Florida
16071  Statutes, is amended to read:
16072         420.609 Affordable Housing Study Commission.—Because the
16073  Legislature firmly supports affordable housing in Florida for
16074  all economic classes:
16075         (5) The commission shall review, evaluate, and make
16076  recommendations regarding existing and proposed housing programs
16077  and initiatives. The commission shall provide these and any
16078  other housing recommendations to the director of the department
16079  secretary of the Department of Community Affairs and the
16080  executive director of the corporation.
16081         Section 336. Subsection (2) of section 420.622, Florida
16082  Statutes, is amended to read:
16083         420.622 State Office on Homelessness; Council on
16084  Homelessness.—
16085         (2) The Council on Homelessness is created to consist of a
16086  17-member council of public and private agency representatives
16087  who shall develop policy and advise the State Office on
16088  Homelessness. The council members shall be: the Secretary of
16089  Children and Family Services, or his or her designee; the
16090  executive director of the Department of Economic Opportunity
16091  Secretary of Community Affairs, or his or her designee, to
16092  advise the council on issues related to rural development; the
16093  State Surgeon General, or his or her designee; the Executive
16094  Director of Veterans’ Affairs, or his or her designee; the
16095  Secretary of Corrections, or his or her designee; the Secretary
16096  of Health Care Administration, or his or her designee; the
16097  Commissioner of Education, or his or her designee; the Director
16098  of Workforce Florida, Inc., or his or her designee; one
16099  representative of the Florida Association of Counties; one
16100  representative from the Florida League of Cities; one
16101  representative of the Florida Supportive Housing Coalition; the
16102  Executive Director of the Florida Housing Finance Corporation,
16103  or his or her designee; one representative of the Florida
16104  Coalition for the Homeless; and four members appointed by the
16105  Governor. The council members shall be volunteer, nonpaid
16106  persons and shall be reimbursed for travel expenses only. The
16107  appointed members of the council shall be appointed to staggered
16108  2-year terms, and the council shall meet at least four times per
16109  year. The importance of minority, gender, and geographic
16110  representation must be considered when appointing members to the
16111  council.
16112         Section 337. Subsections (2) through (9) of section
16113  420.631, Florida Statutes, are amended to read:
16114         420.631 Definitions relating to Urban Homesteading Act.—As
16115  used in ss. 420.630-420.635:
16116         (2) “Department” means the Department of Community Affairs.
16117         (2)(3) “Homestead agreement” means a written contract
16118  between a local government or its designee and a qualified buyer
16119  which contains the terms under which the qualified buyer may
16120  acquire a single-family housing property.
16121         (3)(4) “Local government” means any county or incorporated
16122  municipality within this state.
16123         (4)(5) “Designee” means a housing authority appointed by a
16124  local government, or a nonprofit community organization
16125  appointed by a local government, to administer the urban
16126  homesteading program for single-family housing under ss.
16127  420.630-420.635.
16128         (5)(6) “Nonprofit community organization” means an
16129  organization that is exempt from taxation under s. 501(c)(3) of
16130  the Internal Revenue Code.
16131         (6)(7) “Office” means the Office of Urban Opportunity
16132  within the Department of Economic Opportunity Community Affairs.
16133         (7)(8) “Qualified buyer” means a person who meets the
16134  criteria under s. 420.633.
16135         (8)(9) “Qualified loan rate” means an interest rate that
16136  does not exceed the interest rate charged for home improvement
16137  loans by the Federal Housing Administration under Title I of the
16138  National Housing Act, ch. 847, 48 Stat. 1246, or 12 U.S.C. ss.
16139  1702, 1703, 1705, and 1706b et seq.
16140         Section 338. Section 420.635, Florida Statutes, is amended
16141  to read:
16142         420.635 Loans to qualified buyers.—Contingent upon an
16143  appropriation, the Department of Economic Opportunity, in
16144  consultation with the Office of Urban Opportunity, shall provide
16145  loans to qualified buyers who are required to pay the pro rata
16146  portion of the bonded debt on single-family housing pursuant to
16147  s. 420.634. Loans provided under this section shall be made at a
16148  rate of interest which does not exceed the qualified loan rate.
16149  A buyer must maintain the qualifications specified in s. 420.633
16150  for the full term of the loan. The loan agreement may contain
16151  additional terms and conditions as determined by the department.
16152         Section 339. Section 421.001, Florida Statutes, is amended
16153  to read:
16154         421.001 State role in housing and urban development.—The
16155  role of state government required by part I of chapter 421
16156  (Housing Authorities Law), chapter 422 (Housing Cooperation
16157  Law), and chapter 423 (Tax Exemption of Housing Authorities) is
16158  the responsibility of the Department of Economic Opportunity
16159  Community Affairs; and the department is the agency of state
16160  government responsible for the state’s role in housing and urban
16161  development.
16162         Section 340. Section 422.001, Florida Statutes, is amended
16163  to read:
16164         422.001 State role in housing and urban development.—The
16165  role of state government required by part I of chapter 421
16166  (Housing Authorities Law), chapter 422 (Housing Cooperation
16167  Law), and chapter 423 (Tax Exemption of Housing Authorities) is
16168  the responsibility of the Department of Economic Opportunity
16169  Community Affairs; and the department is the agency of state
16170  government responsible for the state’s role in housing and urban
16171  development.
16172         Section 341. Section 423.001, Florida Statutes, is amended
16173  to read:
16174         423.001 State role in housing and urban development.—The
16175  role of state government required by part I of chapter 421
16176  (Housing Authorities Law), chapter 422 (Housing Cooperation
16177  Law), and chapter 423 (Tax Exemption of Housing Authorities) is
16178  the responsibility of the Department of Economic Opportunity
16179  Community Affairs; and the department is the agency of state
16180  government responsible for the state’s role in housing and urban
16181  development.
16182         Section 342. Paragraph (g) of subsection (1) of section
16183  427.012, Florida Statutes, is amended to read:
16184         427.012 The Commission for the Transportation
16185  Disadvantaged.—There is created the Commission for the
16186  Transportation Disadvantaged in the Department of
16187  Transportation.
16188         (1) The commission shall consist of seven members, all of
16189  whom shall be appointed by the Governor, in accordance with the
16190  requirements of s. 20.052.
16191         (g) The Secretary of Transportation, the Secretary of
16192  Children and Family Services, the executive director of Economic
16193  Opportunity director of Workforce Innovation, the executive
16194  director of the Department of Veterans’ Affairs, the Secretary
16195  of Elderly Affairs, the Secretary of Health Care Administration,
16196  the director of the Agency for Persons with Disabilities, and a
16197  county manager or administrator who is appointed by the
16198  Governor, or a senior management level representative of each,
16199  shall serve as ex officio, nonvoting advisors to the commission.
16200         Section 343. Paragraph (b) of subsection (1) of section
16201  429.41, Florida Statutes, is amended to read:
16202         429.41 Rules establishing standards.—
16203         (1) It is the intent of the Legislature that rules
16204  published and enforced pursuant to this section shall include
16205  criteria by which a reasonable and consistent quality of
16206  resident care and quality of life may be ensured and the results
16207  of such resident care may be demonstrated. Such rules shall also
16208  ensure a safe and sanitary environment that is residential and
16209  noninstitutional in design or nature. It is further intended
16210  that reasonable efforts be made to accommodate the needs and
16211  preferences of residents to enhance the quality of life in a
16212  facility. The agency, in consultation with the department, may
16213  adopt rules to administer the requirements of part II of chapter
16214  408. In order to provide safe and sanitary facilities and the
16215  highest quality of resident care accommodating the needs and
16216  preferences of residents, the department, in consultation with
16217  the agency, the Department of Children and Family Services, and
16218  the Department of Health, shall adopt rules, policies, and
16219  procedures to administer this part, which must include
16220  reasonable and fair minimum standards in relation to:
16221         (b) The preparation and annual update of a comprehensive
16222  emergency management plan. Such standards must be included in
16223  the rules adopted by the department after consultation with the
16224  Division of Emergency Management Department of Community
16225  Affairs. At a minimum, the rules must provide for plan
16226  components that address emergency evacuation transportation;
16227  adequate sheltering arrangements; postdisaster activities,
16228  including provision of emergency power, food, and water;
16229  postdisaster transportation; supplies; staffing; emergency
16230  equipment; individual identification of residents and transfer
16231  of records; communication with families; and responses to family
16232  inquiries. The comprehensive emergency management plan is
16233  subject to review and approval by the local emergency management
16234  agency. During its review, the local emergency management agency
16235  shall ensure that the following agencies, at a minimum, are
16236  given the opportunity to review the plan: the Department of
16237  Elderly Affairs, the Department of Health, the Agency for Health
16238  Care Administration, and the Division of Emergency Management
16239  Department of Community Affairs. Also, appropriate volunteer
16240  organizations must be given the opportunity to review the plan.
16241  The local emergency management agency shall complete its review
16242  within 60 days and either approve the plan or advise the
16243  facility of necessary revisions.
16244         Section 344. Paragraph (b) of subsection (2) of section
16245  429.907, Florida Statutes, is amended to read:
16246         429.907 License requirement; fee; exemption; display.—
16247         (2)
16248         (b) If In the event a licensed center becomes wholly or
16249  substantially unusable due to a disaster as defined in s.
16250  252.34(1) or due to an emergency as those terms are defined in
16251  s. 252.34(3):
16252         1. The licensee may continue to operate under its current
16253  license in a premise or premises separate from that authorized
16254  under the license if the licensee has:
16255         a. Specified the location of the premise or premises in its
16256  comprehensive emergency management plan submitted to and
16257  approved by the applicable county emergency management
16258  authority; and
16259         b. Notified the agency and the county emergency management
16260  authority within 24 hours of operating in the separate premise
16261  or premises.
16262         2. The licensee shall operate the separate premise or
16263  premises only while the licensed center’s original location is
16264  substantially unusable and for up to no longer than 180 days.
16265  The agency may extend use of the alternate premise or premises
16266  beyond the initial 180 days. The agency may also review the
16267  operation of the disaster premise or premises quarterly.
16268         Section 345. Paragraph (g) of subsection (1) of section
16269  429.929, Florida Statutes, is amended to read:
16270         429.929 Rules establishing standards.—
16271         (1) The agency, in consultation with the department, may
16272  adopt rules to administer the requirements of part II of chapter
16273  408. The Department of Elderly Affairs, in conjunction with the
16274  agency, shall adopt rules to implement the provisions of this
16275  part. The rules must include reasonable and fair standards. Any
16276  conflict between these standards and those that may be set forth
16277  in local, county, or municipal ordinances shall be resolved in
16278  favor of those having statewide effect. Such standards must
16279  relate to:
16280         (g) Components of a comprehensive emergency management
16281  plan, developed in consultation with the Department of Health,
16282  the Agency for Health Care Administration, and the Division of
16283  Emergency Management Department of Community Affairs.
16284         Section 346. Subsection (2) of section 440.12, Florida
16285  Statutes, is amended to read:
16286         440.12 Time for commencement and limits on weekly rate of
16287  compensation.—
16288         (2) Compensation for disability resulting from injuries
16289  which occur after December 31, 1974, shall not be less than $20
16290  per week. However, if the employee’s wages at the time of injury
16291  are less than $20 per week, he or she shall receive his or her
16292  full weekly wages. If the employee’s wages at the time of the
16293  injury exceed $20 per week, compensation shall not exceed an
16294  amount per week which is:
16295         (a) Equal to 100 percent of the statewide average weekly
16296  wage, determined as hereinafter provided for the year in which
16297  the injury occurred; however, the increase to 100 percent from
16298  66 2/3 percent of the statewide average weekly wage shall apply
16299  only to injuries occurring on or after August 1, 1979; and
16300         (b) Adjusted to the nearest dollar.
16301  
16302  For the purpose of this subsection, the “statewide average
16303  weekly wage” means the average weekly wage paid by employers
16304  subject to the Florida Unemployment Compensation Law as reported
16305  to the Department of Economic Opportunity Agency for Workforce
16306  Innovation for the four calendar quarters ending each June 30,
16307  which average weekly wage shall be determined by the Department
16308  of Economic Opportunity Agency for Workforce Innovation on or
16309  before November 30 of each year and shall be used in determining
16310  the maximum weekly compensation rate with respect to injuries
16311  occurring in the calendar year immediately following. The
16312  statewide average weekly wage determined by the Department of
16313  Economic Opportunity Agency for Workforce Innovation shall be
16314  reported annually to the Legislature.
16315         Section 347. Paragraph (c) of subsection (9) of section
16316  440.15, Florida Statutes, is amended to read:
16317         440.15 Compensation for disability.—Compensation for
16318  disability shall be paid to the employee, subject to the limits
16319  provided in s. 440.12(2), as follows:
16320         (9) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER AND
16321  FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE ACT.—
16322         (c) Disability compensation benefits payable for any week,
16323  including those benefits provided by paragraph (1)(f), may not
16324  be reduced pursuant to this subsection until the Social Security
16325  Administration determines the amount otherwise payable to the
16326  employee under 42 U.S.C. ss. 402 and 423 and the employee has
16327  begun receiving such social security benefit payments. The
16328  employee shall, upon demand by the department, the employer, or
16329  the carrier, authorize the Social Security Administration to
16330  release disability information relating to her or him and
16331  authorize the Department of Economic Opportunity Agency for
16332  Workforce Innovation to release unemployment compensation
16333  information relating to her or him, in accordance with rules to
16334  be adopted by the department prescribing the procedure and
16335  manner for requesting the authorization and for compliance by
16336  the employee. The department or the employer or carrier may not
16337  make any payment of benefits for total disability or those
16338  additional benefits provided by paragraph (1)(f) for any period
16339  during which the employee willfully fails or refuses to
16340  authorize the release of information in the manner and within
16341  the time prescribed by such rules. The authority for release of
16342  disability information granted by an employee under this
16343  paragraph is effective for a period not to exceed 12 months and
16344  such authority may be renewed, as the department prescribes by
16345  rule.
16346         Section 348. Paragraph (b) of subsection (2) of section
16347  440.45, Florida Statutes, is amended to read:
16348         440.45 Office of the Judges of Compensation Claims.—
16349         (2)
16350         (b) Except as provided in paragraph (c), the Governor shall
16351  appoint a judge of compensation claims from a list of three
16352  persons nominated by a statewide nominating commission. The
16353  statewide nominating commission shall be composed of the
16354  following:
16355         1. Five members, at least one of whom must be a member of a
16356  minority group as defined in s. 288.703(3), one of each who
16357  resides in each of the territorial jurisdictions of the district
16358  courts of appeal, appointed by the Board of Governors of The
16359  Florida Bar from among The Florida Bar members who are engaged
16360  in the practice of law. On July 1, 1999, the term of office of
16361  each person appointed by the Board of Governors of The Florida
16362  Bar to the commission expires. The Board of Governors shall
16363  appoint members who reside in the odd-numbered district court of
16364  appeal jurisdictions to 4-year terms each, beginning July 1,
16365  1999, and members who reside in the even-numbered district court
16366  of appeal jurisdictions to 2-year terms each, beginning July 1,
16367  1999. Thereafter, each member shall be appointed for a 4-year
16368  term;
16369         2. Five electors, at least one of whom must be a member of
16370  a minority group as defined in s. 288.703(3), one of each who
16371  resides in each of the territorial jurisdictions of the district
16372  courts of appeal, appointed by the Governor. On July 1, 1999,
16373  the term of office of each person appointed by the Governor to
16374  the commission expires. The Governor shall appoint members who
16375  reside in the odd-numbered district court of appeal
16376  jurisdictions to 2-year terms each, beginning July 1, 1999, and
16377  members who reside in the even-numbered district court of appeal
16378  jurisdictions to 4-year terms each, beginning July 1, 1999.
16379  Thereafter, each member shall be appointed for a 4-year term;
16380  and
16381         3. Five electors, at least one of whom must be a member of
16382  a minority group as defined in s. 288.703(3), one of each who
16383  resides in the territorial jurisdictions of the district courts
16384  of appeal, selected and appointed by a majority vote of the
16385  other 10 members of the commission. On October 1, 1999, the term
16386  of office of each person appointed to the commission by its
16387  other members expires. A majority of the other members of the
16388  commission shall appoint members who reside in the odd-numbered
16389  district court of appeal jurisdictions to 2-year terms each,
16390  beginning October 1, 1999, and members who reside in the even
16391  numbered district court of appeal jurisdictions to 4-year terms
16392  each, beginning October 1, 1999. Thereafter, each member shall
16393  be appointed for a 4-year term.
16394  
16395  A vacancy occurring on the commission shall be filled by the
16396  original appointing authority for the unexpired balance of the
16397  term. No attorney who appears before any judge of compensation
16398  claims more than four times a year is eligible to serve on the
16399  statewide nominating commission. The meetings and determinations
16400  of the nominating commission as to the judges of compensation
16401  claims shall be open to the public.
16402         Section 349. Subsection (1), paragraph (a) of subsection
16403  (3), and subsection (6) of section 473.3065, Florida Statutes,
16404  are amended to read:
16405         473.3065 Certified Public Accountant Education Minority
16406  Assistance Program; advisory council.—
16407         (1) The Certified Public Accountant Education Minority
16408  Assistance Program for Florida residents is hereby established
16409  in the division for the purpose of providing scholarships to
16410  minority persons, as defined in s. 288.703(3), who are students
16411  enrolled in their fifth year of an accounting education program
16412  at an institution in this state approved by the board by rule. A
16413  Certified Public Accountant Education Minority Assistance
16414  Advisory Council shall assist the board in administering the
16415  program.
16416         (3) The board shall adopt rules as necessary for
16417  administration of the program, including rules relating to the
16418  following:
16419         (a) Eligibility criteria for receipt of a scholarship,
16420  which, at a minimum, shall include the following factors:
16421         1. Financial need.
16422         2. Ethnic, gender, or racial minority status pursuant to s.
16423  288.703(4)(3).
16424         3. Scholastic ability and performance.
16425         (6) There is hereby created the Certified Public Accountant
16426  Education Minority Assistance Advisory Council to assist the
16427  board in administering the program. The council shall be diverse
16428  and representative of the gender, ethnic, and racial categories
16429  set forth in s. 288.703(4)(3).
16430         (a) The council shall consist of five licensed Florida
16431  certified public accountants selected by the board, of whom one
16432  shall be a board member who serves as chair of the council, one
16433  shall be a representative of the National Association of Black
16434  Accountants, one shall be a representative of the Cuban American
16435  CPA Association, and two shall be selected at large. At least
16436  one member of the council must be a woman.
16437         (b) The board shall determine the terms for initial
16438  appointments and appointments thereafter.
16439         (c) Any vacancy on the council shall be filled in the
16440  manner provided for the selection of the initial member. Any
16441  member appointed to fill a vacancy of an unexpired term shall be
16442  appointed for the remainder of that term.
16443         (d) Three consecutive absences or absences constituting 50
16444  percent or more of the council’s meetings within any 12-month
16445  period shall cause the council membership of the member in
16446  question to become void, and the position shall be considered
16447  vacant.
16448         (e) The members of the council shall serve without
16449  compensation, and any necessary and actual expenses incurred by
16450  a member while engaged in the business of the council shall be
16451  borne by such member or by the organization or agency such
16452  member represents. However, the council member who is a member
16453  of the board shall be compensated in accordance with the
16454  provisions of ss. 455.207(4) and 112.061.
16455         Section 350. Subsections (4) and (7) of section 440.381,
16456  Florida Statutes, are amended to read:
16457         440.381 Application for coverage; reporting payroll;
16458  payroll audit procedures; penalties.—
16459         (4) Each employer must submit a copy of the quarterly
16460  earnings earning report required by chapter 443 at the end of
16461  each quarter to the carrier and submit self-audits supported by
16462  the quarterly earnings reports required by chapter 443 and the
16463  rules adopted by the Department of Economic Opportunity Agency
16464  for Workforce Innovation or by the state agency providing
16465  unemployment tax collection services under contract with the
16466  Department of Economic Opportunity Agency for Workforce
16467  Innovation through an interagency agreement pursuant to s.
16468  443.1316. The reports must include a sworn statement by an
16469  officer or principal of the employer attesting to the accuracy
16470  of the information contained in the report.
16471         (7) If an employee suffering a compensable injury was not
16472  reported as earning wages on the last quarterly earnings report
16473  filed with the Department of Economic Opportunity Agency for
16474  Workforce Innovation or the state agency providing unemployment
16475  tax collection services under contract with the Department of
16476  Economic Opportunity Agency for Workforce Innovation through an
16477  interagency agreement pursuant to s. 443.1316 before the
16478  accident, the employer shall indemnify the carrier for all
16479  workers’ compensation benefits paid to or on behalf of the
16480  employee unless the employer establishes that the employee was
16481  hired after the filing of the quarterly report, in which case
16482  the employer and employee shall attest to the fact that the
16483  employee was employed by the employer at the time of the injury.
16484  Failure of the employer to indemnify the insurer within 21 days
16485  after demand by the insurer is grounds for the insurer to
16486  immediately cancel coverage. Any action for indemnification
16487  brought by the carrier is cognizable in the circuit court having
16488  jurisdiction where the employer or carrier resides or transacts
16489  business. The insurer is entitled to a reasonable attorney’s fee
16490  if it recovers any portion of the benefits paid in the action.
16491         Section 351. Subsections (1), (4), and (5) of section
16492  443.012, Florida Statutes, are amended to read:
16493         443.012 Unemployment Appeals Commission.—
16494         (1) There is created within the Division of Workforce
16495  Services of the Department of Economic Opportunity Agency for
16496  Workforce Innovation an Unemployment Appeals Commission. The
16497  commission is composed of a chair and two other members
16498  appointed by the Governor, subject to confirmation by the
16499  Senate. Only one appointee may be a representative of employers,
16500  as demonstrated by his or her previous vocation, employment, or
16501  affiliation; and only one appointee may be a representative of
16502  employees, as demonstrated by his or her previous vocation,
16503  employment, or affiliation.
16504         (a) The chair shall devote his or her entire time to
16505  commission duties and is responsible for the administrative
16506  functions of the commission.
16507         (b) The chair has authority to appoint a general counsel
16508  and other personnel to carry out the duties and responsibilities
16509  of the commission.
16510         (c) The chair must have the qualifications required by law
16511  for a judge of the circuit court and may not engage in any other
16512  business vocation or employment. Notwithstanding any other law,
16513  the chair shall be paid a salary equal to that paid under state
16514  law to a judge of the circuit court.
16515         (d) The remaining members shall be paid a stipend of $100
16516  for each day they are engaged in the work of the commission. The
16517  chair and other members are entitled to be reimbursed for travel
16518  expenses, as provided in s. 112.061.
16519         (e) The total salary and travel expenses of each member of
16520  the commission shall be paid from the Employment Security
16521  Administration Trust Fund.
16522         (4) The property, personnel, and appropriations relating to
16523  the specified authority, powers, duties, and responsibilities of
16524  the commission shall be provided to the commission by the
16525  Department of Economic Opportunity Agency for Workforce
16526  Innovation.
16527         (5) The commission is not subject to control, supervision,
16528  or direction by the Department of Economic Opportunity Agency
16529  for Workforce Innovation in performing its powers or duties
16530  under this chapter.
16531         Section 352. Subsections (9), (41), (43), and (45) of
16532  section 443.036, Florida Statutes, are amended to read:
16533         443.036 Definitions.—As used in this chapter, the term:
16534         (9) “Benefit year” means, for an individual, the 1-year
16535  period beginning with the first day of the first week for which
16536  the individual first files a valid claim for benefits and,
16537  thereafter, the 1-year period beginning with the first day of
16538  the first week for which the individual next files a valid claim
16539  for benefits after the termination of his or her last preceding
16540  benefit year. Each claim for benefits made in accordance with s.
16541  443.151(2) is a valid claim under this subsection if the
16542  individual was paid wages for insured work in accordance with s.
16543  443.091(1)(g) and is unemployed as defined in subsection (43) at
16544  the time of filing the claim. However, the Department of
16545  Economic Opportunity Agency for Workforce Innovation may adopt
16546  rules providing for the establishment of a uniform benefit year
16547  for all workers in one or more groups or classes of service or
16548  within a particular industry if the department agency
16549  determines, after notice to the industry and to the workers in
16550  the industry and an opportunity to be heard in the matter, that
16551  those groups or classes of workers in a particular industry
16552  periodically experience unemployment resulting from layoffs or
16553  shutdowns for limited periods of time.
16554         (41) “Tax collection service provider” or “service
16555  provider” means the state agency providing unemployment tax
16556  collection services under contract with the Department of
16557  Economic Opportunity Agency for Workforce Innovation through an
16558  interagency agreement pursuant to s. 443.1316.
16559         (43) “Unemployment” means:
16560         (a) An individual is “totally unemployed” in any week
16561  during which he or she does not perform any services and for
16562  which earned income is not payable to him or her. An individual
16563  is “partially unemployed” in any week of less than full-time
16564  work if the earned income payable to him or her for that week is
16565  less than his or her weekly benefit amount. The Department of
16566  Economic Opportunity Agency for Workforce Innovation may adopt
16567  rules prescribing distinctions in the procedures for unemployed
16568  individuals based on total unemployment, part-time unemployment,
16569  partial unemployment of individuals attached to their regular
16570  jobs, and other forms of short-time work.
16571         (b) An individual’s week of unemployment commences only
16572  after his or her registration with the Department of Economic
16573  Opportunity Agency for Workforce Innovation as required in s.
16574  443.091, except as the agency may otherwise prescribe by rule.
16575         (45) “Week” means a period of 7 consecutive days as defined
16576  in the rules of the Department of Economic Opportunity Agency
16577  for Workforce Innovation. The department Agency for Workforce
16578  Innovation may by rule prescribe that a week is deemed to be
16579  “in,” “within,” or “during” the benefit year that contains the
16580  greater part of the week.
16581         Section 353. Subsections (2) and (3) of section 443.041,
16582  Florida Statutes, are amended to read:
16583         443.041 Waiver of rights; fees; privileged communications.—
16584         (2) FEES.—
16585         (a) Except as otherwise provided in this chapter, an
16586  individual claiming benefits may not be charged fees of any kind
16587  in any proceeding under this chapter by the commission or the
16588  Department of Economic Opportunity Agency for Workforce
16589  Innovation, or their representatives, or by any court or any
16590  officer of the court. An individual claiming benefits in any
16591  proceeding before the commission or the department Agency for
16592  Workforce Innovation, or representatives of either, or a court
16593  may be represented by counsel or an authorized representative,
16594  but the counsel or representative may not charge or receive for
16595  those services more than an amount approved by the commission,
16596  the department Agency for Workforce Innovation, or the court.
16597         (b) An attorney at law representing a claimant for benefits
16598  in any district court of appeal of this state or in the Supreme
16599  Court of Florida is entitled to counsel fees payable by the
16600  department Agency for Workforce Innovation as set by the court
16601  if the petition for review or appeal is initiated by the
16602  claimant and results in a decision awarding more benefits than
16603  provided in the decision from which appeal was taken. The amount
16604  of the fee may not exceed 50 percent of the total amount of
16605  regular benefits permitted under s. 443.111(5)(a) during the
16606  benefit year.
16607         (c) The department Agency for Workforce Innovation shall
16608  pay attorneys’ fees awarded under this section from the
16609  Employment Security Administration Trust Fund as part of the
16610  costs of administration of this chapter and may pay these fees
16611  directly to the attorney for the claimant in a lump sum. The
16612  department Agency for Workforce Innovation or the commission may
16613  not pay any other fees or costs in connection with an appeal.
16614         (d) Any person, firm, or corporation who or which seeks or
16615  receives any remuneration or gratuity for any services rendered
16616  on behalf of a claimant, except as allowed by this section and
16617  in an amount approved by the department Agency for Workforce
16618  Innovation, the commission, or a court, commits a misdemeanor of
16619  the second degree, punishable as provided in s. 775.082 or s.
16620  775.083.
16621         (3) PRIVILEGED COMMUNICATIONS.—All letters, reports,
16622  communications, or any other matters, either oral or written,
16623  between an employer and an employee or between the Department of
16624  Economic Opportunity Agency for Workforce Innovation or its tax
16625  collection service provider and any of their agents,
16626  representatives, or employees which are written, sent,
16627  delivered, or made in connection with this chapter, are
16628  privileged and may not be the subject matter or basis for any
16629  suit for slander or libel in any court of the state.
16630         Section 354. Subsection (3) of section 443.051, Florida
16631  Statutes, is amended to read:
16632         443.051 Benefits not alienable; exception, child support
16633  intercept.—
16634         (3) EXCEPTION, SUPPORT INTERCEPT.—
16635         (a) The Department of Revenue shall, at least biweekly,
16636  provide the Department of Economic Opportunity Agency for
16637  Workforce Innovation with a magnetic tape or other electronic
16638  data file disclosing the individuals who owe support obligations
16639  and the amount of any legally required deductions.
16640         (b) For support obligations established on or after July 1,
16641  2006, and for support obligations established before July 1,
16642  2006, when the support order does not address the withholding of
16643  unemployment compensation, the department Agency for Workforce
16644  Innovation shall deduct and withhold 40 percent of the
16645  unemployment compensation otherwise payable to an individual
16646  disclosed under paragraph (a). If delinquencies, arrearages, or
16647  retroactive support are owed and repayment has not been ordered,
16648  the unpaid amounts are included in the support obligation and
16649  are subject to withholding. If the amount deducted exceeds the
16650  support obligation, the Department of Revenue shall promptly
16651  refund the amount of the excess deduction to the obligor. For
16652  support obligations in effect before July 1, 2006, if the
16653  support order addresses the withholding of unemployment
16654  compensation, the department Agency for Workforce Innovation
16655  shall deduct and withhold the amount ordered by the court or
16656  administrative agency that issued the support order as disclosed
16657  by the Department of Revenue.
16658         (c) The department Agency for Workforce Innovation shall
16659  pay any amount deducted and withheld under paragraph (b) to the
16660  Department of Revenue.
16661         (d) Any amount deducted and withheld under this subsection
16662  shall for all purposes be treated as if it were paid to the
16663  individual as unemployment compensation and paid by the
16664  individual to the Department of Revenue for support obligations.
16665         (e) The Department of Revenue shall reimburse the
16666  department Agency for Workforce Innovation for the
16667  administrative costs incurred by the department agency under
16668  this subsection which are attributable to support obligations
16669  being enforced by the department.
16670         Section 355. Subsections (3) and (4), paragraph (b) of
16671  subsection (5), and subsections (6) and (8) of section 443.071,
16672  Florida Statutes, are amended to read:
16673         443.071 Penalties.—
16674         (3) Any employing unit or any officer or agent of any
16675  employing unit or any other person who fails to furnish any
16676  reports required under this chapter or to produce or permit the
16677  inspection of or copying of records as required under this
16678  chapter, who fails or refuses, within 6 months after written
16679  demand by the Department of Economic Opportunity Agency for
16680  Workforce Innovation or its tax collection service provider, to
16681  keep and maintain the payroll records required by this chapter
16682  or by rule of the department Agency for Workforce Innovation or
16683  the state agency providing tax collection services, or who
16684  willfully fails or refuses to make any contribution,
16685  reimbursement, or other payment required from an employer under
16686  this chapter commits a misdemeanor of the second degree,
16687  punishable as provided in s. 775.082 or s. 775.083.
16688         (4) Any person who establishes a fictitious employing unit
16689  by submitting to the Department of Economic Opportunity Agency
16690  for Workforce Innovation or its tax collection service provider
16691  fraudulent employing unit records or tax or wage reports by the
16692  introduction of fraudulent records into a computer system, the
16693  intentional or deliberate alteration or destruction of
16694  computerized information or files, or the theft of financial
16695  instruments, data, and other assets, for the purpose of enabling
16696  herself or himself or any other person to receive benefits under
16697  this chapter to which such person is not entitled, commits a
16698  felony of the third degree, punishable as provided in s.
16699  775.082, s. 775.083, or s. 775.084.
16700         (5) In any prosecution or action under this section, the
16701  entry into evidence of the signature of a person on a document,
16702  letter, or other writing constitutes prima facie evidence of the
16703  person’s identity if the following conditions exist:
16704         (b) The signature of the person is witnessed by an agent or
16705  employee of the Department of Economic Opportunity Agency for
16706  Workforce Innovation or its tax collection service provider at
16707  the time the document, letter, or other writing is filed.
16708         (6) The entry into evidence of an application for
16709  unemployment benefits initiated by the use of the Internet
16710  claims program or the interactive voice response system
16711  telephone claims program of the Department of Economic
16712  Opportunity Agency for Workforce Innovation constitutes prima
16713  facie evidence of the establishment of a personal benefit
16714  account by or for an individual if the following information is
16715  provided: the applicant’s name, residence address, date of
16716  birth, social security number, and present or former place of
16717  work.
16718         (8) All records relating to investigations of unemployment
16719  compensation fraud in the custody of the Department of Economic
16720  Opportunity Agency for Workforce Innovation or its tax
16721  collection service provider are available for examination by the
16722  Department of Law Enforcement, the state attorneys, or the
16723  Office of the Statewide Prosecutor in the prosecution of
16724  offenses under s. 817.568 or in proceedings brought under this
16725  chapter.
16726         Section 356. Subsections (1) and (4) of section 443.091,
16727  Florida Statutes, are amended to read:
16728         443.091 Benefit eligibility conditions.—
16729         (1) An unemployed individual is eligible to receive
16730  benefits for any week only if the Department of Economic
16731  Opportunity Agency for Workforce Innovation finds that:
16732         (a) She or he has made a claim for benefits for that week
16733  in accordance with the rules adopted by the department Agency
16734  for Workforce Innovation.
16735         (b) She or he has registered with the department agency for
16736  work and subsequently reports to the one-stop career center as
16737  directed by the regional workforce board for reemployment
16738  services. This requirement does not apply to persons who are:
16739         1. Non-Florida residents;
16740         2. On a temporary layoff, as defined in s. 443.036(42);
16741         3. Union members who customarily obtain employment through
16742  a union hiring hall; or
16743         4. Claiming benefits under an approved short-time
16744  compensation plan as provided in s. 443.1116.
16745         (c) To make continued claims for benefits, she or he is
16746  reporting to the department agency in accordance with its rules.
16747  These rules may not conflict with s. 443.111(1)(b), including
16748  the requirement that each claimant continue to report regardless
16749  of any pending appeal relating to her or his eligibility or
16750  disqualification for benefits.
16751         (d) She or he is able to work and is available for work. In
16752  order to assess eligibility for a claimed week of unemployment,
16753  the department agency shall develop criteria to determine a
16754  claimant’s ability to work and availability for work. However:
16755         1. Notwithstanding any other provision of this paragraph or
16756  paragraphs (b) and (e), an otherwise eligible individual may not
16757  be denied benefits for any week because she or he is in training
16758  with the approval of the department agency, or by reason of s.
16759  443.101(2) relating to failure to apply for, or refusal to
16760  accept, suitable work. Training may be approved by the
16761  department agency in accordance with criteria prescribed by
16762  rule. A claimant’s eligibility during approved training is
16763  contingent upon satisfying eligibility conditions prescribed by
16764  rule.
16765         2. Notwithstanding any other provision of this chapter, an
16766  otherwise eligible individual who is in training approved under
16767  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
16768  determined ineligible or disqualified for benefits due to her or
16769  his enrollment in such training or because of leaving work that
16770  is not suitable employment to enter such training. As used in
16771  this subparagraph, the term “suitable employment” means work of
16772  a substantially equal or higher skill level than the worker’s
16773  past adversely affected employment, as defined for purposes of
16774  the Trade Act of 1974, as amended, the wages for which are at
16775  least 80 percent of the worker’s average weekly wage as
16776  determined for purposes of the Trade Act of 1974, as amended.
16777         3. Notwithstanding any other provision of this section, an
16778  otherwise eligible individual may not be denied benefits for any
16779  week because she or he is before any state or federal court
16780  pursuant to a lawfully issued summons to appear for jury duty.
16781         (e) She or he participates in reemployment services, such
16782  as job search assistance services, whenever the individual has
16783  been determined, by a profiling system established by the rules
16784  of the department agency rule, to be likely to exhaust regular
16785  benefits and to be in need of reemployment services.
16786         (f) She or he has been unemployed for a waiting period of 1
16787  week. A week may not be counted as a week of unemployment under
16788  this subsection:
16789         1. Unless it occurs within the benefit year that includes
16790  the week for which she or he claims payment of benefits.
16791         2. If benefits have been paid for that week.
16792         3. Unless the individual was eligible for benefits for that
16793  week as provided in this section and s. 443.101, except for the
16794  requirements of this subsection and of s. 443.101(5).
16795         (g) She or he has been paid wages for insured work equal to
16796  1.5 times her or his high quarter wages during her or his base
16797  period, except that an unemployed individual is not eligible to
16798  receive benefits if the base period wages are less than $3,400.
16799         (h) She or he submitted to the department agency a valid
16800  social security number assigned to her or him. The department
16801  agency may verify the social security number with the United
16802  States Social Security Administration and may deny benefits if
16803  the department agency is unable to verify the individual’s
16804  social security number, the social security number is invalid,
16805  or the social security number is not assigned to the individual.
16806         (4) In the event of national emergency, in the course of
16807  which the Federal Emergency Unemployment Payment Plan is, at the
16808  request of the Governor, invoked for all or any part of the
16809  state, the emergency plan shall supersede the procedures
16810  prescribed by this chapter, and by rules adopted under this
16811  chapter, and the department Agency for Workforce Innovation
16812  shall act as the Florida agency for the United States Department
16813  of Labor in the administration of the plan.
16814         Section 357. Subsections (1), (2), (4), (6), (7), and (9)
16815  of section 443.101, Florida Statutes, are amended to read:
16816         443.101 Disqualification for benefits.—An individual shall
16817  be disqualified for benefits:
16818         (1)(a) For the week in which he or she has voluntarily left
16819  work without good cause attributable to his or her employing
16820  unit or in which the individual has been discharged by the
16821  employing unit for misconduct connected with his or her work,
16822  based on a finding by the Department of Economic Opportunity
16823  Agency for Workforce Innovation. As used in this paragraph, the
16824  term “work” means any work, whether full-time, part-time, or
16825  temporary.
16826         1. Disqualification for voluntarily quitting continues for
16827  the full period of unemployment next ensuing after the
16828  individual has left his or her full-time, part-time, or
16829  temporary work voluntarily without good cause and until the
16830  individual has earned income equal to or in excess of 17 times
16831  his or her weekly benefit amount. As used in this subsection,
16832  the term “good cause” includes only that cause attributable to
16833  the employing unit or which consists of the individual’s illness
16834  or disability requiring separation from his or her work. Any
16835  other disqualification may not be imposed. An individual is not
16836  disqualified under this subsection for voluntarily leaving
16837  temporary work to return immediately when called to work by the
16838  permanent employing unit that temporarily terminated his or her
16839  work within the previous 6 calendar months. An individual is not
16840  disqualified under this subsection for voluntarily leaving work
16841  to relocate as a result of his or her military-connected
16842  spouse’s permanent change of station orders, activation orders,
16843  or unit deployment orders.
16844         2. Disqualification for being discharged for misconduct
16845  connected with his or her work continues for the full period of
16846  unemployment next ensuing after having been discharged and until
16847  the individual is reemployed and has earned income of at least
16848  17 times his or her weekly benefit amount and for not more than
16849  52 weeks that immediately follow that week, as determined by the
16850  department agency in each case according to the circumstances in
16851  each case or the seriousness of the misconduct, under the
16852  department’s agency’s rules adopted for determinations of
16853  disqualification for benefits for misconduct.
16854         3. If an individual has provided notification to the
16855  employing unit of his or her intent to voluntarily leave work
16856  and the employing unit discharges the individual for reasons
16857  other than misconduct before the date the voluntary quit was to
16858  take effect, the individual, if otherwise entitled, shall
16859  receive benefits from the date of the employer’s discharge until
16860  the effective date of his or her voluntary quit.
16861         4. If an individual is notified by the employing unit of
16862  the employer’s intent to discharge the individual for reasons
16863  other than misconduct and the individual quits without good
16864  cause, as defined in this section, before the date the discharge
16865  was to take effect, the claimant is ineligible for benefits
16866  pursuant to s. 443.091(1)(d) for failing to be available for
16867  work for the week or weeks of unemployment occurring before the
16868  effective date of the discharge.
16869         (b) For any week with respect to which the department
16870  Agency for Workforce Innovation finds that his or her
16871  unemployment is due to a suspension for misconduct connected
16872  with the individual’s work.
16873         (c) For any week with respect to which the department
16874  Agency for Workforce Innovation finds that his or her
16875  unemployment is due to a leave of absence, if the leave was
16876  voluntarily initiated by the individual.
16877         (d) For any week with respect to which the department
16878  Agency for Workforce Innovation finds that his or her
16879  unemployment is due to a discharge for misconduct connected with
16880  the individual’s work, consisting of drug use, as evidenced by a
16881  positive, confirmed drug test.
16882         (2) If the Department of Economic Opportunity Agency for
16883  Workforce Innovation finds that the individual has failed
16884  without good cause to apply for available suitable work when
16885  directed by the department agency or the one-stop career center,
16886  to accept suitable work when offered to him or her, or to return
16887  to the individual’s customary self-employment when directed by
16888  the department agency, the disqualification continues for the
16889  full period of unemployment next ensuing after he or she failed
16890  without good cause to apply for available suitable work, to
16891  accept suitable work, or to return to his or her customary self
16892  employment, under this subsection, and until the individual has
16893  earned income at least 17 times his or her weekly benefit
16894  amount. The department Agency for Workforce Innovation shall by
16895  rule adopt criteria for determining the “suitability of work,”
16896  as used in this section. The department Agency for Workforce
16897  Innovation in developing these rules shall consider the duration
16898  of a claimant’s unemployment in determining the suitability of
16899  work and the suitability of proposed rates of compensation for
16900  available work. Further, after an individual has received 25
16901  weeks of benefits in a single year, suitable work is a job that
16902  pays the minimum wage and is 120 percent or more of the weekly
16903  benefit amount the individual is drawing.
16904         (a) In determining whether or not any work is suitable for
16905  an individual, the department Agency for Workforce Innovation
16906  shall consider the degree of risk involved to his or her health,
16907  safety, and morals; his or her physical fitness and prior
16908  training; the individual’s experience and prior earnings; his or
16909  her length of unemployment and prospects for securing local work
16910  in his or her customary occupation; and the distance of the
16911  available work from his or her residence.
16912         (b) Notwithstanding any other provisions of this chapter,
16913  work is not deemed suitable and benefits may not be denied under
16914  this chapter to any otherwise eligible individual for refusing
16915  to accept new work under any of the following conditions:
16916         1. If the position offered is vacant due directly to a
16917  strike, lockout, or other labor dispute.
16918         2. If the wages, hours, or other conditions of the work
16919  offered are substantially less favorable to the individual than
16920  those prevailing for similar work in the locality.
16921         3. If as a condition of being employed, the individual
16922  would be required to join a company union or to resign from or
16923  refrain from joining any bona fide labor organization.
16924         (c) If the department Agency for Workforce Innovation finds
16925  that an individual was rejected for offered employment as the
16926  direct result of a positive, confirmed drug test required as a
16927  condition of employment, the individual is disqualified for
16928  refusing to accept an offer of suitable work.
16929         (4) For any week with respect to which the department
16930  Agency for Workforce Innovation finds that his or her total or
16931  partial unemployment is due to a labor dispute in active
16932  progress which exists at the factory, establishment, or other
16933  premises at which he or she is or was last employed; except that
16934  this subsection does not apply if it is shown to the
16935  satisfaction of the department Agency for Workforce Innovation
16936  that:
16937         (a)1. He or she is not participating in, financing, or
16938  directly interested in the labor dispute that is in active
16939  progress; however, the payment of regular union dues may not be
16940  construed as financing a labor dispute within the meaning of
16941  this section; and
16942         2. He or she does not belong to a grade or class of workers
16943  of which immediately before the commencement of the labor
16944  dispute there were members employed at the premises at which the
16945  labor dispute occurs any of whom are participating in,
16946  financing, or directly interested in the dispute; if in any case
16947  separate branches of work are commonly conducted as separate
16948  businesses in separate premises, or are conducted in separate
16949  departments of the same premises, each department, for the
16950  purpose of this subsection, is deemed to be a separate factory,
16951  establishment, or other premise.
16952         (b) His or her total or partial unemployment results from a
16953  lockout by his or her employer. As used in this section, the
16954  term “lockout” means a situation in which employees have not
16955  gone on strike, nor have employees notified the employer of a
16956  date certain for a strike, but in which employees have been
16957  denied entry to the factory, establishment, or other premises of
16958  employment by the employer. However, benefits are not payable
16959  under this paragraph if the lockout action was taken in response
16960  to threats, actions, or other indications of impending damage to
16961  property and equipment or possible physical violence by
16962  employees or in response to actual damage or violence or a
16963  substantial reduction in production instigated or perpetrated by
16964  employees.
16965         (6) For a period not to exceed 1 year from the date of the
16966  discovery by the Department of Economic Opportunity Agency for
16967  Workforce Innovation of the making of any false or fraudulent
16968  representation for the purpose of obtaining benefits contrary to
16969  this chapter, constituting a violation under s. 443.071. This
16970  disqualification may be appealed in the same manner as any other
16971  disqualification imposed under this section. A conviction by any
16972  court of competent jurisdiction in this state of the offense
16973  prohibited or punished by s. 443.071 is conclusive upon the
16974  appeals referee and the commission of the making of the false or
16975  fraudulent representation for which disqualification is imposed
16976  under this section.
16977         (7) If the Department of Economic Opportunity Agency for
16978  Workforce Innovation finds that the individual is an alien,
16979  unless the alien is an individual who has been lawfully admitted
16980  for permanent residence or otherwise is permanently residing in
16981  the United States under color of law, including an alien who is
16982  lawfully present in the United States as a result of the
16983  application of s. 203(a)(7) or s. 212(d)(5) of the Immigration
16984  and Nationality Act, if any modifications to s. 3304(a)(14) of
16985  the Federal Unemployment Tax Act, as provided by Pub. L. No. 94
16986  566, which specify other conditions or other effective dates
16987  than those stated under federal law for the denial of benefits
16988  based on services performed by aliens, and which modifications
16989  are required to be implemented under state law as a condition
16990  for full tax credit against the tax imposed by the Federal
16991  Unemployment Tax Act, are deemed applicable under this section,
16992  if:
16993         (a) Any data or information required of individuals
16994  applying for benefits to determine whether benefits are not
16995  payable to them because of their alien status is uniformly
16996  required from all applicants for benefits; and
16997         (b) In the case of an individual whose application for
16998  benefits would otherwise be approved, a determination that
16999  benefits to such individual are not payable because of his or
17000  her alien status may not be made except by a preponderance of
17001  the evidence.
17002  
17003  If the department Agency for Workforce Innovation finds that the
17004  individual has refused without good cause an offer of
17005  resettlement or relocation, which offer provides for suitable
17006  employment for the individual notwithstanding the distance of
17007  relocation, resettlement, or employment from the current
17008  location of the individual in this state, this disqualification
17009  continues for the week in which the failure occurred and for not
17010  more than 17 weeks immediately after that week, or a reduction
17011  by not more than 5 weeks from the duration of benefits, as
17012  determined by the department Agency for Workforce Innovation in
17013  each case.
17014         (9) If the individual was terminated from his or her work
17015  for violation of any criminal law punishable by imprisonment, or
17016  for any dishonest act, in connection with his or her work, as
17017  follows:
17018         (a) If the Department of Economic Opportunity Agency for
17019  Workforce Innovation or the Unemployment Appeals Commission
17020  finds that the individual was terminated from his or her work
17021  for violation of any criminal law punishable by imprisonment in
17022  connection with his or her work, and the individual was found
17023  guilty of the offense, made an admission of guilt in a court of
17024  law, or entered a plea of no contest, the individual is not
17025  entitled to unemployment benefits for up to 52 weeks, under
17026  rules adopted by the department Agency for Workforce Innovation,
17027  and until he or she has earned income of at least 17 times his
17028  or her weekly benefit amount. If, before an adjudication of
17029  guilt, an admission of guilt, or a plea of no contest, the
17030  employer shows the department Agency for Workforce Innovation
17031  that the arrest was due to a crime against the employer or the
17032  employer’s business and, after considering all the evidence, the
17033  department Agency for Workforce Innovation finds misconduct in
17034  connection with the individual’s work, the individual is not
17035  entitled to unemployment benefits.
17036         (b) If the department Agency for Workforce Innovation or
17037  the Unemployment Appeals Commission finds that the individual
17038  was terminated from work for any dishonest act in connection
17039  with his or her work, the individual is not entitled to
17040  unemployment benefits for up to 52 weeks, under rules adopted by
17041  the department Agency for Workforce Innovation, and until he or
17042  she has earned income of at least 17 times his or her weekly
17043  benefit amount. In addition, if the employer terminates an
17044  individual as a result of a dishonest act in connection with his
17045  or her work and the department Agency for Workforce Innovation
17046  finds misconduct in connection with his or her work, the
17047  individual is not entitled to unemployment benefits.
17048  
17049  With respect to an individual disqualified for benefits, the
17050  account of the terminating employer, if the employer is in the
17051  base period, is noncharged at the time the disqualification is
17052  imposed.
17053         Section 358. Subsection (1) of section 443.111, Florida
17054  Statutes, is amended to read:
17055         443.111 Payment of benefits.—
17056         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
17057  in accordance with rules adopted by the Department of Economic
17058  Opportunity Agency for Workforce Innovation, subject to the
17059  following requirements:
17060         (a) Benefits are payable by mail or electronically. The
17061  department Notwithstanding s. 409.942(4), the agency may develop
17062  a system for the payment of benefits by electronic funds
17063  transfer, including, but not limited to, debit cards, electronic
17064  payment cards, or any other means of electronic payment that the
17065  department agency deems to be commercially viable or cost
17066  effective. Commodities or services related to the development of
17067  such a system shall be procured by competitive solicitation,
17068  unless they are purchased from a state term contract pursuant to
17069  s. 287.056. The department agency shall adopt rules necessary to
17070  administer this paragraph the system.
17071         (b) Each claimant must report in the manner prescribed by
17072  the department Agency for Workforce Innovation to certify for
17073  benefits that are paid and must continue to report at least
17074  biweekly to receive unemployment benefits and to attest to the
17075  fact that she or he is able and available for work, has not
17076  refused suitable work, is seeking work, and, if she or he has
17077  worked, to report earnings from that work. Each claimant must
17078  continue to report regardless of any appeal or pending appeal
17079  relating to her or his eligibility or disqualification for
17080  benefits.
17081         Section 359. Subsections (1), (4), and (5) of section
17082  443.1113, Florida Statutes, are amended to read:
17083         443.1113 Unemployment Compensation Claims and Benefits
17084  Information System.—
17085         (1) To the extent that funds are appropriated for each
17086  phase of the Unemployment Compensation Claims and Benefits
17087  Information System by the Legislature, the Department of
17088  Economic Opportunity Agency for Workforce Innovation shall
17089  replace and enhance the functionality provided in the following
17090  systems with an integrated Internet-based system that is known
17091  as the “Unemployment Compensation Claims and Benefits
17092  Information System”:
17093         (a) Claims and benefit mainframe system.
17094         (b) Florida unemployment Internet direct.
17095         (c) Florida continued claim Internet directory.
17096         (d) Call center interactive voice response system.
17097         (e) Benefit overpayment screening system.
17098         (f) Internet and Intranet appeals system.
17099         (4) The project to implement the Unemployment Compensation
17100  Claims and Benefits Information System shall be comprised of the
17101  following phases and corresponding implementation timeframes:
17102         (a) No later than the end of fiscal year 2009-2010
17103  completion of the business re-engineering analysis and
17104  documentation of both the detailed system requirements and the
17105  overall system architecture.
17106         (b) The Unemployment Claims and Benefits Internet portal
17107  that replaces the Florida Unemployment Internet Direct and the
17108  Florida Continued Claims Internet Directory systems, the Call
17109  Center Interactive Voice Response System, the Benefit
17110  Overpayment Screening System, the Internet and Intranet Appeals
17111  System, and the Claims and Benefits Mainframe System shall be
17112  deployed to full operational status no later than the end of
17113  fiscal year 2012-2013.
17114         (b) The new Unemployment Claims and Benefits Internet
17115  portal that replaces the Florida Unemployment Internet Direct
17116  and the Florida Continued Claims Internet Directory systems and
17117  shall be deployed to full production operational status no later
17118  than the end of fiscal year 2010-2011.
17119         (c) The new Call Center Interactive Voice Response System
17120  and the Benefit Overpayment Screening System shall be deployed
17121  to full production operational status no later than the end of
17122  fiscal year 2011-2012.
17123         (d) The new Internet and Intranet Appeals System and the
17124  Claims and Benefits Mainframe System shall be deployed to full
17125  operational status no later than the end of fiscal year 2012
17126  2013.
17127         (5) The Department of Economic Opportunity Agency for
17128  Workforce Innovation shall implement the following project
17129  governance structure until such time as the project is
17130  completed, suspended, or terminated:
17131         (a) The project sponsor for the Unemployment Compensation
17132  Claims and Benefits Information System project is the department
17133  executive director of the Agency for Workforce Innovation.
17134         (b) The project shall be governed by an executive steering
17135  committee composed of the following voting members or their
17136  designees:
17137         1. The executive director of the department Agency for
17138  Workforce Innovation.
17139         2. The executive director of the Department of Revenue.
17140         3. The director of the Division of Workforce Services
17141  within the department Office of Unemployment Compensation within
17142  the Agency for Workforce Innovation.
17143         4. The program director of the General Tax Administration
17144  Program Office within the Department of Revenue.
17145         5. The chief information officer of the department Agency
17146  for Workforce Innovation.
17147         (c) The executive steering committee has the overall
17148  responsibility for ensuring that the project meets its primary
17149  objectives and is specifically responsible for:
17150         1. Providing management direction and support to the
17151  project management team.
17152         2. Assessing the project’s alignment with the strategic
17153  goals of the department Agency for Workforce Innovation for
17154  administering the unemployment compensation program.
17155         3. Reviewing and approving or disapproving any changes to
17156  the project’s scope, schedule, and costs.
17157         4. Reviewing, approving or disapproving, and determining
17158  whether to proceed with any major project deliverables.
17159         5. Recommending suspension or termination of the project to
17160  the Governor, the President of the Senate, and the Speaker of
17161  the House of Representatives if it determines that the primary
17162  objectives cannot be achieved.
17163         (d) The project management team shall work under the
17164  direction of the executive steering committee and shall be
17165  minimally comprised of senior managers and stakeholders from the
17166  department Agency for Workforce Innovation and the Department of
17167  Revenue. The project management team is responsible for:
17168         1. Providing daily planning, management, and oversight of
17169  the project.
17170         2. Submitting an operational work plan and providing
17171  quarterly updates to that plan to the executive steering
17172  committee. The plan must specify project milestones,
17173  deliverables, and expenditures.
17174         3. Submitting written monthly project status reports to the
17175  executive steering committee which include:
17176         a. Planned versus actual project costs;
17177         b. An assessment of the status of major milestones and
17178  deliverables;
17179         c. Identification of any issues requiring resolution, the
17180  proposed resolution for these issues, and information regarding
17181  the status of the resolution;
17182         d. Identification of risks that must be managed; and
17183         e. Identification of and recommendations regarding
17184  necessary changes in the project’s scope, schedule, or costs.
17185  All recommendations must be reviewed by project stakeholders
17186  before submission to the executive steering committee in order
17187  to ensure that the recommendations meet required acceptance
17188  criteria.
17189         Section 360. Paragraph (d) of subsection (1), subsection
17190  (2), paragraphs (a) and (c) of subsection (3), and subsection
17191  (6) of section 443.1115, Florida Statutes, are amended to read:
17192         443.1115 Extended benefits.—
17193         (1) DEFINITIONS.—As used in this section, the term:
17194         (d) “Rate of insured unemployment” means the percentage
17195  derived by dividing the average weekly number of individuals
17196  filing claims for regular compensation in this state, excluding
17197  extended-benefit claimants for weeks of unemployment with
17198  respect to the most recent 13-consecutive-week period, as
17199  determined by the Department of Economic Opportunity Agency for
17200  Workforce Innovation on the basis of its reports to the United
17201  States Secretary of Labor, by the average monthly employment
17202  covered under this chapter for the first four of the most recent
17203  six completed calendar quarters ending before the end of that
17204  13-week period.
17205         (2) REGULAR BENEFITS ON CLAIMS FOR, AND THE PAYMENT OF,
17206  EXTENDED BENEFITS.—Except when the result is inconsistent with
17207  the other provisions of this section and as provided in the
17208  rules of the Department of Economic Opportunity Agency for
17209  Workforce Innovation, the provisions of this chapter applying to
17210  claims for, or the payment of, regular benefits apply to claims
17211  for, and the payment of, extended benefits. These extended
17212  benefits are charged to the employment records of employers to
17213  the extent that the share of those extended benefits paid from
17214  this state’s Unemployment Compensation Trust Fund is not
17215  eligible to be reimbursed from federal sources.
17216         (3) ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.—
17217         (a) An individual is eligible to receive extended benefits
17218  for any week of unemployment in her or his eligibility period
17219  only if the Department of Economic Opportunity Agency for
17220  Workforce Innovation finds that, for that week:
17221         1. She or he is an exhaustee as defined in subsection (1).
17222         2. She or he satisfies the requirements of this chapter for
17223  the receipt of regular benefits applicable to individuals
17224  claiming extended benefits, including not being subject to
17225  disqualification from the receipt of benefits. An individual
17226  disqualified from receiving regular benefits may not receive
17227  extended benefits after the disqualification period terminates
17228  if he or she was disqualified for voluntarily leaving work,
17229  being discharged from work for misconduct, or refusing suitable
17230  work. However, if the disqualification period for regular
17231  benefits terminates because the individual received the required
17232  amount of remuneration for services rendered as a common-law
17233  employee, she or he may receive extended benefits.
17234         3. The individual was paid wages for insured work for the
17235  applicable benefit year equal to 1.5 times the high quarter
17236  earnings during the base period.
17237         (c)1. An individual is disqualified from receiving extended
17238  benefits if the department Agency for Workforce Innovation finds
17239  that, during any week of unemployment in her or his eligibility
17240  period:
17241         a. She or he failed to apply for suitable work or, if
17242  offered, failed to accept suitable work, unless the individual
17243  can furnish to the department agency satisfactory evidence that
17244  her or his prospects for obtaining work in her or his customary
17245  occupation within a reasonably short period are good. If this
17246  evidence is deemed satisfactory for this purpose, the
17247  determination of whether any work is suitable for the individual
17248  shall be made in accordance with the definition of suitable work
17249  in s. 443.101(2). This disqualification begins with the week the
17250  failure occurred and continues until she or he is employed for
17251  at least 4 weeks and receives earned income of at least 17 times
17252  her or his weekly benefit amount.
17253         b. She or he failed to furnish tangible evidence that she
17254  or he actively engaged in a systematic and sustained effort to
17255  find work. This disqualification begins with the week the
17256  failure occurred and continues until she or he is employed for
17257  at least 4 weeks and receives earned income of at least 4 times
17258  her or his weekly benefit amount.
17259         2. Except as otherwise provided in sub-subparagraph 1.a.,
17260  as used in this paragraph, the term “suitable work” means any
17261  work within the individual’s capabilities to perform, if:
17262         a. The gross average weekly remuneration payable for the
17263  work exceeds the sum of the individual’s weekly benefit amount
17264  plus the amount, if any, of supplemental unemployment benefits,
17265  as defined in s. 501(c)(17)(D) of the Internal Revenue Code of
17266  1954, as amended, payable to the individual for that week;
17267         b. The wages payable for the work equal the higher of the
17268  minimum wages provided by s. 6(a)(1) of the Fair Labor Standards
17269  Act of 1938, without regard to any exemption, or the state or
17270  local minimum wage; and
17271         c. The work otherwise meets the definition of suitable work
17272  in s. 443.101(2) to the extent that the criteria for suitability
17273  are not inconsistent with this paragraph.
17274         (6) COMPUTATIONS.—The Department of Economic Opportunity
17275  Agency for Workforce Innovation shall perform the computations
17276  required under paragraph (1)(d) in accordance with regulations
17277  of the United States Secretary of Labor.
17278         Section 361. Subsection (2) and paragraphs (a) and (b) of
17279  subsection (5) of section 443.1116, Florida Statutes, are
17280  amended to read:
17281         443.1116 Short-time compensation.—
17282         (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer
17283  wishing to participate in the short-time compensation program
17284  must submit a signed, written, short-time plan to the Department
17285  of Economic Opportunity director of the Agency for Workforce
17286  Innovation for approval. The director or his or her designee
17287  shall approve the plan if:
17288         (a) The plan applies to and identifies each specific
17289  affected unit;
17290         (b) The individuals in the affected unit are identified by
17291  name and social security number;
17292         (c) The normal weekly hours of work for individuals in the
17293  affected unit are reduced by at least 10 percent and by not more
17294  than 40 percent;
17295         (d) The plan includes a certified statement by the employer
17296  that the aggregate reduction in work hours is in lieu of
17297  temporary layoffs that would affect at least 10 percent of the
17298  employees in the affected unit and that would have resulted in
17299  an equivalent reduction in work hours;
17300         (e) The plan applies to at least 10 percent of the
17301  employees in the affected unit;
17302         (f) The plan is approved in writing by the collective
17303  bargaining agent for each collective bargaining agreement
17304  covering any individual in the affected unit;
17305         (g) The plan does not serve as a subsidy to seasonal
17306  employers during the off-season or as a subsidy to employers who
17307  traditionally use part-time employees; and
17308         (h) The plan certifies the manner in which the employer
17309  will treat fringe benefits of the individuals in the affected
17310  unit if the hours of the individuals are reduced to less than
17311  their normal weekly hours of work. As used in this paragraph,
17312  the term “fringe benefits” includes, but is not limited to,
17313  health insurance, retirement benefits under defined benefit
17314  pension plans as defined in subsection 35 of s. 1002 of the
17315  Employee Retirement Income Security Act of 1974, 29 U.S.C., paid
17316  vacation and holidays, and sick leave.
17317         (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION
17318  BENEFITS.—
17319         (a) Except as provided in this subsection, an individual is
17320  eligible to receive short-time compensation benefits for any
17321  week only if she or he complies with this chapter and the
17322  Department of Economic Opportunity Agency for Workforce
17323  Innovation finds that:
17324         1. The individual is employed as a member of an affected
17325  unit in an approved plan that was approved before the week and
17326  is in effect for the week;
17327         2. The individual is able to work and is available for
17328  additional hours of work or for full-time work with the short
17329  time employer; and
17330         3. The normal weekly hours of work of the individual are
17331  reduced by at least 10 percent but not by more than 40 percent,
17332  with a corresponding reduction in wages.
17333         (b) The department Agency for Workforce Innovation may not
17334  deny short-time compensation benefits to an individual who is
17335  otherwise eligible for these benefits for any week by reason of
17336  the application of any provision of this chapter relating to
17337  availability for work, active search for work, or refusal to
17338  apply for or accept work from other than the short-time
17339  compensation employer of that individual.
17340         Section 362. Subsection (3) of section 443.1215, Florida
17341  Statutes, is amended to read:
17342         443.1215 Employers.—
17343         (3) An employing unit that fails to keep the records of
17344  employment required by this chapter and by the rules of the
17345  Department of Economic Opportunity Agency for Workforce
17346  Innovation and the state agency providing unemployment tax
17347  collection services is presumed to be an employer liable for the
17348  payment of contributions under this chapter, regardless of the
17349  number of individuals employed by the employing unit. However,
17350  the tax collection service provider shall make written demand
17351  that the employing unit keep and maintain required payroll
17352  records. The demand must be made at least 6 months before
17353  assessing contributions against an employing unit determined to
17354  be an employer that is subject to this chapter solely by reason
17355  of this subsection.
17356         Section 363. Paragraphs (a) and (d) of subsection (1),
17357  subsection (12), and paragraph (p) of subsection (13) of section
17358  443.1216, Florida Statutes, are amended to read:
17359         443.1216 Employment.—Employment, as defined in s. 443.036,
17360  is subject to this chapter under the following conditions:
17361         (1)(a) The employment subject to this chapter includes a
17362  service performed, including a service performed in interstate
17363  commerce, by:
17364         1. An officer of a corporation.
17365         2. An individual who, under the usual common-law rules
17366  applicable in determining the employer-employee relationship, is
17367  an employee. However, whenever a client, as defined in s.
17368  443.036(18), which would otherwise be designated as an employing
17369  unit has contracted with an employee leasing company to supply
17370  it with workers, those workers are considered employees of the
17371  employee leasing company. An employee leasing company may lease
17372  corporate officers of the client to the client and other workers
17373  to the client, except as prohibited by regulations of the
17374  Internal Revenue Service. Employees of an employee leasing
17375  company must be reported under the employee leasing company’s
17376  tax identification number and contribution rate for work
17377  performed for the employee leasing company.
17378         a. In addition to any other report required to be filed by
17379  law, an employee leasing company shall submit a report to the
17380  Labor Market Statistics Center within the Department of Economic
17381  Opportunity Agency for Workforce Innovation which includes each
17382  client establishment and each establishment of the employee
17383  leasing company, or as otherwise directed by the department
17384  agency. The report must include the following information for
17385  each establishment:
17386         (I) The trade or establishment name;
17387         (II) The former unemployment compensation account number,
17388  if available;
17389         (III) The former federal employer’s identification number
17390  (FEIN), if available;
17391         (IV) The industry code recognized and published by the
17392  United States Office of Management and Budget, if available;
17393         (V) A description of the client’s primary business activity
17394  in order to verify or assign an industry code;
17395         (VI) The address of the physical location;
17396         (VII) The number of full-time and part-time employees who
17397  worked during, or received pay that was subject to unemployment
17398  compensation taxes for, the pay period including the 12th of the
17399  month for each month of the quarter;
17400         (VIII) The total wages subject to unemployment compensation
17401  taxes paid during the calendar quarter;
17402         (IX) An internal identification code to uniquely identify
17403  each establishment of each client;
17404         (X) The month and year that the client entered into the
17405  contract for services; and
17406         (XI) The month and year that the client terminated the
17407  contract for services.
17408         b. The report shall be submitted electronically or in a
17409  manner otherwise prescribed by the Department of Economic
17410  Opportunity Agency for Workforce Innovation in the format
17411  specified by the Bureau of Labor Statistics of the United States
17412  Department of Labor for its Multiple Worksite Report for
17413  Professional Employer Organizations. The report must be provided
17414  quarterly to the Labor Market Statistics Center within the
17415  department Agency for Workforce Innovation, or as otherwise
17416  directed by the department agency, and must be filed by the last
17417  day of the month immediately following the end of the calendar
17418  quarter. The information required in sub-sub-subparagraphs a.(X)
17419  and (XI) need be provided only in the quarter in which the
17420  contract to which it relates was entered into or terminated. The
17421  sum of the employment data and the sum of the wage data in this
17422  report must match the employment and wages reported in the
17423  unemployment compensation quarterly tax and wage report. A
17424  report is not required for any calendar quarter preceding the
17425  third calendar quarter of 2010.
17426         c. The department Agency for Workforce Innovation shall
17427  adopt rules as necessary to administer this subparagraph, and
17428  may administer, collect, enforce, and waive the penalty imposed
17429  by s. 443.141(1)(b) for the report required by this
17430  subparagraph.
17431         d. For the purposes of this subparagraph, the term
17432  “establishment” means any location where business is conducted
17433  or where services or industrial operations are performed.
17434         3. An individual other than an individual who is an
17435  employee under subparagraph 1. or subparagraph 2., who performs
17436  services for remuneration for any person:
17437         a. As an agent-driver or commission-driver engaged in
17438  distributing meat products, vegetable products, fruit products,
17439  bakery products, beverages other than milk, or laundry or
17440  drycleaning services for his or her principal.
17441         b. As a traveling or city salesperson engaged on a full
17442  time basis in the solicitation on behalf of, and the
17443  transmission to, his or her principal of orders from
17444  wholesalers, retailers, contractors, or operators of hotels,
17445  restaurants, or other similar establishments for merchandise for
17446  resale or supplies for use in their business operations. This
17447  sub-subparagraph does not apply to an agent-driver or a
17448  commission-driver and does not apply to sideline sales
17449  activities performed on behalf of a person other than the
17450  salesperson’s principal.
17451         4. The services described in subparagraph 3. are employment
17452  subject to this chapter only if:
17453         a. The contract of service contemplates that substantially
17454  all of the services are to be performed personally by the
17455  individual;
17456         b. The individual does not have a substantial investment in
17457  facilities used in connection with the services, other than
17458  facilities used for transportation; and
17459         c. The services are not in the nature of a single
17460  transaction that is not part of a continuing relationship with
17461  the person for whom the services are performed.
17462         (d) If two or more related corporations concurrently employ
17463  the same individual and compensate the individual through a
17464  common paymaster, each related corporation is considered to have
17465  paid wages to the individual only in the amounts actually
17466  disbursed by that corporation to the individual and is not
17467  considered to have paid the wages actually disbursed to the
17468  individual by another of the related corporations. The
17469  department Agency for Workforce Innovation and the state agency
17470  providing unemployment tax collection services may adopt rules
17471  necessary to administer this paragraph.
17472         1. As used in this paragraph, the term “common paymaster”
17473  means a member of a group of related corporations that disburses
17474  wages to concurrent employees on behalf of the related
17475  corporations and that is responsible for keeping payroll records
17476  for those concurrent employees. A common paymaster is not
17477  required to disburse wages to all the employees of the related
17478  corporations; however, this subparagraph does not apply to wages
17479  of concurrent employees which are not disbursed through a common
17480  paymaster. A common paymaster must pay concurrently employed
17481  individuals under this subparagraph by one combined paycheck.
17482         2. As used in this paragraph, the term “concurrent
17483  employment” means the existence of simultaneous employment
17484  relationships between an individual and related corporations.
17485  Those relationships require the performance of services by the
17486  employee for the benefit of the related corporations, including
17487  the common paymaster, in exchange for wages that, if deductible
17488  for the purposes of federal income tax, are deductible by the
17489  related corporations.
17490         3. Corporations are considered related corporations for an
17491  entire calendar quarter if they satisfy any one of the following
17492  tests at any time during the calendar quarter:
17493         a. The corporations are members of a “controlled group of
17494  corporations” as defined in s. 1563 of the Internal Revenue Code
17495  of 1986 or would be members if s. 1563(a)(4) and (b) did not
17496  apply.
17497         b. In the case of a corporation that does not issue stock,
17498  at least 50 percent of the members of the board of directors or
17499  other governing body of one corporation are members of the board
17500  of directors or other governing body of the other corporation or
17501  the holders of at least 50 percent of the voting power to select
17502  those members are concurrently the holders of at least 50
17503  percent of the voting power to select those members of the other
17504  corporation.
17505         c. At least 50 percent of the officers of one corporation
17506  are concurrently officers of the other corporation.
17507         d. At least 30 percent of the employees of one corporation
17508  are concurrently employees of the other corporation.
17509         4. The common paymaster must report to the tax collection
17510  service provider, as part of the unemployment compensation
17511  quarterly tax and wage report, the state unemployment
17512  compensation account number and name of each related corporation
17513  for which concurrent employees are being reported. Failure to
17514  timely report this information shall result in the related
17515  corporations being denied common paymaster status for that
17516  calendar quarter.
17517         5. The common paymaster also has the primary responsibility
17518  for remitting contributions due under this chapter for the wages
17519  it disburses as the common paymaster. The common paymaster must
17520  compute these contributions as though it were the sole employer
17521  of the concurrently employed individuals. If a common paymaster
17522  fails to timely remit these contributions or reports, in whole
17523  or in part, the common paymaster remains liable for the full
17524  amount of the unpaid portion of these contributions. In
17525  addition, each of the other related corporations using the
17526  common paymaster is jointly and severally liable for its
17527  appropriate share of these contributions. Each related
17528  corporation’s share equals the greater of:
17529         a. The liability of the common paymaster under this
17530  chapter, after taking into account any contributions made.
17531         b. The liability under this chapter which, notwithstanding
17532  this section, would have existed for the wages from the other
17533  related corporations, reduced by an allocable portion of any
17534  contributions previously paid by the common paymaster for those
17535  wages.
17536         (12) The employment subject to this chapter includes
17537  services covered by a reciprocal arrangement under s. 443.221
17538  between the Department of Economic Opportunity Agency for
17539  Workforce Innovation or its tax collection service provider and
17540  the agency charged with the administration of another state
17541  unemployment compensation law or a federal unemployment
17542  compensation law, under which all services performed by an
17543  individual for an employing unit are deemed to be performed
17544  entirely within this state, if the department Agency for
17545  Workforce Innovation or its tax collection service provider
17546  approved an election of the employing unit in which all of the
17547  services performed by the individual during the period covered
17548  by the election are deemed to be insured work.
17549         (13) The following are exempt from coverage under this
17550  chapter:
17551         (p) Service covered by an arrangement between the
17552  Department of Economic Opportunity Agency for Workforce
17553  Innovation, or its tax collection service provider, and the
17554  agency charged with the administration of another state or
17555  federal unemployment compensation law under which all services
17556  performed by an individual for an employing unit during the
17557  period covered by the employing unit’s duly approved election is
17558  deemed to be performed entirely within the other agency’s state
17559  or under the federal law.
17560         Section 364. Subsection (1) of section 443.1217, Florida
17561  Statutes, is amended to read:
17562         443.1217 Wages.—
17563         (1) The wages subject to this chapter include all
17564  remuneration for employment, including commissions, bonuses,
17565  back pay awards, and the cash value of all remuneration paid in
17566  any medium other than cash. The reasonable cash value of
17567  remuneration in any medium other than cash must be estimated and
17568  determined in accordance with rules adopted by the Department of
17569  Economic Opportunity Agency for Workforce Innovation or the
17570  state agency providing tax collection services. The wages
17571  subject to this chapter include tips or gratuities received
17572  while performing services that constitute employment and are
17573  included in a written statement furnished to the employer under
17574  s. 6053(a) of the Internal Revenue Code of 1954. As used in this
17575  section only, the term “employment” includes services
17576  constituting employment under any employment security law of
17577  another state or of the Federal Government.
17578         Section 365. Subsection (1) and paragraphs (a), (g), and
17579  (i) of subsection (3) of section 443.131, Florida Statutes, are
17580  amended to read:
17581         443.131 Contributions.—
17582         (1) PAYMENT OF CONTRIBUTIONS.—Contributions accrue and are
17583  payable by each employer for each calendar quarter he or she is
17584  subject to this chapter for wages paid during each calendar
17585  quarter for employment. Contributions are due and payable by
17586  each employer to the tax collection service provider, in
17587  accordance with the rules adopted by the Department of Economic
17588  Opportunity Agency for Workforce Innovation or the state agency
17589  providing tax collection services. This subsection does not
17590  prohibit the tax collection service provider from allowing, at
17591  the request of the employer, employers of employees performing
17592  domestic services, as defined in s. 443.1216(6), to pay
17593  contributions or report wages at intervals other than quarterly
17594  when the nonquarterly payment or reporting assists the service
17595  provider and when nonquarterly payment and reporting is
17596  authorized under federal law. Employers of employees performing
17597  domestic services may report wages and pay contributions
17598  annually, with a due date of January 1 and a delinquency date of
17599  February 1. To qualify for this election, the employer must
17600  employ only employees performing domestic services, be eligible
17601  for a variation from the standard rate computed under subsection
17602  (3), apply to this program no later than December 1 of the
17603  preceding calendar year, and agree to provide the department
17604  Agency for Workforce Innovation or its tax collection service
17605  provider with any special reports that are requested, including
17606  copies of all federal employment tax forms. An employer who
17607  fails to timely furnish any wage information required by the
17608  department Agency for Workforce Innovation or its tax collection
17609  service provider loses the privilege to participate in this
17610  program, effective the calendar quarter immediately after the
17611  calendar quarter the failure occurred. The employer may reapply
17612  for annual reporting when a complete calendar year elapses after
17613  the employer’s disqualification if the employer timely furnished
17614  any requested wage information during the period in which annual
17615  reporting was denied. An employer may not deduct contributions,
17616  interests, penalties, fines, or fees required under this chapter
17617  from any part of the wages of his or her employees. A fractional
17618  part of a cent less than one-half cent shall be disregarded from
17619  the payment of contributions, but a fractional part of at least
17620  one-half cent shall be increased to 1 cent.
17621         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
17622  EXPERIENCE.—
17623         (a) Employment records.—The regular and short-time
17624  compensation benefits paid to an eligible individual shall be
17625  charged to the employment record of each employer who paid the
17626  individual wages of at least $100 during the individual’s base
17627  period in proportion to the total wages paid by all employers
17628  who paid the individual wages during the individual’s base
17629  period. Benefits may not be charged to the employment record of
17630  an employer who furnishes part-time work to an individual who,
17631  because of loss of employment with one or more other employers,
17632  is eligible for partial benefits while being furnished part-time
17633  work by the employer on substantially the same basis and in
17634  substantially the same amount as the individual’s employment
17635  during his or her base period, regardless of whether this part
17636  time work is simultaneous or successive to the individual’s lost
17637  employment. Further, as provided in s. 443.151(3), benefits may
17638  not be charged to the employment record of an employer who
17639  furnishes the Department of Economic Opportunity Agency for
17640  Workforce Innovation with notice, as prescribed in agency rules
17641  of the department, that any of the following apply:
17642         1. If an individual leaves his or her work without good
17643  cause attributable to the employer or is discharged by the
17644  employer for misconduct connected with his or her work, benefits
17645  subsequently paid to the individual based on wages paid by the
17646  employer before the separation may not be charged to the
17647  employment record of the employer.
17648         2. If an individual is discharged by the employer for
17649  unsatisfactory performance during an initial employment
17650  probationary period, benefits subsequently paid to the
17651  individual based on wages paid during the probationary period by
17652  the employer before the separation may not be charged to the
17653  employer’s employment record. As used in this subparagraph, the
17654  term “initial employment probationary period” means an
17655  established probationary plan that applies to all employees or a
17656  specific group of employees and that does not exceed 90 calendar
17657  days following the first day a new employee begins work. The
17658  employee must be informed of the probationary period within the
17659  first 7 days of work. The employer must demonstrate by
17660  conclusive evidence that the individual was separated because of
17661  unsatisfactory work performance and not because of lack of work
17662  due to temporary, seasonal, casual, or other similar employment
17663  that is not of a regular, permanent, and year-round nature.
17664         3. Benefits subsequently paid to an individual after his or
17665  her refusal without good cause to accept suitable work from an
17666  employer may not be charged to the employment record of the
17667  employer if any part of those benefits are based on wages paid
17668  by the employer before the individual’s refusal to accept
17669  suitable work. As used in this subparagraph, the term “good
17670  cause” does not include distance to employment caused by a
17671  change of residence by the individual. The department Agency for
17672  Workforce Innovation shall adopt rules prescribing for the
17673  payment of all benefits whether this subparagraph applies
17674  regardless of whether a disqualification under s. 443.101
17675  applies to the claim.
17676         4. If an individual is separated from work as a direct
17677  result of a natural disaster declared under the Robert T.
17678  Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
17679  ss. 5121 et seq., benefits subsequently paid to the individual
17680  based on wages paid by the employer before the separation may
17681  not be charged to the employment record of the employer.
17682         (g) Transfer of unemployment experience upon transfer or
17683  acquisition of a business.—Notwithstanding any other provision
17684  of law, upon transfer or acquisition of a business, the
17685  following conditions apply to the assignment of rates and to
17686  transfers of unemployment experience:
17687         1.a. If an employer transfers its trade or business, or a
17688  portion thereof, to another employer and, at the time of the
17689  transfer, there is any common ownership, management, or control
17690  of the two employers, the unemployment experience attributable
17691  to the transferred trade or business shall be transferred to the
17692  employer to whom the business is so transferred. The rates of
17693  both employers shall be recalculated and made effective as of
17694  the beginning of the calendar quarter immediately following the
17695  date of the transfer of the trade or business unless the
17696  transfer occurred on the first day of a calendar quarter, in
17697  which case the rate shall be recalculated as of that date.
17698         b. If, following a transfer of experience under sub
17699  subparagraph a., the department Agency for Workforce Innovation
17700  or the tax collection service provider determines that a
17701  substantial purpose of the transfer of trade or business was to
17702  obtain a reduced liability for contributions, the experience
17703  rating account of the employers involved shall be combined into
17704  a single account and a single rate assigned to the account.
17705         2. Whenever a person who is not an employer under this
17706  chapter at the time it acquires the trade or business of an
17707  employer, the unemployment experience of the acquired business
17708  shall not be transferred to the person if the department Agency
17709  for Workforce Innovation or the tax collection service provider
17710  finds that such person acquired the business solely or primarily
17711  for the purpose of obtaining a lower rate of contributions.
17712  Instead, such person shall be assigned the new employer rate
17713  under paragraph (2)(a). In determining whether the business was
17714  acquired solely or primarily for the purpose of obtaining a
17715  lower rate of contributions, the tax collection service provider
17716  shall consider, but not be limited to, the following factors:
17717         a. Whether the person continued the business enterprise of
17718  the acquired business;
17719         b. How long such business enterprise was continued; or
17720         c. Whether a substantial number of new employees was hired
17721  for performance of duties unrelated to the business activity
17722  conducted before the acquisition.
17723         3. If a person knowingly violates or attempts to violate
17724  subparagraph 1. or subparagraph 2. or any other provision of
17725  this chapter related to determining the assignment of a
17726  contribution rate, or if a person knowingly advises another
17727  person to violate the law, the person shall be subject to the
17728  following penalties:
17729         a. If the person is an employer, the employer shall be
17730  assigned the highest rate assignable under this chapter for the
17731  rate year during which such violation or attempted violation
17732  occurred and for the 3 rate years immediately following this
17733  rate year. However, if the person’s business is already at the
17734  highest rate for any year, or if the amount of increase in the
17735  person’s rate would be less than 2 percent for such year, then a
17736  penalty rate of contribution of 2 percent of taxable wages shall
17737  be imposed for such year and the following 3 rate years.
17738         b. If the person is not an employer, such person shall be
17739  subject to a civil money penalty of not more than $5,000. The
17740  procedures for the assessment of a penalty shall be in
17741  accordance with the procedures set forth in s. 443.141(2), and
17742  the provisions of s. 443.141(3) shall apply to the collection of
17743  the penalty. Any such penalty shall be deposited in the penalty
17744  and interest account established under s. 443.211(2).
17745         4. For purposes of this paragraph, the term:
17746         a. “Knowingly” means having actual knowledge of or acting
17747  with deliberate ignorance or reckless disregard for the
17748  prohibition involved.
17749         b. “Violates or attempts to violate” includes, but is not
17750  limited to, intent to evade, misrepresent, or willfully
17751  nondisclose.
17752         5. In addition to the penalty imposed by subparagraph 3.,
17753  any person who violates this paragraph commits a felony of the
17754  third degree, punishable as provided in s. 775.082, s. 775.083,
17755  or s. 775.084.
17756         6. The department Agency for Workforce Innovation and the
17757  tax collection service provider shall establish procedures to
17758  identify the transfer or acquisition of a business for the
17759  purposes of this paragraph and shall adopt any rules necessary
17760  to administer this paragraph.
17761         7. For purposes of this paragraph:
17762         a. “Person” has the meaning given to the term by s.
17763  7701(a)(1) of the Internal Revenue Code of 1986.
17764         b. “Trade or business” shall include the employer’s
17765  workforce.
17766         8. This paragraph shall be interpreted and applied in such
17767  a manner as to meet the minimum requirements contained in any
17768  guidance or regulations issued by the United States Department
17769  of Labor.
17770         (i) Notice of determinations of contribution rates;
17771  redeterminations.—The state agency providing tax collection
17772  services:
17773         1. Shall promptly notify each employer of his or her
17774  contribution rate as determined for any calendar year under this
17775  section. The determination is conclusive and binding on the
17776  employer unless within 20 days after mailing the notice of
17777  determination to the employer’s last known address, or, in the
17778  absence of mailing, within 20 days after delivery of the notice,
17779  the employer files an application for review and redetermination
17780  setting forth the grounds for review. An employer may not, in
17781  any proceeding involving his or her contribution rate or
17782  liability for contributions, contest the chargeability to his or
17783  her employment record of any benefits paid in accordance with a
17784  determination, redetermination, or decision under s. 443.151,
17785  except on the ground that the benefits charged were not based on
17786  services performed in employment for him or her and then only if
17787  the employer was not a party to the determination,
17788  redetermination, or decision, or to any other proceeding under
17789  this chapter, in which the character of those services was
17790  determined.
17791         2. Shall, upon discovery of an error in computation,
17792  reconsider any prior determination or redetermination of a
17793  contribution rate after the 20-day period has expired and issue
17794  a revised notice of contribution rate as redetermined. A
17795  redetermination is subject to review, and is conclusive and
17796  binding if review is not sought, in the same manner as review of
17797  a determination under subparagraph 1. A reconsideration may not
17798  be made after March 31 of the calendar year immediately after
17799  the calendar year for which the contribution rate is applicable,
17800  and interest may not accrue on any additional contributions
17801  found to be due until 30 days after the employer is mailed
17802  notice of his or her revised contribution rate.
17803         3. May adopt rules providing for periodic notification to
17804  employers of benefits paid and charged to their employment
17805  records or of the status of those employment records. A
17806  notification, unless an application for redetermination is filed
17807  in the manner and within the time limits prescribed by the
17808  Department of Economic Opportunity Agency for Workforce
17809  Innovation, is conclusive and binding on the employer under this
17810  chapter. The redetermination, and the Agency for Workforce
17811  Innovation’s finding of fact of the department in connection
17812  with the redetermination, may be introduced in any subsequent
17813  administrative or judicial proceeding involving the
17814  determination of the contribution rate of an employer for any
17815  calendar year. A redetermination becomes final in the same
17816  manner provided in this subsection for findings of fact made by
17817  the department Agency for Workforce Innovation in proceedings to
17818  redetermine the contribution rate of an employer. Pending a
17819  redetermination or an administrative or judicial proceeding, the
17820  employer must file reports and pay contributions in accordance
17821  with this section.
17822         Section 366. Paragraph (d) of subsection (2) and paragraph
17823  (d) of subsection (3) of section 443.1312, Florida Statutes, are
17824  amended to read:
17825         443.1312 Reimbursements; nonprofit organizations.—Benefits
17826  paid to employees of nonprofit organizations shall be financed
17827  in accordance with this section.
17828         (2) LIABILITY FOR CONTRIBUTIONS AND ELECTION OF
17829  REIMBURSEMENT.—A nonprofit organization that is, or becomes,
17830  subject to this chapter under s. 443.1215(1)(c) or s.
17831  443.121(3)(a) must pay contributions under s. 443.131 unless it
17832  elects, in accordance with this subsection, to reimburse the
17833  Unemployment Compensation Trust Fund for all of the regular
17834  benefits, short-time compensation benefits, and one-half of the
17835  extended benefits paid, which are attributable to service in the
17836  employ of the nonprofit organization, to individuals for weeks
17837  of unemployment which begin during the effective period of the
17838  election.
17839         (d) In accordance with rules adopted by the Department of
17840  Economic Opportunity Agency for Workforce Innovation or the
17841  state agency providing unemployment tax collection services, the
17842  tax collection service provider shall notify each nonprofit
17843  organization of any determination of the organization’s status
17844  as an employer, the effective date of any election the
17845  organization makes, and the effective date of any termination of
17846  the election. Each determination is subject to reconsideration,
17847  appeal, and review under s. 443.141(2)(c).
17848         (3) PAYMENT OF REIMBURSEMENTS.—Reimbursements in lieu of
17849  contributions must be paid in accordance with this subsection.
17850         (d) The amount due, as specified in any bill from the tax
17851  collection service provider, is conclusive, and the nonprofit
17852  organization is liable for payment of that amount unless, within
17853  20 days after the bill is mailed to the organization’s last
17854  known address or otherwise delivered to the organization, the
17855  organization files an application for redetermination by the
17856  Department of Economic Opportunity Agency for Workforce
17857  Innovation, setting forth the grounds for the application. The
17858  department Agency for Workforce Innovation shall promptly review
17859  and reconsider the amount due, as specified in the bill, and
17860  shall issue a redetermination in each case in which an
17861  application for redetermination is filed. The redetermination is
17862  conclusive and the nonprofit organization is liable for payment
17863  of the amount due, as specified in the redetermination, unless,
17864  within 20 days after the redetermination is mailed to the
17865  organization’s last known address or otherwise delivered to the
17866  organization, the organization files a protest, setting forth
17867  the grounds for the appeal. Proceedings on the protest shall be
17868  conducted in accordance with s. 443.141(2).
17869         Section 367. Paragraph (b) of subsection (1) of section
17870  443.1313, Florida Statutes, is amended to read:
17871         443.1313 Public employers; reimbursements; election to pay
17872  contributions.—Benefits paid to employees of a public employer,
17873  as defined in s. 443.036, based on service described in s.
17874  443.1216(2) shall be financed in accordance with this section.
17875         (1) PAYMENT OF REIMBURSEMENTS.—
17876         (b) If a state agency is more than 120 days delinquent on
17877  reimbursements due to the Unemployment Compensation Trust Fund,
17878  the tax collection service provider shall certify to the Chief
17879  Financial Officer the amount due and the Chief Financial Officer
17880  shall transfer the amount due to the Unemployment Compensation
17881  Trust Fund from the funds of the agency which legally may be
17882  used for that purpose. If a public employer other than a state
17883  agency is more than 120 days delinquent on reimbursements due to
17884  the Unemployment Compensation Trust Fund, upon request by the
17885  tax collection service provider after a hearing, the Department
17886  of Revenue or the Department of Financial Services, as
17887  applicable, shall deduct the amount owed by the public employer
17888  from any funds to be distributed by the applicable department to
17889  the public employer for further distribution to the trust fund
17890  in accordance with this chapter. If an employer for whom the
17891  municipal or county tax collector collects taxes fails to make
17892  the reimbursements to the Unemployment Compensation Trust Fund
17893  required by this chapter, the tax collector after a hearing, at
17894  the request of the tax collection service provider and upon
17895  receipt of a certificate showing the amount owed by the
17896  employer, shall deduct the certified amount from any taxes
17897  collected for the employer and remit that amount to the tax
17898  collection service provider for further distribution to the
17899  trust fund in accordance with this chapter. This paragraph does
17900  not apply to amounts owed by a political subdivision of the
17901  state for benefits erroneously paid in which the claimant must
17902  repay to the Department of Economic Opportunity Agency for
17903  Workforce Innovation under s. 443.151(6)(a) or (b) any sum as
17904  benefits received.
17905         Section 368. Paragraphs (b) and (c) of subsection (4) and
17906  subsection (7) of section 443.1315, Florida Statutes, are
17907  amended to read:
17908         443.1315 Treatment of Indian tribes.—
17909         (4)
17910         (b)1. Services performed for an Indian tribe or tribal unit
17911  that fails to make required reimbursements, including
17912  assessments of interest and penalty, after all collection
17913  activities deemed necessary by the tax collection service
17914  provider, subject to approval by the Department of Economic
17915  Opportunity Agency for Workforce Innovation, are exhausted may
17916  not be treated as employment for purposes of paragraph (1)(b).
17917         2. The tax collection service provider may determine that
17918  any Indian tribe that loses coverage under subparagraph 1. may
17919  have services performed for the tribe subsequently included as
17920  employment for purposes of paragraph (1)(b) if all
17921  contributions, reimbursements, penalties, and interest are paid.
17922         (c) The department Agency for Workforce Innovation or its
17923  tax collection service provider shall immediately notify the
17924  United States Internal Revenue Service and the United States
17925  Department of Labor when an Indian tribe fails to make
17926  reimbursements required under this section, including
17927  assessments of interest and penalty, within 90 days after a
17928  final notice of delinquency.
17929         (7) The Department of Economic Opportunity Agency for
17930  Workforce Innovation and the state agency providing unemployment
17931  tax collection services shall adopt rules necessary to
17932  administer this section.
17933         Section 369. Section 443.1316, Florida Statutes, is amended
17934  to read:
17935         443.1316 Unemployment tax collection services; interagency
17936  agreement.—
17937         (1) The Department of Economic Opportunity Agency for
17938  Workforce Innovation shall contract with the Department of
17939  Revenue, through an interagency agreement, to perform the duties
17940  of the tax collection service provider and provide other
17941  unemployment tax collection services under this chapter. Under
17942  the interagency agreement, the tax collection service provider
17943  may only implement:
17944         (a) The provisions of this chapter conferring duties upon
17945  the tax collection service provider.
17946         (b) The provisions of law conferring duties upon the
17947  department Agency for Workforce Innovation which are
17948  specifically delegated to the tax collection service provider in
17949  the interagency agreement.
17950         (2)(a) The Department of Revenue is considered to be
17951  administering a revenue law of this state when the department
17952  implements this chapter, or otherwise provides unemployment tax
17953  collection services, under contract with the department Agency
17954  for Workforce Innovation through the interagency agreement.
17955         (b) Sections 213.015(1)-(3), (5)-(7), (9)-(19), and (21);
17956  213.018; 213.025; 213.051; 213.053; 213.0532; 213.0535; 213.055;
17957  213.071; 213.10; 213.21(4); 213.2201; 213.23; 213.24; 213.25;
17958  213.27; 213.28; 213.285; 213.34(1), (3), and (4); 213.37;
17959  213.50; 213.67; 213.69; 213.692; 213.73; 213.733; 213.74; and
17960  213.757 apply to the collection of unemployment contributions
17961  and reimbursements by the Department of Revenue unless
17962  prohibited by federal law.
17963         Section 370. Section 443.1317, Florida Statutes, is amended
17964  to read:
17965         443.1317 Rulemaking authority; enforcement of rules.—
17966         (1) DEPARTMENT OF ECONOMIC OPPORTUNITY AGENCY FOR WORKFORCE
17967  INNOVATION.—
17968         (a) Except as otherwise provided in s. 443.012, the
17969  Department of Economic Opportunity Agency for Workforce
17970  Innovation has ultimate authority over the administration of the
17971  Unemployment Compensation Program.
17972         (b) The department Agency for Workforce Innovation may
17973  adopt rules under ss. 120.536(1) and 120.54 to administer the
17974  provisions of this chapter conferring duties upon either the
17975  department agency or its tax collection service provider.
17976         (2) TAX COLLECTION SERVICE PROVIDER.—The state agency
17977  providing unemployment tax collection services under contract
17978  with the Department of Economic Opportunity Agency for Workforce
17979  Innovation through an interagency agreement pursuant to s.
17980  443.1316 may adopt rules under ss. 120.536(1) and 120.54,
17981  subject to approval by the department Agency for Workforce
17982  Innovation, to administer the provisions of law described in s.
17983  443.1316(1)(a) and (b) which are within this chapter. These
17984  rules must not conflict with the rules adopted by the department
17985  Agency for Workforce Innovation or with the interagency
17986  agreement.
17987         (3) ENFORCEMENT OF RULES.—The Department of Economic
17988  Opportunity Agency for Workforce Innovation may enforce any rule
17989  adopted by the state agency providing unemployment tax
17990  collection services to administer this chapter. The tax
17991  collection service provider may enforce any rule adopted by the
17992  department Agency for Workforce Innovation to administer the
17993  provisions of law described in s. 443.1316(1)(a) and (b).
17994         Section 371. Paragraphs (b), (c), and (f) of subsection
17995  (1), subsection (2), paragraphs (f) and (g) of subsection (3),
17996  and paragraph (c) of subsection (4) of section 443.141, Florida
17997  Statutes, are amended to read:
17998         443.141 Collection of contributions and reimbursements.—
17999         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
18000  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
18001         (b) Penalty for delinquent, erroneous, incomplete, or
18002  insufficient reports.—
18003         1. An employing unit that fails to file any report required
18004  by the Department of Economic Opportunity Agency for Workforce
18005  Innovation or its tax collection service provider, in accordance
18006  with rules for administering this chapter, shall pay to the
18007  service provider for each delinquent report the sum of $25 for
18008  each 30 days or fraction thereof that the employing unit is
18009  delinquent, unless the agency or its service provider, whichever
18010  required the report, finds that the employing unit has good
18011  reason for failing to file the report. The department agency or
18012  its service provider may assess penalties only through the date
18013  of the issuance of the final assessment notice. However,
18014  additional penalties accrue if the delinquent report is
18015  subsequently filed.
18016         2.a. An employing unit that files an erroneous, incomplete,
18017  or insufficient report with the department Agency for Workforce
18018  Innovation or its tax collection service provider shall pay a
18019  penalty. The amount of the penalty is $50 or 10 percent of any
18020  tax due, whichever is greater, but no more than $300 per report.
18021  The penalty shall be added to any tax, penalty, or interest
18022  otherwise due.
18023         b. The department agency or its tax collection service
18024  provider shall waive the penalty if the employing unit files an
18025  accurate, complete, and sufficient report within 30 days after a
18026  penalty notice is issued to the employing unit. The penalty may
18027  not be waived pursuant to this subparagraph more than one time
18028  during a 12-month period.
18029         c. As used in this subsection, the term “erroneous,
18030  incomplete, or insufficient report” means a report so lacking in
18031  information, completeness, or arrangement that the report cannot
18032  be readily understood, verified, or reviewed. Such reports
18033  include, but are not limited to, reports having missing wage or
18034  employee information, missing or incorrect social security
18035  numbers, or illegible entries; reports submitted in a format
18036  that is not approved by the department agency or its tax
18037  collection service provider; and reports showing gross wages
18038  that do not equal the total of the wages of each employee.
18039  However, the term does not include a report that merely contains
18040  inaccurate data that was supplied to the employer by the
18041  employee, if the employer was unaware of the inaccuracy.
18042         3. Penalties imposed pursuant to this paragraph shall be
18043  deposited in the Special Employment Security Administration
18044  Trust Fund.
18045         4. The penalty and interest for a delinquent, erroneous,
18046  incomplete, or insufficient report may be waived if the penalty
18047  or interest is inequitable. The provisions of s. 213.24(1) apply
18048  to any penalty or interest that is imposed under this section.
18049         (c) Application of partial payments.—If a delinquency
18050  exists in the employment record of an employer not in
18051  bankruptcy, a partial payment less than the total delinquency
18052  amount shall be applied to the employment record as the payor
18053  directs. In the absence of specific direction, the partial
18054  payment shall be applied to the payor’s employment record as
18055  prescribed in the rules of the department Agency for Workforce
18056  Innovation or the state agency providing tax collection
18057  services.
18058         (f) Adoption of rules.—The department Agency for Workforce
18059  Innovation and the state agency providing unemployment tax
18060  collection services may adopt rules to administer this
18061  subsection.
18062         (2) REPORTS, CONTRIBUTIONS, APPEALS.—
18063         (a) Failure to make reports and pay contributions.—If an
18064  employing unit determined by the tax collection service provider
18065  to be an employer subject to this chapter fails to make and file
18066  any report as and when required by this chapter or by any rule
18067  of the Department of Economic Opportunity Agency for Workforce
18068  Innovation or the state agency providing tax collection
18069  services, for the purpose of determining the amount of
18070  contributions due by the employer under this chapter, or if any
18071  filed report is found by the service provider to be incorrect or
18072  insufficient, and the employer, after being notified in writing
18073  by the service provider to file the report, or a corrected or
18074  sufficient report, as applicable, fails to file the report
18075  within 15 days after the date of the mailing of the notice, the
18076  tax collection service provider may:
18077         1. Determine the amount of contributions due from the
18078  employer based on the information readily available to it, which
18079  determination is deemed to be prima facie correct;
18080         2. Assess the employer the amount of contributions
18081  determined to be due; and
18082         3. Immediately notify the employer by mail of the
18083  determination and assessment including penalties as provided in
18084  this chapter, if any, added and assessed, and demand payment
18085  together with interest on the amount of contributions from the
18086  date that amount was due and payable.
18087         (b) Hearings.—The determination and assessment are final 15
18088  days after the date the assessment is mailed unless the employer
18089  files with the tax collection service provider within the 15
18090  days a written protest and petition for hearing specifying the
18091  objections thereto. The tax collection service provider shall
18092  promptly review each petition and may reconsider its
18093  determination and assessment in order to resolve the
18094  petitioner’s objections. The tax collection service provider
18095  shall forward each petition remaining unresolved to the
18096  department Agency for Workforce Innovation for a hearing on the
18097  objections. Upon receipt of a petition, the department Agency
18098  for Workforce Innovation shall schedule a hearing and notify the
18099  petitioner of the time and place of the hearing. The department
18100  Agency for Workforce Innovation may appoint special deputies to
18101  conduct hearings and to submit their findings together with a
18102  transcript of the proceedings before them and their
18103  recommendations to the department agency for its final order.
18104  Special deputies are subject to the prohibition against ex parte
18105  communications in s. 120.66. At any hearing conducted by the
18106  department Agency for Workforce Innovation or its special
18107  deputy, evidence may be offered to support the determination and
18108  assessment or to prove it is incorrect. In order to prevail,
18109  however, the petitioner must either prove that the determination
18110  and assessment are incorrect or file full and complete corrected
18111  reports. Evidence may also be submitted at the hearing to rebut
18112  the determination by the tax collection service provider that
18113  the petitioner is an employer under this chapter. Upon evidence
18114  taken before it or upon the transcript submitted to it with the
18115  findings and recommendation of its special deputy, the
18116  department Agency for Workforce Innovation shall either set
18117  aside the tax collection service provider’s determination that
18118  the petitioner is an employer under this chapter or reaffirm the
18119  determination. The amounts assessed under the final order,
18120  together with interest and penalties, must be paid within 15
18121  days after notice of the final order is mailed to the employer,
18122  unless judicial review is instituted in a case of status
18123  determination. Amounts due when the status of the employer is in
18124  dispute are payable within 15 days after the entry of an order
18125  by the court affirming the determination. However, any
18126  determination that an employing unit is not an employer under
18127  this chapter does not affect the benefit rights of any
18128  individual as determined by an appeals referee or the commission
18129  unless:
18130         1. The individual is made a party to the proceedings before
18131  the special deputy; or
18132         2. The decision of the appeals referee or the commission
18133  has not become final or the employing unit and the department
18134  Agency for Workforce Innovation were not made parties to the
18135  proceedings before the appeals referee or the commission.
18136         (c) Appeals.—The department Agency for Workforce Innovation
18137  and the state agency providing unemployment tax collection
18138  services shall adopt rules prescribing the procedures for an
18139  employing unit determined to be an employer to file an appeal
18140  and be afforded an opportunity for a hearing on the
18141  determination. Pending a hearing, the employing unit must file
18142  reports and pay contributions in accordance with s. 443.131.
18143         (3) COLLECTION PROCEEDINGS.—
18144         (f) Reproductions.—In any proceedings in any court under
18145  this chapter, reproductions of the original records of the
18146  Department of Economic Opportunity Agency for Workforce
18147  Innovation, its tax collection service provider, the former
18148  Agency for Workforce Innovation, the former Department of Labor
18149  and Employment Security, or the commission, including, but not
18150  limited to, photocopies or microfilm, are primary evidence in
18151  lieu of the original records or of the documents that were
18152  transcribed into those records.
18153         (g) Jeopardy assessment and warrant.—If the tax collection
18154  service provider reasonably believes that the collection of
18155  contributions or reimbursements from an employer will be
18156  jeopardized by delay, the service provider may assess the
18157  contributions or reimbursements immediately, together with
18158  interest or penalties when due, regardless of whether the
18159  contributions or reimbursements accrued are due, and may
18160  immediately issue a notice of lien and jeopardy warrant upon
18161  which proceedings may be conducted as provided in this section
18162  for notice of lien and warrant of the service provider. Within
18163  15 days after mailing the notice of lien by registered mail, the
18164  employer may protest the issuance of the lien in the same manner
18165  provided in paragraph (2)(a). The protest does not operate as a
18166  supersedeas or stay of enforcement unless the employer files
18167  with the sheriff seeking to enforce the warrant a good and
18168  sufficient surety bond in twice the amount demanded by the
18169  notice of lien or warrant. The bond must be conditioned upon
18170  payment of the amount subsequently found to be due from the
18171  employer to the tax collection service provider in the final
18172  order of the Department of Economic Opportunity Agency for
18173  Workforce Innovation upon protest of assessment. The jeopardy
18174  warrant and notice of lien are satisfied in the manner provided
18175  in this section upon payment of the amount finally determined to
18176  be due from the employer. If enforcement of the jeopardy warrant
18177  is not superseded as provided in this section, the employer is
18178  entitled to a refund from the fund of all amounts paid as
18179  contributions or reimbursements in excess of the amount finally
18180  determined to be due by the employer upon application being made
18181  as provided in this chapter.
18182         (4) MISCELLANEOUS PROVISIONS FOR COLLECTION OF
18183  CONTRIBUTIONS AND REIMBURSEMENTS.—
18184         (c) Any agent or employee designated by the Department of
18185  Economic Opportunity Agency for Workforce Innovation or its tax
18186  collection service provider may administer an oath to any person
18187  for any return or report required by this chapter or by the
18188  rules of the department Agency for Workforce Innovation or the
18189  state agency providing unemployment tax collection services, and
18190  an oath made before the department agency or its service
18191  provider or any authorized agent or employee has the same effect
18192  as an oath made before any judicial officer or notary public of
18193  the state.
18194         Section 372. Section 443.151, Florida Statutes, is amended
18195  to read:
18196         443.151 Procedure concerning claims.—
18197         (1) POSTING OF INFORMATION.—
18198         (a) Each employer must post and maintain in places readily
18199  accessible to individuals in her or his employ printed
18200  statements concerning benefit rights, claims for benefits, and
18201  other matters relating to the administration of this chapter as
18202  the Department of Economic Opportunity Agency for Workforce
18203  Innovation may by rule prescribe. Each employer must supply to
18204  individuals copies of printed statements or other materials
18205  relating to claims for benefits as directed by the agency’s
18206  rules of the department. The department Agency for Workforce
18207  Innovation shall supply these printed statements and other
18208  materials to each employer without cost to the employer.
18209         (b)1. The department Agency for Workforce Innovation shall
18210  advise each individual filing a new claim for unemployment
18211  compensation, at the time of filing the claim, that:
18212         a. Unemployment compensation is subject to federal income
18213  tax.
18214         b. Requirements exist pertaining to estimated tax payments.
18215         c. The individual may elect to have federal income tax
18216  deducted and withheld from the individual’s payment of
18217  unemployment compensation at the amount specified in the federal
18218  Internal Revenue Code.
18219         d. The individual is not permitted to change a previously
18220  elected withholding status more than twice per calendar year.
18221         2. Amounts deducted and withheld from unemployment
18222  compensation must remain in the Unemployment Compensation Trust
18223  Fund until transferred to the federal taxing authority as
18224  payment of income tax.
18225         3. The department Agency for Workforce Innovation shall
18226  follow all procedures specified by the United States Department
18227  of Labor and the federal Internal Revenue Service pertaining to
18228  the deducting and withholding of income tax.
18229         4. If more than one authorized request for deduction and
18230  withholding is made, amounts must be deducted and withheld in
18231  accordance with the following priorities:
18232         a. Unemployment overpayments have first priority;
18233         b. Child support payments have second priority; and
18234         c. Withholding under this subsection has third priority.
18235         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
18236  CLAIMANTS AND EMPLOYERS.—
18237         (a) In general.—Claims for benefits must be made in
18238  accordance with the rules adopted by the Department of Economic
18239  Opportunity Agency for Workforce Innovation. The department
18240  agency must notify claimants and employers regarding monetary
18241  and nonmonetary determinations of eligibility. Investigations of
18242  issues raised in connection with a claimant which may affect a
18243  claimant’s eligibility for benefits or charges to an employer’s
18244  employment record shall be conducted by the department agency
18245  through written, telephonic, or electronic means as prescribed
18246  by rule.
18247         (b) Process.—When the Unemployment Compensation Claims and
18248  Benefits Information System described in s. 443.1113 is fully
18249  operational, the process for filing claims must incorporate the
18250  process for registering for work with the workforce information
18251  systems established pursuant to s. 445.011. A claim for benefits
18252  may not be processed until the work registration requirement is
18253  satisfied. The department Agency for Workforce Innovation may
18254  adopt rules as necessary to administer the work registration
18255  requirement set forth in this paragraph.
18256         (3) DETERMINATION OF ELIGIBILITY.—
18257         (a) Notices of claim.—The Department of Economic
18258  Opportunity Agency for Workforce Innovation shall promptly
18259  provide a notice of claim to the claimant’s most recent
18260  employing unit and all employers whose employment records are
18261  liable for benefits under the monetary determination. The
18262  employer must respond to the notice of claim within 20 days
18263  after the mailing date of the notice, or in lieu of mailing,
18264  within 20 days after the delivery of the notice. If a
18265  contributing employer fails to timely respond to the notice of
18266  claim, the employer’s account may not be relieved of benefit
18267  charges as provided in s. 443.131(3)(a), notwithstanding
18268  paragraph (5)(b). The department agency may adopt rules as
18269  necessary to implement the processes described in this paragraph
18270  relating to notices of claim.
18271         (b) Monetary determinations.—In addition to the notice of
18272  claim, the department agency shall also promptly provide an
18273  initial monetary determination to the claimant and each base
18274  period employer whose account is subject to being charged for
18275  its respective share of benefits on the claim. The monetary
18276  determination must include a statement of whether and in what
18277  amount the claimant is entitled to benefits, and, in the event
18278  of a denial, must state the reasons for the denial. A monetary
18279  determination for the first week of a benefit year must also
18280  include a statement of whether the claimant was paid the wages
18281  required under s. 443.091(1)(g) and, if so, the first day of the
18282  benefit year, the claimant’s weekly benefit amount, and the
18283  maximum total amount of benefits payable to the claimant for a
18284  benefit year. The monetary determination is final unless within
18285  20 days after the mailing of the notices to the parties’ last
18286  known addresses, or in lieu of mailing, within 20 days after the
18287  delivery of the notices, an appeal or written request for
18288  reconsideration is filed by the claimant or other party entitled
18289  to notice. The department agency may adopt rules as necessary to
18290  implement the processes described in this paragraph relating to
18291  notices of monetary determinations and the appeals or
18292  reconsideration requests filed in response to such notices.
18293         (c) Nonmonetary determinations.—If the department agency
18294  receives information that may result in a denial of benefits,
18295  the department agency must complete an investigation of the
18296  claim required by subsection (2) and provide notice of a
18297  nonmonetary determination to the claimant and the employer from
18298  whom the claimant’s reason for separation affects his or her
18299  entitlement to benefits. The determination must state the reason
18300  for the determination and whether the unemployment tax account
18301  of the contributing employer is charged for benefits paid on the
18302  claim. The nonmonetary determination is final unless within 20
18303  days after the mailing of the notices to the parties’ last known
18304  addresses, or in lieu of mailing, within 20 days after the
18305  delivery of the notices, an appeal or written request for
18306  reconsideration is filed by the claimant or other party entitled
18307  to notice. The department agency may adopt rules as necessary to
18308  implement the processes described in this paragraph relating to
18309  notices of nonmonetary determination and the appeals or
18310  reconsideration requests filed in response to such notices, and
18311  may adopt rules prescribing the manner and procedure by which
18312  employers within the base period of a claimant become entitled
18313  to notice of nonmonetary determination.
18314         (d) Determinations in labor dispute cases.—Whenever any
18315  claim involves a labor dispute described in s. 443.101(4), the
18316  department Agency for Workforce Innovation shall promptly assign
18317  the claim to a special examiner who shall make a determination
18318  on the issues involving unemployment due to the labor dispute.
18319  The special examiner shall make the determination after an
18320  investigation, as necessary. The claimant or another party
18321  entitled to notice of the determination may appeal a
18322  determination under subsection (4).
18323         (e) Redeterminations.—
18324         1. The department Agency for Workforce Innovation may
18325  reconsider a determination if it finds an error or if new
18326  evidence or information pertinent to the determination is
18327  discovered after a prior determination or redetermination. A
18328  redetermination may not be made more than 1 year after the last
18329  day of the benefit year unless the disqualification for making a
18330  false or fraudulent representation under s. 443.101(6) is
18331  applicable, in which case the redetermination may be made within
18332  2 years after the false or fraudulent representation. The
18333  department agency must promptly give notice of redetermination
18334  to the claimant and to any employers entitled to notice in the
18335  manner prescribed in this section for the notice of an initial
18336  determination.
18337         2. If the amount of benefits is increased by the
18338  redetermination, an appeal of the redetermination based solely
18339  on the increase may be filed as provided in subsection (4). If
18340  the amount of benefits is decreased by the redetermination, the
18341  redetermination may be appealed by the claimant if a subsequent
18342  claim for benefits is affected in amount or duration by the
18343  redetermination. If the final decision on the determination or
18344  redetermination to be reconsidered was made by an appeals
18345  referee, the commission, or a court, the department Agency for
18346  Workforce Innovation may apply for a revised decision from the
18347  body or court that made the final decision.
18348         3. If an appeal of an original determination is pending
18349  when a redetermination is issued, the appeal unless withdrawn is
18350  treated as an appeal from the redetermination.
18351         (4) APPEALS.—
18352         (a) Appeals referees.—The Department of Economic
18353  Opportunity Agency for Workforce Innovation shall appoint one or
18354  more impartial salaried appeals referees in accordance with s.
18355  443.171(3) to hear and decide appealed claims. A person may not
18356  participate on behalf of the department Agency for Workforce
18357  Innovation as an appeals referee in any case in which she or he
18358  is an interested party. The department Agency for Workforce
18359  Innovation may designate alternates to serve in the absence or
18360  disqualification of any appeals referee on a temporary basis.
18361  These alternates must have the same qualifications required of
18362  appeals referees. The department Agency for Workforce Innovation
18363  shall provide the commission and the appeals referees with
18364  proper facilities and assistance for the execution of their
18365  functions.
18366         (b) Filing and hearing.—
18367         1. The claimant or any other party entitled to notice of a
18368  determination may appeal an adverse determination to an appeals
18369  referee within 20 days after the date of mailing of the notice
18370  to her or his last known address or, if the notice is not
18371  mailed, within 20 days after the date of delivery of the notice.
18372         2. Unless the appeal is untimely or withdrawn or review is
18373  initiated by the commission, the appeals referee, after mailing
18374  all parties and attorneys of record a notice of hearing at least
18375  10 days before the date of hearing, notwithstanding the 14-day
18376  notice requirement in s. 120.569(2)(b), may only affirm, modify,
18377  or reverse the determination. An appeal may not be withdrawn
18378  without the permission of the appeals referee.
18379         3. However, when an appeal appears to have been filed after
18380  the permissible time limit, the Office of Appeals may issue an
18381  order to show cause to the appellant, requiring the appellant to
18382  show why the appeal should not be dismissed as untimely. If the
18383  appellant does not, within 15 days after the mailing date of the
18384  order to show cause, provide written evidence of timely filing
18385  or good cause for failure to appeal timely, the appeal shall be
18386  dismissed.
18387         4. When an appeal involves a question of whether services
18388  were performed by a claimant in employment or for an employer,
18389  the referee must give special notice of the question and of the
18390  pendency of the appeal to the employing unit and to the
18391  department Agency for Workforce Innovation, both of which become
18392  parties to the proceeding.
18393         5. The parties must be notified promptly of the referee’s
18394  decision. The referee’s decision is final unless further review
18395  is initiated under paragraph (c) within 20 days after the date
18396  of mailing notice of the decision to the party’s last known
18397  address or, in lieu of mailing, within 20 days after the
18398  delivery of the notice.
18399         (c) Review by commission.—The commission may, on its own
18400  motion, within the time limit in paragraph (b), initiate a
18401  review of the decision of an appeals referee. The commission may
18402  also allow the department Agency for Workforce Innovation or any
18403  adversely affected party entitled to notice of the decision to
18404  appeal the decision by filing an application within the time
18405  limit in paragraph (b). An adversely affected party has the
18406  right to appeal the decision if the department’s Agency for
18407  Workforce Innovation’s determination is not affirmed by the
18408  appeals referee. The commission may affirm, modify, or reverse
18409  the findings and conclusions of the appeals referee based on
18410  evidence previously submitted in the case or based on additional
18411  evidence taken at the direction of the commission. The
18412  commission may assume jurisdiction of or transfer to another
18413  appeals referee the proceedings on any claim pending before an
18414  appeals referee. Any proceeding in which the commission assumes
18415  jurisdiction before completion must be heard by the commission
18416  in accordance with the requirement of this subsection for
18417  proceedings before an appeals referee. When the commission
18418  denies an application to hear an appeal of an appeals referee’s
18419  decision, the decision of the appeals referee is the decision of
18420  the commission for purposes of this paragraph and is subject to
18421  judicial review within the same time and manner as decisions of
18422  the commission, except that the time for initiating review runs
18423  from the date of notice of the commission’s order denying the
18424  application to hear an appeal.
18425         (d) Procedure.—The manner that appealed claims are
18426  presented must comply with the commission’s rules. Witnesses
18427  subpoenaed under this section are allowed fees at the rate
18428  established by s. 92.142, and fees of witnesses subpoenaed on
18429  behalf of the department Agency for Workforce Innovation or any
18430  claimant are deemed part of the expense of administering this
18431  chapter.
18432         (e) Judicial review.—Orders of the commission entered under
18433  paragraph (c) are subject to review only by notice of appeal in
18434  the district court of appeal in the appellate district in which
18435  the issues involved were decided by an appeals referee.
18436  Notwithstanding chapter 120, the commission is a party
18437  respondent to every such proceeding. The department Agency for
18438  Workforce Innovation may initiate judicial review of orders in
18439  the same manner and to the same extent as any other party.
18440         (5) PAYMENT OF BENEFITS.—
18441         (a) The Department of Economic Opportunity Agency for
18442  Workforce Innovation shall promptly pay benefits in accordance
18443  with a determination or redetermination regardless of any appeal
18444  or pending appeal. Before payment of benefits to the claimant,
18445  however, each employer who is liable for reimbursements in lieu
18446  of contributions for payment of the benefits must be notified,
18447  at the address on file with the department Agency for Workforce
18448  Innovation or its tax collection service provider, of the
18449  initial determination of the claim and must be given 10 days to
18450  respond.
18451         (b) The department Agency for Workforce Innovation shall
18452  promptly pay benefits, regardless of whether a determination is
18453  under appeal if the determination allowing benefits is affirmed
18454  in any amount by an appeals referee or is affirmed by the
18455  commission, or if a decision of an appeals referee allowing
18456  benefits is affirmed in any amount by the commission. In these
18457  instances, a court may not issue an injunction, supersedeas,
18458  stay, or other writ or process suspending payment of benefits. A
18459  contributing employer that responded to the notice of claim
18460  within the time limit provided in subsection (3) may not,
18461  however, be charged with benefits paid under an erroneous
18462  determination if the decision is ultimately reversed. Benefits
18463  are not paid for any subsequent weeks of unemployment involved
18464  in a reversal.
18465         (c) The provisions of paragraph (b) relating to charging an
18466  employer liable for contributions do not apply to reimbursing
18467  employers.
18468         (6) RECOVERY AND RECOUPMENT.—
18469         (a) Any person who, by reason of her or his fraud, receives
18470  benefits under this chapter to which she or he is not entitled
18471  is liable for repaying those benefits to the Department of
18472  Economic Opportunity Agency for Workforce Innovation on behalf
18473  of the trust fund or, in the agency’s discretion of the
18474  department, to have those benefits deducted from future benefits
18475  payable to her or him under this chapter. To enforce this
18476  paragraph, the department agency must find the existence of
18477  fraud through a redetermination or decision under this section
18478  within 2 years after the fraud was committed. Any recovery or
18479  recoupment of benefits must be effected within 5 years after the
18480  redetermination or decision.
18481         (b) Any person who, by reason other than her or his fraud,
18482  receives benefits under this chapter to which, under a
18483  redetermination or decision pursuant to this section, she or he
18484  is not entitled, is liable for repaying those benefits to the
18485  department Agency for Workforce Innovation on behalf of the
18486  trust fund or, in the agency’s discretion of the department, to
18487  have those benefits deducted from any future benefits payable to
18488  her or him under this chapter. Any recovery or recoupment of
18489  benefits must be effected within 3 years after the
18490  redetermination or decision.
18491         (c) Any person who, by reason other than fraud, receives
18492  benefits under this chapter to which she or he is not entitled
18493  as a result of an employer’s failure to respond to a claim
18494  within the timeframe provided in subsection (3) is not liable
18495  for repaying those benefits to the department Agency for
18496  Workforce Innovation on behalf of the trust fund or to have
18497  those benefits deducted from any future benefits payable to her
18498  or him under this chapter.
18499         (d) Recoupment from future benefits is not permitted if the
18500  benefits are received by any person without fault on the
18501  person’s part and recoupment would defeat the purpose of this
18502  chapter or would be inequitable and against good conscience.
18503         (e) The department Agency for Workforce Innovation shall
18504  collect the repayment of benefits without interest by the
18505  deduction of benefits through a redetermination or by a civil
18506  action.
18507         (f) Notwithstanding any other provision of this chapter,
18508  any person who is determined by this state, a cooperating state
18509  agency, the United States Secretary of Labor, or a court to have
18510  received any payments under the Trade Act of 1974, as amended,
18511  to which the person was not entitled shall have those payments
18512  deducted from any regular benefits, as defined in s.
18513  443.1115(1)(e), payable to her or him under this chapter. Each
18514  such deduction may not exceed 50 percent of the amount otherwise
18515  payable. The payments deducted shall be remitted to the agency
18516  that issued the payments under the Trade Act of 1974, as
18517  amended, for return to the United States Treasury. Except for
18518  overpayments determined by a court, a deduction may not be made
18519  under this paragraph until a determination by the state agency
18520  or the United States Secretary of Labor is final.
18521         (7) REPRESENTATION IN ADMINISTRATIVE PROCEEDINGS.—In any
18522  administrative proceeding conducted under this chapter, an
18523  employer or a claimant has the right, at his or her own expense,
18524  to be represented by counsel or by an authorized representative.
18525  Notwithstanding s. 120.62(2), the authorized representative need
18526  not be a qualified representative.
18527         (8) BILINGUAL REQUIREMENTS.—
18528         (a) The Department of Economic Opportunity Agency for
18529  Workforce Innovation shall provide printed bilingual
18530  instructional and educational materials in the appropriate
18531  language in those counties in which 5 percent or more of the
18532  households in the county are classified as a single-language
18533  minority.
18534         (b) The department Agency for Workforce Innovation shall
18535  ensure that one-stop career centers and appeals offices located
18536  in counties subject to the requirements of paragraph (c)
18537  prominently post notices in the appropriate languages and that
18538  translators are available in those centers and offices.
18539         (c) As used in this subsection, the term “single-language
18540  minority” means households that speak the same non-English
18541  language and that do not contain an adult fluent in English. The
18542  department Agency for Workforce Innovation shall develop
18543  estimates of the percentages of single-language minority
18544  households for each county by using data from the United States
18545  Bureau of the Census.
18546         Section 373. Subsection (1), paragraphs (a) and (c) of
18547  subsection (3), and subsection (4) of section 443.163, Florida
18548  Statutes, are amended to read:
18549         443.163 Electronic reporting and remitting of contributions
18550  and reimbursements.—
18551         (1) An employer may file any report and remit any
18552  contributions or reimbursements required under this chapter by
18553  electronic means. The Department of Economic Opportunity Agency
18554  for Workforce Innovation or the state agency providing
18555  unemployment tax collection services shall adopt rules
18556  prescribing the format and instructions necessary for
18557  electronically filing reports and remitting contributions and
18558  reimbursements to ensure a full collection of contributions and
18559  reimbursements due. The acceptable method of transfer, the
18560  method, form, and content of the electronic means, and the
18561  method, if any, by which the employer will be provided with an
18562  acknowledgment shall be prescribed by the department Agency for
18563  Workforce Innovation or its tax collection service provider.
18564  However, any employer who employed 10 or more employees in any
18565  quarter during the preceding state fiscal year must file the
18566  Employers Quarterly Reports (UCT-6) for the current calendar
18567  year and remit the contributions and reimbursements due by
18568  electronic means approved by the tax collection service
18569  provider. A person who prepared and reported for 100 or more
18570  employers in any quarter during the preceding state fiscal year
18571  must file the Employers Quarterly Reports (UCT-6) for each
18572  calendar quarter in the current calendar year, beginning with
18573  reports due for the second calendar quarter of 2003, by
18574  electronic means approved by the tax collection service
18575  provider.
18576         (3) The tax collection service provider may waive the
18577  requirement to file an Employers Quarterly Report (UCT-6) by
18578  electronic means for employers that are unable to comply despite
18579  good faith efforts or due to circumstances beyond the employer’s
18580  reasonable control.
18581         (a) As prescribed by the Department of Economic Opportunity
18582  Agency for Workforce Innovation or its tax collection service
18583  provider, grounds for approving the waiver include, but are not
18584  limited to, circumstances in which the employer does not:
18585         1. Currently file information or data electronically with
18586  any business or government agency; or
18587         2. Have a compatible computer that meets or exceeds the
18588  standards prescribed by the department Agency for Workforce
18589  Innovation or its tax collection service provider.
18590         (c) The department Agency for Workforce Innovation or the
18591  state agency providing unemployment tax collection services may
18592  establish by rule the length of time a waiver is valid and may
18593  determine whether subsequent waivers will be authorized, based
18594  on this subsection.
18595         (4) As used in this section, the term “electronic means”
18596  includes, but is not limited to, electronic data interchange;
18597  electronic funds transfer; and use of the Internet, telephone,
18598  or other technology specified by the Department of Economic
18599  Opportunity Agency for Workforce Innovation or its tax
18600  collection service provider.
18601         Section 374. Section 443.171, Florida Statutes, is amended
18602  to read:
18603         443.171 Department of Economic Opportunity Agency for
18604  Workforce Innovation and commission; powers and duties; records
18605  and reports; proceedings; state-federal cooperation.—
18606         (1) POWERS AND DUTIES.—The Department of Economic
18607  Opportunity Agency for Workforce Innovation shall administer
18608  this chapter. The department agency may employ those persons,
18609  make expenditures, require reports, conduct investigations, and
18610  take other action necessary or suitable to administer this
18611  chapter. The department Agency for Workforce Innovation shall
18612  annually submit information to Workforce Florida, Inc., covering
18613  the administration and operation of this chapter during the
18614  preceding calendar year for inclusion in the strategic plan
18615  under s. 445.006 and may make recommendations for amendment to
18616  this chapter.
18617         (2) PUBLICATION OF ACTS AND RULES.—The Department of
18618  Economic Opportunity Agency for Workforce Innovation shall cause
18619  to be printed and distributed to the public, or otherwise
18620  distributed to the public through the Internet or similar
18621  electronic means, the text of this chapter and of the rules for
18622  administering this chapter adopted by the department agency or
18623  the state agency providing unemployment tax collection services
18624  and any other matter relevant and suitable. The department
18625  Agency for Workforce Innovation shall furnish this information
18626  to any person upon request. However, any pamphlet, rules,
18627  circulars, or reports required by this chapter may not contain
18628  any matter except the actual data necessary to complete them or
18629  the actual language of the rule, together with the proper
18630  notices.
18631         (3) PERSONNEL.—Subject to chapter 110 and the other
18632  provisions of this chapter, the Department of Economic
18633  Opportunity Agency for Workforce Innovation may appoint, set the
18634  compensation of, and prescribe the duties and powers of
18635  employees, accountants, attorneys, experts, and other persons as
18636  necessary for the performance of the agency’s duties of the
18637  department under this chapter. The department Agency for
18638  Workforce Innovation may delegate to any person its power and
18639  authority under this chapter as necessary for the effective
18640  administration of this chapter and may bond any person handling
18641  moneys or signing checks under this chapter. The cost of these
18642  bonds must be paid from the Employment Security Administration
18643  Trust Fund.
18644         (4) EMPLOYMENT STABILIZATION.—The Department of Economic
18645  Opportunity Agency for Workforce Innovation, under the direction
18646  of Workforce Florida, Inc., shall take all appropriate steps to
18647  reduce and prevent unemployment; to encourage and assist in the
18648  adoption of practical methods of career training, retraining,
18649  and career guidance; to investigate, recommend, advise, and
18650  assist in the establishment and operation, by municipalities,
18651  counties, school districts, and the state, of reserves for
18652  public works to be used in times of business depression and
18653  unemployment; to promote the reemployment of the unemployed
18654  workers throughout the state in every other way that may be
18655  feasible; to refer any claimant entitled to extended benefits to
18656  suitable work which meets the criteria of this chapter; and, to
18657  these ends, to carry on and publish the results of
18658  investigations and research studies.
18659         (5) RECORDS AND REPORTS.—Each employing unit shall keep
18660  true and accurate work records, containing the information
18661  required by the Department of Economic Opportunity Agency for
18662  Workforce Innovation or its tax collection service provider.
18663  These records must be open to inspection and are subject to
18664  being copied by the department Agency for Workforce Innovation
18665  or its tax collection service provider at any reasonable time
18666  and as often as necessary. The department Agency for Workforce
18667  Innovation or its tax collection service provider may require
18668  from any employing unit any sworn or unsworn reports, for
18669  persons employed by the employing unit, necessary for the
18670  effective administration of this chapter. However, a state or
18671  local governmental agency performing intelligence or
18672  counterintelligence functions need not report an employee if the
18673  head of that agency determines that reporting the employee could
18674  endanger the safety of the employee or compromise an ongoing
18675  investigation or intelligence mission. Information revealing the
18676  employing unit’s or individual’s identity obtained from the
18677  employing unit or from any individual through the administration
18678  of this chapter, is, except to the extent necessary for the
18679  proper presentation of a claim or upon written authorization of
18680  the claimant who has a workers’ compensation claim pending,
18681  confidential and exempt from s. 119.07(1). This confidential
18682  information is available only to public employees in the
18683  performance of their public duties. Any claimant, or the
18684  claimant’s legal representative, at a hearing before an appeals
18685  referee or the commission must be supplied with information from
18686  these records to the extent necessary for the proper
18687  presentation of her or his claim. Any employee or member of the
18688  commission, any employee of the department Agency for Workforce
18689  Innovation or its tax collection service provider, or any other
18690  person receiving confidential information who violates this
18691  subsection commits a misdemeanor of the second degree,
18692  punishable as provided in s. 775.082 or s. 775.083. However, the
18693  department Agency for Workforce Innovation or its tax collection
18694  service provider may furnish to any employer copies of any
18695  report previously submitted by that employer, upon the request
18696  of the employer. The department Agency for Workforce Innovation
18697  or its tax collection service provider may charge a reasonable
18698  fee for copies of reports, which may not exceed the actual
18699  reasonable cost of the preparation of the copies as prescribed
18700  by rules adopted by the department Agency for Workforce
18701  Innovation or the state agency providing tax collection
18702  services. Fees received by the department Agency for Workforce
18703  Innovation or its tax collection service provider for copies
18704  furnished under this subsection must be deposited in the
18705  Employment Security Administration Trust Fund.
18706         (6) OATHS AND WITNESSES.—In the discharge of the duties
18707  imposed by this chapter, the Department of Economic Opportunity
18708  Agency for Workforce Innovation, its tax collection service
18709  provider, the members of the commission, and any authorized
18710  representative of any of these entities may administer oaths and
18711  affirmations, take depositions, certify to official acts, and
18712  issue subpoenas to compel the attendance of witnesses and the
18713  production of books, papers, correspondence, memoranda, and
18714  other records deemed necessary as evidence in connection with
18715  the administration of this chapter.
18716         (7) SUBPOENAS.—If a person refuses to obey a subpoena
18717  issued to that person, any court of this state within the
18718  jurisdiction of which the inquiry is carried on, or within the
18719  jurisdiction of which the person is found, resides, or transacts
18720  business, upon application by the Department of Economic
18721  Opportunity Agency for Workforce Innovation, its tax collection
18722  service provider, the commission, or any authorized
18723  representative of any of these entities has jurisdiction to
18724  order the person to appear before the entity to produce evidence
18725  or give testimony on the matter under investigation or in
18726  question. Failure to obey the order of the court may be punished
18727  by the court as contempt. Any person who fails or refuses
18728  without just cause to appear or testify; to answer any lawful
18729  inquiry; or to produce books, papers, correspondence, memoranda,
18730  and other records within her or his control as commanded in a
18731  subpoena of the department Agency for Workforce Innovation, its
18732  tax collection service provider, the commission, or any
18733  authorized representative of any of these entities commits a
18734  misdemeanor of the second degree, punishable as provided in s.
18735  775.082 or s. 775.083. Each day that a violation continues is a
18736  separate offense.
18737         (8) PROTECTION AGAINST SELF-INCRIMINATION.—A person is not
18738  excused from appearing or testifying, or from producing books,
18739  papers, correspondence, memoranda, or other records, before the
18740  Department of Economic Opportunity Agency for Workforce
18741  Innovation, its tax collection service provider, the commission,
18742  or any authorized representative of any of these entities or as
18743  commanded in a subpoena of any of these entities in any
18744  proceeding before the department Agency for Workforce
18745  Innovation, the commission, an appeals referee, or a special
18746  deputy on the ground that the testimony or evidence, documentary
18747  or otherwise, required of the person may incriminate her or him
18748  or subject her or him to a penalty or forfeiture. That person
18749  may not be prosecuted or subjected to any penalty or forfeiture
18750  for or on account of any transaction, matter, or thing
18751  concerning which she or he is compelled, after having claimed
18752  her or his privilege against self-incrimination, to testify or
18753  produce evidence, documentary or otherwise, except that the
18754  person testifying is not exempt from prosecution and punishment
18755  for perjury committed while testifying.
18756         (9) STATE-FEDERAL COOPERATION.—
18757         (a)1. In the administration of this chapter, the Department
18758  of Economic Opportunity Agency for Workforce Innovation and its
18759  tax collection service provider shall cooperate with the United
18760  States Department of Labor to the fullest extent consistent with
18761  this chapter and shall take those actions, through the adoption
18762  of appropriate rules, administrative methods, and standards,
18763  necessary to secure for this state all advantages available
18764  under the provisions of federal law relating to unemployment
18765  compensation.
18766         2. In the administration of the provisions in s. 443.1115,
18767  which are enacted to conform with the Federal-State Extended
18768  Unemployment Compensation Act of 1970, the department Agency for
18769  Workforce Innovation shall take those actions necessary to
18770  ensure that those provisions are interpreted and applied to meet
18771  the requirements of the federal act as interpreted by the United
18772  States Department of Labor and to secure for this state the full
18773  reimbursement of the federal share of extended benefits paid
18774  under this chapter which is reimbursable under the federal act.
18775         3. The department Agency for Workforce Innovation and its
18776  tax collection service provider shall comply with the
18777  regulations of the United States Department of Labor relating to
18778  the receipt or expenditure by this state of funds granted under
18779  federal law; shall submit the reports in the form and containing
18780  the information the United States Department of Labor requires;
18781  and shall comply with directions of the United States Department
18782  of Labor necessary to assure the correctness and verification of
18783  these reports.
18784         (b) The department Agency for Workforce Innovation and its
18785  tax collection service provider may cooperate with every agency
18786  of the United States charged with administration of any
18787  unemployment insurance law.
18788         (c) The department Agency for Workforce Innovation and its
18789  tax collection service provider shall cooperate with the
18790  agencies of other states, and shall make every proper effort
18791  within their means, to oppose and prevent any further action
18792  leading to the complete or substantial federalization of state
18793  unemployment compensation funds or state employment security
18794  programs. The department Agency for Workforce Innovation and its
18795  tax collection service provider may make, and may cooperate with
18796  other appropriate agencies in making, studies as to the
18797  practicability and probable cost of possible new state
18798  administered social security programs and the relative
18799  desirability of state, rather than federal, action in that field
18800  of study.
18801         Section 375. Subsections (1) and (2) of section 443.1715,
18802  Florida Statutes, are amended to read:
18803         443.1715 Disclosure of information; confidentiality.—
18804         (1) RECORDS AND REPORTS.—Information revealing an employing
18805  unit’s or individual’s identity obtained from the employing unit
18806  or any individual under the administration of this chapter, and
18807  any determination revealing that information, except to the
18808  extent necessary for the proper presentation of a claim or upon
18809  written authorization of the claimant who has a workers’
18810  compensation claim pending or is receiving compensation
18811  benefits, is confidential and exempt from s. 119.07(1) and s.
18812  24(a), Art. I of the State Constitution. This confidential
18813  information may be released only to public employees in the
18814  performance of their public duties. Except as otherwise provided
18815  by law, public employees receiving this confidential information
18816  must maintain the confidentiality of the information. Any
18817  claimant, or the claimant’s legal representative, at a hearing
18818  before an appeals referee or the commission is entitled to
18819  information from these records to the extent necessary for the
18820  proper presentation of her or his claim. A person receiving
18821  confidential information who violates this subsection commits a
18822  misdemeanor of the second degree, punishable as provided in s.
18823  775.082 or s. 775.083. The Department of Economic Opportunity
18824  Agency for Workforce Innovation or its tax collection service
18825  provider may, however, furnish to any employer copies of any
18826  report submitted by that employer upon the request of the
18827  employer and may furnish to any claimant copies of any report
18828  submitted by that claimant upon the request of the claimant. The
18829  department Agency for Workforce Innovation or its tax collection
18830  service provider may charge a reasonable fee for copies of these
18831  reports as prescribed by rule, which may not exceed the actual
18832  reasonable cost of the preparation of the copies. Fees received
18833  for copies under this subsection must be deposited in the
18834  Employment Security Administration Trust Fund.
18835         (2) DISCLOSURE OF INFORMATION.—
18836         (a) Subject to restrictions the Department of Economic
18837  Opportunity Agency for Workforce Innovation or the state agency
18838  providing unemployment tax collection services adopts by rule,
18839  information declared confidential under this section is
18840  available to any agency of this or any other state, or any
18841  federal agency, charged with the administration of any
18842  unemployment compensation law or the maintenance of the one-stop
18843  delivery system, or the Bureau of Internal Revenue of the United
18844  States Department of the Treasury, the Governor’s Office of
18845  Tourism, Trade, and Economic Development, or the Florida
18846  Department of Revenue. Information obtained in connection with
18847  the administration of the one-stop delivery system may be made
18848  available to persons or agencies for purposes appropriate to the
18849  operation of a public employment service or a job-preparatory or
18850  career education or training program. The department Agency for
18851  Workforce Innovation shall, on a quarterly basis, furnish the
18852  National Directory of New Hires with information concerning the
18853  wages and unemployment benefits paid to individuals, by the
18854  dates, in the format, and containing the information specified
18855  in the regulations of the United States Secretary of Health and
18856  Human Services. Upon request, the department Agency for
18857  Workforce Innovation shall furnish any agency of the United
18858  States charged with the administration of public works or
18859  assistance through public employment, and may furnish to any
18860  state agency similarly charged, the name, address, ordinary
18861  occupation, and employment status of each recipient of benefits
18862  and the recipient’s rights to further benefits under this
18863  chapter. Except as otherwise provided by law, the receiving
18864  agency must retain the confidentiality of this information as
18865  provided in this section. The tax collection service provider
18866  may request the Comptroller of the Currency of the United States
18867  to examine the correctness of any return or report of any
18868  national banking association rendered under this chapter and may
18869  in connection with that request transmit any report or return
18870  for examination to the Comptroller of the Currency of the United
18871  States as provided in s. 3305(c) of the federal Internal Revenue
18872  Code.
18873         (b) The employer or the employer’s workers’ compensation
18874  carrier against whom a claim for benefits under chapter 440 has
18875  been made, or a representative of either, may request from the
18876  department Agency for Workforce Innovation records of wages of
18877  the employee reported to the department agency by any employer
18878  for the quarter that includes the date of the accident that is
18879  the subject of such claim and for subsequent quarters.
18880         1. The request must be made with the authorization or
18881  consent of the employee or any employer who paid wages to the
18882  employee after the date of the accident.
18883         2. The employer or carrier shall make the request on a form
18884  prescribed by rule for such purpose by the agency. Such form
18885  shall contain a certification by the requesting party that it is
18886  a party entitled to the information requested.
18887         3. The department agency shall provide the most current
18888  information readily available within 15 days after receiving the
18889  request.
18890         Section 376. Section 443.181, Florida Statutes, is amended
18891  to read:
18892         443.181 Public employment service.—
18893         (1) The one-stop delivery system established under s.
18894  445.009 is this state’s public employment service as part of the
18895  national system of public employment offices under 29 U.S.C. s.
18896  49. The Department of Economic Opportunity Agency for Workforce
18897  Innovation, under policy direction from Workforce Florida, Inc.,
18898  shall cooperate with any official or agency of the United States
18899  having power or duties under 29 U.S.C. ss. 49-49l-1 and shall
18900  perform those duties necessary to secure to this state the funds
18901  provided under federal law for the promotion and maintenance of
18902  the state’s public employment service. In accordance with 29
18903  U.S.C. s. 49c, this state accepts 29 U.S.C. ss. 49-49l-1. The
18904  department Agency for Workforce Innovation is designated the
18905  state agency responsible for cooperating with the United States
18906  Secretary of Labor under 29 U.S.C. s. 49c. The department Agency
18907  for Workforce Innovation shall appoint sufficient employees to
18908  administer this section. The department Agency for Workforce
18909  Innovation may cooperate with or enter into agreements with the
18910  Railroad Retirement Board for the establishment, maintenance,
18911  and use of one-stop career centers.
18912         (2) All funds received by this state under 29 U.S.C. ss.
18913  49-49l-1 must be paid into the Employment Security
18914  Administration Trust Fund, and these funds are available to the
18915  Department of Economic Opportunity Agency for Workforce
18916  Innovation for expenditure as provided by this chapter or by
18917  federal law. For the purpose of establishing and maintaining
18918  one-stop career centers, the department Agency for Workforce
18919  Innovation may enter into agreements with the Railroad
18920  Retirement Board or any other agency of the United States
18921  charged with the administration of an unemployment compensation
18922  law, with any political subdivision of this state, or with any
18923  private, nonprofit organization. As a part of any such
18924  agreement, the department Agency for Workforce Innovation may
18925  accept moneys, services, or quarters as a contribution to the
18926  Employment Security Administration Trust Fund.
18927         Section 377. Subsections (1), (2), (3), and (4) of section
18928  443.191, Florida Statutes, are amended to read:
18929         443.191 Unemployment Compensation Trust Fund; establishment
18930  and control.—
18931         (1) There is established, as a separate trust fund apart
18932  from all other public funds of this state, an Unemployment
18933  Compensation Trust Fund, which shall be administered by the
18934  Department of Economic Opportunity Agency for Workforce
18935  Innovation exclusively for the purposes of this chapter. The
18936  fund shall consist of:
18937         (a) All contributions and reimbursements collected under
18938  this chapter;
18939         (b) Interest earned on any moneys in the fund;
18940         (c) Any property or securities acquired through the use of
18941  moneys belonging to the fund;
18942         (d) All earnings of these properties or securities;
18943         (e) All money credited to this state’s account in the
18944  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
18945  1103; and
18946         (f) Advances on the amount in the federal Unemployment
18947  Compensation Trust Fund credited to the state under 42 U.S.C. s.
18948  1321, as requested by the Governor or the Governor’s designee.
18949  
18950  Except as otherwise provided in s. 443.1313(4), all moneys in
18951  the fund shall be mingled and undivided.
18952         (2) The Chief Financial Officer is the ex officio treasurer
18953  and custodian of the fund and shall administer the fund in
18954  accordance with the directions of the Department of Economic
18955  Opportunity Agency for Workforce Innovation. All payments from
18956  the fund must be approved by the department Agency for Workforce
18957  Innovation or by an authorized agent. The Chief Financial
18958  Officer shall maintain within the fund three separate accounts:
18959         (a) A clearing account;
18960         (b) An Unemployment Compensation Trust Fund account; and
18961         (c) A benefit account.
18962  
18963  All moneys payable to the fund, including moneys received from
18964  the United States as reimbursement for extended benefits paid by
18965  the Department of Economic Opportunity Agency for Workforce
18966  Innovation, must be forwarded to the Chief Financial Officer,
18967  who shall immediately deposit them in the clearing account.
18968  Refunds payable under s. 443.141 may be paid from the clearing
18969  account. After clearance, all other moneys in the clearing
18970  account must be immediately deposited with the Secretary of the
18971  Treasury of the United States to the credit of this state’s
18972  account in the federal Unemployment Compensation Trust Fund
18973  notwithstanding any state law relating to the deposit,
18974  administration, release, or disbursement of moneys in the
18975  possession or custody of this state. The benefit account
18976  consists of all moneys requisitioned from this state’s account
18977  in the federal Unemployment Compensation Trust Fund. Except as
18978  otherwise provided by law, moneys in the clearing and benefit
18979  accounts may be deposited by the Chief Financial Officer, under
18980  the direction of the Department of Economic Opportunity Agency
18981  for Workforce Innovation, in any bank or public depository in
18982  which general funds of the state are deposited, but a public
18983  deposit insurance charge or premium may not be paid out of the
18984  fund. If any warrant issued against the clearing account or the
18985  benefit account is not presented for payment within 1 year after
18986  issuance, the Chief Financial Officer must cancel the warrant
18987  and credit without restriction the amount of the warrant to the
18988  account upon which it is drawn. When the payee or person
18989  entitled to a canceled warrant requests payment of the warrant,
18990  the Chief Financial Officer, upon direction of the Department of
18991  Economic Opportunity Agency for Workforce Innovation, must issue
18992  a new warrant, payable from the account against which the
18993  canceled warrant was drawn.
18994         (3) Moneys may only be requisitioned from the state’s
18995  account in the federal Unemployment Compensation Trust Fund
18996  solely for the payment of benefits and extended benefits and for
18997  payment in accordance with rules prescribed by the Department of
18998  Economic Opportunity Agency for Workforce Innovation, or for the
18999  repayment of advances made pursuant to 42 U.S.C. s. 1321, as
19000  authorized by the Governor or the Governor’s designee, except
19001  that money credited to this state’s account under 42 U.S.C. s.
19002  1103 may only be used exclusively as provided in subsection (5).
19003  The Department of Economic Opportunity Agency for Workforce
19004  Innovation, through the Chief Financial Officer, shall
19005  requisition from the federal Unemployment Compensation Trust
19006  Fund amounts, not exceeding the amounts credited to this state’s
19007  account in the fund, as necessary for the payment of benefits
19008  and extended benefits for a reasonable future period. Upon
19009  receipt of these amounts, the Chief Financial Officer shall
19010  deposit the moneys in the benefit account in the State Treasury
19011  and warrants for the payment of benefits and extended benefits
19012  shall be drawn upon the order of the Department of Economic
19013  Opportunity Agency for Workforce Innovation against the account.
19014  All warrants for benefits and extended benefits are payable
19015  directly to the ultimate beneficiary. Expenditures of these
19016  moneys in the benefit account and refunds from the clearing
19017  account are not subject to any law requiring specific
19018  appropriations or other formal release by state officers of
19019  money in their custody. All warrants issued for the payment of
19020  benefits and refunds must bear the signature of the Chief
19021  Financial Officer. Any balance of moneys requisitioned from this
19022  state’s account in the federal Unemployment Compensation Trust
19023  Fund which remains unclaimed or unpaid in the benefit account
19024  after the period for which the moneys were requisitioned shall
19025  be deducted from estimates for, and may be used for the payment
19026  of, benefits and extended benefits during succeeding periods,
19027  or, in the discretion of the Department of Economic Opportunity
19028  Agency for Workforce Innovation, shall be redeposited with the
19029  Secretary of the Treasury of the United States, to the credit of
19030  this state’s account in the federal Unemployment Compensation
19031  Trust Fund, as provided in subsection (2).
19032         (4) Subsections (1), (2), and (3), to the extent they
19033  relate to the federal Unemployment Compensation Trust Fund,
19034  apply only while the fund continues to exist and while the
19035  Secretary of the Treasury of the United States continues to
19036  maintain for this state a separate account of all funds
19037  deposited by this state for the payment of benefits, together
19038  with this state’s proportionate share of the earnings of the
19039  federal Unemployment Compensation Trust Fund, from which no
19040  other state is permitted to make withdrawals. If the federal
19041  Unemployment Compensation Trust Fund ceases to exist, or the
19042  separate account is no longer maintained, all moneys,
19043  properties, or securities belonging to this state’s account in
19044  the federal Unemployment Compensation Trust Fund must be
19045  transferred to the treasurer of the Unemployment Compensation
19046  Trust Fund, who must hold, invest, transfer, sell, deposit, and
19047  release those moneys, properties, or securities in a manner
19048  approved by the Department of Economic Opportunity Agency for
19049  Workforce Innovation in accordance with this chapter. These
19050  moneys must, however, be invested in the following readily
19051  marketable classes of securities: bonds or other interest
19052  bearing obligations of the United States or of the state.
19053  Further, the investment must at all times be made in a manner
19054  that allows all the assets of the fund to always be readily
19055  convertible into cash when needed for the payment of benefits.
19056  The treasurer may only dispose of securities or other properties
19057  belonging to the Unemployment Compensation Trust Fund under the
19058  direction of the Department of Economic Opportunity Agency for
19059  Workforce Innovation.
19060         Section 378. Section 443.211, Florida Statutes, is amended
19061  to read:
19062         443.211 Employment Security Administration Trust Fund;
19063  appropriation; reimbursement.—
19064         (1) EMPLOYMENT SECURITY ADMINISTRATION TRUST FUND.—There is
19065  created in the State Treasury the “Employment Security
19066  Administration Trust Fund.” All moneys deposited into this fund
19067  remain continuously available to the Department of Economic
19068  Opportunity Agency for Workforce Innovation for expenditure in
19069  accordance with this chapter and do not revert at any time and
19070  may not be transferred to any other fund. All moneys in this
19071  fund which are received from the Federal Government or any
19072  federal agency or which are appropriated by this state under ss.
19073  443.171 and 443.181, except money received under s.
19074  443.191(5)(c), must be expended solely for the purposes and in
19075  the amounts found necessary by the authorized cooperating
19076  federal agencies for the proper and efficient administration of
19077  this chapter. The fund consists of: all moneys appropriated by
19078  this state; all moneys received from the United States or any
19079  federal agency; all moneys received from any other source for
19080  the administration of this chapter; any funds collected for
19081  enhanced, specialized, or value-added labor market information
19082  services; any moneys received from any agency of the United
19083  States or any other state as compensation for services or
19084  facilities supplied to that agency; any amounts received from
19085  any surety bond or insurance policy or from other sources for
19086  losses sustained by the Employment Security Administration Trust
19087  Fund or by reason of damage to equipment or supplies purchased
19088  from moneys in the fund; and any proceeds from the sale or
19089  disposition of such equipment or supplies. All money
19090  requisitioned and deposited in this fund under s. 443.191(5)(c)
19091  remains part of the Unemployment Compensation Trust Fund and
19092  must be used only in accordance with s. 443.191(5). All moneys
19093  in this fund must be deposited, administered, and disbursed in
19094  the same manner and under the same conditions and requirements
19095  as provided by law for other trust funds in the State Treasury.
19096  These moneys must be secured by the depositary in which they are
19097  held to the same extent and in the same manner as required by
19098  the general depositary law of the state, and collateral pledged
19099  must be maintained in a separate custody account. All payments
19100  from the Employment Security Administration Trust Fund must be
19101  approved by the Department of Economic Opportunity Agency for
19102  Workforce Innovation or by an authorized agent and must be made
19103  by the Chief Financial Officer. Any balances in this fund do not
19104  revert at any time and must remain continuously available to the
19105  Department of Economic Opportunity Agency for Workforce
19106  Innovation for expenditure consistent with this chapter.
19107         (2) SPECIAL EMPLOYMENT SECURITY ADMINISTRATION TRUST FUND.
19108  There is created in the State Treasury the “Special Employment
19109  Security Administration Trust Fund,” into which shall be
19110  deposited or transferred all interest on contributions and
19111  reimbursements, penalties, and fines or fees collected under
19112  this chapter. Interest on contributions and reimbursements,
19113  penalties, and fines or fees deposited during any calendar
19114  quarter in the clearing account in the Unemployment Compensation
19115  Trust Fund shall, as soon as practicable after the close of that
19116  calendar quarter and upon certification of the Department of
19117  Economic Opportunity Agency for Workforce Innovation, be
19118  transferred to the Special Employment Security Administration
19119  Trust Fund. The amount certified by the Department of Economic
19120  Opportunity Agency for Workforce Innovation as required under
19121  this chapter to pay refunds of interest on contributions and
19122  reimbursements, penalties, and fines or fees collected and
19123  erroneously deposited into the clearing account in the
19124  Unemployment Compensation Trust Fund shall, however, be withheld
19125  from this transfer. The interest and penalties certified for
19126  transfer are deemed as being erroneously deposited in the
19127  clearing account, and their transfer to the Special Employment
19128  Security Administration Trust Fund is deemed to be a refund of
19129  the erroneous deposits. All moneys in this fund shall be
19130  deposited, administered, and disbursed in the same manner and
19131  under the same requirements as provided by law for other trust
19132  funds in the State Treasury. These moneys may not be expended or
19133  be available for expenditure in any manner that would permit
19134  their substitution for, or permit a corresponding reduction in,
19135  federal funds that would, in the absence of these moneys, be
19136  available to finance expenditures for the administration of this
19137  chapter. This section does not prevent these moneys from being
19138  used as a revolving fund to cover lawful expenditures for which
19139  federal funds are requested but not yet received, subject to the
19140  charging of the expenditures against the funds when received.
19141  The moneys in this fund, with the approval of the Executive
19142  Office of the Governor, shall be used by the Department of
19143  Economic Opportunity Agency for Workforce Innovation for paying
19144  administrative costs that are not chargeable against funds
19145  obtained from federal sources. All moneys in the Special
19146  Employment Security Administration Trust Fund shall be
19147  continuously available to the Department of Economic Opportunity
19148  Agency for Workforce Innovation for expenditure in accordance
19149  with this chapter and do not revert at any time. All payments
19150  from the Special Employment Security Administration Trust Fund
19151  must be approved by the Department of Economic Opportunity
19152  Agency for Workforce Innovation or by an authorized agent and
19153  shall be made by the Chief Financial Officer. The moneys in this
19154  fund are available to replace, as contemplated by subsection
19155  (3), expenditures from the Employment Security Administration
19156  Trust Fund which the United States Secretary of Labor, or other
19157  authorized federal agency or authority, finds are lost or
19158  improperly expended because of any action or contingency. The
19159  Chief Financial Officer is liable on her or his official bond
19160  for the faithful performance of her or his duties in connection
19161  with the Special Employment Security Administration Trust Fund.
19162         (3) REIMBURSEMENT OF FUND.—If any moneys received from the
19163  United States Secretary of Labor under 42 U.S.C. ss. 501-504,
19164  any unencumbered balances in the Employment Security
19165  Administration Trust Fund, any moneys granted to this state
19166  under the Wagner-Peyser Act, or any moneys made available by
19167  this state or its political subdivisions and matched by the
19168  moneys granted to this state under the Wagner-Peyser Act, are
19169  after reasonable notice and opportunity for hearing, found by
19170  the United States Secretary of Labor, because of any action or
19171  contingency, to be lost or expended for purposes other than, or
19172  in amounts in excess of, those allowed by the United States
19173  Secretary of Labor for the administration of this chapter, these
19174  moneys shall be replaced by moneys appropriated for that purpose
19175  from the General Revenue Fund to the Employment Security
19176  Administration Trust Fund for expenditure as provided in
19177  subsection (1). Upon receipt of notice of such a finding by the
19178  United States Secretary of Labor, the Department of Economic
19179  Opportunity Agency for Workforce Innovation shall promptly
19180  report the amount required for replacement to the Governor. The
19181  Governor shall, at the earliest opportunity, submit to the
19182  Legislature a request for the appropriation of the replacement
19183  funds.
19184         (4) RESPONSIBILITY FOR TRUST FUNDS.—In connection with its
19185  duties under s. 443.181, the Department of Economic Opportunity
19186  Agency for Workforce Innovation is responsible for the deposit,
19187  requisition, expenditure, approval of payment, reimbursement,
19188  and reporting in regard to the trust funds established by this
19189  section.
19190         Section 379. Section 443.221, Florida Statutes, is amended
19191  to read:
19192         443.221 Reciprocal arrangements.—
19193         (1)(a) The Department of Economic Opportunity Agency for
19194  Workforce Innovation or its tax collection service provider may
19195  enter into reciprocal arrangements with other states or with the
19196  Federal Government, or both, for considering services performed
19197  by an individual for a single employing unit for which services
19198  are performed by the individual in more than one state as
19199  services performed entirely within any one of the states:
19200         1. In which any part of the individual’s service is
19201  performed;
19202         2. In which the individual has her or his residence; or
19203         3. In which the employing unit maintains a place of
19204  business.
19205         (b) For services to be considered as performed within a
19206  state under a reciprocal agreement, the employing unit must have
19207  an election in effect for those services, which is approved by
19208  the agency charged with the administration of such state’s
19209  unemployment compensation law, under which all the services
19210  performed by the individual for the employing unit are deemed to
19211  be performed entirely within that state.
19212         (c) The department Agency for Workforce Innovation shall
19213  participate in any arrangements for the payment of compensation
19214  on the basis of combining an individual’s wages and employment
19215  covered under this chapter with her or his wages and employment
19216  covered under the unemployment compensation laws of other
19217  states, which are approved by the United States Secretary of
19218  Labor, in consultation with the state unemployment compensation
19219  agencies, as reasonably calculated to assure the prompt and full
19220  payment of compensation in those situations and which include
19221  provisions for:
19222         1. Applying the base period of a single state law to a
19223  claim involving the combining of an individual’s wages and
19224  employment covered under two or more state unemployment
19225  compensation laws; and
19226         2. Avoiding the duplicate use of wages and employment
19227  because of the combination.
19228         (d) Contributions or reimbursements due under this chapter
19229  with respect to wages for insured work are, for the purposes of
19230  ss. 443.131, 443.1312, 443.1313, and 443.141, deemed to be paid
19231  to the fund as of the date payment was made as contributions or
19232  reimbursements therefor under another state or federal
19233  unemployment compensation law, but an arrangement may not be
19234  entered into unless it contains provisions for reimbursement to
19235  the fund of the contributions or reimbursements and the actual
19236  earnings thereon as the department Agency for Workforce
19237  Innovation or its tax collection service provider finds are fair
19238  and reasonable as to all affected interests.
19239         (2) The Department of Economic Opportunity Agency for
19240  Workforce Innovation or its tax collection service provider may
19241  make to other state or federal agencies and receive from these
19242  other state or federal agencies reimbursements from or to the
19243  fund, in accordance with arrangements entered into under
19244  subsection (1).
19245         (3) The Department of Economic Opportunity Agency for
19246  Workforce Innovation or its tax collection service provider may
19247  enter into reciprocal arrangements with other states or the
19248  Federal Government, or both, for exchanging services,
19249  determining and enforcing payment obligations, and making
19250  available facilities and information. The department Agency for
19251  Workforce Innovation or its tax collection service provider may
19252  conduct investigations, secure and transmit information, make
19253  available services and facilities, and exercise other powers
19254  provided under this chapter to facilitate the administration of
19255  any unemployment compensation or public employment service law
19256  and, in a similar manner, accept and use information, services,
19257  and facilities made available to this state by the agency
19258  charged with the administration of any other unemployment
19259  compensation or public employment service law.
19260         (4) To the extent permissible under federal law, the
19261  Department of Economic Opportunity Agency for Workforce
19262  Innovation may enter into or cooperate in arrangements whereby
19263  facilities and services provided under this chapter and
19264  facilities and services provided under the unemployment
19265  compensation law of any foreign government may be used for the
19266  taking of claims and the payment of benefits under the
19267  employment security law of the state or under a similar law of
19268  that government.
19269         Section 380. Subsection (1) of section 445.002, Florida
19270  Statutes, is amended to read:
19271         445.002 Definitions.—As used in this chapter, the term:
19272         (1) “Department Agency” means the Department of Economic
19273  Opportunity Agency for Workforce Innovation.
19274         Section 381. Paragraph (b) of subsection (3) of section
19275  445.003, Florida Statutes, is amended to read:
19276         445.003 Implementation of the federal Workforce Investment
19277  Act of 1998.—
19278         (3) FUNDING.—
19279         (b) The administrative entity for Title I, Workforce
19280  Investment Act of 1998 funds, and Rapid Response activities,
19281  shall be the Department of Economic Opportunity Agency for
19282  Workforce Innovation, which shall provide direction to regional
19283  workforce boards regarding Title I programs and Rapid Response
19284  activities pursuant to the direction of Workforce Florida, Inc.
19285         Section 382. Subsection (1), paragraph (a) of subsection
19286  (3), and paragraphs (b), (c), (d), (e), and (g) of subsection
19287  (5) of section 445.004, Florida Statutes, are amended to read:
19288         445.004 Workforce Florida, Inc.; creation; purpose;
19289  membership; duties and powers.—
19290         (1) There is created a not-for-profit corporation, to be
19291  known as “Workforce Florida, Inc.,” which shall be registered,
19292  incorporated, organized, and operated in compliance with chapter
19293  617, and which shall not be a unit or entity of state government
19294  and shall be exempt from chapters 120 and 287. Workforce
19295  Florida, Inc., shall apply the procurement and expenditure
19296  procedures required by federal law for the expenditure of
19297  federal funds. Workforce Florida, Inc., shall be
19298  administratively housed within the Department of Economic
19299  Opportunity Agency for Workforce Innovation; however, Workforce
19300  Florida, Inc., shall not be subject to control, supervision, or
19301  direction by the department Agency for Workforce Innovation in
19302  any manner. The Legislature determines, however, that public
19303  policy dictates that Workforce Florida, Inc., operate in the
19304  most open and accessible manner consistent with its public
19305  purpose. To this end, the Legislature specifically declares that
19306  Workforce Florida, Inc., its board, councils, and any advisory
19307  committees or similar groups created by Workforce Florida, Inc.,
19308  are subject to the provisions of chapter 119 relating to public
19309  records, and those provisions of chapter 286 relating to public
19310  meetings.
19311         (3)(a) Workforce Florida, Inc., shall be governed by a
19312  board of directors, the number of directors to be determined by
19313  the Governor, whose membership and appointment must be
19314  consistent with Pub. L. No. 105-220, Title I, s. 111(b), and
19315  contain one member representing the licensed nonpublic
19316  postsecondary educational institutions authorized as individual
19317  training account providers, one member from the staffing service
19318  industry, at least one member who is a current or former
19319  recipient of welfare transition services as defined in s.
19320  445.002(3) or workforce services as provided in s. 445.009(1),
19321  and five representatives of organized labor who shall be
19322  appointed by the Governor. Members described in Pub. L. No. 105
19323  220, Title I, s. 111(b)(1)(C)(vi) shall be nonvoting members.
19324  The importance of minority, gender, and geographic
19325  representation shall be considered when making appointments to
19326  the board. The Governor, when in attendance, shall preside at
19327  all meetings of the board of directors.
19328         (5) Workforce Florida, Inc., shall have all the powers and
19329  authority, not explicitly prohibited by statute, necessary or
19330  convenient to carry out and effectuate the purposes as
19331  determined by statute, Pub. L. No. 105-220, and the Governor, as
19332  well as its functions, duties, and responsibilities, including,
19333  but not limited to, the following:
19334         (b) Providing oversight and policy direction to ensure that
19335  the following programs are administered by the department Agency
19336  for Workforce Innovation in compliance with approved plans and
19337  under contract with Workforce Florida, Inc.:
19338         1. Programs authorized under Title I of the Workforce
19339  Investment Act of 1998, Pub. L. No. 105-220, with the exception
19340  of programs funded directly by the United States Department of
19341  Labor under Title I, s. 167.
19342         2. Programs authorized under the Wagner-Peyser Act of 1933,
19343  as amended, 29 U.S.C. ss. 49 et seq.
19344         3. Activities authorized under Title II of the Trade Act of
19345  2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
19346  Adjustment Assistance Program.
19347         4. Activities authorized under 38 U.S.C., chapter 41,
19348  including job counseling, training, and placement for veterans.
19349         5. Employment and training activities carried out under
19350  funds awarded to this state by the United States Department of
19351  Housing and Urban Development.
19352         6. Welfare transition services funded by the Temporary
19353  Assistance for Needy Families Program, created under the
19354  Personal Responsibility and Work Opportunity Reconciliation Act
19355  of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
19356  of the Social Security Act, as amended.
19357         7. Displaced homemaker programs, provided under s. 446.50.
19358         8. The Florida Bonding Program, provided under Pub. L. No.
19359  97-300, s. 164(a)(1).
19360         9. The Food Assistance Employment and Training Program,
19361  provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
19362  2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
19363  and the Hunger Prevention Act, Pub. L. No. 100-435.
19364         10. The Quick-Response Training Program, provided under ss.
19365  288.046-288.047. Matching funds and in-kind contributions that
19366  are provided by clients of the Quick-Response Training Program
19367  shall count toward the requirements of s. 288.904
19368  288.90151(5)(d), pertaining to the return on investment from
19369  activities of Enterprise Florida, Inc.
19370         11. The Work Opportunity Tax Credit, provided under the Tax
19371  and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
19372  the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
19373         12. Offender placement services, provided under ss.
19374  944.707-944.708.
19375         (c) The department agency may adopt rules necessary to
19376  administer the provisions of this chapter which relate to
19377  implementing and administering the programs listed in paragraph
19378  (b) as well as rules related to eligible training providers and
19379  auditing and monitoring subrecipients of the workforce system
19380  grant funds.
19381         (d) Contracting with public and private entities as
19382  necessary to further the directives of this section. All
19383  contracts executed by Workforce Florida, Inc., must include
19384  specific performance expectations and deliverables. All
19385  Workforce Florida, Inc., contracts, including those solicited,
19386  managed, or paid by the department Agency for Workforce
19387  Innovation pursuant to s. 20.60(5)(c) 20.50(2) are exempt from
19388  s. 112.061, but shall be governed by subsection (1).
19389         (e) Notifying the Governor, the President of the Senate,
19390  and the Speaker of the House of Representatives of noncompliance
19391  by the department Agency for Workforce Innovation or other
19392  agencies or obstruction of the board’s efforts by such agencies.
19393  Upon such notification, the Executive Office of the Governor
19394  shall assist agencies to bring them into compliance with board
19395  objectives.
19396         (g) Establish a dispute resolution process for all
19397  memoranda of understanding or other contracts or agreements
19398  entered into between the department agency and regional
19399  workforce boards.
19400         Section 383. Subsection (1) of section 445.007, Florida
19401  Statutes, is amended to read:
19402         445.007 Regional workforce boards.—
19403         (1) One regional workforce board shall be appointed in each
19404  designated service delivery area and shall serve as the local
19405  workforce investment board pursuant to Pub. L. No. 105-220. The
19406  membership of the board shall be consistent with Pub. L. No.
19407  105-220, Title I, s. 117(b), and contain one representative from
19408  a nonpublic postsecondary educational institution that is an
19409  authorized individual training account provider within the
19410  region and confers certificates and diplomas, one representative
19411  from a nonpublic postsecondary educational institution that is
19412  an authorized individual training account provider within the
19413  region and confers degrees, and three representatives of
19414  organized labor. The board shall include one nonvoting
19415  representative from a military installation if a military
19416  installation is located within the region and the appropriate
19417  military command or organization authorizes such representation.
19418  It is the intent of the Legislature that membership of a
19419  regional workforce board include persons who are current or
19420  former recipients of welfare transition assistance as defined in
19421  s. 445.002(2) s. 445.002(3) or workforce services as provided in
19422  s. 445.009(1) or that such persons be included as ex officio
19423  members of the board or of committees organized by the board.
19424  The importance of minority and gender representation shall be
19425  considered when making appointments to the board. The board, its
19426  committees, subcommittees, and subdivisions, and other units of
19427  the workforce system, including units that may consist in whole
19428  or in part of local governmental units, may use any method of
19429  telecommunications to conduct meetings, including establishing a
19430  quorum through telecommunications, provided that the public is
19431  given proper notice of the telecommunications meeting and
19432  reasonable access to observe and, when appropriate, participate.
19433  Regional workforce boards are subject to chapters 119 and 286
19434  and s. 24, Art. I of the State Constitution. If the regional
19435  workforce board enters into a contract with an organization or
19436  individual represented on the board of directors, the contract
19437  must be approved by a two-thirds vote of the entire board, a
19438  quorum having been established, and the board member who could
19439  benefit financially from the transaction must abstain from
19440  voting on the contract. A board member must disclose any such
19441  conflict in a manner that is consistent with the procedures
19442  outlined in s. 112.3143.
19443         Section 384. Subsections (3) and (9) of section 445.009,
19444  Florida Statutes, are amended to read:
19445         445.009 One-stop delivery system.—
19446         (3) Beginning October 1, 2000, Regional workforce boards
19447  shall enter into a memorandum of understanding with the
19448  Department of Economic Opportunity Agency for Workforce
19449  Innovation for the delivery of employment services authorized by
19450  the federal Wagner-Peyser Act. This memorandum of understanding
19451  must be performance based.
19452         (a) Unless otherwise required by federal law, at least 90
19453  percent of the Wagner-Peyser funding must go into direct
19454  customer service costs.
19455         (b) Employment services must be provided through the one
19456  stop delivery system, under the guidance of one-stop delivery
19457  system operators. One-stop delivery system operators shall have
19458  overall authority for directing the staff of the workforce
19459  system. Personnel matters shall remain under the ultimate
19460  authority of the department Agency for Workforce Innovation.
19461  However, the one-stop delivery system operator shall submit to
19462  the department agency information concerning the job performance
19463  of agency employees of the department who deliver employment
19464  services. The department agency shall consider any such
19465  information submitted by the one-stop delivery system operator
19466  in conducting performance appraisals of the employees.
19467         (c) The department agency shall retain fiscal
19468  responsibility and accountability for the administration of
19469  funds allocated to the state under the Wagner-Peyser Act. An
19470  agency employee of the department who is providing services
19471  authorized under the Wagner-Peyser Act shall be paid using
19472  Wagner-Peyser Act funds.
19473         (9)(a) Workforce Florida, Inc., working with the department
19474  Agency for Workforce Innovation, shall coordinate among the
19475  agencies a plan for a One-Stop Electronic Network made up of
19476  one-stop delivery system centers and other partner agencies that
19477  are operated by authorized public or private for-profit or not
19478  for-profit agents. The plan shall identify resources within
19479  existing revenues to establish and support this electronic
19480  network for service delivery that includes Government Services
19481  Direct. If necessary, the plan shall identify additional funding
19482  needed to achieve the provisions of this subsection.
19483         (b) The network shall assure that a uniform method is used
19484  to determine eligibility for and management of services provided
19485  by agencies that conduct workforce development activities. The
19486  Department of Management Services shall develop strategies to
19487  allow access to the databases and information management systems
19488  of the following systems in order to link information in those
19489  databases with the one-stop delivery system:
19490         1. The Unemployment Compensation Program under chapter 443
19491  of the Agency for Workforce Innovation.
19492         2. The public employment service described in s. 443.181.
19493         3. The FLORIDA System and the components related to
19494  temporary cash assistance, food assistance, and Medicaid
19495  eligibility.
19496         4. The Student Financial Assistance System of the
19497  Department of Education.
19498         5. Enrollment in the public postsecondary education system.
19499         6. Other information systems determined appropriate by
19500  Workforce Florida, Inc.
19501         Section 385. Subsection (5) of section 445.016, Florida
19502  Statutes, is amended to read:
19503         445.016 Untried Worker Placement and Employment Incentive
19504  Act.—
19505         (5) Incentives must be paid according to the incentive
19506  schedule developed by Workforce Florida, Inc., the Department of
19507  Economic Opportunity Agency for Workforce Development, and the
19508  Department of Children and Family Services which costs the state
19509  less per placement than the state’s 12-month expenditure on a
19510  welfare recipient.
19511         Section 386. Subsection (1) of section 445.024, Florida
19512  Statutes, is amended to read:
19513         445.024 Work requirements.—
19514         (1) WORK ACTIVITIES.—The Department of Economic Opportunity
19515  Agency for Workforce Innovation may develop activities under
19516  each of the following categories of work activities. The
19517  following categories of work activities, based on federal law
19518  and regulations, may be used individually or in combination to
19519  satisfy the work requirements for a participant in the temporary
19520  cash assistance program:
19521         (a) Unsubsidized employment.
19522         (b) Subsidized private sector employment.
19523         (c) Subsidized public sector employment.
19524         (d) On-the-job training.
19525         (e) Community service programs.
19526         (f) Work experience.
19527         (g) Job search and job readiness assistance.
19528         (h) Vocational educational training.
19529         (i) Job skills training directly related to employment.
19530         (j) Education directly related to employment.
19531         (k) Satisfactory attendance at a secondary school or in a
19532  course of study leading to a graduate equivalency diploma.
19533         (l) Providing child care services.
19534         Section 387. Subsection (1) of section 445.0325, Florida
19535  Statutes, is amended to read:
19536         445.0325 Welfare Transition Trust Fund.—
19537         (1) The Welfare Transition Trust Fund is created in the
19538  State Treasury, to be administered by the Department of Economic
19539  Opportunity Agency for Workforce Innovation. Funds shall be
19540  credited to the trust fund to be used for the purposes of the
19541  welfare transition program set forth in ss. 445.017-445.032.
19542         Section 388. Section 445.038, Florida Statutes, is amended
19543  to read:
19544         445.038 Digital media; job training.—Workforce Florida,
19545  Inc., through the Department of Economic Opportunity Agency for
19546  Workforce Innovation, may use funds dedicated for Incumbent
19547  Worker Training for the digital media industry. Training may be
19548  provided by public or private training providers for broadband
19549  digital media jobs listed on the targeted occupations list
19550  developed by the Workforce Estimating Conference or Workforce
19551  Florida, Inc. Programs that operate outside the normal semester
19552  time periods and coordinate the use of industry and public
19553  resources should be given priority status for funding.
19554         Section 389. Subsection (2), paragraph (b) of subsection
19555  (4), and subsection (6) of section 445.045, Florida Statutes,
19556  are amended to read:
19557         445.045 Development of an Internet-based system for
19558  information technology industry promotion and workforce
19559  recruitment.—
19560         (2) Workforce Florida, Inc., shall coordinate with the
19561  Agency for Enterprise Information Technology and the Department
19562  of Economic Opportunity Agency for Workforce Innovation to
19563  ensure links, where feasible and appropriate, to existing job
19564  information websites maintained by the state and state agencies
19565  and to ensure that information technology positions offered by
19566  the state and state agencies are posted on the information
19567  technology website.
19568         (4)
19569         (b) Workforce Florida, Inc., may enter into an agreement
19570  with the Agency for Enterprise Information Technology, the
19571  Department of Economic Opportunity Agency for Workforce
19572  Innovation, or any other public agency with the requisite
19573  information technology expertise for the provision of design,
19574  operating, or other technological services necessary to develop
19575  and maintain the website.
19576         (6) In fulfilling its responsibilities under this section,
19577  Workforce Florida, Inc., may enlist the assistance of and act
19578  through the Department of Economic Opportunity Agency for
19579  Workforce Innovation. The department agency is authorized and
19580  directed to provide the services that Workforce Florida, Inc.,
19581  and the department agency consider necessary to implement this
19582  section.
19583         Section 390. Subsection (1), paragraph (b) of subsection
19584  (4), and subsection (5) of section 445.048, Florida Statutes,
19585  are amended to read:
19586         445.048 Passport to Economic Progress program.—
19587         (1) AUTHORIZATION.—Notwithstanding any law to the contrary,
19588  Workforce Florida, Inc., in conjunction with the Department of
19589  Children and Family Services and the Department of Economic
19590  Opportunity Agency for Workforce Innovation, shall implement a
19591  Passport to Economic Progress program consistent with the
19592  provisions of this section. Workforce Florida, Inc., may
19593  designate regional workforce boards to participate in the
19594  program. Expenses for the program may come from appropriated
19595  revenues or from funds otherwise available to a regional
19596  workforce board which may be legally used for such purposes.
19597  Workforce Florida, Inc., must consult with the applicable
19598  regional workforce boards and the applicable local offices of
19599  the Department of Children and Family Services which serve the
19600  program areas and must encourage community input into the
19601  implementation process.
19602         (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.—
19603         (b) Workforce Florida, Inc., in cooperation with the
19604  Department of Children and Family Services and the Department of
19605  Economic Opportunity Agency for Workforce Innovation, shall
19606  offer performance-based incentive bonuses as a component of the
19607  Passport to Economic Progress program. The bonuses do not
19608  represent a program entitlement and shall be contingent on
19609  achieving specific benchmarks prescribed in the self-sufficiency
19610  plan. If the funds appropriated for this purpose are
19611  insufficient to provide this financial incentive, the board of
19612  directors of Workforce Florida, Inc., may reduce or suspend the
19613  bonuses in order not to exceed the appropriation or may direct
19614  the regional boards to use resources otherwise given to the
19615  regional workforce to pay such bonuses if such payments comply
19616  with applicable state and federal laws.
19617         (5) EVALUATIONS AND RECOMMENDATIONS.—Workforce Florida,
19618  Inc., in conjunction with the Department of Children and Family
19619  Services, the Department of Economic Opportunity Agency for
19620  Workforce Innovation, and the regional workforce boards, shall
19621  conduct a comprehensive evaluation of the effectiveness of the
19622  program operated under this section. Evaluations and
19623  recommendations for the program shall be submitted by Workforce
19624  Florida, Inc., as part of its annual report to the Legislature.
19625         Section 391. Subsection (2) of section 445.049, Florida
19626  Statutes, is amended to read:
19627         445.049 Digital Divide Council.—
19628         (2) DIGITAL DIVIDE COUNCIL.—The Digital Divide Council is
19629  created in the Department of Education. The council shall
19630  consist of:
19631         (a) A representative from the information technology
19632  industry in this state appointed by the Governor.
19633         (b) The executive director of the Department of Economic
19634  Opportunity, or his or her designee The director of the Office
19635  of Tourism, Trade, and Economic Development in the Executive
19636  Office of the Governor.
19637         (c) The president of Workforce Florida, Inc.
19638         (d) The director of the Agency for Workforce Innovation.
19639         (d)(e) The chair of itflorida.com, Inc.
19640         (e)(f) The Commissioner of Education.
19641         (f)(g) A representative of the information technology
19642  industry in this state appointed by the Speaker of the House of
19643  Representatives.
19644         (g)(h) A representative of the information technology
19645  industry in this state appointed by the President of the Senate.
19646         (h)(i) Two members of the House of Representatives, who
19647  shall be ex officio, nonvoting members of the council, appointed
19648  by the Speaker of the House of Representatives, one of whom
19649  shall be a member of the Republican Caucus and the other of whom
19650  shall be a member of the Democratic Caucus.
19651         (i)(j) Two members of the Senate, who shall be ex officio,
19652  nonvoting members of the council, appointed by the President of
19653  the Senate, one of whom shall be a member of the Republican
19654  Caucus and the other of whom shall be a member of the Democratic
19655  Caucus.
19656         Section 392. Subsection (13) of section 445.051, Florida
19657  Statutes, is amended to read:
19658         445.051 Individual development accounts.—
19659         (13) Pursuant to policy direction by Workforce Florida,
19660  Inc., the Department of Economic Opportunity Agency for
19661  Workforce Innovation shall adopt such rules as are necessary to
19662  implement this act.
19663         Section 393. Section 445.056, Florida Statutes, is amended
19664  to read:
19665         445.056 Citizen Soldier Matching Grant Program.—The
19666  Department of Economic Opportunity Agency for Workforce
19667  Innovation shall implement the establish a matching grant
19668  program established by the former Agency for Workforce
19669  Innovation to award matching grants to private sector employers
19670  in this state which that provide wages to employees serving in
19671  the United States Armed Forces Reserves or the Florida National
19672  Guard while those employees are on federal active duty. A grant
19673  may not be provided for federal active duty served before
19674  January 1, 2005. Each grant shall be awarded to reimburse the
19675  employer for not more than one-half of the monthly wages paid to
19676  an employee who is a resident of this state for the actual
19677  period of federal active duty. The monthly grant per employee
19678  may not exceed one-half of the difference between the amount of
19679  monthly wages paid by the employer to the employee at the level
19680  paid before the date the employee was called to federal active
19681  duty and the amount of the employee’s active duty base pay,
19682  housing and variable allowances, and subsistence allowance. The
19683  Department of Economic Opportunity shall implement the plan
19684  administered by the former Agency for Workforce Innovation. The
19685  agency shall develop a plan by no later than October 1, 2005,
19686  subject to the notice, review, and objection procedures of s.
19687  216.177, to administer the application and payment procedures
19688  for the matching grant program. The Agency for Workforce
19689  Innovation shall not award any matching grants prior to the
19690  approval of the plan.
19691         Section 394. Section 450.261, Florida Statutes, is amended
19692  to read:
19693         450.261 Interstate Migrant Labor Commission; Florida
19694  membership.—In selecting the Florida membership of the
19695  Interstate Migrant Labor Commission, the Governor may designate
19696  the secretary of the Department of Economic Opportunity
19697  Community Affairs as his or her representative. The two
19698  legislative members shall be chosen from among the members of
19699  the Legislative Commission on Migrant Labor, and at least one of
19700  the two members appointed by the Governor shall be chosen from
19701  among the members of the advisory committee to that commission.
19702         Section 395. Section 446.41, Florida Statutes, is amended
19703  to read:
19704         446.41 Legislative intent with respect to rural workforce
19705  training and development; establishment of Rural Workforce
19706  Services Program.—In order that the state may achieve its full
19707  economic and social potential, consideration must be given to
19708  rural workforce training and development to enable its rural
19709  citizens as well as urban citizens to develop their maximum
19710  capacities and participate productively in our society. It is,
19711  therefore, the policy of the state to make available those
19712  services needed to assist individuals and communities in rural
19713  areas to improve their quality of life. It is with a great sense
19714  of urgency that a Rural Workforce Services Program is
19715  established within the Department of Economic Opportunity Agency
19716  for Workforce Innovation, under the direction of Workforce
19717  Florida, Inc., to provide equal access to all manpower training
19718  programs available to rural as well as urban areas.
19719         Section 396. Section 446.50, Florida Statutes, is amended
19720  to read:
19721         446.50 Displaced homemakers; multiservice programs; report
19722  to the Legislature; Displaced Homemaker Trust Fund created.—
19723         (1) INTENT.—It is the intent of the Legislature to require
19724  the Department of Economic Opportunity Agency for Workforce
19725  Innovation to enter into contracts with, and make grants to,
19726  public and nonprofit private entities for purposes of
19727  establishing multipurpose service programs to provide necessary
19728  training, counseling, and services for displaced homemakers so
19729  that they may enjoy the independence and economic security vital
19730  to a productive life.
19731         (2) DEFINITIONS.—For the purposes of this section, the
19732  term:
19733         (a) “displaced homemaker” means an individual who:
19734         (a)1. Is 35 years of age or older;
19735         (b)2. Has worked in the home, providing unpaid household
19736  services for family members;
19737         (c)3. Is not adequately employed, as defined by rule of the
19738  agency;
19739         (d)4. Has had, or would have, difficulty in securing
19740  adequate employment; and
19741         (e)5. Has been dependent on the income of another family
19742  member but is no longer supported by such income, or has been
19743  dependent on federal assistance.
19744         (b) “Agency” means the Agency for Workforce Innovation.
19745         (3) AGENCY POWERS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
19746  OPPORTUNITY.—
19747         (a) The Department of Economic Opportunity agency, under
19748  plans established by Workforce Florida, Inc., shall establish,
19749  or contract for the establishment of, programs for displaced
19750  homemakers which shall include:
19751         1. Job counseling, by professionals and peers, specifically
19752  designed for a person entering the job market after a number of
19753  years as a homemaker.
19754         2. Job training and placement services, including:
19755         a. Training programs for available jobs in the public and
19756  private sectors, taking into account the skills and job
19757  experiences of a homemaker and developed by working with public
19758  and private employers.
19759         b. Assistance in locating available employment for
19760  displaced homemakers, some of whom could be employed in existing
19761  job training and placement programs.
19762         c. Utilization of the services of the state employment
19763  service in locating employment opportunities.
19764         3. Financial management services providing information and
19765  assistance with respect to insurance, including, but not limited
19766  to, life, health, home, and automobile insurance, and taxes,
19767  estate and probate problems, mortgages, loans, and other related
19768  financial matters.
19769         4. Educational services, including high school equivalency
19770  degree and such other courses as the department agency
19771  determines would be of interest and benefit to displaced
19772  homemakers.
19773         5. Outreach and information services with respect to
19774  federal and state employment, education, health, and
19775  unemployment assistance programs that which the department
19776  agency determines would be of interest and benefit to displaced
19777  homemakers.
19778         (b)1. The department agency shall enter into contracts
19779  with, and make grants to, public and nonprofit private entities
19780  for purposes of establishing multipurpose service programs for
19781  displaced homemakers under this section. Such grants and
19782  contracts shall be awarded pursuant to chapter 287 and based on
19783  criteria established in the state plan developed pursuant to
19784  this section. The department agency shall designate catchment
19785  areas that which together, shall compose comprise the entire
19786  state, and, to the extent possible from revenues in the
19787  Displaced Homemaker Trust Fund, the department agency shall
19788  contract with, and make grants to, entities that which will
19789  serve entire catchment areas so that displaced homemaker service
19790  programs are available statewide. These catchment areas shall be
19791  coterminous with the state’s workforce development regions. The
19792  department agency may give priority to existing displaced
19793  homemaker programs when evaluating bid responses to the agency’s
19794  request for proposals.
19795         2. In order to receive funds under this section, and unless
19796  specifically prohibited by law from doing so, an entity that
19797  provides displaced homemaker service programs must receive at
19798  least 25 percent of its funding from one or more local,
19799  municipal, or county sources or nonprofit private sources. In
19800  kind contributions may be evaluated by the department agency and
19801  counted as part of the required local funding.
19802         3. The department agency shall require an entity that
19803  receives funds under this section to maintain appropriate data
19804  to be compiled in an annual report to the department agency.
19805  Such data shall include, but shall not be limited to, the number
19806  of clients served, the units of services provided, designated
19807  client-specific information including intake and outcome
19808  information specific to each client, costs associated with
19809  specific services and program administration, total program
19810  revenues by source and other appropriate financial data, and
19811  client followup information at specified intervals after the
19812  placement of a displaced homemaker in a job.
19813         (c) The department agency shall consult and cooperate with
19814  the Commissioner of Education, the United States Commissioner of
19815  the Social Security Administration, and such other persons in
19816  the executive branch of the state government as the department
19817  agency considers appropriate to facilitate the coordination of
19818  multipurpose service programs established under this section
19819  with existing programs of a similar nature.
19820         (d) Supervisory, technical, and administrative positions
19821  relating to programs established under this section shall, to
19822  the maximum extent practicable, be filled by displaced
19823  homemakers.
19824         (e) The department agency shall adopt rules establishing
19825  minimum standards necessary for entities that provide displaced
19826  homemaker service programs to receive funds from the agency and
19827  any other rules necessary to administer this section.
19828         (4) STATE PLAN.—
19829         (a) The Department of Economic Opportunity Agency for
19830  Workforce Innovation shall develop a 3-year state plan for the
19831  displaced homemaker program which shall be updated annually. The
19832  plan must address, at a minimum, the need for programs
19833  specifically designed to serve displaced homemakers, any
19834  necessary service components for such programs in addition to
19835  those enumerated in this section, goals of the displaced
19836  homemaker program with an analysis of the extent to which those
19837  goals are being met, and recommendations for ways to address any
19838  unmet program goals. Any request for funds for program expansion
19839  must be based on the state plan.
19840         (b) Each annual update must address any changes in the
19841  components of the 3-year state plan and a report that which must
19842  include, but need not be limited to, the following:
19843         1. The scope of the incidence of displaced homemakers;
19844         2. A compilation and report, by program, of data submitted
19845  to the department agency pursuant to subparagraph 3. by funded
19846  displaced homemaker service programs;
19847         3. An identification and description of the programs in the
19848  state which that receive funding from the department agency,
19849  including funding information; and
19850         4. An assessment of the effectiveness of each displaced
19851  homemaker service program based on outcome criteria established
19852  by rule of the department agency.
19853         (c) The 3-year state plan must be submitted to the
19854  President of the Senate, the Speaker of the House of
19855  Representatives, and the Governor on or before January 1, 2001,
19856  and annual updates of the plan must be submitted by January 1 of
19857  each subsequent year.
19858         (5) DISPLACED HOMEMAKER TRUST FUND.—
19859         (a) There is established within the State Treasury a
19860  Displaced Homemaker Trust Fund to be used by the Department of
19861  Economic Opportunity agency for its administration of the
19862  displaced homemaker program and to fund displaced homemaker
19863  service programs according to criteria established under this
19864  section.
19865         (b) The trust fund shall receive funds generated from an
19866  additional fee on marriage license applications and dissolution
19867  of marriage filings as specified in ss. 741.01(3) and 28.101,
19868  respectively, and may receive funds from any other public or
19869  private source.
19870         (c) Funds that are not expended by the department agency at
19871  the end of the budget cycle or through a supplemental budget
19872  approved by the department agency shall revert to the trust
19873  fund.
19874         Section 397. Section 446.52, Florida Statutes, is amended
19875  to read:
19876         446.52 Confidentiality of information.—Information about
19877  displaced homemakers who receive services under ss. 446.50 and
19878  446.51 which is received through files, reports, inspections, or
19879  otherwise, by the Department of Economic Opportunity division or
19880  by its authorized employees of the division, by persons who
19881  volunteer services, or by persons who provide services to
19882  displaced homemakers under ss. 446.50 and 446.51 through
19883  contracts with the department division is confidential and
19884  exempt from the provisions of s. 119.07(1). Such information may
19885  not be disclosed publicly in such a manner as to identify a
19886  displaced homemaker, unless such person or the person’s legal
19887  guardian provides written consent.
19888         Section 398. Paragraph (a) of subsection (3) of section
19889  448.109, Florida Statutes, is amended to read:
19890         448.109 Notification of the state minimum wage.—
19891         (3)(a) Each year the Department of Economic Opportunity
19892  Agency for Workforce Innovation shall, on or before December 1,
19893  create and make available to employers a poster in English and
19894  in Spanish which reads substantially as follows:
19895  
19896                         NOTICE TO EMPLOYEES                       
19897  
19898         The Florida minimum wage is $...(amount)... per hour,
19899         with a minimum wage of at least $...(amount)... per
19900         hour for tipped employees, in addition to tips, for
19901         January 1, ...(year)..., through December 31,
19902         ...(year)....
19903  
19904         The rate of the minimum wage is recalculated yearly on
19905         September 30, based on the Consumer Price Index. Every
19906         year on January 1 the new Florida minimum wage takes
19907         effect.
19908  
19909         An employer may not retaliate against an employee for
19910         exercising his or her right to receive the minimum
19911         wage. Rights protected by the State Constitution
19912         include the right to:
19913         1. File a complaint about an employer’s alleged
19914         noncompliance with lawful minimum wage requirements.
19915         2. Inform any person about an employer’s alleged
19916         noncompliance with lawful minimum wage requirements.
19917         3. Inform any person of his or her potential
19918         rights under Section 24, Article X of the State
19919         Constitution and to assist him or her in asserting
19920         such rights.
19921  
19922         An employee who has not received the lawful minimum
19923         wage after notifying his or her employer and giving
19924         the employer 15 days to resolve any claims for unpaid
19925         wages may bring a civil action in a court of law
19926         against an employer to recover back wages plus damages
19927         and attorney’s fees.
19928  
19929         An employer found liable for intentionally violating
19930         minimum wage requirements is subject to a fine of
19931         $1,000 per violation, payable to the state.
19932  
19933         The Attorney General or other official designated by
19934         the Legislature may bring a civil action to enforce
19935         the minimum wage.
19936  
19937         For details see Section 24, Article X of the State
19938         Constitution.
19939         Section 399. Subsections (2), (4), and (11) of section
19940  448.110, Florida Statutes, are amended to read:
19941         448.110 State minimum wage; annual wage adjustment;
19942  enforcement.—
19943         (2) The purpose of this section is to provide measures
19944  appropriate for the implementation of s. 24, Art. X of the State
19945  Constitution, in accordance with authority granted to the
19946  Legislature pursuant to s. 24(f), Art. X of the State
19947  Constitution. To implement s. 24, Art. X of the State
19948  Constitution, the Department of Economic Opportunity is
19949  designated as the state Agency for Workforce Innovation.
19950         (4)(a) Beginning September 30, 2005, and annually on
19951  September 30 thereafter, the Department of Economic Opportunity
19952  Agency for Workforce Innovation shall calculate an adjusted
19953  state minimum wage rate by increasing the state minimum wage by
19954  the rate of inflation for the 12 months prior to September 1. In
19955  calculating the adjusted state minimum wage, the Department of
19956  Economic Opportunity agency shall use the Consumer Price Index
19957  for Urban Wage Earners and Clerical Workers, not seasonally
19958  adjusted, for the South Region or a successor index as
19959  calculated by the United States Department of Labor. Each
19960  adjusted state minimum wage rate shall take effect on the
19961  following January 1, with the initial adjusted minimum wage rate
19962  to take effect on January 1, 2006.
19963         (b) The Agency for Workforce Innovation and the Department
19964  of Revenue and the Department of Economic Opportunity shall
19965  annually publish the amount of the adjusted state minimum wage
19966  and the effective date. Publication shall occur by posting the
19967  adjusted state minimum wage rate and the effective date on the
19968  Internet home pages of the Department of Economic Opportunity
19969  agency and the Department of Revenue by October 15 of each year.
19970  In addition, to the extent funded in the General Appropriations
19971  Act, the Department of Economic Opportunity agency shall provide
19972  written notice of the adjusted rate and the effective date of
19973  the adjusted state minimum wage to all employers registered in
19974  the most current unemployment compensation database. Such notice
19975  shall be mailed by November 15 of each year using the addresses
19976  included in the database. Employers are responsible for
19977  maintaining current address information in the unemployment
19978  compensation database. The Department of Economic Opportunity is
19979  agency shall not be responsible for failure to provide notice
19980  due to incorrect or incomplete address information in the
19981  database. The Department of Economic Opportunity agency shall
19982  provide the Department of Revenue with the adjusted state
19983  minimum wage rate information and effective date in a timely
19984  manner.
19985         (11) Except for calculating the adjusted state minimum wage
19986  and publishing the initial state minimum wage and any annual
19987  adjustments thereto, the authority of the Department of Economic
19988  Opportunity Agency for Workforce Innovation in implementing s.
19989  24, Art. X of the State Constitution, pursuant to this section,
19990  shall be limited to that authority expressly granted by the
19991  Legislature.
19992         Section 400. Section 450.161, Florida Statutes, is amended
19993  to read:
19994         450.161 Chapter not to affect career education of children;
19995  other exceptions.—Nothing in this chapter shall prevent minors
19996  of any age from receiving career education furnished by the
19997  United States, this state, or any county or other political
19998  subdivision of this state and duly approved by the Department of
19999  Education or other duly constituted authority, nor any
20000  apprentice indentured under a plan approved by the Department of
20001  Economic Opportunity Division of Jobs and Benefits, or prevent
20002  the employment of any minor 14 years of age or older when such
20003  employment is authorized as an integral part of, or supplement
20004  to, such a course in career education and is authorized by
20005  regulations of the district school board of the district in
20006  which such minor is employed, provided the employment is in
20007  compliance with the provisions of ss. 450.021(4) and 450.061.
20008  Exemptions for the employment of student learners 16 to 18 years
20009  of age are provided in s. 450.061. Such an exemption shall apply
20010  when:
20011         (1) The student learner is enrolled in a youth vocational
20012  training program under a recognized state or local educational
20013  authority.
20014         (2) Such student learner is employed under a written
20015  agreement that which provides:
20016         (a) That the work of the student learner in the occupation
20017  declared particularly hazardous shall be incidental to the
20018  training.
20019         (b) That such work shall be intermittent and for short
20020  periods of time and under the direct and close supervision of a
20021  qualified and experienced person.
20022         (c) That safety instructions shall be given by the school
20023  and correlated by the employer with on-the-job training.
20024         (d) That a schedule of organized and progressive work
20025  processes to be performed on the job shall have been prepared.
20026  
20027  Each such written agreement shall contain the name of the
20028  student learner and shall be signed by the employer, the school
20029  coordinator and principal, and the parent or legal guardian.
20030  Copies of each agreement shall be kept on file by both the
20031  school and the employer. This exemption for the employment of
20032  student learners may be revoked in any individual situation when
20033  it is found that reasonable precautions have not been observed
20034  for the safety of minors employed thereunder. A high school
20035  graduate may be employed in an occupation in which he or she has
20036  completed training as a student learner, as provided in this
20037  section, even though he or she is not yet 18 years of age.
20038         Section 401. Paragraph (j) of subsection (1) of section
20039  450.191, Florida Statutes, is amended to read:
20040         450.191 Executive Office of the Governor; powers and
20041  duties.—
20042         (1) The Executive Office of the Governor is authorized and
20043  directed to:
20044         (j) Cooperate with the Department of Economic Opportunity
20045  Agency for Workforce Innovation in the recruitment and referral
20046  of migrant laborers and other persons for the planting,
20047  cultivation, and harvesting of agricultural crops in Florida.
20048         Section 402. Paragraph (e) of subsection (2) of section
20049  450.31, Florida Statutes, is amended to read:
20050         450.31 Issuance, revocation, and suspension of, and refusal
20051  to issue or renew, certificate of registration.—
20052         (2) The department may revoke, suspend, or refuse to issue
20053  or renew any certificate of registration when it is shown that
20054  the farm labor contractor has:
20055         (e) Failed to pay unemployment compensation taxes as
20056  determined by the Department of Economic Opportunity Agency for
20057  Workforce Innovation; or
20058         Section 403. Subsection (3) of section 468.529, Florida
20059  Statutes, is amended to read:
20060         468.529 Licensee’s insurance; employment tax; benefit
20061  plans.—
20062         (3) A licensed employee leasing company shall within 30
20063  days after initiation or termination notify its workers’
20064  compensation insurance carrier, the Division of Workers’
20065  Compensation of the Department of Financial Services, and the
20066  state agency providing unemployment tax collection services
20067  under contract with the Department of Economic Opportunity
20068  Agency for Workforce Innovation through an interagency agreement
20069  pursuant to s. 443.1316 of both the initiation or the
20070  termination of the company’s relationship with any client
20071  company.
20072         Section 404. Subsection (21) of section 489.103, Florida
20073  Statutes, is amended to read:
20074         489.103 Exemptions.—This part does not apply to:
20075         (21) The sale, delivery, assembly, or tie-down of lawn
20076  storage buildings and storage buildings not exceeding 400 square
20077  feet and bearing the insignia of approval from the department of
20078  Community Affairs showing compliance with the Florida Building
20079  Code.
20080         Section 405. Subsection (3) of section 489.109, Florida
20081  Statutes, is amended to read:
20082         489.109 Fees.—
20083         (3) In addition to the fees provided in subsection (1) for
20084  application and renewal for certification and registration, all
20085  certificateholders and registrants must pay a fee of $4 to the
20086  department at the time of application or renewal. The funds must
20087  be transferred at the end of each licensing period to the
20088  department of Community Affairs to fund projects relating to the
20089  building construction industry or continuing education programs
20090  offered to persons engaged in the building construction industry
20091  in Florida, to be selected by the Florida Building Commission.
20092  The board shall, at the time the funds are transferred, advise
20093  the department of Community Affairs on the most needed areas of
20094  research or continuing education based on significant changes in
20095  the industry’s practices or on changes in the state building
20096  code or on the most common types of consumer complaints or on
20097  problems costing the state or local governmental entities
20098  substantial waste. The board’s advice is not binding on the
20099  department of Community Affairs. The department of Community
20100  Affairs shall ensure the distribution of research reports and
20101  the availability of continuing education programs to all
20102  segments of the building construction industry to which they
20103  relate. The department of Community Affairs shall report to the
20104  board in October of each year, summarizing the allocation of the
20105  funds by institution and summarizing the new projects funded and
20106  the status of previously funded projects.
20107         Section 406. Subsection (3) of section 489.509, Florida
20108  Statutes, is amended to read:
20109         489.509 Fees.—
20110         (3) Four dollars of each fee under subsection (1) paid to
20111  the department at the time of application or renewal shall be
20112  transferred at the end of each licensing period to the
20113  department of Community Affairs to fund projects relating to the
20114  building construction industry or continuing education programs
20115  offered to persons engaged in the building construction industry
20116  in Florida. The board shall, at the time the funds are
20117  transferred, advise the department of Community Affairs on the
20118  most needed areas of research or continuing education based on
20119  significant changes in the industry’s practices or on the most
20120  common types of consumer complaints or on problems costing the
20121  state or local governmental entities substantial waste. The
20122  board’s advice is not binding on the department of Community
20123  Affairs. The department of Community Affairs shall ensure the
20124  distribution of research reports and the availability of
20125  continuing education programs to all segments of the building
20126  construction industry to which they relate. The department of
20127  Community Affairs shall report to the board in October of each
20128  year, summarizing the allocation of the funds by institution and
20129  summarizing the new projects funded and the status of previously
20130  funded projects.
20131         Section 407. Subsection (2) of section 497.271, Florida
20132  Statutes, is amended to read:
20133         497.271 Standards for construction and significant
20134  alteration or renovation of mausoleums and columbaria.—
20135         (2) The licensing authority shall adopt, by no later than
20136  July 1, 1999, rules establishing minimum standards for all newly
20137  constructed and significantly altered or renovated mausoleums
20138  and columbaria; however, in the case of significant alterations
20139  or renovations to existing structures, the rules shall apply
20140  only, when physically feasible, to the newly altered or
20141  renovated portion of such structures, except as specified in
20142  subsection (4). In developing and adopting such rules, the
20143  licensing authority may define different classes of structures
20144  or construction standards, and may provide for different rules
20145  to apply to each of said classes, if the designation of classes
20146  and the application of different rules is in the public interest
20147  and is supported by findings by the licensing authority based on
20148  evidence of industry practices, economic and physical
20149  feasibility, location, or intended uses; provided, that the
20150  rules shall provide minimum standards applicable to all
20151  construction. For example, and without limiting the generality
20152  of the foregoing, the licensing authority may determine that a
20153  small single-story ground level mausoleum does not require the
20154  same level of construction standards that a large multistory
20155  mausoleum might require; or that a mausoleum located in a low
20156  lying area subject to frequent flooding or hurricane threats
20157  might require different standards than one located on high
20158  ground in an area not subject to frequent severe weather
20159  threats. The licensing authority shall develop the rules in
20160  cooperation with, and with technical assistance from, the
20161  Florida Building Commission of the Department of Community
20162  Affairs, to ensure that the rules are in the proper form and
20163  content to be included as part of the Florida Building Code
20164  under part IV of chapter 553. If the Florida Building Commission
20165  advises that some of the standards proposed by the licensing
20166  authority are not appropriate for inclusion in such building
20167  codes, the licensing authority may choose to include those
20168  standards in a distinct chapter of its rules entitled “Non
20169  Building-Code Standards for Mausoleums” or “Additional Standards
20170  for Mausoleums,” or other terminology to that effect. If the
20171  licensing authority elects to divide the standards into two or
20172  more chapters, all such rules shall be binding on licensees and
20173  others subject to the jurisdiction of the licensing authority,
20174  but only the chapter containing provisions appropriate for
20175  building codes shall be transmitted to the Florida Building
20176  Commission pursuant to subsection (3). Such rules may be in the
20177  form of standards for design and construction; methods,
20178  materials, and specifications for construction; or other
20179  mechanisms. Such rules shall encompass, at a minimum, the
20180  following standards:
20181         (a) No structure may be built or significantly altered for
20182  use for interment, entombment, or inurnment purposes unless
20183  constructed of such material and workmanship as will ensure its
20184  durability and permanence, as well as the safety, convenience,
20185  comfort, and health of the community in which it is located, as
20186  dictated and determined at the time by modern mausoleum
20187  construction and engineering science.
20188         (b) Such structure must be so arranged that the exterior of
20189  any vault, niche, or crypt may be readily examined at any time
20190  by any person authorized by law to do so.
20191         (c) Such structure must contain adequate provision for
20192  drainage and ventilation. Private or family mausoleums with all
20193  crypts bordering an exterior wall must contain pressure relief
20194  ventilation from the crypts to the outside of the mausoleum
20195  through the exterior wall or roof.
20196         (d) Such structure must be of fire-resistant construction.
20197  Notwithstanding the requirements of s. 553.895 and chapter 633,
20198  any mausoleum or columbarium constructed of noncombustible
20199  materials, as defined in the Standard Building Code, shall not
20200  require a sprinkler system.
20201         (e) Such structure must be resistant to hurricane and other
20202  storm damage to the highest degree provided under applicable
20203  building codes for buildings of that class.
20204         (f) Suitable provisions must be made for securely and
20205  permanently sealing each crypt with durable materials after the
20206  interment or entombment of human remains, so that no effluvia or
20207  odors may escape therefrom except as provided by design and
20208  sanitary engineering standards. Panels for permanent seals must
20209  be solid and constructed of materials of sufficient weight,
20210  permanence, density, imperviousness, and strength as to ensure
20211  their durability and continued functioning. Permanent crypt
20212  sealing panels must be securely installed and set in with high
20213  quality fire-resistant, resilient, and durable materials after
20214  the interment or entombment of human remains. The outer or
20215  exposed covering of each crypt must be of a durable, permanent,
20216  fire-resistant material; however, plastic, fiberglass, and wood
20217  are not acceptable materials for such outer or exposed
20218  coverings.
20219         (g) Interior and exterior fastenings for hangers, clips,
20220  doors, and other objects must be of copper, copper-base alloy,
20221  aluminum, or stainless steel of adequate gauges, or other
20222  materials established by rule which provide equivalent or better
20223  strength and durability, and must be properly installed.
20224         Section 408. Paragraph (a) of subsection (1) of section
20225  526.144, Florida Statutes, is amended to read:
20226         526.144 Florida Disaster Motor Fuel Supplier Program.—
20227         (1)(a) There is created the Florida Disaster Motor Fuel
20228  Supplier Program within the Division of Emergency Management
20229  Department of Community Affairs.
20230         Section 409. Paragraph (i) of subsection (4) of section
20231  551.104, Florida Statutes, is amended to read:
20232         551.104 License to conduct slot machine gaming.—
20233         (4) As a condition of licensure and to maintain continued
20234  authority for the conduct of slot machine gaming, the slot
20235  machine licensee shall:
20236         (i) Create and file with the division a written policy for:
20237         1. Creating opportunities to purchase from vendors in this
20238  state, including minority vendors.
20239         2. Creating opportunities for employment of residents of
20240  this state, including minority residents.
20241         3. Ensuring opportunities for construction services from
20242  minority contractors.
20243         4. Ensuring that opportunities for employment are offered
20244  on an equal, nondiscriminatory basis.
20245         5. Training for employees on responsible gaming and working
20246  with a compulsive or addictive gambling prevention program to
20247  further its purposes as provided for in s. 551.118.
20248         6. The implementation of a drug-testing program that
20249  includes, but is not limited to, requiring each employee to sign
20250  an agreement that he or she understands that the slot machine
20251  facility is a drug-free workplace.
20252  
20253  The slot machine licensee shall use the Internet-based job
20254  listing system of the Department of Economic Opportunity Agency
20255  for Workforce Innovation in advertising employment
20256  opportunities. Beginning in June 2007, each slot machine
20257  licensee shall provide an annual report to the division
20258  containing information indicating compliance with this paragraph
20259  in regard to minority persons.
20260         Section 410. Subsection (7) of section 553.36, Florida
20261  Statutes, is amended to read:
20262         553.36 Definitions.—The definitions contained in this
20263  section govern the construction of this part unless the context
20264  otherwise requires.
20265         (7) “Department” means the Department of Business and
20266  Professional Regulation Community Affairs.
20267         Section 411. Section 553.382, Florida Statutes, is amended
20268  to read:
20269         553.382 Placement of certain housing.—Notwithstanding any
20270  other law or ordinance to the contrary, in order to expand the
20271  availability of affordable housing in this state, any
20272  residential manufactured building that is certified under this
20273  chapter by the department of Community Affairs may be placed on
20274  a mobile home lot in a mobile home park, recreational vehicle
20275  park, or mobile home condominium, cooperative, or subdivision.
20276  Any such housing unit placed on a mobile home lot is a mobile
20277  home for purposes of chapter 723 and, therefore, all rights,
20278  obligations, and duties under chapter 723 apply, including the
20279  specifics of the prospectus. However, a housing unit subject to
20280  this section may not be placed on a mobile home lot without the
20281  prior written approval of the park owner. Each housing unit
20282  subject to this section shall be taxed as a mobile home under s.
20283  320.08(11) and is subject to payments to the Florida Mobile Home
20284  Relocation Fund under s. 723.06116.
20285         Section 412. Subsection (2) of section 553.512, Florida
20286  Statutes, is amended to read:
20287         553.512 Modifications and waivers; advisory council.—
20288         (2) The Accessibility Advisory Council shall consist of the
20289  following seven members, who shall be knowledgeable in the area
20290  of accessibility for persons with disabilities. The Secretary of
20291  Business and Professional Regulation Community Affairs shall
20292  appoint the following: a representative from the Advocacy Center
20293  for Persons with Disabilities, Inc.; a representative from the
20294  Division of Blind Services; a representative from the Division
20295  of Vocational Rehabilitation; a representative from a statewide
20296  organization representing the physically handicapped; a
20297  representative from the hearing impaired; a representative from
20298  the President, Florida Council of Handicapped Organizations; and
20299  a representative of the Paralyzed Veterans of America. The terms
20300  for the first three council members appointed subsequent to
20301  October 1, 1991, shall be for 4 years, the terms for the next
20302  two council members appointed shall be for 3 years, and the
20303  terms for the next two members shall be for 2 years. Thereafter,
20304  all council member appointments shall be for terms of 4 years.
20305  No council member shall serve more than two 4-year terms
20306  subsequent to October 1, 1991. Any member of the council may be
20307  replaced by the secretary upon three unexcused absences. Upon
20308  application made in the form provided, an individual waiver or
20309  modification may be granted by the commission so long as such
20310  modification or waiver is not in conflict with more stringent
20311  standards provided in another chapter.
20312         Section 413. Section 553.71, Florida Statutes, is amended
20313  to read:
20314         553.71 Definitions.—As used in this part, the term:
20315         (1) “Commission” means the Florida Building Commission
20316  created by this part.
20317         (2) “Department” means the Department of Business and
20318  Professional Regulation Community Affairs.
20319         (9)(3) “State enforcement agency” means the agency of state
20320  government with authority to make inspections of buildings and
20321  to enforce the codes, as required by this part, which establish
20322  standards for design, construction, erection, alteration,
20323  repair, modification, or demolition of public or private
20324  buildings, structures, or facilities.
20325         (3)(4) “Housing code” means any code or rule intending
20326  postconstruction regulation of structures which would include,
20327  but not be limited to: standards of maintenance, condition of
20328  facilities, condition of systems and components, living
20329  conditions, occupancy, use, and room sizes.
20330         (5) “Local enforcement agency” means an agency of local
20331  government, a local school board, a community college board of
20332  trustees, or a university board of trustees in the State
20333  University System with jurisdiction to make inspections of
20334  buildings and to enforce the codes which establish standards for
20335  design, construction, erection, alteration, repair,
20336  modification, or demolition of public or private buildings,
20337  structures, or facilities.
20338         (7)(6) “Secretary” means the Secretary of Business and
20339  Professional Regulation Community Affairs.
20340         (11)(7) “Threshold building” means any building which is
20341  greater than three stories or 50 feet in height, or which has an
20342  assembly occupancy classification as defined in the Florida
20343  Building Code which exceeds 5,000 square feet in area and an
20344  occupant content of greater than 500 persons.
20345         (4)(8) “Load management control device” means any device
20346  installed by any electric utility or its contractors which
20347  temporarily interrupts electric service to major appliances,
20348  motors, or other electrical systems contained within the
20349  buildings or on the premises of consumers for the purpose of
20350  reducing the utility’s system demand as needed in order to
20351  prevent curtailment of electric service in whole or in part to
20352  consumers and thereby maintain the quality of service to
20353  consumers, provided the device is in compliance with a program
20354  approved by the Florida Public Service Commission.
20355         (8)(9) “Special inspector” means a licensed architect or
20356  registered engineer who is certified under chapter 471 or
20357  chapter 481 to conduct inspections of threshold buildings.
20358         (6)(10) “Prototype building” means a building constructed
20359  in accordance with architectural or engineering plans intended
20360  for replication on various sites and which will be updated to
20361  comply with the Florida Building Code and applicable laws
20362  relating to firesafety, health and sanitation, casualty safety,
20363  and requirements for persons with disabilities which are in
20364  effect at the time a construction contract is to be awarded.
20365         (10)(11) “Temporary” includes, but is not limited to,
20366  buildings identified by, but not designated as permanent
20367  structures on, an approved development order.
20368         Section 414. Section 553.721, Florida Statutes, is amended
20369  to read:
20370         553.721 Surcharge.—In order for the Department of Business
20371  and Professional Regulation Community Affairs to administer and
20372  carry out the purposes of this part and related activities,
20373  there is hereby created a surcharge, to be assessed at the rate
20374  of 1.5 percent of the permit fees associated with enforcement of
20375  the Florida Building Code as defined by the uniform account
20376  criteria and specifically the uniform account code for building
20377  permits adopted for local government financial reporting
20378  pursuant to s. 218.32. The minimum amount collected on any
20379  permit issued shall be $2. The unit of government responsible
20380  for collecting a permit fee pursuant to s. 125.56(4) or s.
20381  166.201 shall collect such surcharge and electronically remit
20382  the funds collected to the department on a quarterly calendar
20383  basis beginning not later than December 31, 2010, for the
20384  preceding quarter, and continuing each third month thereafter,
20385  and such unit of government shall retain 10 percent of the
20386  surcharge collected to fund the participation of building
20387  departments in the national and state building code adoption
20388  processes and to provide education related to enforcement of the
20389  Florida Building Code. All funds remitted to the department
20390  pursuant to this section shall be deposited in the Professional
20391  Regulation Trust Fund Operating Trust Fund. Funds collected from
20392  such surcharge shall be used exclusively for the duties of the
20393  Florida Building Commission and the Department of Business and
20394  Professional Regulation Community Affairs under this chapter and
20395  shall not be used to fund research on techniques for mitigation
20396  of radon in existing buildings. Funds used by the department as
20397  well as funds to be transferred to the Department of Health
20398  shall be as prescribed in the annual General Appropriations Act.
20399  The department shall adopt rules governing the collection and
20400  remittance of surcharges in accordance with chapter 120.
20401         Section 415. Subsection (1) of section 553.74, Florida
20402  Statutes, is amended to read:
20403         553.74 Florida Building Commission.—
20404         (1) The Florida Building Commission is created and shall be
20405  located within the Department of Business and Professional
20406  Regulation Community Affairs for administrative purposes.
20407  Members shall be appointed by the Governor subject to
20408  confirmation by the Senate. The commission shall be composed of
20409  25 members, consisting of the following:
20410         (a) One architect registered to practice in this state and
20411  actively engaged in the profession. The American Institute of
20412  Architects, Florida Section, is encouraged to recommend a list
20413  of candidates for consideration.
20414         (b) One structural engineer registered to practice in this
20415  state and actively engaged in the profession. The Florida
20416  Engineering Society is encouraged to recommend a list of
20417  candidates for consideration.
20418         (c) One air-conditioning or mechanical contractor certified
20419  to do business in this state and actively engaged in the
20420  profession. The Florida Air Conditioning Contractors
20421  Association, the Florida Refrigeration and Air Conditioning
20422  Contractors Association, and the Mechanical Contractors
20423  Association of Florida are encouraged to recommend a list of
20424  candidates for consideration.
20425         (d) One electrical contractor certified to do business in
20426  this state and actively engaged in the profession. The Florida
20427  Electrical Contractors Association and the National Electrical
20428  Contractors Association, Florida Chapter, are encouraged to
20429  recommend a list of candidates for consideration.
20430         (e) One member from fire protection engineering or
20431  technology who is actively engaged in the profession. The
20432  Florida Chapter of the Society of Fire Protection Engineers and
20433  the Florida Fire Marshals and Inspectors Association are
20434  encouraged to recommend a list of candidates for consideration.
20435         (f) One general contractor certified to do business in this
20436  state and actively engaged in the profession. The Associated
20437  Builders and Contractors of Florida, the Florida Associated
20438  General Contractors Council, and the Union Contractors
20439  Association are encouraged to recommend a list of candidates for
20440  consideration.
20441         (g) One plumbing contractor licensed to do business in this
20442  state and actively engaged in the profession. The Florida
20443  Association of Plumbing, Heating, and Cooling Contractors is
20444  encouraged to recommend a list of candidates for consideration.
20445         (h) One roofing or sheet metal contractor certified to do
20446  business in this state and actively engaged in the profession.
20447  The Florida Roofing, Sheet Metal, and Air Conditioning
20448  Contractors Association and the Sheet Metal and Air Conditioning
20449  Contractors National Association are encouraged to recommend a
20450  list of candidates for consideration.
20451         (i) One residential contractor licensed to do business in
20452  this state and actively engaged in the profession. The Florida
20453  Home Builders Association is encouraged to recommend a list of
20454  candidates for consideration.
20455         (j) Three members who are municipal or district codes
20456  enforcement officials, one of whom is also a fire official. The
20457  Building Officials Association of Florida and the Florida Fire
20458  Marshals and Inspectors Association are encouraged to recommend
20459  a list of candidates for consideration.
20460         (k) One member who represents the Department of Financial
20461  Services.
20462         (l) One member who is a county codes enforcement official.
20463  The Building Officials Association of Florida is encouraged to
20464  recommend a list of candidates for consideration.
20465         (m) One member of a Florida-based organization of persons
20466  with disabilities or a nationally chartered organization of
20467  persons with disabilities with chapters in this state.
20468         (n) One member of the manufactured buildings industry who
20469  is licensed to do business in this state and is actively engaged
20470  in the industry. The Florida Manufactured Housing Association is
20471  encouraged to recommend a list of candidates for consideration.
20472         (o) One mechanical or electrical engineer registered to
20473  practice in this state and actively engaged in the profession.
20474  The Florida Engineering Society is encouraged to recommend a
20475  list of candidates for consideration.
20476         (p) One member who is a representative of a municipality or
20477  a charter county. The Florida League of Cities and the Florida
20478  Association of Counties are encouraged to recommend a list of
20479  candidates for consideration.
20480         (q) One member of the building products manufacturing
20481  industry who is authorized to do business in this state and is
20482  actively engaged in the industry. The Florida Building Material
20483  Association, the Florida Concrete and Products Association, and
20484  the Fenestration Manufacturers Association are encouraged to
20485  recommend a list of candidates for consideration.
20486         (r) One member who is a representative of the building
20487  owners and managers industry who is actively engaged in
20488  commercial building ownership or management. The Building Owners
20489  and Managers Association is encouraged to recommend a list of
20490  candidates for consideration.
20491         (s) One member who is a representative of the insurance
20492  industry. The Florida Insurance Council is encouraged to
20493  recommend a list of candidates for consideration.
20494         (t) One member who is a representative of public education.
20495         (u) One member who is a swimming pool contractor licensed
20496  to do business in this state and actively engaged in the
20497  profession. The Florida Swimming Pool Association and the United
20498  Pool and Spa Association are encouraged to recommend a list of
20499  candidates for consideration.
20500         (v) One member who is a representative of the green
20501  building industry and who is a third-party commission agent, a
20502  Florida board member of the United States Green Building Council
20503  or Green Building Initiative, or a LEED-accredited professional.
20504         (w) One member who shall be the chair.
20505  
20506  Any person serving on the commission under paragraph (c) or
20507  paragraph (h) on October 1, 2003, and who has served less than
20508  two full terms is eligible for reappointment to the commission
20509  regardless of whether he or she meets the new qualification.
20510         Section 416. Subsections (2) and (5) of section 553.841,
20511  Florida Statutes, are amended to read:
20512         553.841 Building code compliance and mitigation program.—
20513         (2) The Department of Business and Professional Regulation
20514  Community Affairs shall administer a program, designated as the
20515  Florida Building Code Compliance and Mitigation Program, to
20516  develop, coordinate, and maintain education and outreach to
20517  persons required to comply with the Florida Building Code and
20518  ensure consistent education, training, and communication of the
20519  code’s requirements, including, but not limited to, methods for
20520  mitigation of storm-related damage. The program shall also
20521  operate a clearinghouse through which design, construction, and
20522  building code enforcement licensees, suppliers, and consumers in
20523  this state may find others in order to exchange information
20524  relating to mitigation and facilitate repairs in the aftermath
20525  of a natural disaster.
20526         (5) Each biennium, upon receipt of funds by the Department
20527  of Business and Professional Regulation Community Affairs from
20528  the Construction Industry Licensing Board and the Electrical
20529  Contractors’ Licensing Board provided under ss. 489.109(3) and
20530  489.509(3), the department shall determine the amount of funds
20531  available for the Florida Building Code Compliance and
20532  Mitigation Program.
20533         Section 417. Subsections (2) and (3) of section 553.896,
20534  Florida Statutes, are amended to read:
20535         553.896 Mitigation grant program guideline.—
20536         (2) Beginning with grant funds approved after July 1, 2005,
20537  the construction of new or retrofitted window or door coverings
20538  that is funded by a hazard-mitigation grant program or shelter
20539  retrofit program must conform to design drawings that are
20540  signed, sealed, and inspected by a structural engineer who is
20541  registered in this state. Before the Division of Emergency
20542  Management Department of Community Affairs forwards payment to a
20543  recipient of the grant, an inspection report and attestation or
20544  a copy of the signed and sealed plans shall be provided to the
20545  department.
20546         (3) If the construction is funded by a hazard mitigation
20547  grant or shelter retrofit program, the Division of Emergency
20548  Management Department of Community Affairs shall advise the
20549  county, municipality, or other entity applying for the grant
20550  that the cost or price of the project is not the sole criterion
20551  for selecting a vendor.
20552         Section 418. Section 553.901, Florida Statutes, is amended
20553  to read:
20554         553.901 Purpose of thermal efficiency code.—The Department
20555  of Business and Professional Regulation Community Affairs shall
20556  prepare a thermal efficiency code to provide for a statewide
20557  uniform standard for energy efficiency in the thermal design and
20558  operation of all buildings statewide, consistent with energy
20559  conservation goals, and to best provide for public safety,
20560  health, and general welfare. The Florida Building Commission
20561  shall adopt the Florida Energy Efficiency Code for Building
20562  Construction within the Florida Building Code, and shall modify,
20563  revise, update, and maintain the code to implement the
20564  provisions of this thermal efficiency code and amendments
20565  thereto, in accordance with the procedures of chapter 120. The
20566  department shall, at least triennially, determine the most cost
20567  effective energy-saving equipment and techniques available and
20568  report its determinations to the commission, which shall update
20569  the code to incorporate such equipment and techniques. The
20570  proposed changes shall be made available for public review and
20571  comment no later than 6 months prior to code implementation. The
20572  term “cost-effective,” for the purposes of this part, shall be
20573  construed to mean cost-effective to the consumer.
20574         Section 419. Section 553.9085, Florida Statutes, is amended
20575  to read:
20576         553.9085 Energy performance disclosure for residential
20577  buildings.—The energy performance level resulting from
20578  compliance with the provisions of this part, for each new
20579  residential building, shall be disclosed at the request of the
20580  prospective purchaser. In conjunction with the normal
20581  responsibilities and duties of this part, the local building
20582  official shall require that a complete and accurate energy
20583  performance level display card be completed and certified by the
20584  builder as accurate and correct before final approval of the
20585  building for occupancy. The energy performance level display
20586  card shall be included as an addendum to each sales contract.
20587  The display card shall be uniform statewide and developed by the
20588  Department of Business and Professional Regulation Community
20589  Affairs. At a minimum, the display card shall list information
20590  indicating the energy performance level of the dwelling unit
20591  resulting from compliance with the code, shall be signed by the
20592  builder, and shall list general information about the energy
20593  performance level and the code.
20594         Section 420. Section 553.954, Florida Statutes, is amended
20595  to read:
20596         553.954 Adoption of standards.—The Department of Business
20597  and Professional Regulation Community Affairs shall adopt,
20598  modify, revise, update, and maintain the Florida Energy
20599  Conservation Standards to implement the provisions of this part
20600  and amendments thereto in accordance with the procedures of
20601  chapter 120.
20602         Section 421. Subsection (6) of section 553.955, Florida
20603  Statutes, is amended to read:
20604         553.955 Definitions.—For purposes of this part:
20605         (6) “Department” means the Department of Business and
20606  Professional Regulation Community Affairs.
20607         Section 422. Subsection (1) of section 553.973, Florida
20608  Statutes, is amended to read:
20609         553.973 Enforcement and penalties.—
20610         (1) The Department of Business and Professional Regulation
20611  Community Affairs shall investigate any complaints received
20612  concerning violations of this part and shall report the results
20613  of its investigation to the Attorney General or state attorney.
20614  The Attorney General or state attorney may institute proceedings
20615  to enjoin any person found to be violating the provisions of
20616  this part.
20617         Section 423. Section 553.992, Florida Statutes, is amended
20618  to read:
20619         553.992 Adoption of rating system.—The Department of
20620  Business and Professional Regulation Community Affairs shall
20621  adopt, update, and maintain a statewide uniform building energy
20622  efficiency rating system to implement the provisions of this
20623  part and amendments thereto in accordance with the procedures of
20624  chapter 120 and shall, upon the request of any builder,
20625  designer, rater, or owner of a building, issue nonbinding
20626  interpretations, clarifications, and opinions concerning the
20627  application and use of the building energy rating system under
20628  rules that the department adopts in accordance with chapter 120.
20629         Section 424. Subsection (4) of section 553.995, Florida
20630  Statutes, is amended to read:
20631         553.995 Energy-efficiency ratings for buildings.—
20632         (4) The department shall develop a training and
20633  certification program to certify raters. In addition to the
20634  department, ratings may be conducted by any local government or
20635  private entity, provided that the appropriate persons have
20636  completed the necessary training and have been certified by the
20637  department. The Department of Management Services shall rate
20638  state-owned or state-leased buildings, provided that the
20639  appropriate persons have completed the necessary training and
20640  have been certified by the Department of Business and
20641  Professional Regulation Community Affairs. A state agency which
20642  has building construction regulation authority may rate its own
20643  buildings and those it is responsible for, if the appropriate
20644  persons have completed the necessary training and have been
20645  certified by the Department of Business and Professional
20646  Regulation Community Affairs. The Department of Business and
20647  Professional Regulation Community Affairs may charge a fee not
20648  to exceed the costs for the training and certification of
20649  raters. The department shall by rule set the appropriate charges
20650  for raters to charge for energy ratings, not to exceed the
20651  actual costs.
20652         Section 425. Subsection (10) of section 570.71, Florida
20653  Statutes, is amended to read:
20654         570.71 Conservation easements and agreements.—
20655         (10) The department, in consultation with the Department of
20656  Environmental Protection, the water management districts, the
20657  Department of Economic Opportunity Community Affairs, and the
20658  Florida Fish and Wildlife Conservation Commission, shall adopt
20659  rules that establish an application process, a process and
20660  criteria for setting priorities for use of funds consistent with
20661  the purposes specified in subsection (1) and giving preference
20662  to ranch and timber lands managed using sustainable practices,
20663  an appraisal process, and a process for title review and
20664  compliance and approval of the rules by the Board of Trustees of
20665  the Internal Improvement Trust Fund.
20666         Section 426. Section 570.96, Florida Statutes, is amended
20667  to read:
20668         570.96 Agritourism.—The Department of Agriculture and
20669  Consumer Services may provide marketing advice, technical
20670  expertise, promotional support, and product development related
20671  to agritourism to assist the following in their agritourism
20672  initiatives: Enterprise Florida, Inc. the Florida Commission on
20673  Tourism; convention and visitor bureaus; tourist development
20674  councils; economic development organizations; and local
20675  governments. In carrying out this responsibility, the department
20676  shall focus its agritourism efforts on rural and urban
20677  communities.
20678         Section 427. Subsection (1) of section 597.006, Florida
20679  Statutes, is amended to read:
20680         597.006 Aquaculture Interagency Coordinating Council.—
20681         (1) CREATION.—The Legislature finds and declares that there
20682  is a need for interagency coordination with regard to
20683  aquaculture by the following agencies: the Department of
20684  Agriculture and Consumer Services; the Department of Economic
20685  Opportunity; the Office of Tourism, Trade, and Economic
20686  Development; the Department of Community Affairs; the Department
20687  of Environmental Protection; the Department of Labor and
20688  Employment Security; the Fish and Wildlife Conservation
20689  Commission; the statewide consortium of universities under the
20690  Florida Institute of Oceanography; Florida Agricultural and
20691  Mechanical University; the Institute of Food and Agricultural
20692  Sciences at the University of Florida; and the Florida Sea Grant
20693  Program. It is therefore the intent of the Legislature to hereby
20694  create an Aquaculture Interagency Coordinating Council to act as
20695  an advisory body as defined in s. 20.03(9).
20696         Section 428. Subsection (2) of section 604.006, Florida
20697  Statutes, is amended to read:
20698         604.006 Mapping and monitoring of agricultural lands.—
20699         (2) The Department of Economic Opportunity Community
20700  Affairs shall develop a program for mapping and monitoring the
20701  agricultural lands in the state. The department has the power to
20702  adopt rules necessary to carry out the purposes of this section,
20703  and it may contract with other agencies for the provision of
20704  necessary mapping and information services.
20705         Section 429. Paragraphs (d) and (e) of subsection (2),
20706  paragraph (a) of subsection (4), and subsection (5) of section
20707  624.5105, Florida Statutes, are amended to read:
20708         624.5105 Community contribution tax credit; authorization;
20709  limitations; eligibility and application requirements;
20710  administration; definitions; expiration.—
20711         (2) ELIGIBILITY REQUIREMENTS.—
20712         (d) The project shall be located in an area designated as
20713  an enterprise zone or a Front Porch Community pursuant to s.
20714  20.18(6). Any project designed to construct or rehabilitate
20715  housing for low-income or very-low-income households as defined
20716  in s. 420.9071(19) and (28) is exempt from the area requirement
20717  of this paragraph.
20718         (e)1. If, during the first 10 business days of the state
20719  fiscal year, eligible tax credit applications for projects that
20720  provide homeownership opportunities for low-income or very-low
20721  income households as defined in s. 420.9071(19) and (28) are
20722  received for less than the annual tax credits available for
20723  those projects, the Department of Economic Opportunity, Office
20724  of Tourism, Trade, and Economic Development shall grant tax
20725  credits for those applications and shall grant remaining tax
20726  credits on a first-come, first-served basis for any subsequent
20727  eligible applications received before the end of the state
20728  fiscal year. If, during the first 10 business days of the state
20729  fiscal year, eligible tax credit applications for projects that
20730  provide homeownership opportunities for low-income or very-low
20731  income households as defined in s. 420.9071(19) and (28) are
20732  received for more than the annual tax credits available for
20733  those projects, the Department of Economic Opportunity, office
20734  shall grant the tax credits for those applications as follows:
20735         a. If tax credit applications submitted for approved
20736  projects of an eligible sponsor do not exceed $200,000 in total,
20737  the credits shall be granted in full if the tax credit
20738  applications are approved.
20739         b. If tax credit applications submitted for approved
20740  projects of an eligible sponsor exceed $200,000 in total, the
20741  amount of tax credits granted under sub-subparagraph a. shall be
20742  subtracted from the amount of available tax credits, and the
20743  remaining credits shall be granted to each approved tax credit
20744  application on a pro rata basis.
20745         2. If, during the first 10 business days of the state
20746  fiscal year, eligible tax credit applications for projects other
20747  than those that provide homeownership opportunities for low
20748  income or very-low-income households as defined in s.
20749  420.9071(19) and (28) are received for less than the annual tax
20750  credits available for those projects, the Department of Economic
20751  Opportunity, office shall grant tax credits for those
20752  applications and shall grant remaining tax credits on a first
20753  come, first-served basis for any subsequent eligible
20754  applications received before the end of the state fiscal year.
20755  If, during the first 10 business days of the state fiscal year,
20756  eligible tax credit applications for projects other than those
20757  that provide homeownership opportunities for low-income or very
20758  low-income households as defined in s. 420.9071(19) and (28) are
20759  received for more than the annual tax credits available for
20760  those projects, the Department of Economic Opportunity, office
20761  shall grant the tax credits for those applications on a pro rata
20762  basis.
20763         (4) ADMINISTRATION.—
20764         (a)1. The Department of Economic Opportunity may Office of
20765  Tourism, Trade, and Economic Development is authorized to adopt
20766  all rules necessary to administer this section, including rules
20767  for the approval or disapproval of proposals by insurers.
20768         2. The decision of the director shall be in writing, and,
20769  if approved, the proposal shall state the maximum credit
20770  allowable to the insurer. A copy of the decision shall be
20771  transmitted to the executive director of the Department of
20772  Revenue, who shall apply such credit to the tax liability of the
20773  insurer.
20774         3. The Department of Economic Opportunity office shall
20775  monitor all projects periodically, in a manner consistent with
20776  available resources to ensure that resources are utilized in
20777  accordance with this section; however, each project shall be
20778  reviewed no less frequently than once every 2 years.
20779         4. The Department of Economic Opportunity Office of
20780  Tourism, Trade, and Economic Development shall, in consultation
20781  with the Department of Community Affairs, the Florida Housing
20782  Finance Corporation, and the statewide and regional housing and
20783  financial intermediaries, market the availability of the
20784  community contribution tax credit program to community-based
20785  organizations.
20786         (5) DEFINITIONS.—As used in For the purpose of this
20787  section, the term:
20788         (a) “Community contribution” means the grant by an insurer
20789  of any of the following items:
20790         1. Cash or other liquid assets.
20791         2. Real property.
20792         3. Goods or inventory.
20793         4. Other physical resources which are identified by the
20794  department.
20795         (b) “Director” means the director of the Department of
20796  Economic Opportunity Office of Tourism, Trade, and Economic
20797  Development.
20798         (c) “Local government” means any county or incorporated
20799  municipality in the state.
20800         (d) “Office” means the Office of Tourism, Trade, and
20801  Economic Development.
20802         (d)(e) “Project” means an activity as defined in s.
20803  220.03(1)(t).
20804         Section 430. Section 625.3255, Florida Statutes, is amended
20805  to read:
20806         625.3255 Capital participation instrument.—An insurer may
20807  invest in any capital participation instrument or evidence of
20808  indebtedness issued by the Enterprise Florida, Inc., Florida
20809  Black Business Investment Board pursuant to the Florida Small
20810  and Minority Business Assistance Act.
20811         Section 431. Paragraph (b) of subsection (2) of section
20812  627.0628, Florida Statutes, is amended to read:
20813         627.0628 Florida Commission on Hurricane Loss Projection
20814  Methodology; public records exemption; public meetings
20815  exemption.—
20816         (2) COMMISSION CREATED.—
20817         (b) The commission shall consist of the following 11
20818  members:
20819         1. The insurance consumer advocate.
20820         2. The senior employee of the State Board of Administration
20821  responsible for operations of the Florida Hurricane Catastrophe
20822  Fund.
20823         3. The Executive Director of the Citizens Property
20824  Insurance Corporation.
20825         4. The Director of the Division of Emergency Management of
20826  the Department of Community Affairs.
20827         5. The actuary member of the Florida Hurricane Catastrophe
20828  Fund Advisory Council.
20829         6. An employee of the office who is an actuary responsible
20830  for property insurance rate filings and who is appointed by the
20831  director of the office.
20832         7. Five members appointed by the Chief Financial Officer,
20833  as follows:
20834         a. An actuary who is employed full time by a property and
20835  casualty insurer that which was responsible for at least 1
20836  percent of the aggregate statewide direct written premium for
20837  homeowner’s insurance in the calendar year preceding the
20838  member’s appointment to the commission.
20839         b. An expert in insurance finance who is a full-time member
20840  of the faculty of the State University System and who has a
20841  background in actuarial science.
20842         c. An expert in statistics who is a full-time member of the
20843  faculty of the State University System and who has a background
20844  in insurance.
20845         d. An expert in computer system design who is a full-time
20846  member of the faculty of the State University System.
20847         e. An expert in meteorology who is a full-time member of
20848  the faculty of the State University System and who specializes
20849  in hurricanes.
20850         Section 432. Paragraph (b) of subsection (1) of section
20851  627.0629, Florida Statutes, is amended to read:
20852         627.0629 Residential property insurance; rate filings.—
20853         (1)
20854         (b) By February 1, 2011, the Office of Insurance
20855  Regulation, in consultation with the Department of Financial
20856  Services and the Department of Community Affairs, shall develop
20857  and make publicly available a proposed method for insurers to
20858  establish discounts, credits, or other rate differentials for
20859  hurricane mitigation measures which directly correlate to the
20860  numerical rating assigned to a structure pursuant to the uniform
20861  home grading scale adopted by the Financial Services Commission
20862  pursuant to s. 215.55865, including any proposed changes to the
20863  uniform home grading scale. By October 1, 2011, the commission
20864  shall adopt rules requiring insurers to make rate filings for
20865  residential property insurance which revise insurers’ discounts,
20866  credits, or other rate differentials for hurricane mitigation
20867  measures so that such rate differentials correlate directly to
20868  the uniform home grading scale. The rules may include such
20869  changes to the uniform home grading scale as the commission
20870  determines are necessary, and may specify the minimum required
20871  discounts, credits, or other rate differentials. Such rate
20872  differentials must be consistent with generally accepted
20873  actuarial principles and wind-loss mitigation studies. The rules
20874  shall allow a period of at least 2 years after the effective
20875  date of the revised mitigation discounts, credits, or other rate
20876  differentials for a property owner to obtain an inspection or
20877  otherwise qualify for the revised credit, during which time the
20878  insurer shall continue to apply the mitigation credit that was
20879  applied immediately prior to the effective date of the revised
20880  credit. Discounts, credits, and other rate differentials
20881  established for rate filings under this paragraph shall
20882  supersede, after adoption, the discounts, credits, and other
20883  rate differentials included in rate filings under paragraph (a).
20884         Section 433. Subsection (7) of section 627.3511, Florida
20885  Statutes, is amended to read:
20886         627.3511 Depopulation of Citizens Property Insurance
20887  Corporation.—
20888         (7) A minority business, which is at least 51 percent owned
20889  by minority persons as described in s. 288.703(3), desiring to
20890  operate or become licensed as a property and casualty insurer
20891  may exempt up to $50 of the escrow requirements of the take-out
20892  bonus, as described in this section. Such minority business,
20893  which has applied for a certificate of authority to engage in
20894  business as a property and casualty insurer, may simultaneously
20895  file the business’ proposed take-out plan, as described in this
20896  section, with the corporation.
20897         Section 434. Subsection (1) of section 641.217, Florida
20898  Statutes, is amended to read:
20899         641.217 Minority recruitment and retention plans required.—
20900         (1) Any entity contracting with the Agency for Health Care
20901  Administration to provide health care services to Medicaid
20902  recipients or state employees on a prepaid or fixed-sum basis
20903  must submit to the Agency for Health Care Administration the
20904  entity’s plan for recruitment and retention of health care
20905  practitioners who are minority persons minorities as defined in
20906  s. 288.703(3). The plan must demonstrate an ability to recruit
20907  and retain minority persons minorities which shall include, but
20908  is not limited to, the following efforts:
20909         (a) Establishing and maintaining contacts with various
20910  organizations representing the interests and concerns of
20911  minority constituencies to seek advice and assistance.
20912         (b) Identifying and recruiting at colleges and universities
20913  which primarily serve minority students.
20914         (c) Reviewing and analyzing the organization’s workforce as
20915  to minority representation.
20916         (d) Other factors identified by the Agency for Health Care
20917  Administration by rule.
20918         Section 435. Paragraph (b) of subsection (4) of section
20919  657.042, Florida Statutes, is amended to read:
20920         657.042 Investment powers and limitations.—A credit union
20921  may invest its funds subject to the following definitions,
20922  restrictions, and limitations:
20923         (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF
20924  CAPITAL OF THE CREDIT UNION.—Up to 1 percent of the capital of
20925  the credit union may be invested in any of the following:
20926         (b) Any capital participation instrument or evidence of
20927  indebtedness issued by Enterprise Florida, Inc., the Florida
20928  Black Business Investment Board pursuant to the Florida Small
20929  and Minority Business Assistance Act.
20930         Section 436. Paragraph (g) of subsection (4) of section
20931  658.67, Florida Statutes, is amended to read:
20932         658.67 Investment powers and limitations.—A bank may invest
20933  its funds, and a trust company may invest its corporate funds,
20934  subject to the following definitions, restrictions, and
20935  limitations:
20936         (4) INVESTMENTS SUBJECT TO LIMITATION OF TEN PERCENT OR
20937  LESS OF CAPITAL ACCOUNTS.—
20938         (g) Up to 10 percent of the capital accounts of a bank or
20939  trust company may be invested in any capital participation
20940  instrument or evidence of indebtedness issued by Enterprise
20941  Florida, Inc., the Florida Black Business Investment Board
20942  pursuant to the Florida Small and Minority Business Assistance
20943  Act.
20944         Section 437. Subsection (2) of section 720.403, Florida
20945  Statutes, is amended to read:
20946         720.403 Preservation of residential communities; revival of
20947  declaration of covenants.—
20948         (2) In order to preserve a residential community and the
20949  associated infrastructure and common areas for the purposes
20950  described in this section, the parcel owners in a community that
20951  was previously subject to a declaration of covenants that has
20952  ceased to govern one or more parcels in the community may revive
20953  the declaration and the homeowners’ association for the
20954  community upon approval by the parcel owners to be governed
20955  thereby as provided in this act, and upon approval of the
20956  declaration and the other governing documents for the
20957  association by the Department of Economic Opportunity Community
20958  Affairs in a manner consistent with this act.
20959         Section 438. Section 720.404, Florida Statutes, is amended
20960  to read:
20961         720.404 Eligible residential communities; requirements for
20962  revival of declaration.—Parcel owners in a community are
20963  eligible to seek approval from the Department of Economic
20964  Opportunity Community Affairs to revive a declaration of
20965  covenants under this act if all of the following requirements
20966  are met:
20967         (1) All parcels to be governed by the revived declaration
20968  must have been once governed by a previous declaration that has
20969  ceased to govern some or all of the parcels in the community;
20970         (2) The revived declaration must be approved in the manner
20971  provided in s. 720.405(6); and
20972         (3) The revived declaration may not contain covenants that
20973  are more restrictive on the parcel owners than the covenants
20974  contained in the previous declaration, except that the
20975  declaration may:
20976         (a) Have an effective term of longer duration than the term
20977  of the previous declaration;
20978         (b) Omit restrictions contained in the previous
20979  declaration;
20980         (c) Govern fewer than all of the parcels governed by the
20981  previous declaration;
20982         (d) Provide for amendments to the declaration and other
20983  governing documents; and
20984         (e) Contain provisions required by this chapter for new
20985  declarations that were not contained in the previous
20986  declaration.
20987         Section 439. Subsection (1) of section 720.406, Florida
20988  Statutes, is amended to read:
20989         720.406 Department of Economic Opportunity Community
20990  Affairs; submission; review and determination.—
20991         (1) No later than 60 days after the date the proposed
20992  revived declaration and other governing documents are approved
20993  by the affected parcel owners, the organizing committee or its
20994  designee must submit the proposed revived governing documents
20995  and supporting materials to the Department of Economic
20996  Opportunity Community Affairs to review and determine whether to
20997  approve or disapprove of the proposal to preserve the
20998  residential community. The submission to the department must
20999  include:
21000         (a) The full text of the proposed revived declaration of
21001  covenants and articles of incorporation and bylaws of the
21002  homeowners’ association;
21003         (b) A verified copy of the previous declaration of
21004  covenants and other previous governing documents for the
21005  community, including any amendments thereto;
21006         (c) The legal description of each parcel to be subject to
21007  the revived declaration and other governing documents and a plat
21008  or other graphic depiction of the affected properties in the
21009  community;
21010         (d) A verified copy of the written consents of the
21011  requisite number of the affected parcel owners approving the
21012  revived declaration and other governing documents or, if
21013  approval was obtained by a vote at a meeting of affected parcel
21014  owners, verified copies of the notice of the meeting,
21015  attendance, and voting results;
21016         (e) An affidavit by a current or former officer of the
21017  association or by a member of the organizing committee verifying
21018  that the requirements for the revived declaration set forth in
21019  s. 720.404 have been satisfied; and
21020         (f) Such other documentation that the organizing committee
21021  believes is supportive of the policy of preserving the
21022  residential community and operating, managing, and maintaining
21023  the infrastructure, aesthetic character, and common areas
21024  serving the residential community.
21025         Section 440. Subsection (4) of section 760.854, Florida
21026  Statutes, is amended to read:
21027         760.854 Center for Environmental Equity and Justice.—
21028         (4) The Center for Environmental Equity and Justice shall
21029  sponsor students to serve as interns at the Department of
21030  Health, the Department of Environmental Protection, the
21031  Department of Community Affairs, and other relevant state
21032  agencies. The center may enter into a memorandum of
21033  understanding with these agencies to address environmental
21034  equity and justice issues.
21035         Section 441. Paragraph (d) of subsection (2) of section
21036  768.13, Florida Statutes, is amended to read:
21037         768.13 Good Samaritan Act; immunity from civil liability.—
21038         (2)
21039         (d) Any person whose acts or omissions are not otherwise
21040  covered by this section and who participates in emergency
21041  response activities under the direction of or in connection with
21042  a community emergency response team, local emergency management
21043  agencies, the Division of Emergency Management of the Department
21044  of Community Affairs, or the Federal Emergency Management Agency
21045  is not liable for any civil damages as a result of care,
21046  treatment, or services provided gratuitously in such capacity
21047  and resulting from any act or failure to act in such capacity in
21048  providing or arranging further care, treatment, or services, if
21049  such person acts as a reasonably prudent person would have acted
21050  under the same or similar circumstances.
21051         Section 442. Section 943.03101, Florida Statutes, is
21052  amended to read:
21053         943.03101 Counter-terrorism coordination.—The Legislature
21054  finds that with respect to counter-terrorism efforts and initial
21055  responses to acts of terrorism within or affecting this state,
21056  specialized efforts of emergency management which that are
21057  unique to such situations are required and that these efforts
21058  intrinsically involve very close coordination of federal, state,
21059  and local law enforcement agencies with the efforts of all
21060  others involved in emergency-response efforts. In order to best
21061  provide this specialized effort with respect to counter
21062  terrorism efforts and responses, the Legislature has determined
21063  that such efforts should be coordinated by and through the
21064  Department of Law Enforcement, working closely with the Division
21065  of Emergency Management and others involved in preparation
21066  against acts of terrorism in or affecting this state, and in the
21067  initial response to such acts, in accordance with the state
21068  comprehensive emergency management plan prepared pursuant to s.
21069  252.35(2)(a).
21070         Section 443. Subsection (7) of section 943.0311, Florida
21071  Statutes, is amended to read:
21072         943.0311 Chief of Domestic Security; duties of the
21073  department with respect to domestic security.—
21074         (7) As used in this section, the term “state agency”
21075  includes the Agency for Health Care Administration, the Agency
21076  for Workforce Innovation, the Department of Agriculture and
21077  Consumer Services, the Department of Business and Professional
21078  Regulation, the Department of Children and Family Services, the
21079  Department of Citrus, the Department of Economic Opportunity
21080  Community Affairs, the Department of Corrections, the Department
21081  of Education, the Department of Elderly Affairs, the Division of
21082  Emergency Management, the Department of Environmental
21083  Protection, the Department of Financial Services, the Department
21084  of Health, the Department of Highway Safety and Motor Vehicles,
21085  the Department of Juvenile Justice, the Department of Law
21086  Enforcement, the Department of Legal Affairs, the Department of
21087  Management Services, the Department of Military Affairs, the
21088  Department of Revenue, the Department of State, the Department
21089  of the Lottery, the Department of Transportation, the Department
21090  of Veterans’ Affairs, the Fish and Wildlife Conservation
21091  Commission, the Parole Commission, the State Board of
21092  Administration, and the Executive Office of the Governor.
21093         Section 444. Paragraph (a) of subsection (1), paragraph (b)
21094  of subsection (2), and paragraphs (a) and (b) of subsection (4)
21095  of section 943.0313, Florida Statutes, are amended to read:
21096         943.0313 Domestic Security Oversight Council.—The
21097  Legislature finds that there exists a need to provide executive
21098  direction and leadership with respect to terrorism prevention,
21099  preparation, protection, response, and recovery efforts by state
21100  and local agencies in this state. In recognition of this need,
21101  the Domestic Security Oversight Council is hereby created. The
21102  council shall serve as an advisory council pursuant to s.
21103  20.03(7) to provide guidance to the state’s regional domestic
21104  security task forces and other domestic security working groups
21105  and to make recommendations to the Governor and the Legislature
21106  regarding the expenditure of funds and allocation of resources
21107  related to counter-terrorism and domestic security efforts.
21108         (1) MEMBERSHIP.—
21109         (a) The Domestic Security Oversight Council shall consist
21110  of the following voting members:
21111         1. The executive director of the Department of Law
21112  Enforcement.
21113         2. The director of the Division of Emergency Management
21114  within the Department of Community Affairs.
21115         3. The Attorney General.
21116         4. The Commissioner of Agriculture.
21117         5. The State Surgeon General.
21118         6. The Commissioner of Education.
21119         7. The State Fire Marshal.
21120         8. The adjutant general of the Florida National Guard.
21121         9. The state chief information officer.
21122         10. Each sheriff or chief of police who serves as a co
21123  chair of a regional domestic security task force pursuant to s.
21124  943.0312(1)(b).
21125         11. Each of the department’s special agents in charge who
21126  serve as a co-chair of a regional domestic security task force.
21127         12. Two representatives of the Florida Fire Chiefs
21128  Association.
21129         13. One representative of the Florida Police Chiefs
21130  Association.
21131         14. One representative of the Florida Prosecuting Attorneys
21132  Association.
21133         15. The chair of the Statewide Domestic Security
21134  Intelligence Committee.
21135         16. One representative of the Florida Hospital Association.
21136         17. One representative of the Emergency Medical Services
21137  Advisory Council.
21138         18. One representative of the Florida Emergency
21139  Preparedness Association.
21140         19. One representative of the Florida Seaport
21141  Transportation and Economic Development Council.
21142         (2) ORGANIZATION.—
21143         (b) The executive director of the Department of Law
21144  Enforcement shall serve as chair of the council, and the
21145  director of the Division of Emergency Management within the
21146  Department of Community Affairs shall serve as vice chair of the
21147  council. In the absence of the chair, the vice chair shall serve
21148  as chair. In the absence of the vice chair, the chair may name
21149  any member of the council to perform the duties of the chair if
21150  such substitution does not extend beyond a defined meeting,
21151  duty, or period of time.
21152         (4) EXECUTIVE COMMITTEE.—
21153         (a) The council shall establish an executive committee
21154  consisting of the following members:
21155         1. The executive director of the Department of Law
21156  Enforcement.
21157         2. The director of the Division of Emergency Management
21158  within the Department of Community Affairs.
21159         3. The Attorney General.
21160         4. The Commissioner of Agriculture.
21161         5. The State Surgeon General.
21162         6. The Commissioner of Education.
21163         7. The State Fire Marshal.
21164         (b) The executive director of the Department of Law
21165  Enforcement shall serve as the chair of the executive committee,
21166  and the director of the Division of Emergency Management within
21167  the Department of Community Affairs shall serve as the vice
21168  chair of the executive committee.
21169         Section 445. Paragraph (h) of subsection (3) of section
21170  944.801, Florida Statutes, is amended to read:
21171         944.801 Education for state prisoners.—
21172         (3) The responsibilities of the Correctional Education
21173  Program shall be to:
21174         (h) Develop a written procedure for selecting programs to
21175  add to or delete from the vocational curriculum. The procedure
21176  shall include labor market analyses that which demonstrate the
21177  projected demand for certain occupations and the projected
21178  supply of potential employees. In conducting these analyses, the
21179  department shall evaluate the feasibility of adding vocational
21180  education programs that which have been identified by the
21181  Department of Economic Opportunity, the Department of Education,
21182  the Agency for Workforce Innovation or a regional coordinating
21183  council as being in undersupply in this state. The department
21184  shall periodically reevaluate the vocational education programs
21185  in major institutions to determine which of the programs support
21186  and provide relevant skills to inmates who could be assigned to
21187  a correctional work program that is operated as a Prison
21188  Industry Enhancement Program.
21189         Section 446. Paragraph (d) of subsection (3) of section
21190  945.10, Florida Statutes, is amended to read:
21191         945.10 Confidential information.—
21192         (3) Due to substantial concerns regarding institutional
21193  security and unreasonable and excessive demands on personnel and
21194  resources if an inmate or an offender has unlimited or routine
21195  access to records of the Department of Corrections, an inmate or
21196  an offender who is under the jurisdiction of the department may
21197  not have unrestricted access to the department’s records or to
21198  information contained in the department’s records. However,
21199  except as to another inmate’s or offender’s records, the
21200  department may permit limited access to its records if an inmate
21201  or an offender makes a written request and demonstrates an
21202  exceptional need for information contained in the department’s
21203  records and the information is otherwise unavailable.
21204  Exceptional circumstances include, but are not limited to:
21205         (d) The requested records contain information required to
21206  process an application or claim by the inmate or offender with
21207  the Internal Revenue Service, the Social Security
21208  Administration, the Department of Economic Opportunity Agency
21209  for Workforce Innovation, or any other similar application or
21210  claim with a state agency or federal agency.
21211         Section 447. Subsection (4) of section 985.601, Florida
21212  Statutes, is amended to read:
21213         985.601 Administering the juvenile justice continuum.—
21214         (4) The department shall maintain continuing cooperation
21215  with the Department of Education, the Department of Children and
21216  Family Services, the Department of Economic Opportunity Agency
21217  for Workforce Innovation, and the Department of Corrections for
21218  the purpose of participating in agreements with respect to
21219  dropout prevention and the reduction of suspensions, expulsions,
21220  and truancy; increased access to and participation in GED,
21221  vocational, and alternative education programs; and employment
21222  training and placement assistance. The cooperative agreements
21223  between the departments shall include an interdepartmental plan
21224  to cooperate in accomplishing the reduction of inappropriate
21225  transfers of children into the adult criminal justice and
21226  correctional systems.
21227         Section 448. Subsections (1) and (2) of section 1002.375,
21228  Florida Statutes, are amended to read:
21229         1002.375 Alternative credit for high school courses; pilot
21230  project.—
21231         (1) The Commissioner of Education shall implement a pilot
21232  project in up to three school districts beginning in the 2008
21233  2009 school year which allows school districts to award
21234  alternative course credit for students enrolled in nationally or
21235  state-recognized industry certification programs, as defined by
21236  the former Agency for Workforce Innovation or the Department of
21237  Economic Opportunity, in accordance with the criteria described
21238  in s. 1003.492(2). The Commissioner of Education shall establish
21239  criteria for districts that participate in the pilot program.
21240  School districts interested in participating in the program must
21241  submit a letter of interest by July 15, 2008, to the
21242  Commissioner of Education identifying up to five nationally or
21243  state-recognized industry certification programs, as defined by
21244  the former Agency for Workforce Innovation or the Department of
21245  Economic Opportunity, in accordance with the criteria described
21246  in s. 1003.492(2), under which the district would like to award
21247  alternative credit for the eligible courses identified in
21248  subsection (2). The Commissioner of Education shall select up to
21249  three participating school districts by July 30, 2008. The
21250  Commissioner of Education shall submit a report to the Governor,
21251  the President of the Senate, and the Speaker of the House of
21252  Representatives identifying the number of students choosing to
21253  earn alternative credit, the number of students that received
21254  alternative credit, and legislative recommendations for
21255  expanding the use of alternative credit for core academic
21256  courses required for high school graduation. The report shall be
21257  submitted by January 1, 2010.
21258         (2) For purposes of designing and implementing a successful
21259  pilot project, eligible alternative credit courses include
21260  Algebra 1a, Algebra 1b, Algebra 1, Geometry, and Biology.
21261  Alternative credits shall be awarded for courses in which a
21262  student is not enrolled, but for which the student may earn
21263  academic credit by enrolling in another course or sequence of
21264  courses required to earn a nationally or state-recognized
21265  industry certificate, as defined by the former Agency for
21266  Workforce Innovation or the Department of Economic Opportunity,
21267  in accordance with the criteria described in s. 1003.492(2), of
21268  which the majority of the standards-based content in the course
21269  description is consistent with the alternative credit course
21270  description approved by the Department of Education.
21271         Section 449. Paragraph (b) of subsection (4) and subsection
21272  (5) of section 1002.53, Florida Statutes, are amended to read:
21273         1002.53 Voluntary Prekindergarten Education Program;
21274  eligibility and enrollment.—
21275         (4)
21276         (b) The application must be submitted on forms prescribed
21277  by the Office of Early Learning Agency for Workforce Innovation
21278  and must be accompanied by a certified copy of the child’s birth
21279  certificate. The forms must include a certification, in
21280  substantially the form provided in s. 1002.71(6)(b)2., that the
21281  parent chooses the private prekindergarten provider or public
21282  school in accordance with this section and directs that payments
21283  for the program be made to the provider or school. The Office of
21284  Early Learning Agency for Workforce Innovation may authorize
21285  alternative methods for submitting proof of the child’s age in
21286  lieu of a certified copy of the child’s birth certificate.
21287         (5) The early learning coalition shall provide each parent
21288  enrolling a child in the Voluntary Prekindergarten Education
21289  Program with a profile of every private prekindergarten provider
21290  and public school delivering the program within the county where
21291  the child is being enrolled. The profiles shall be provided to
21292  parents in a format prescribed by the Office of Early Learning
21293  Agency for Workforce Innovation. The profiles must include, at a
21294  minimum, the following information about each provider and
21295  school:
21296         (a) The provider’s or school’s services, curriculum,
21297  instructor credentials, and instructor-to-student ratio; and
21298         (b) The provider’s or school’s kindergarten readiness rate
21299  calculated in accordance with s. 1002.69, based upon the most
21300  recent available results of the statewide kindergarten
21301  screening.
21302         Section 450. Paragraphs (e) and (h) of subsection (3) of
21303  section 1002.55, Florida Statutes, are amended to read:
21304         1002.55 School-year prekindergarten program delivered by
21305  private prekindergarten providers.—
21306         (3) To be eligible to deliver the prekindergarten program,
21307  a private prekindergarten provider must meet each of the
21308  following requirements:
21309         (e) A private prekindergarten provider may assign a
21310  substitute instructor to temporarily replace a credentialed
21311  instructor if the credentialed instructor assigned to a
21312  prekindergarten class is absent, as long as the substitute
21313  instructor is of good moral character and has been screened
21314  before employment in accordance with level 2 background
21315  screening requirements in chapter 435. The Office of Early
21316  Learning Agency for Workforce Innovation shall adopt rules to
21317  implement this paragraph which shall include required
21318  qualifications of substitute instructors and the circumstances
21319  and time limits for which a private prekindergarten provider may
21320  assign a substitute instructor.
21321         (h) The private prekindergarten provider must register with
21322  the early learning coalition on forms prescribed by the Office
21323  of Early Learning Agency for Workforce Innovation.
21324         Section 451. Subsections (6) and (8) of section 1002.61,
21325  Florida Statutes, are amended to read:
21326         1002.61 Summer prekindergarten program delivered by public
21327  schools and private prekindergarten providers.—
21328         (6) A public school or private prekindergarten provider may
21329  assign a substitute instructor to temporarily replace a
21330  credentialed instructor if the credentialed instructor assigned
21331  to a prekindergarten class is absent, as long as the substitute
21332  instructor is of good moral character and has been screened
21333  before employment in accordance with level 2 background
21334  screening requirements in chapter 435. This subsection does not
21335  supersede employment requirements for instructional personnel in
21336  public schools which are more stringent than the requirements of
21337  this subsection. The Office of Early Learning Agency for
21338  Workforce Innovation shall adopt rules to implement this
21339  subsection which shall include required qualifications of
21340  substitute instructors and the circumstances and time limits for
21341  which a public school or private prekindergarten provider may
21342  assign a substitute instructor.
21343         (8) Each public school delivering the summer
21344  prekindergarten program must also:
21345         (a) Register with the early learning coalition on forms
21346  prescribed by the Office of Early Learning Agency for Workforce
21347  Innovation; and
21348         (b) Deliver the Voluntary Prekindergarten Education Program
21349  in accordance with this part.
21350         Section 452. Subsections (6) and (8) of section 1002.63,
21351  Florida Statutes, are amended to read:
21352         1002.63 School-year prekindergarten program delivered by
21353  public schools.—
21354         (6) A public school prekindergarten provider may assign a
21355  substitute instructor to temporarily replace a credentialed
21356  instructor if the credentialed instructor assigned to a
21357  prekindergarten class is absent, as long as the substitute
21358  instructor is of good moral character and has been screened
21359  before employment in accordance with level 2 background
21360  screening requirements in chapter 435. This subsection does not
21361  supersede employment requirements for instructional personnel in
21362  public schools which are more stringent than the requirements of
21363  this subsection. The Office of Early Learning Agency for
21364  Workforce Innovation shall adopt rules to implement this
21365  subsection which shall include required qualifications of
21366  substitute instructors and the circumstances and time limits for
21367  which a public school prekindergarten provider may assign a
21368  substitute instructor.
21369         (8) Each public school delivering the school-year
21370  prekindergarten program must:
21371         (a) Register with the early learning coalition on forms
21372  prescribed by the Office of Early Learning Agency for Workforce
21373  Innovation; and
21374         (b) Deliver the Voluntary Prekindergarten Education Program
21375  in accordance with this part.
21376         Section 453. Subsections (1) and (3) of section 1002.67,
21377  Florida Statutes, are amended to read:
21378         1002.67 Performance standards; curricula and
21379  accountability.—
21380         (1) By April 1, 2005, The department shall develop and
21381  adopt performance standards for students in the Voluntary
21382  Prekindergarten Education Program. The performance standards
21383  must address the age-appropriate progress of students in the
21384  development of:
21385         (a) The capabilities, capacities, and skills required under
21386  s. 1(b), Art. IX of the State Constitution; and
21387         (b) Emergent literacy skills, including oral communication,
21388  knowledge of print and letters, phonemic and phonological
21389  awareness, and vocabulary and comprehension development.
21390         (3)(a) Each early learning coalition shall verify that each
21391  private prekindergarten provider delivering the Voluntary
21392  Prekindergarten Education Program within the coalition’s county
21393  or multicounty region complies with this part. Each district
21394  school board shall verify that each public school delivering the
21395  program within the school district complies with this part.
21396         (b) If a private prekindergarten provider or public school
21397  fails or refuses to comply with this part, or if a provider or
21398  school engages in misconduct, the Office of Early Learning
21399  Agency for Workforce Innovation shall require the early learning
21400  coalition to remove the provider, and the Department of
21401  Education shall require the school district to remove the
21402  school, from eligibility to deliver the Voluntary
21403  Prekindergarten Education Program and receive state funds under
21404  this part.
21405         (c)1. If the kindergarten readiness rate of a private
21406  prekindergarten provider or public school falls below the
21407  minimum rate adopted by the State Board of Education as
21408  satisfactory under s. 1002.69(6), the early learning coalition
21409  or school district, as applicable, shall require the provider or
21410  school to submit an improvement plan for approval by the
21411  coalition or school district, as applicable, and to implement
21412  the plan.
21413         2. If a private prekindergarten provider or public school
21414  fails to meet the minimum rate adopted by the State Board of
21415  Education as satisfactory under s. 1002.69(6) for 2 consecutive
21416  years, the early learning coalition or school district, as
21417  applicable, shall place the provider or school on probation and
21418  must require the provider or school to take certain corrective
21419  actions, including the use of a curriculum approved by the
21420  department under paragraph (2)(c) or a staff development plan to
21421  strengthen instruction in language development and phonological
21422  awareness approved by the department.
21423         3. A private prekindergarten provider or public school that
21424  is placed on probation must continue the corrective actions
21425  required under subparagraph 2., including the use of a
21426  curriculum or a staff development plan to strengthen instruction
21427  in language development and phonological awareness approved by
21428  the department, until the provider or school meets the minimum
21429  rate adopted by the State Board of Education as satisfactory
21430  under s. 1002.69(6).
21431         4. If a private prekindergarten provider or public school
21432  remains on probation for 2 consecutive years and fails to meet
21433  the minimum rate adopted by the State Board of Education as
21434  satisfactory under s. 1002.69(6) and is not granted a good cause
21435  exemption by the department pursuant to s. 1002.69(7), the
21436  Office of Early Learning Agency for Workforce Innovation shall
21437  require the early learning coalition or the Department of
21438  Education shall require the school district to remove, as
21439  applicable, the provider or school from eligibility to deliver
21440  the Voluntary Prekindergarten Education Program and receive
21441  state funds for the program.
21442         (d) Each early learning coalition, the Office of Early
21443  Learning Agency for Workforce Innovation, and the department
21444  shall coordinate with the Child Care Services Program Office of
21445  the Department of Children and Family Services to minimize
21446  interagency duplication of activities for monitoring private
21447  prekindergarten providers for compliance with requirements of
21448  the Voluntary Prekindergarten Education Program under this part,
21449  the school readiness programs under s. 411.01, and the licensing
21450  of providers under ss. 402.301-402.319.
21451         Section 454. Paragraph (f) of subsection (7) of section
21452  1002.69, Florida Statutes, is amended to read:
21453         1002.69 Statewide kindergarten screening; kindergarten
21454  readiness rates.—
21455         (7)
21456         (f) The State Board of Education shall notify the Office of
21457  Early Learning Agency for Workforce Innovation of any good cause
21458  exemption granted to a private prekindergarten provider under
21459  this subsection. If a good cause exemption is granted to a
21460  private prekindergarten provider who remains on probation for 2
21461  consecutive years, the Office of Early Learning Agency for
21462  Workforce Innovation shall notify the early learning coalition
21463  of the good cause exemption and direct that the coalition,
21464  notwithstanding s. 1002.67(3)(c)4., not remove the provider from
21465  eligibility to deliver the Voluntary Prekindergarten Education
21466  Program or to receive state funds for the program, if the
21467  provider meets all other applicable requirements of this part.
21468         Section 455. Paragraph (c) of subsection (3), subsection
21469  (4), paragraph (b) of subsection (5), and subsections (6) and
21470  (7) of section 1002.71, Florida Statutes, are amended to read:
21471         1002.71 Funding; financial and attendance reporting.—
21472         (3)
21473         (c) The initial allocation shall be based on estimated
21474  student enrollment in each coalition service area. The Office of
21475  Early Learning Agency for Workforce Innovation shall reallocate
21476  funds among the coalitions based on actual full-time equivalent
21477  student enrollment in each coalition service area.
21478         (4) Notwithstanding s. 1002.53(3) and subsection (2):
21479         (a) A child who, for any of the prekindergarten programs
21480  listed in s. 1002.53(3), has not completed more than 70 percent
21481  of the hours authorized to be reported for funding under
21482  subsection (2), or has not expended more than 70 percent of the
21483  funds authorized for the child under s. 1002.66, may withdraw
21484  from the program for good cause and reenroll in one of the
21485  programs. The total funding for a child who reenrolls in one of
21486  the programs for good cause may not exceed one full-time
21487  equivalent student. Funding for a child who withdraws and
21488  reenrolls in one of the programs for good cause shall be issued
21489  in accordance with the Office of Early Learning’s agency’s
21490  uniform attendance policy adopted pursuant to paragraph (6)(d).
21491         (b) A child who has not substantially completed any of the
21492  prekindergarten programs listed in s. 1002.53(3) may withdraw
21493  from the program due to an extreme hardship that is beyond the
21494  child’s or parent’s control, reenroll in one of the summer
21495  programs, and be reported for funding purposes as a full-time
21496  equivalent student in the summer program for which the child is
21497  reenrolled.
21498  
21499  A child may reenroll only once in a prekindergarten program
21500  under this section. A child who reenrolls in a prekindergarten
21501  program under this subsection may not subsequently withdraw from
21502  the program and reenroll. The Office of Early Learning Agency
21503  for Workforce Innovation shall establish criteria specifying
21504  whether a good cause exists for a child to withdraw from a
21505  program under paragraph (a), whether a child has substantially
21506  completed a program under paragraph (b), and whether an extreme
21507  hardship exists which is beyond the child’s or parent’s control
21508  under paragraph (b).
21509         (5)
21510         (b) The Office of Early Learning Agency for Workforce
21511  Innovation shall adopt procedures for the payment of private
21512  prekindergarten providers and public schools delivering the
21513  Voluntary Prekindergarten Education Program. The procedures
21514  shall provide for the advance payment of providers and schools
21515  based upon student enrollment in the program, the certification
21516  of student attendance, and the reconciliation of advance
21517  payments in accordance with the uniform attendance policy
21518  adopted under paragraph (6)(d). The procedures shall provide for
21519  the monthly distribution of funds by the Office of Early
21520  Learning Agency for Workforce Innovation to the early learning
21521  coalitions for payment by the coalitions to private
21522  prekindergarten providers and public schools. The department
21523  shall transfer to the Office of Early Learning Agency for
21524  Workforce Innovation at least once each quarter the funds
21525  available for payment to private prekindergarten providers and
21526  public schools in accordance with this paragraph from the funds
21527  appropriated for that purpose.
21528         (6)(a) Each parent enrolling his or her child in the
21529  Voluntary Prekindergarten Education Program must agree to comply
21530  with the attendance policy of the private prekindergarten
21531  provider or district school board, as applicable. Upon
21532  enrollment of the child, the private prekindergarten provider or
21533  public school, as applicable, must provide the child’s parent
21534  with a copy of the provider’s or school district’s attendance
21535  policy, as applicable.
21536         (b)1. Each private prekindergarten provider’s and district
21537  school board’s attendance policy must require the parent of each
21538  student in the Voluntary Prekindergarten Education Program to
21539  verify, each month, the student’s attendance on the prior
21540  month’s certified student attendance.
21541         2. The parent must submit the verification of the student’s
21542  attendance to the private prekindergarten provider or public
21543  school on forms prescribed by the Office of Early Learning
21544  Agency for Workforce Innovation. The forms must include, in
21545  addition to the verification of the student’s attendance, a
21546  certification, in substantially the following form, that the
21547  parent continues to choose the private prekindergarten provider
21548  or public school in accordance with s. 1002.53 and directs that
21549  payments for the program be made to the provider or school:
21550  
21551                VERIFICATION OF STUDENT’S ATTENDANCE               
21552                AND CERTIFICATION OF PARENTAL CHOICE               
21553  
21554  I, ...(Name of Parent)..., swear (or affirm) that my child,
21555  ...(Name of Student)..., attended the Voluntary Prekindergarten
21556  Education Program on the days listed above and certify that I
21557  continue to choose ...(Name of Provider or School)... to deliver
21558  the program for my child and direct that program funds be paid
21559  to the provider or school for my child.
21560  ...(Signature of Parent)...
21561  ...(Date)...
21562  
21563         3. The private prekindergarten provider or public school
21564  must keep each original signed form for at least 2 years. Each
21565  private prekindergarten provider must permit the early learning
21566  coalition, and each public school must permit the school
21567  district, to inspect the original signed forms during normal
21568  business hours. The Office of Early Learning Agency for
21569  Workforce Innovation shall adopt procedures for early learning
21570  coalitions and school districts to review the original signed
21571  forms against the certified student attendance. The review
21572  procedures shall provide for the use of selective inspection
21573  techniques, including, but not limited to, random sampling. Each
21574  early learning coalition and the school districts must comply
21575  with the review procedures.
21576         (c) A private prekindergarten provider or school district,
21577  as applicable, may dismiss a student who does not comply with
21578  the provider’s or district’s attendance policy. A student
21579  dismissed under this paragraph is not removed from the Voluntary
21580  Prekindergarten Education Program and may continue in the
21581  program through reenrollment with another private
21582  prekindergarten provider or public school. Notwithstanding s.
21583  1002.53(6)(b), a school district is not required to provide for
21584  the admission of a student dismissed under this paragraph.
21585         (d) The Office of Early Learning Agency for Workforce
21586  Innovation shall adopt, for funding purposes, a uniform
21587  attendance policy for the Voluntary Prekindergarten Education
21588  Program. The attendance policy must apply statewide and apply
21589  equally to all private prekindergarten providers and public
21590  schools. The attendance policy must include at least the
21591  following provisions:
21592         1. Beginning with the 2009-2010 fiscal year for school-year
21593  programs, A student’s attendance may be reported on a pro rata
21594  basis as a fractional part of a full-time equivalent student.
21595         2. At a maximum, 20 percent of the total payment made on
21596  behalf of a student to a private prekindergarten provider or a
21597  public school may be for hours a student is absent.
21598         3. A private prekindergarten provider or public school may
21599  not receive payment for absences that occur before a student’s
21600  first day of attendance or after a student’s last day of
21601  attendance.
21602  
21603  The uniform attendance policy shall be used only for funding
21604  purposes and does not prohibit a private prekindergarten
21605  provider or public school from adopting and enforcing its
21606  attendance policy under paragraphs (a) and (c).
21607         (7) The Office of Early Learning Agency for Workforce
21608  Innovation shall require that administrative expenditures be
21609  kept to the minimum necessary for efficient and effective
21610  administration of the Voluntary Prekindergarten Education
21611  Program. Administrative policies and procedures shall be
21612  revised, to the maximum extent practicable, to incorporate the
21613  use of automation and electronic submission of forms, including
21614  those required for child eligibility and enrollment, provider
21615  and class registration, and monthly certification of attendance
21616  for payment. A school district may use its automated daily
21617  attendance reporting system for the purpose of transmitting
21618  attendance records to the early learning coalition in a mutually
21619  agreed-upon format. In addition, actions shall be taken to
21620  reduce paperwork, eliminate the duplication of reports, and
21621  eliminate other duplicative activities. Beginning with the 2010
21622  2011 fiscal year, each early learning coalition may retain and
21623  expend no more than 4.5 percent of the funds paid by the
21624  coalition to private prekindergarten providers and public
21625  schools under paragraph (5)(b). Funds retained by an early
21626  learning coalition under this subsection may be used only for
21627  administering the Voluntary Prekindergarten Education Program
21628  and may not be used for the school readiness program or other
21629  programs.
21630         Section 456. Subsection (1) of section 1002.72, Florida
21631  Statutes, is amended to read:
21632         1002.72 Records of children in the Voluntary
21633  Prekindergarten Education Program.—
21634         (1)(a) The records of a child enrolled in the Voluntary
21635  Prekindergarten Education Program held by an early learning
21636  coalition, the Office of Early Learning Agency for Workforce
21637  Innovation, or a Voluntary Prekindergarten Education Program
21638  provider are confidential and exempt from s. 119.07(1) and s.
21639  24(a), Art. I of the State Constitution. For purposes of this
21640  section, such records include assessment data, health data,
21641  records of teacher observations, and personal identifying
21642  information of an enrolled child and his or her parent.
21643         (b) This exemption applies to the records of a child
21644  enrolled in the Voluntary Prekindergarten Education Program held
21645  by an early learning coalition, the Office of Early Learning
21646  Agency for Workforce Innovation, or a Voluntary Prekindergarten
21647  Education Program provider before, on, or after the effective
21648  date of this exemption.
21649         Section 457. Subsections (1) and (5) of section 1002.77,
21650  Florida Statutes, are amended to read:
21651         1002.77 Florida Early Learning Advisory Council.—
21652         (1) There is created the Florida Early Learning Advisory
21653  Council within the Office of Early Learning Agency for Workforce
21654  Innovation. The purpose of the advisory council is to submit
21655  recommendations to the department and the Agency for Workforce
21656  Innovation on the early learning policy of this state, including
21657  recommendations relating to administration of the Voluntary
21658  Prekindergarten Education Program under this part and the school
21659  readiness programs under s. 411.01.
21660         (5) The Office of Early Learning Agency for Workforce
21661  Innovation shall provide staff and administrative support for
21662  the advisory council.
21663         Section 458. Subsection (2) of section 1002.79, Florida
21664  Statutes, is amended to read:
21665         1002.79 Rulemaking authority.—
21666         (2) The Office of Early Learning Agency for Workforce
21667  Innovation shall adopt rules under ss. 120.536(1) and 120.54 to
21668  administer the provisions of this part conferring duties upon
21669  the agency.
21670         Section 459. Section 1002.75, Florida Statutes, is amended
21671  to read:
21672         1002.75 Office of Early Learning Agency for Workforce
21673  Innovation; powers and duties; operational requirements.—
21674         (1) The Office of Early Learning Agency for Workforce
21675  Innovation shall administer the operational requirements of the
21676  Voluntary Prekindergarten Education Program at the state level.
21677         (2) The Office of Early Learning Agency for Workforce
21678  Innovation shall adopt procedures governing the administration
21679  of the Voluntary Prekindergarten Education Program by the early
21680  learning coalitions and school districts for:
21681         (a) Enrolling children in and determining the eligibility
21682  of children for the Voluntary Prekindergarten Education Program
21683  under s. 1002.53.
21684         (b) Providing parents with profiles of private
21685  prekindergarten providers and public schools under s. 1002.53.
21686         (c) Registering private prekindergarten providers and
21687  public schools to deliver the program under ss. 1002.55,
21688  1002.61, and 1002.63.
21689         (d) Determining the eligibility of private prekindergarten
21690  providers to deliver the program under ss. 1002.55 and 1002.61.
21691         (e) Verifying the compliance of private prekindergarten
21692  providers and public schools and removing providers or schools
21693  from eligibility to deliver the program due to noncompliance or
21694  misconduct as provided in s. 1002.67.
21695         (f) Paying private prekindergarten providers and public
21696  schools under s. 1002.71.
21697         (g) Documenting and certifying student enrollment and
21698  student attendance under s. 1002.71.
21699         (h) Reconciling advance payments in accordance with the
21700  uniform attendance policy under s. 1002.71.
21701         (i) Reenrolling students dismissed by a private
21702  prekindergarten provider or public school for noncompliance with
21703  the provider’s or school district’s attendance policy under s.
21704  1002.71.
21705         (3) The Office of Early Learning Agency for Workforce
21706  Innovation shall adopt, in consultation with and subject to
21707  approval by the department, procedures governing the
21708  administration of the Voluntary Prekindergarten Education
21709  Program by the early learning coalitions and school districts
21710  for:
21711         (a) Approving improvement plans of private prekindergarten
21712  providers and public schools under s. 1002.67.
21713         (b) Placing private prekindergarten providers and public
21714  schools on probation and requiring corrective actions under s.
21715  1002.67.
21716         (c) Removing a private prekindergarten provider or public
21717  school from eligibility to deliver the program due to the
21718  provider’s or school’s remaining on probation beyond the time
21719  permitted under s. 1002.67.
21720         (d) Enrolling children in and determining the eligibility
21721  of children for the Voluntary Prekindergarten Education Program
21722  under s. 1002.66.
21723         (e) Paying specialized instructional services providers
21724  under s. 1002.66.
21725         (4) The Office of Early Learning Agency for Workforce
21726  Innovation shall also adopt procedures for the agency’s
21727  distribution of funds to early learning coalitions under s.
21728  1002.71.
21729         (5) Except as provided by law, the Office of Early Learning
21730  Agency for Workforce Innovation may not impose requirements on a
21731  private prekindergarten provider or public school that does not
21732  deliver the Voluntary Prekindergarten Education Program or
21733  receive state funds under this part.
21734         Section 460. Subsections (2) and (3), paragraph (c) of
21735  subsection (4), and subsection (5) of section 1003.491, Florida
21736  Statutes, are amended to read:
21737         1003.491 Florida Career and Professional Education Act.—The
21738  Florida Career and Professional Education Act is created to
21739  provide a statewide planning partnership between the business
21740  and education communities in order to attract, expand, and
21741  retain targeted, high-value industry and to sustain a strong,
21742  knowledge-based economy.
21743         (2) Beginning with the 2007-2008 school year, Each district
21744  school board shall develop, in collaboration with local
21745  workforce boards and postsecondary institutions approved to
21746  operate in the state, a strategic 5-year plan to address and
21747  meet local and regional workforce demands. If involvement of the
21748  local workforce board in the strategic plan development is not
21749  feasible, the local school board, with the approval of the
21750  Department of Economic Opportunity Agency for Workforce
21751  Innovation, shall collaborate with the most appropriate local
21752  business leadership board. Two or more school districts may
21753  collaborate in the development of the strategic plan and offer a
21754  career and professional academy as a joint venture. Such plans
21755  must describe in detail provisions for efficient transportation
21756  of students, maximum use of shared resources, and access to
21757  courses through the Florida Virtual School when appropriate.
21758  Each strategic plan shall be completed no later than June 30,
21759  2008, and shall include provisions to have in place at least one
21760  operational career and professional academy, pursuant to s.
21761  1003.492, no later than the beginning of the 2008-2009 school
21762  year.
21763         (3) The strategic 5-year plan developed jointly between the
21764  local school district, local workforce boards, and state
21765  approved postsecondary institutions shall be constructed and
21766  based on:
21767         (a) Research conducted to objectively determine local and
21768  regional workforce needs for the ensuing 5 years, using labor
21769  projections of the United States Department of Labor and the
21770  Department of Economic Opportunity Agency for Workforce
21771  Innovation;
21772         (b) Strategies to develop and implement career academies
21773  based on those careers determined to be in high demand;
21774         (c) Maximum use of private sector facilities and personnel;
21775         (d) Strategies that ensure instruction by industry
21776  certified faculty and standards and strategies to maintain
21777  current industry credentials and for recruiting and retaining
21778  faculty to meet those standards;
21779         (e) Alignment to requirements for middle school career
21780  exploration and high school redesign;
21781         (f) Provisions to ensure that courses offered through
21782  career and professional academies are academically rigorous,
21783  meet or exceed appropriate state-adopted subject area standards,
21784  result in attainment of industry certification, and, when
21785  appropriate, result in postsecondary credit;
21786         (g) Establishment of student eligibility criteria in career
21787  and professional academies which include opportunities for
21788  students who have been unsuccessful in traditional classrooms
21789  but who show aptitude to participate in academies. School boards
21790  shall address the analysis of eighth grade student achievement
21791  data to provide opportunities for students who may be deemed as
21792  potential dropouts to participate in career and professional
21793  academies;
21794         (h) Strategies to provide sufficient space within academies
21795  to meet workforce needs and to provide access to all interested
21796  and qualified students;
21797         (i) Strategies to engage Department of Juvenile Justice
21798  students in career and professional academy training that leads
21799  to industry certification;
21800         (j) Opportunities for high school students to earn weighted
21801  or dual enrollment credit for higher-level career and technical
21802  courses;
21803         (k) Promotion of the benefits of the Gold Seal Bright
21804  Futures Scholarship;
21805         (l) Strategies to ensure the review of district pupil
21806  progression plans and to amend such plans to include career and
21807  professional courses and to include courses that may qualify as
21808  substitute courses for core graduation requirements and those
21809  that may be counted as elective courses; and
21810         (m) Strategies to provide professional development for
21811  secondary guidance counselors on the benefits of career and
21812  professional academies.
21813         (4) The State Board of Education shall establish a process
21814  for the continual and uninterrupted review of newly proposed
21815  core secondary courses and existing courses requested to be
21816  considered as core courses to ensure that sufficient rigor and
21817  relevance is provided for workforce skills and postsecondary
21818  education and aligned to state curriculum standards. The review
21819  of newly proposed core secondary courses shall be the
21820  responsibility of a curriculum review committee whose membership
21821  is approved by the Workforce Florida Board as described in s.
21822  445.004, and shall include:
21823         (c) Three workforce representatives recommended by the
21824  Department of Economic Opportunity Agency for Workforce
21825  Innovation.
21826         (5) The submission and review of newly proposed core
21827  courses shall be conducted electronically, and each proposed
21828  core course shall be approved or denied within 60 days. All
21829  courses approved as core courses for high school graduation
21830  purposes shall be immediately added to the Course Code
21831  Directory. Approved core courses shall also be reviewed and
21832  considered for approval for dual enrollment credit. The Board of
21833  Governors and the Commissioner of Education shall jointly
21834  recommend an annual deadline for approval of new core courses to
21835  be included for purposes of postsecondary admissions and dual
21836  enrollment credit the following academic year. The State Board
21837  of Education shall establish an appeals process in the event
21838  that a proposed course is denied which shall require a consensus
21839  ruling by the Department of Economic Opportunity Agency for
21840  Workforce Innovation and the Commissioner of Education within 15
21841  days. The curriculum review committee must be established and
21842  operational no later than September 1, 2007.
21843         Section 461. Subsections (2) and (3) of section 1003.492,
21844  Florida Statutes, are amended to read:
21845         1003.492 Industry-certified career education programs.—
21846         (2) The State Board of Education shall use the expertise of
21847  Workforce Florida, Inc., and Enterprise Florida, Inc., to
21848  develop and adopt rules pursuant to ss. 120.536(1) and 120.54
21849  for implementing an industry certification process. Industry
21850  certification shall be defined by the Department of Economic
21851  Opportunity Agency for Workforce Innovation, based upon the
21852  highest available national standards for specific industry
21853  certification, to ensure student skill proficiency and to
21854  address emerging labor market and industry trends. A regional
21855  workforce board or a career and professional academy may apply
21856  to Workforce Florida, Inc., to request additions to the approved
21857  list of industry certifications based on high-demand job
21858  requirements in the regional economy. The list of industry
21859  certifications approved by Workforce Florida, Inc., and the
21860  Department of Education shall be published and updated annually
21861  by a date certain, to be included in the adopted rule.
21862         (3) The Department of Education shall collect student
21863  achievement and performance data in industry-certified career
21864  education programs and shall work with Workforce Florida, Inc.,
21865  and Enterprise Florida, Inc., in the analysis of collected data.
21866  The data collection and analyses shall examine the performance
21867  of participating students over time. Performance factors shall
21868  include, but not be limited to, graduation rates, retention
21869  rates, Florida Bright Futures Scholarship awards, additional
21870  educational attainment, employment records, earnings, industry
21871  certification, and employer satisfaction. The results of this
21872  study shall be submitted to the President of the Senate and the
21873  Speaker of the House of Representatives annually by December 31.
21874         Section 462. Paragraphs (f), (j), and (k) of subsection (4)
21875  of section 1003.493, Florida Statutes, is amended to read:
21876         1003.493 Career and professional academies.—
21877         (4) Each career and professional academy must:
21878         (f) Provide instruction in careers designated as high
21879  growth, high demand, and high pay by the local workforce
21880  development board, the chamber of commerce, or the Department of
21881  Economic Opportunity Agency for Workforce Innovation.
21882         (j) Provide opportunities for students to obtain the
21883  Florida Ready to Work Certification pursuant to s. 445.06 s.
21884  1004.99.
21885         (k) Include an evaluation plan developed jointly with the
21886  Department of Education and the local workforce board. The
21887  evaluation plan must include an assessment tool based on
21888  national industry standards, such as the Career Academy National
21889  Standards of Practice, and outcome measures, including, but not
21890  limited to, achievement of national industry certifications
21891  identified in the Industry Certification Funding List, pursuant
21892  to rules adopted by the State Board of Education, graduation
21893  rates, enrollment in postsecondary education, business and
21894  industry satisfaction, employment and earnings, awards of
21895  postsecondary credit and scholarships, and student achievement
21896  levels and learning gains on statewide assessments administered
21897  under s. 1008.22(3)(c). The Department of Education shall use
21898  Workforce Florida, Inc., and Enterprise Florida, Inc., in
21899  identifying industry experts to participate in developing and
21900  implementing such assessments.
21901         Section 463. Subsection (3) of section 1003.575, Florida
21902  Statutes, is amended to read:
21903         1003.575 Assistive technology devices; findings;
21904  interagency agreements.—Accessibility, utilization, and
21905  coordination of appropriate assistive technology devices and
21906  services are essential as a young person with disabilities moves
21907  from early intervention to preschool, from preschool to school,
21908  from one school to another, and from school to employment or
21909  independent living. To ensure that an assistive technology
21910  device issued to a young person as part of his or her
21911  individualized family support plan, individual support plan, or
21912  an individual education plan remains with the individual through
21913  such transitions, the following agencies shall enter into
21914  interagency agreements, as appropriate, to ensure the
21915  transaction of assistive technology devices:
21916         (3) The Voluntary Prekindergarten Education Program
21917  administered by the Department of Education and the Office of
21918  Early Learning Agency for Workforce Innovation.
21919  
21920  Interagency agreements entered into pursuant to this section
21921  shall provide a framework for ensuring that young persons with
21922  disabilities and their families, educators, and employers are
21923  informed about the utilization and coordination of assistive
21924  technology devices and services that may assist in meeting
21925  transition needs, and shall establish a mechanism by which a
21926  young person or his or her parent may request that an assistive
21927  technology device remain with the young person as he or she
21928  moves through the continuum from home to school to postschool.
21929         Section 464. Subsection (4) of section 1003.4285, Florida
21930  Statutes, is amended to read:
21931         1003.4285 Standard high school diploma designations.—Each
21932  standard high school diploma shall include, as applicable:
21933         (4) A designation reflecting a Florida Ready to Work
21934  Credential in accordance with s. 445.06 s. 1004.99.
21935         Section 465. Paragraph (c) of subsection (5) of section
21936  1004.226, Florida Statutes, is amended to read:
21937         1004.226 The 21st Century Technology, Research, and
21938  Scholarship Enhancement Act.—
21939         (5) THE 21ST CENTURY WORLD CLASS SCHOLARS PROGRAM.—
21940         (c) The board, in consultation with senior administrators
21941  of state universities, state university foundation directors,
21942  the Department of Economic Opportunity Office of Tourism, Trade,
21943  and Economic Development, the board of directors of Enterprise
21944  Florida, Inc., and leading members of private industry, shall
21945  develop and recommend to the Board of Governors criteria for the
21946  21st Century World Class Scholars Program. Such criteria shall
21947  address, at a minimum, the following:
21948         1. The presence of distinguished faculty members, including
21949  whether the university has a substantial history of external
21950  funding, along with the strong potential for attracting a
21951  scholar of national or international eminence.
21952         2. The presence of academically outstanding students, along
21953  with the promise and potential for attracting additional highly
21954  qualified students.
21955         3. The presence of adequate research and scholarly support
21956  services.
21957         4. The existence of an academic environment having
21958  appropriate infrastructure, including buildings, classrooms,
21959  libraries, laboratories, and specialized equipment, that is
21960  conducive to the conduct of the highest quality of scholarship
21961  and research.
21962         5. The demonstration of concordance with Florida’s
21963  strategic plan for economic development or an emphasis on one or
21964  more emerging sciences or technologies that could favorably
21965  impact the state’s economic future.
21966         Section 466. Paragraph (a) of subsection (4) of section
21967  1004.435, Florida Statutes, is amended to read:
21968         1004.435 Cancer control and research.—
21969         (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
21970  CREATION; COMPOSITION.—
21971         (a) There is created within the H. Lee Moffitt Cancer
21972  Center and Research Institute, Inc., the Florida Cancer Control
21973  and Research Advisory Council. The council shall consist of 34
21974  members, which includes the chairperson, all of whom must be
21975  residents of this state. All members, except those appointed by
21976  the Speaker of the House of Representatives and the President of
21977  the Senate, must be appointed by the Governor. At least one of
21978  the members appointed by the Governor must be 60 years of age or
21979  older. One member must be a representative of the American
21980  Cancer Society; one member must be a representative of the
21981  Florida Tumor Registrars Association; one member must be a
21982  representative of the Sylvester Comprehensive Cancer Center of
21983  the University of Miami; one member must be a representative of
21984  the Department of Health; one member must be a representative of
21985  the University of Florida Shands Cancer Center; one member must
21986  be a representative of the Agency for Health Care
21987  Administration; one member must be a representative of the
21988  Florida Nurses Association; one member must be a representative
21989  of the Florida Osteopathic Medical Association; one member must
21990  be a representative of the American College of Surgeons; one
21991  member must be a representative of the School of Medicine of the
21992  University of Miami; one member must be a representative of the
21993  College of Medicine of the University of Florida; one member
21994  must be a representative of NOVA Southeastern College of
21995  Osteopathic Medicine; one member must be a representative of the
21996  College of Medicine of the University of South Florida; one
21997  member must be a representative of the College of Public Health
21998  of the University of South Florida; one member must be a
21999  representative of the Florida Society of Clinical Oncology; one
22000  member must be a representative of the Florida Obstetric and
22001  Gynecologic Society who has had training in the specialty of
22002  gynecologic oncology; one member must be a representative of the
22003  Florida Medical Association; one member must be a member of the
22004  Florida Pediatric Society; one member must be a representative
22005  of the Florida Radiological Society; one member must be a
22006  representative of the Florida Society of Pathologists; one
22007  member must be a representative of the H. Lee Moffitt Cancer
22008  Center and Research Institute, Inc.; three members must be
22009  representatives of the general public acting as consumer
22010  advocates; one member must be a member of the House of
22011  Representatives appointed by the Speaker of the House of
22012  Representatives; one member must be a member of the Senate
22013  appointed by the President of the Senate; one member must be a
22014  representative of the Florida Dental Association; one member
22015  must be a representative of the Florida Hospital Association;
22016  one member must be a representative of the Association of
22017  Community Cancer Centers; one member shall be a representative
22018  from a statutory teaching hospital affiliated with a community
22019  based cancer center; one member must be a representative of the
22020  Florida Association of Pediatric Tumor Programs, Inc.; one
22021  member must be a representative of the Cancer Information
22022  Service; one member must be a representative of the Florida
22023  Agricultural and Mechanical University Institute of Public
22024  Health; and one member must be a representative of the Florida
22025  Society of Oncology Social Workers. Of the members of the
22026  council appointed by the Governor, at least 10 must be
22027  individuals who are minority persons as defined by s.
22028  288.703(3).
22029         Section 467. Paragraph (g) of subsection (1) of section
22030  1004.46, Florida Statutes, is amended to read:
22031         1004.46 Multidisciplinary Center for Affordable Housing.—
22032         (1) The Multidisciplinary Center for Affordable Housing is
22033  established within the School of Building Construction of the
22034  College of Architecture of the University of Florida with the
22035  collaboration of other related disciplines such as agriculture,
22036  business administration, engineering, law, and medicine. The
22037  center shall work in conjunction with other state universities.
22038  The Multidisciplinary Center for Affordable Housing shall:
22039         (g) Establish a research agenda and general work plan in
22040  cooperation with the Department of Economic Opportunity
22041  Community Affairs, which is the state agency responsible for
22042  research and planning for affordable housing and for training
22043  and technical assistance for providers of affordable housing.
22044         Section 468. Subsection (3) of section 1008.39, Florida
22045  Statutes, is amended to read:
22046         1008.39 Florida Education and Training Placement
22047  Information Program.—
22048         (3) The Florida Education and Training Placement
22049  Information Program must not make public any information that
22050  could identify an individual or the individual’s employer. The
22051  Department of Education must ensure that the purpose of
22052  obtaining placement information is to evaluate and improve
22053  public programs or to conduct research for the purpose of
22054  improving services to the individuals whose social security
22055  numbers are used to identify their placement. If an agreement
22056  assures that this purpose will be served and that privacy will
22057  be protected, the Department of Education shall have access to
22058  the unemployment insurance wage reports maintained by the
22059  Department of Economic Opportunity Agency for Workforce
22060  Innovation, the files of the Department of Children and Family
22061  Services that contain information about the distribution of
22062  public assistance, the files of the Department of Corrections
22063  that contain records of incarcerations, and the files of the
22064  Department of Business and Professional Regulation that contain
22065  the results of licensure examination.
22066         Section 469. Subsection (3) of section 1008.41, Florida
22067  Statutes, is amended to read:
22068         1008.41 Workforce education; management information
22069  system.—
22070         (3) Planning and evaluation of job-preparatory programs
22071  shall be based on standard sources of data and use standard
22072  occupational definitions and coding structures, including, but
22073  not limited to:
22074         (a) The Florida Occupational Information System;
22075         (b) The Florida Education and Training Placement
22076  Information Program;
22077         (c) The Department of Economic Opportunity Agency for
22078  Workforce Innovation;
22079         (d) The United States Department of Labor; and
22080         (e) Other sources of data developed using statistically
22081  valid procedures.
22082         Section 470. Subsections (2), (3), (4), (5), and (6) of
22083  section 1011.76, Florida Statutes, are amended to read:
22084         1011.76 Small School District Stabilization Program.—
22085         (2) In order to participate in this program, a school
22086  district must be located in a rural area of critical economic
22087  concern designated by the Executive Office of the Governor, and
22088  the district school board must submit a resolution to the
22089  Department of Economic Opportunity Office of Tourism, Trade, and
22090  Economic Development requesting participation in the program. A
22091  rural area of critical economic concern must be a rural
22092  community, or a region composed of such, that has been adversely
22093  affected by an extraordinary economic event or a natural
22094  disaster or that presents a unique economic development concern
22095  or opportunity of regional impact. The resolution must be
22096  accompanied with documentation of the economic conditions in the
22097  community, provide information indicating the negative impact of
22098  these conditions on the school district’s financial stability,
22099  and the school district must participate in a best financial
22100  management practices review to determine potential efficiencies
22101  that could be implemented to reduce program costs in the
22102  district.
22103         (3) The Department of Economic Opportunity Office of
22104  Tourism, Trade, and Economic Development, in consultation with
22105  the Department of Education, shall review the resolution and
22106  other information required by subsection (2) and determine
22107  whether the school district is eligible to participate in the
22108  program. Factors influencing the office’s determination of the
22109  Department of Economic Opportunity may include, but are not
22110  limited to, reductions in the county tax roll resulting from
22111  business closures or other causes, or a reduction in student
22112  enrollment due to business closures or impacts in the local
22113  economy.
22114         (4) Effective July 1, 2000, and thereafter, When the
22115  Department of Economic Opportunity Office of Tourism, Trade, and
22116  Economic Development authorizes a school district to participate
22117  in the program, the Legislature may give priority to that
22118  district for a best financial management practices review in the
22119  school district, subject to approval pursuant to s. 1008.35(7),
22120  to the extent that funding is provided annually for such purpose
22121  in the General Appropriations Act. The scope of the review shall
22122  be as set forth in s. 1008.35.
22123         (5) Effective July 1, 2000, and thereafter, The Department
22124  of Education may award the school district a stabilization grant
22125  intended to protect the district from continued financial
22126  reductions. The amount of the grant will be determined by the
22127  Department of Education and may be equivalent to the amount of
22128  the decline in revenues projected for the next fiscal year. In
22129  addition, the Department of Economic Opportunity Office of
22130  Tourism, Trade, and Economic Development may implement a rural
22131  economic development initiative to identify the economic factors
22132  that are negatively impacting the community and may consult with
22133  Enterprise Florida, Inc., in developing a plan to assist the
22134  county with its economic transition. The grant will be available
22135  to the school district for a period of up to 5 years to the
22136  extent that funding is provided for such purpose in the General
22137  Appropriations Act.
22138         (6) Based on the availability of funds, the Department of
22139  Economic Opportunity Office of Tourism, Trade, and Economic
22140  Development or the Department of Education may enter into
22141  contracts or issue grants necessary to implement the program.
22142         Section 471. Section 1012.2251, Florida Statutes, is
22143  amended to read:
22144         1012.2251 End-of-course examinations for Merit Award
22145  Program.—Beginning with the 2007-2008 school year, School
22146  districts that participate in the Merit Award Program under s.
22147  1012.225 must be able to administer end-of-course examinations
22148  based on the Sunshine State Standards in order to measure a
22149  student’s understanding and mastery of the entire course in all
22150  grade groupings and subjects for any year in which the districts
22151  participate in the program. The statewide standardized
22152  assessment, College Board Advanced Placement Examination,
22153  International Baccalaureate examination, Advanced International
22154  Certificate of Education examination, or examinations resulting
22155  in national or state industry certification recognized by the
22156  Department of Economic Opportunity Agency for Workforce
22157  Innovation satisfy the requirements of this section for the
22158  respective grade groupings and subjects assessed by these
22159  examinations and assessments.
22160         Section 472. Paragraph (a) of subsection (1) of section
22161  1013.37, Florida Statutes, is amended to read:
22162         1013.37 State uniform building code for public educational
22163  facilities construction.—
22164         (1) UNIFORM BUILDING CODE.—A uniform statewide building
22165  code for the planning and construction of public educational and
22166  ancillary plants by district school boards and community college
22167  district boards of trustees shall be adopted by the Florida
22168  Building Commission within the Florida Building Code, pursuant
22169  to s. 553.73. Included in this code must be flood plain
22170  management criteria in compliance with the rules and regulations
22171  in 44 C.F.R. parts 59 and 60, and subsequent revisions thereto
22172  which are adopted by the Federal Emergency Management Agency. It
22173  is also the responsibility of the department to develop, as a
22174  part of the uniform building code, standards relating to:
22175         (a) Prefabricated facilities or factory-built facilities
22176  that are designed to be portable, relocatable, demountable, or
22177  reconstructible; are used primarily as classrooms; and do not
22178  fall under the provisions of ss. 320.822-320.862. Such standards
22179  must permit boards to contract with the Department of Business
22180  and Professional Regulation Community Affairs for factory
22181  inspections by certified building code inspectors to certify
22182  conformance with applicable law and rules. The standards must
22183  comply with the requirements of s. 1013.20 for relocatable
22184  facilities intended for long-term use as classroom space, and
22185  the relocatable facilities shall be designed subject to missile
22186  impact criteria of s. 423(24)(d)(1) of the Florida Building Code
22187  when located in the windborne debris region.
22188  
22189  It is not a purpose of the Florida Building Code to inhibit the
22190  use of new materials or innovative techniques; nor may it
22191  specify or prohibit materials by brand names. The code must be
22192  flexible enough to cover all phases of construction so as to
22193  afford reasonable protection for the public safety, health, and
22194  general welfare. The department may secure the service of other
22195  state agencies or such other assistance as it finds desirable in
22196  recommending to the Florida Building Commission revisions to the
22197  code.
22198         Section 473. Subsections (1) and (2) of section 1013.372,
22199  Florida Statutes, are amended to read:
22200         1013.372 Education facilities as emergency shelters.—
22201         (1) The Department of Education shall, in consultation with
22202  boards and county and state emergency management offices,
22203  include within the standards to be developed under this
22204  subsection public shelter design criteria to be incorporated
22205  into the Florida Building Code. The new criteria must be
22206  designed to ensure that appropriate new educational facilities
22207  can serve as public shelters for emergency management purposes.
22208  A facility, or an appropriate area within a facility, for which
22209  a design contract is entered into after the effective date of
22210  the inclusion of the public shelter criteria in the code must be
22211  built in compliance with the amended code unless the facility or
22212  a part of it is exempted from using the new shelter criteria due
22213  to its location, size, or other characteristics by the
22214  applicable board with the concurrence of the applicable local
22215  emergency management agency or the Division of Emergency
22216  Management Department of Community Affairs. Any educational
22217  facility located or proposed to be located in an identified
22218  category 1, 2, or 3 evacuation zone is not subject to the
22219  requirements of this subsection. If the regional planning
22220  council region in which the county is located does not have a
22221  hurricane evacuation shelter deficit, as determined by the
22222  Division of Emergency Management Department of Community
22223  Affairs, educational facilities within the planning council
22224  region are not required to incorporate the public shelter
22225  criteria.
22226         (2) By January 31 of each even-numbered year, the Division
22227  of Emergency Management Department of Community Affairs shall
22228  prepare and submit a statewide emergency shelter plan to the
22229  Governor and the Cabinet for approval. The plan must identify
22230  the general location and square footage of existing shelters, by
22231  regional planning council region, and the general location and
22232  square footage of needed shelters, by regional planning council
22233  region, during the next 5 years. The plan must identify the
22234  types of public facilities that should be constructed to comply
22235  with emergency-shelter criteria and must recommend an
22236  appropriate and available source of funding for the additional
22237  cost of constructing emergency shelters within these public
22238  facilities. After the approval of the plan, a board may not be
22239  required to build more emergency-shelter space than identified
22240  as needed in the plan, and decisions pertaining to exemptions
22241  pursuant to subsection (1) must be guided by the plan.
22242         Section 474. Subsection (4) of section 1013.74, Florida
22243  Statutes, is amended to read:
22244         1013.74 University authorization for fixed capital outlay
22245  projects.—
22246         (4) The university board of trustees shall, in consultation
22247  with local and state emergency management agencies, assess
22248  existing facilities to identify the extent to which each campus
22249  has public hurricane evacuation shelter space. The board shall
22250  submit to the Governor and the Legislature by August 1 of each
22251  year a 5-year capital improvements program that identifies new
22252  or retrofitted facilities that will incorporate enhanced
22253  hurricane resistance standards and that can be used as public
22254  hurricane evacuation shelters. Enhanced hurricane resistance
22255  standards include fixed passive protection for window and door
22256  applications to provide mitigation protection, security
22257  protection with egress, and energy efficiencies that meet
22258  standards required in the 130-mile-per-hour wind zone areas. The
22259  board must also submit proposed facility retrofit projects to
22260  the Division of Emergency Management Department of Community
22261  Affairs for assessment and inclusion in the annual report
22262  prepared in accordance with s. 252.385(3). Until a regional
22263  planning council region in which a campus is located has
22264  sufficient public hurricane evacuation shelter space, any campus
22265  building for which a design contract is entered into subsequent
22266  to July 1, 2001, and which has been identified by the board,
22267  with the concurrence of the local emergency management agency or
22268  the Division of Emergency Management Department of Community
22269  Affairs, to be appropriate for use as a public hurricane
22270  evacuation shelter, must be constructed in accordance with
22271  public shelter standards.
22272         Section 475. Section 20.505, Florida Statutes, is
22273  transferred, renumbered as section 20.605, Florida Statutes, and
22274  amended to read:
22275         20.605 20.505 Administrative Trust Fund of the Department
22276  of Economic Opportunity Agency for Workforce Innovation.—
22277         (1) The Administrative Trust Fund is created within the
22278  Department of Economic Opportunity Agency for Workforce
22279  Innovation.
22280         (2) Funds shall be used for the purpose of supporting the
22281  administrative functions of the department agency as required by
22282  law, pursuant to legislative appropriation or an approved
22283  amendment to the department’s agency’s operating budget pursuant
22284  to the provisions of chapter 216.
22285         (3) Notwithstanding the provisions of s. 216.301 and
22286  pursuant to s. 216.351, any balance in the trust fund at the end
22287  of any fiscal year shall remain in the trust fund at the end of
22288  the year and shall be available for carrying out the purposes of
22289  the trust fund.
22290         Section 476. Section 1004.99, Florida Statutes, is
22291  transferred, renumbered as section 445.06, Florida Statutes, and
22292  amended to read:
22293         445.06 1004.99 Florida Ready to Work Certification
22294  Program.—
22295         (1) There is created the Florida Ready to Work
22296  Certification Program to enhance the workplace skills of
22297  Floridians Florida’s students to better prepare them for
22298  successful employment in specific occupations.
22299         (2) The Florida Ready to Work Certification Program may be
22300  conducted in public middle and high schools, community colleges,
22301  technical centers, one-stop career centers, vocational
22302  rehabilitation centers, and Department of Juvenile Justice
22303  educational facilities. The program may be made available to
22304  other entities that provide job training. The Department of
22305  Economic Opportunity, in coordination with the Department of
22306  Education, shall establish institutional readiness criteria for
22307  program implementation.
22308         (3) The Florida Ready to Work Certification Program shall
22309  be composed of:
22310         (a) A comprehensive identification of workplace skills for
22311  each occupation identified for inclusion in the program by the
22312  Department of Economic Opportunity Agency for Workforce
22313  Innovation and the Department of Education.
22314         (b) A preinstructional assessment that delineates an
22315  individual’s the student’s mastery level on the specific
22316  workplace skills identified for that occupation.
22317         (c) A targeted instructional program limited to those
22318  identified workplace skills in which the individual student is
22319  not proficient as measured by the preinstructional assessment.
22320  Instruction must utilize a web-based program and be customized
22321  to meet identified specific needs of local employers.
22322         (d) A Florida Ready to Work Credential and portfolio
22323  awarded to individuals students upon successful completion of
22324  the instruction. Each portfolio must delineate the skills
22325  demonstrated by the individuals student as evidence of the
22326  individual’s student’s preparation for employment.
22327         (4) A Florida Ready to Work Credential shall be awarded to
22328  an individual a student who successfully passes assessments in
22329  Reading for Information, Applied Mathematics, and Locating
22330  Information or any other assessments of comparable rigor. Each
22331  assessment shall be scored on a scale of 3 to 7. The level of
22332  the credential each individual student receives is based on the
22333  following:
22334         (a) A bronze-level credential requires a minimum score of 3
22335  or above on each of the assessments.
22336         (b) A silver-level credential requires a minimum score of 4
22337  or above on each of the assessments.
22338         (c) A gold-level credential requires a minimum score of 5
22339  or above on each of the assessments.
22340         (5) The Department of Economic Opportunity State Board of
22341  Education, in consultation with the Department of Education
22342  Agency for Workforce Innovation, may adopt rules pursuant to ss.
22343  120.536(1) and 120.54 to implement the provisions of this
22344  section.
22345         Section 477. Section 14.2015, Florida Statutes, is
22346  repealed.
22347         Section 478. Section 20.18, Florida Statutes, is repealed.
22348         Section 479. Section 20.50, Florida Statutes, is repealed.
22349         Section 480. Subsection (2) of section 23.22, Florida
22350  Statutes, is repealed.
22351         Section 481. Paragraph (6) of section 165.031, Florida
22352  Statutes, is repealed.
22353         Section 482. Section 165.093, Florida Statutes, is
22354  repealed.
22355         Section 483. Sections 216.235, 216.236, 216.237, and
22356  216.238, Florida Statutes, are repealed.
22357         Section 484. Section 287.115, Florida Statutes, is
22358  repealed.
22359         Section 485. Sections 288.1221, 288.1222, 288.1223,
22360  288.1224, 288.1227, and 288.1229, Florida Statutes, are
22361  repealed.
22362         Section 486. Section 288.7011, Florida Statutes, is
22363  repealed.
22364         Section 487. Sections 288.7065, 288.707, 288.708, 288.709,
22365  288.7091, and 288.712, Florida Statutes, are repealed.
22366         Section 488. Section 288.12295, Florida Statutes, is
22367  repealed.
22368         Section 489. Section 288.90151, Florida Statutes, is
22369  repealed.
22370         Section 490. Section 288.9415, Florida Statutes, is
22371  repealed.
22372         Section 491. Sections 409.944, 409.945, and 409.946,
22373  Florida Statutes, are repealed.
22374         Section 492. Section 943.402, Florida Statutes, is
22375  repealed.
22376         Section 493. Section 42 of chapter 2005-71, Laws of
22377  Florida, and Section 1 of chapter 2005-261, Laws of Florida, are
22378  repealed.
22379         Section 494. Section 252.363, Florida Statutes, is created
22380  to read:
22381         252.363Tolling and extension of permits and other
22382  authorizations.—
22383         (1)(a) The declaration of a state of emergency by the
22384  Governor tolls the period remaining to exercise the rights under
22385  a permit or other authorization for the duration of the
22386  emergency declaration. Further, the emergency declaration
22387  extends the period remaining to exercise the rights under a
22388  permit or other authorization for 6 months in addition to the
22389  tolled period. This paragraph applies to the following:
22390         1. The expiration of a development order issued by a local
22391  government.
22392         2. The expiration of a building permit.
22393         3. The expiration of a permit issued by the Department of
22394  Environmental Protection or a water management district pursuant
22395  to part IV of chapter 373.
22396         4. The buildout date of a development of regional impact,
22397  including any extension of a buildout date that was previously
22398  granted pursuant to s. 380.06(19)(c).
22399         (b) Within 90 days after the termination of the emergency
22400  declaration, the holder of the permit or other authorization
22401  shall notify the issuing authority of the intent to exercise the
22402  tolling and extension granted under paragraph (a). The notice
22403  must be in writing and identify the specific permit or other
22404  authorization qualifying for extension.
22405         (c) If the permit or other authorization for a phased
22406  construction project is extended, the commencement and
22407  completion dates for any required mitigation are extended such
22408  that the mitigation activities occur in the same timeframe
22409  relative to the phase as originally permitted.
22410         (d) This subsection does not apply to:
22411         1. A permit or other authorization for a building,
22412  improvement, or development located outside the geographic area
22413  for which the declaration of a state of emergency applies.
22414         2. A permit or other authorization under any programmatic
22415  or regional general permit issued by the Army Corps of
22416  Engineers.
22417         3. The holder of a permit or other authorization who is
22418  determined by the authorizing agency to be in significant
22419  noncompliance with the conditions of the permit or other
22420  authorization through the issuance of a warning letter or notice
22421  of violation, the initiation of formal enforcement, or an
22422  equivalent action.
22423         4. A permit or other authorization that is subject to a
22424  court order specifying an expiration date or buildout date that
22425  would be in conflict with the extensions granted in this
22426  section.
22427         (2) A permit or other authorization that is extended shall
22428  be governed by the laws, administrative rules, and ordinances in
22429  effect when the permit was issued, unless any party or the
22430  issuing authority demonstrates that operating under those laws,
22431  administrative rules, or ordinances will create an immediate
22432  threat to the public health or safety.
22433         (3) This section does not restrict a county or municipality
22434  from requiring property to be maintained and secured in a safe
22435  and sanitary condition in compliance with applicable laws,
22436  administrative rules, or ordinances.
22437         Section 495. Subsection (6) is added to section 253.02,
22438  Florida Statutes, to read:
22439         253.02 Board of trustees; powers and duties.—
22440         (6) The board of trustees shall report to the Legislature
22441  its recommendations as to whether any existing multistate
22442  compact for mutual aid should be modified or whether the state
22443  should enter into a new multistate compact to address the
22444  impacts of the Deepwater Horizon event or potentially similar
22445  future incidents. The report shall be submitted to the
22446  Legislature by February 1, 2012, and updated annually thereafter
22447  for 5 years.
22448         Section 496. Commission on Oil Spill Response
22449  Coordination.—
22450         (1) The Board of Trustees of the Internal Improvement Trust
22451  Fund shall appoint a commission consisting of a representative
22452  of the office of each board member, a representative of each
22453  state agency that directly and materially responded to the
22454  Deepwater Horizon disaster, and the chair of the board of county
22455  commissioners of each of the following counties: Bay County,
22456  Escambia County, Franklin County, Gulf County, Okaloosa County,
22457  Santa Rosa County, Walton County, and Wakulla County. The
22458  Governor shall select the chair of the commission from among the
22459  appointees.
22460         (2) The commission shall prepare a report for review and
22461  approval by the board of trustees which:
22462         (a) Identifies potential changes to state and federal law
22463  and regulations which will improve the oversight and monitoring
22464  of offshore drilling activities and increase response
22465  capabilities to offshore oil spills.
22466         (b) Identifies potential changes to state and federal law
22467  and regulations which will improve protections for public health
22468  and safety, occupational health and safety, and the environment
22469  and natural resources.
22470         (c) Evaluates the merits of the establishment of a federal
22471  Gulf-wide disaster relief fund.
22472         (d) Evaluates the need for a unified and uniform advocacy
22473  process for damage claims.
22474         (e) Evaluates the need for changes to interstate
22475  coordination agreements in order to reduce the potential for
22476  damage claims and lawsuits.
22477         (f) Addresses any other related issues as determined by the
22478  commission.
22479         (3) The board of trustees shall deliver the report to the
22480  Governor, the President of the Senate, the Speaker of the House
22481  of Representatives, the Secretary of Environmental Protection,
22482  and the executive director of the Department of Economic
22483  Opportunity by September 1, 2012.
22484         (4) This section expires September 30, 2012.
22485         Section 497. (1) For purposes of this section, the term
22486  “Disproportionally Affected County” means Bay County, Escambia
22487  County, Franklin County, Gulf County, Okaloosa County, Santa
22488  Rosa County, Walton County, or Wakulla County.
22489         (2) When the Department of Economic Opportunity determines
22490  it is in the best interest of the public for reasons of
22491  facilitating economic development, growth, or new employment
22492  opportunities within a Disproportionally Affected County, the
22493  department may between July 1, 2011, and June 30, 2014, waive
22494  any or all job or wage eligibility requirements under s.
22495  288.063, s. 288.065, s. 288.0655, s. 288.0657, s. 288.0659, s.
22496  288.107, s. 288.108, s. 288.1081, s. 288.1088, or s. 288.1089 up
22497  to the cumulative amount of $5 million of all state incentives
22498  received per project. Prior to granting such waiver, the
22499  executive director of the department shall file with the
22500  Governor a written statement of the conditions and circumstances
22501  constituting the reason for the waiver.
22502         (3) When the Department of Economic Opportunity determines
22503  it is in the best interest of the public for reasons of
22504  facilitating economic development, growth, or new employment
22505  opportunities within a Disproportionally Affected County, the
22506  department may between July 1, 2011, and June 30, 2014, waive
22507  any or all job or wage eligibility requirements under s.
22508  288.063, s. 288.065, s. 288.0655, s. 288.0657, s. 288.0659, s.
22509  288.107, s. 288.108, s. 288.1081, s. 288.1088, or s. 288.1089
22510  for cumulative amounts in excess of $5 million but less than $10
22511  million of all state incentives received per project. Prior to
22512  granting such waiver, the department shall file with the
22513  Governor, the President of the Senate, and the Speaker of the
22514  House of Representatives a written statement of the conditions
22515  and circumstances constituting the reason for the waiver, and
22516  requesting written concurrence within 5 business days to the
22517  Governor from the President of the Senate and the Speaker of the
22518  House of Representatives. Without such concurrence, the waiver
22519  shall not occur.
22520         (4) The Department of Economic Opportunity is not
22521  authorized under this paragraph to waive job and wage
22522  eligibility requirements under s. 288.063, s. 288.065, s.
22523  288.0655, s. 288.0657, s. 288.0659, s. 288.107, s. 288.108, s.
22524  288.1081, s. 288.1088, or s. 288.1089 for cumulative amounts $10
22525  million or more in state incentives received per project.
22526         Section 498. (1) For purposes of this section, the term
22527  “Disproportionally Affected County” means Bay County, Escambia
22528  County, Franklin County, Gulf County, Okaloosa County, Santa
22529  Rosa County, Walton County, or Wakulla County.
22530         (2) There is appropriated for the 2011-2012, 2012-2013, and
22531  2013-2014 fiscal years the sum of $10 million each year in
22532  recurring funds from the General Revenue Fund to the Department
22533  of Economic Opportunity. The Department of Economic Opportunity
22534  shall use these funds to execute a contract for $10 million
22535  annually, for a term not to exceed three years, with the Office
22536  of Economic Development and Engagement within the University of
22537  West Florida for the charitable purpose of developing and
22538  implementing an innovative economic development program for
22539  promoting research and development, commercialization of
22540  research, economic diversification, and job creation in a
22541  Disproportionally Affected County.
22542         (3) The contract between the Department of Economic
22543  Opportunity and the Office of Economic Development and
22544  Engagement within the University of West Florida shall, at a
22545  minimum, require the Office of Economic Development and
22546  Engagement to report quarterly to the Department of Economic
22547  Opportunity and to collaborate with educational entities,
22548  economic development organizations, local governments, and
22549  relevant state agencies to create a program framework and
22550  strategy, including specific criteria governing the expenditure
22551  of funds. The criteria for the expenditure of funds shall, at a
22552  minimum, require a funding preference for any Disproportionally
22553  Affected County and any municipality within a Disproportionally
22554  Affected County which provides for expedited permitting in order
22555  to promote research and development, commercialization of
22556  research, economic diversification, and job creation within
22557  their respective jurisdictions. The criteria for the expenditure
22558  of funds shall, at a minimum, also require a funding preference
22559  for any Disproportionally Affected County and any municipality
22560  within a Disproportionally Affected County which combines its
22561  permitting processes and expedites permitting in order to
22562  promote research and development, commercialization of research,
22563  economic diversification, and job creation within their
22564  respective jurisdictions.
22565         (4) The funds appropriated in this section shall be placed
22566  in reserve by the Executive Office of the Governor, and may be
22567  released as authorized by law or the Legislative Budget
22568  Commission.
22569         Section 499. (1) For purposes of this section, the term
22570  “Disproportionally Affected County” means Bay County, Escambia
22571  County, Franklin County, Gulf County, Okaloosa County, Santa
22572  Rosa County, Walton County, or Wakulla County.
22573         (2) Any funds received by the state from any governmental
22574  or private entity for damages caused by the Deepwater Horizon
22575  oil spill shall be deposited into the applicable state trust
22576  funds and expended pursuant to state law or as approved by the
22577  Legislative Budget Commission.
22578         (3) Seventy-five percent of such moneys may be used for:
22579         (a) Scientific research into the impact of the oil spill on
22580  fisheries and coastal wildlife and vegetation along any
22581  Disproportionally Affected County’s shoreline and the
22582  development of strategies to implement restoration measures
22583  suggested by such research;
22584         (b) Environmental restoration of coastal areas damaged by
22585  the oil spill in any Disproportionally Affected County;
22586         (c) Economic incentives directed to any Disproportionally
22587  Affected County; and
22588         (d) Initiatives to expand and diversify the economies of
22589  any Disproportionally Affected County.
22590         (4) The remaining 25 percent of such moneys may be used
22591  for:
22592         (a) Scientific research into the impact of the oil spill on
22593  fisheries and coastal wildlife and vegetation along any of the
22594  state’s shoreline that is not a Disproportionally Affected
22595  County’s shoreline, and the development of strategies to
22596  implement restoration measures suggested by such research;
22597         (b) Environmental restoration of coastal areas damaged by
22598  the oil spill in any county other than a Disproportionally
22599  Affected County;
22600         (c) Economic incentives directed to any county other than a
22601  Disproportionally Affected County; and
22602         (d) Initiatives to expand and diversify the economies of
22603  any county other than a Disproportionally Affected County.
22604         (5)(a) The Department of Environmental Protection is the
22605  lead agency for expending the funds designated for environmental
22606  restoration efforts.
22607         (b) The Department of Economic Opportunity is the lead
22608  agency for expending the funds designated for economic
22609  incentives and diversification efforts.
22610         Section 500. The powers, duties, functions, records,
22611  personnel, property, pending issues and existing contracts,
22612  administrative authority, administrative rules, and unexpended
22613  balances of appropriations, allocations, and other funds of the
22614  Florida Energy and Climate Commission within the Executive
22615  Office of the Governor are transferred by a type two transfer,
22616  as defined in s. 20.06(2), Florida Statutes, to the Department
22617  of Agriculture and Consumer Services.
22618         Section 501. Subsections (3), (4), (5), and (8) and
22619  paragraph (b) of subsection (6) of section 220.192, Florida
22620  Statutes, are amended to read:
22621         220.192 Renewable energy technologies investment tax
22622  credit.—
22623         (3) CORPORATE APPLICATION PROCESS.—Any corporation wishing
22624  to obtain tax credits available under this section must submit
22625  to the Department of Agriculture and Consumer Services Florida
22626  Energy and Climate Commission an application for tax credit that
22627  includes a complete description of all eligible costs for which
22628  the corporation is seeking a credit and a description of the
22629  total amount of credits sought. The Department of Agriculture
22630  and Consumer Services Florida Energy and Climate Commission
22631  shall make a determination on the eligibility of the applicant
22632  for the credits sought and certify the determination to the
22633  applicant and the Department of Revenue. The corporation must
22634  attach the Department of Agriculture and Consumer Services’
22635  Florida Energy and Climate Commission’s certification to the tax
22636  return on which the credit is claimed. The Department of
22637  Agriculture and Consumer Services is Florida Energy and Climate
22638  Commission shall be responsible for ensuring that the corporate
22639  income tax credits granted in each fiscal year do not exceed the
22640  limits provided for in this section. The Department of
22641  Agriculture and Consumer Services may Florida Energy and Climate
22642  Commission is authorized to adopt the necessary rules,
22643  guidelines, and forms application materials for the application
22644  process.
22645         (4) TAXPAYER APPLICATION PROCESS.—To claim a credit under
22646  this section, each taxpayer must apply to the Department of
22647  Agriculture and Consumer Services Florida Energy and Climate
22648  Commission for an allocation of each type of annual credit by
22649  the date established by the Department of Agriculture and
22650  Consumer Services Florida Energy and Climate Commission. The
22651  application form adopted may be established by the Department of
22652  Agriculture and Consumer Services Florida Energy and Climate
22653  Commission. The form must include an affidavit from each
22654  taxpayer certifying that all information contained in the
22655  application, including all records of eligible costs claimed as
22656  the basis for the tax credit, are true and correct. Approval of
22657  the credits under this section is shall be accomplished on a
22658  first-come, first-served basis, based upon the date complete
22659  applications are received by the Department of Agriculture and
22660  Consumer Services Florida Energy and Climate Commission. A
22661  taxpayer must shall submit only one complete application based
22662  upon eligible costs incurred within a particular state fiscal
22663  year. Incomplete placeholder applications will not be accepted
22664  and will not secure a place in the first-come, first-served
22665  application line. If a taxpayer does not receive a tax credit
22666  allocation due to the exhaustion of the annual tax credit
22667  authorizations, then such taxpayer may reapply in the following
22668  year for those eligible costs and will have priority over other
22669  applicants for the allocation of credits.
22670         (5) ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF CREDITS.—
22671         (a) In addition to its existing audit and investigation
22672  authority, the Department of Revenue may perform any additional
22673  financial and technical audits and investigations, including
22674  examining the accounts, books, and records of the tax credit
22675  applicant, which are necessary to verify the eligible costs
22676  included in the tax credit return and to ensure compliance with
22677  this section. The Department of Agriculture and Consumer
22678  Services Florida Energy and Climate Commission shall provide
22679  technical assistance when requested by the Department of Revenue
22680  on any technical audits or examinations performed pursuant to
22681  this section.
22682         (b) It is grounds for forfeiture of previously claimed and
22683  received tax credits if the Department of Revenue determines, as
22684  a result of an audit or examination or from information received
22685  from the Department of Agriculture and Consumer Services Florida
22686  Energy and Climate Commission, that a taxpayer received tax
22687  credits pursuant to this section to which the taxpayer was not
22688  entitled. The taxpayer is responsible for returning forfeited
22689  tax credits to the Department of Revenue, and such funds shall
22690  be paid into the General Revenue Fund of the state.
22691         (c) The Department of Agriculture and Consumer Services
22692  Florida Energy and Climate Commission may revoke or modify any
22693  written decision granting eligibility for tax credits under this
22694  section if it is discovered that the tax credit applicant
22695  submitted any false statement, representation, or certification
22696  in any application, record, report, plan, or other document
22697  filed in an attempt to receive tax credits under this section.
22698  The Department of Agriculture and Consumer Services Florida
22699  Energy and Climate Commission shall immediately notify the
22700  Department of Revenue of any revoked or modified orders
22701  affecting previously granted tax credits. Additionally, the
22702  taxpayer must notify the Department of Revenue of any change in
22703  its tax credit claimed.
22704         (d) The taxpayer shall file with the Department of Revenue
22705  an amended return or such other report as the Department of
22706  Revenue prescribes by rule and shall pay any required tax and
22707  interest within 60 days after the taxpayer receives notification
22708  from the Department of Agriculture and Consumer Services Florida
22709  Energy and Climate Commission that previously approved tax
22710  credits have been revoked or modified. If the revocation or
22711  modification order is contested, the taxpayer shall file an
22712  amended return or other report as provided in this paragraph
22713  within 60 days after a final order is issued after proceedings.
22714         (e) A notice of deficiency may be issued by the Department
22715  of Revenue at any time within 3 years after the taxpayer
22716  receives formal notification from the Department of Agriculture
22717  and Consumer Services Florida Energy and Climate Commission that
22718  previously approved tax credits have been revoked or modified.
22719  If a taxpayer fails to notify the Department of Revenue of any
22720  changes to its tax credit claimed, a notice of deficiency may be
22721  issued at any time.
22722         (6) TRANSFERABILITY OF CREDIT.—
22723         (b) To perfect the transfer, the transferor shall provide
22724  the Department of Revenue with a written transfer statement
22725  notifying the Department of Revenue of the transferor’s intent
22726  to transfer the tax credits to the transferee; the date the
22727  transfer is effective; the transferee’s name, address, and
22728  federal taxpayer identification number; the tax period; and the
22729  amount of tax credits to be transferred. The Department of
22730  Revenue shall, upon receipt of a transfer statement conforming
22731  to the requirements of this section, provide the transferee with
22732  a certificate reflecting the tax credit amounts transferred. A
22733  copy of the certificate must be attached to each tax return for
22734  which the transferee seeks to apply such tax credits.
22735         (8) PUBLICATION.—The Department of Agriculture and Consumer
22736  Services Florida Energy and Climate Commission shall determine
22737  and publish on a regular basis the amount of available tax
22738  credits remaining in each fiscal year.
22739         Section 502. Subsection (9) of section 288.9607, Florida
22740  Statutes, is amended to read:
22741         288.9607 Guaranty of bond issues.—
22742         (9) The membership of the corporation is authorized and
22743  directed to conduct such investigation as it may deem necessary
22744  for promulgation of regulations to govern the operation of the
22745  guaranty program authorized by this section. The regulations may
22746  include such other additional provisions, restrictions, and
22747  conditions as the corporation, after its investigation referred
22748  to in this subsection, shall determine to be proper to achieve
22749  the most effective utilization of the guaranty program. This may
22750  include, without limitation, a detailing of the remedies that
22751  must be exhausted by bondholders, a trustee acting on their
22752  behalf, or other credit provided before calling upon the
22753  corporation to perform under its guaranty agreement and the
22754  subrogation of other rights of the corporation with reference to
22755  the capital project and its operation or the financing in the
22756  event the corporation makes payment pursuant to the applicable
22757  guaranty agreement. The regulations promulgated by the
22758  corporation to govern the operation of the guaranty program may
22759  contain specific provisions with respect to the rights of the
22760  corporation to enter, take over, and manage all financed
22761  properties upon default. These regulations shall be submitted by
22762  the corporation to the Department of Agriculture and Consumer
22763  Services Florida Energy and Climate Commission for approval.
22764         Section 503. Subsection (5) of section 366.82, Florida
22765  Statutes, is amended to read:
22766         366.82 Definition; goals; plans; programs; annual reports;
22767  energy audits.—
22768         (5) The Department of Agriculture and Consumer Services
22769  Florida Energy and Climate Commission shall be a party in the
22770  proceedings to adopt goals and shall file with the commission
22771  comments on the proposed goals, including, but not limited to:
22772         (a) An evaluation of utility load forecasts, including an
22773  assessment of alternative supply-side and demand-side resource
22774  options.
22775         (b) An analysis of various policy options that can be
22776  implemented to achieve a least-cost strategy, including
22777  nonutility programs targeted at reducing and controlling the per
22778  capita use of electricity in the state.
22779         (c) An analysis of the impact of state and local building
22780  codes and appliance efficiency standards on the need for
22781  utility-sponsored conservation and energy efficiency measures
22782  and programs.
22783         Section 504. Subsection (3) of section 366.92, Florida
22784  Statutes, is amended to read:
22785         366.92 Florida renewable energy policy.—
22786         (3) The commission shall adopt rules for a renewable
22787  portfolio standard requiring each provider to supply renewable
22788  energy to its customers directly, by procuring, or through
22789  renewable energy credits. In developing the RPS rule, the
22790  commission shall consult the Department of Environmental
22791  Protection and the Department of Agriculture and Consumer
22792  Services Florida Energy and Climate Commission. The rule shall
22793  not be implemented until ratified by the Legislature. The
22794  commission shall present a draft rule for legislative
22795  consideration by February 1, 2009.
22796         (a) In developing the rule, the commission shall evaluate
22797  the current and forecasted levelized cost in cents per kilowatt
22798  hour through 2020 and current and forecasted installed capacity
22799  in kilowatts for each renewable energy generation method through
22800  2020.
22801         (b) The commission’s rule:
22802         1. Shall include methods of managing the cost of compliance
22803  with the renewable portfolio standard, whether through direct
22804  supply or procurement of renewable power or through the purchase
22805  of renewable energy credits. The commission shall have
22806  rulemaking authority for providing annual cost recovery and
22807  incentive-based adjustments to authorized rates of return on
22808  common equity to providers to incentivize renewable energy.
22809  Notwithstanding s. 366.91(3) and (4), upon the ratification of
22810  the rules developed pursuant to this subsection, the commission
22811  may approve projects and power sales agreements with renewable
22812  power producers and the sale of renewable energy credits needed
22813  to comply with the renewable portfolio standard. In the event of
22814  any conflict, this subparagraph shall supersede s. 366.91(3) and
22815  (4). However, nothing in this section shall alter the obligation
22816  of each public utility to continuously offer a purchase contract
22817  to producers of renewable energy.
22818         2. Shall provide for appropriate compliance measures and
22819  the conditions under which noncompliance shall be excused due to
22820  a determination by the commission that the supply of renewable
22821  energy or renewable energy credits was not adequate to satisfy
22822  the demand for such energy or that the cost of securing
22823  renewable energy or renewable energy credits was cost
22824  prohibitive.
22825         3. May provide added weight to energy provided by wind and
22826  solar photovoltaic over other forms of renewable energy, whether
22827  directly supplied or procured or indirectly obtained through the
22828  purchase of renewable energy credits.
22829         4. Shall determine an appropriate period of time for which
22830  renewable energy credits may be used for purposes of compliance
22831  with the renewable portfolio standard.
22832         5. Shall provide for monitoring of compliance with and
22833  enforcement of the requirements of this section.
22834         6. Shall ensure that energy credited toward compliance with
22835  the requirements of this section is not credited toward any
22836  other purpose.
22837         7. Shall include procedures to track and account for
22838  renewable energy credits, including ownership of renewable
22839  energy credits that are derived from a customer-owned renewable
22840  energy facility as a result of any action by a customer of an
22841  electric power supplier that is independent of a program
22842  sponsored by the electric power supplier.
22843         8. Shall provide for the conditions and options for the
22844  repeal or alteration of the rule in the event that new
22845  provisions of federal law supplant or conflict with the rule.
22846         (c) Beginning on April 1 of the year following final
22847  adoption of the commission’s renewable portfolio standard rule,
22848  each provider shall submit a report to the commission describing
22849  the steps that have been taken in the previous year and the
22850  steps that will be taken in the future to add renewable energy
22851  to the provider’s energy supply portfolio. The report shall
22852  state whether the provider was in compliance with the renewable
22853  portfolio standard during the previous year and how it will
22854  comply with the renewable portfolio standard in the upcoming
22855  year.
22856         Section 505. Section 377.6015, Florida Statutes, is amended
22857  to read:
22858         377.6015 Department of Agriculture and Consumer Services;
22859  powers and duties Florida Energy and Climate Commission.—
22860         (1) The Florida Energy and Climate Commission is created
22861  within the Executive Office of the Governor. The commission
22862  shall be comprised of nine members appointed by the Governor,
22863  the Commissioner of Agriculture, and the Chief Financial
22864  Officer.
22865         (a) The Governor shall appoint one member from three
22866  persons nominated by the Florida Public Service Commission
22867  Nominating Council, created in s. 350.031, to each of seven
22868  seats on the commission. The Commissioner of Agriculture shall
22869  appoint one member from three persons nominated by the council
22870  to one seat on the commission. The Chief Financial Officer shall
22871  appoint one member from three persons nominated by the council
22872  to one seat on the commission.
22873         1. The council shall submit the recommendations to the
22874  Governor, the Commissioner of Agriculture, and the Chief
22875  Financial Officer by September 1 of those years in which the
22876  terms are to begin the following October or within 60 days after
22877  a vacancy occurs for any reason other than the expiration of the
22878  term. The Governor, the Commissioner of Agriculture, and the
22879  Chief Financial Officer may proffer names of persons to be
22880  considered for nomination by the council.
22881         2. The Governor, the Commissioner of Agriculture, and the
22882  Chief Financial Officer shall fill a vacancy occurring on the
22883  commission by appointment of one of the applicants nominated by
22884  the council only after a background investigation of such
22885  applicant has been conducted by the Department of Law
22886  Enforcement.
22887         3. Members shall be appointed to 3-year terms; however, in
22888  order to establish staggered terms, for the initial
22889  appointments, the Governor shall appoint four members to 3-year
22890  terms, two members to 2-year terms, and one member to a 1-year
22891  term, and the Commissioner of Agriculture and the Chief
22892  Financial Officer shall each appoint one member to a 3-year term
22893  and shall appoint a successor when that appointee’s term expires
22894  in the same manner as the original appointment.
22895         4. The Governor shall select from the membership of the
22896  commission one person to serve as chair.
22897         5. A vacancy on the commission shall be filled for the
22898  unexpired portion of the term in the same manner as the original
22899  appointment.
22900         6. If the Governor, the Commissioner of Agriculture, or the
22901  Chief Financial Officer has not made an appointment within 30
22902  consecutive calendar days after the receipt of the
22903  recommendations, the council shall initiate, in accordance with
22904  this section, the nominating process within 30 days.
22905         7. Each appointment to the commission shall be subject to
22906  confirmation by the Senate during the next regular session after
22907  the vacancy occurs. If the Senate refuses to confirm or fails to
22908  consider the appointment of the Governor, the Commissioner of
22909  Agriculture, or the Chief Financial Officer, the council shall
22910  initiate, in accordance with this section, the nominating
22911  process within 30 days.
22912         8. The Governor or the Governor’s successor may recall an
22913  appointee.
22914         9. Notwithstanding subparagraph 7. and for the initial
22915  appointments to the commission only, each initial appointment to
22916  the commission is subject to confirmation by the Senate by the
22917  2010 Regular Session. If the Senate refuses to confirm or fails
22918  to consider an appointment made by the Governor, the
22919  Commissioner of Agriculture, or the Chief Financial Officer, the
22920  council shall initiate, in accordance with this section, the
22921  nominating process within 30 days after the Senate’s refusal to
22922  confirm or failure to consider such appointment. This
22923  subparagraph expires July 1, 2010.
22924         (b) Members must meet the following qualifications and
22925  restrictions:
22926         1. A member must be an expert in one or more of the
22927  following fields: energy, natural resource conservation,
22928  economics, engineering, finance, law, transportation and land
22929  use, consumer protection, state energy policy, or another field
22930  substantially related to the duties and functions of the
22931  commission. The commission shall fairly represent the fields
22932  specified in this subparagraph.
22933         2. Each member shall, at the time of appointment and at
22934  each commission meeting during his or her term of office,
22935  disclose:
22936         a. Whether he or she has any financial interest, other than
22937  ownership of shares in a mutual fund, in any business entity
22938  that, directly or indirectly, owns or controls, or is an
22939  affiliate or subsidiary of, any business entity that may be
22940  affected by the policy recommendations developed by the
22941  commission.
22942         b. Whether he or she is employed by or is engaged in any
22943  business activity with any business entity that, directly or
22944  indirectly, owns or controls, or is an affiliate or subsidiary
22945  of, any business entity that may be affected by the policy
22946  recommendations developed by the commission.
22947         (c) The chair may designate the following ex officio,
22948  nonvoting members to provide information and advice to the
22949  commission at the request of the chair:
22950         1. The chair of the Florida Public Service Commission, or
22951  his or her designee.
22952         2. The Public Counsel, or his or her designee.
22953         3. A representative of the Department of Agriculture and
22954  Consumer Services.
22955         4. A representative of the Department of Financial
22956  Services.
22957         5. A representative of the Department of Environmental
22958  Protection.
22959         6. A representative of the Department of Community Affairs.
22960         7. A representative of the Board of Governors of the State
22961  University System.
22962         8. A representative of the Department of Transportation.
22963         (2) Members shall serve without compensation but are
22964  entitled to reimbursement for per diem and travel expenses as
22965  provided in s. 112.061.
22966         (3) Meetings of the commission may be held in various
22967  locations around the state and at the call of the chair;
22968  however, the commission must meet at least six times each year.
22969         (1)(4) The department commission may:
22970         (a) Employ staff and counsel as needed in the performance
22971  of its duties.
22972         (b) Prosecute and defend legal actions in its own name.
22973         (c) Form advisory groups consisting of members of the
22974  public to provide information on specific issues.
22975         (2)(5) The department commission shall:
22976         (a) Administer the Florida Renewable Energy and Energy
22977  Efficient Technologies Grants Program pursuant to s. 377.804 to
22978  assure a robust grant portfolio.
22979         (b) Develop policy for requiring grantees to provide
22980  royalty-sharing or licensing agreements with state government
22981  for commercialized products developed under a state grant.
22982         (c) Administer the Florida Green Government Grants Act
22983  pursuant to s. 377.808 and set annual priorities for grants.
22984         (d) Administer the information gathering and reporting
22985  functions pursuant to ss. 377.601-377.608.
22986         (e) Administer petroleum planning and emergency contingency
22987  planning pursuant to ss. 377.701, 377.703, and 377.704.
22988         (e)(f) Represent Florida in the Southern States Energy
22989  Compact pursuant to ss. 377.71-377.712.
22990         (g) Complete the annual assessment of the efficacy of
22991  Florida’s Energy and Climate Change Action Plan, upon completion
22992  by the Governor’s Action Team on Energy and Climate Change
22993  pursuant to the Governor’s Executive Order 2007-128, and provide
22994  specific recommendations to the Governor and the Legislature
22995  each year to improve results.
22996         (f)(h) Administer the provisions of the Florida Energy and
22997  Climate Protection Act pursuant to ss. 377.801-377.807 377.801
22998  377.806.
22999         (g)(i) Advocate for energy and climate change issues and
23000  provide educational outreach and technical assistance in
23001  cooperation with the state’s academic institutions.
23002         (h)(j) Be a party in the proceedings to adopt goals and
23003  submit comments to the Public Service Commission pursuant to s.
23004  366.82.
23005         (i)(k) Adopt rules pursuant to chapter 120 in order to
23006  implement all powers and duties described in this section.
23007         Section 506. Subsection (1) and paragraphs (a) and (b) of
23008  subsection (2) of section 377.602, Florida Statutes, are amended
23009  to read:
23010         377.602 Definitions.—As used in ss. 377.601-377.608:
23011         (1) “Department” “Commission” means the Department of
23012  Agriculture and Consumer Services Florida Energy and Climate
23013  Commission.
23014         (2) “Energy resources” includes, but shall not be limited
23015  to:
23016         (a) Energy converted from solar radiation, wind, hydraulic
23017  potential, tidal movements, biomass, geothermal sources, and
23018  other energy resources the department commission determines to
23019  be important to the production or supply of energy.
23020         (b) Propane, butane, motor gasoline, kerosene, home heating
23021  oil, diesel fuel, other middle distillates, aviation gasoline,
23022  kerosene-type jet fuel, naphtha-type jet fuel, residual fuels,
23023  crude oil, and other petroleum products and hydrocarbons as may
23024  be determined by the department commission to be of importance.
23025         Section 507. Section 377.603, Florida Statutes, is amended
23026  to read:
23027         377.603 Energy data collection; powers and duties of the
23028  department commission.—
23029         (1) The department commission may collect data on the
23030  extraction, production, importation, exportation, refinement,
23031  transportation, transmission, conversion, storage, sale, or
23032  reserves of energy resources in this state in an efficient and
23033  expeditious manner.
23034         (2) The department commission may prepare periodic reports
23035  of energy data it collects.
23036         (3) The department commission may adopt and promulgate such
23037  rules and regulations as are necessary to carry out the
23038  provisions of ss. 377.601-377.608. Such rules shall be pursuant
23039  to chapter 120.
23040         (4) The department commission shall maintain internal
23041  validation procedures to assure the accuracy of information
23042  received.
23043         Section 508. Section 377.604, Florida Statutes, is amended
23044  to read:
23045         377.604 Required reports.—Every person who produces,
23046  imports, exports, refines, transports, transmits, converts,
23047  stores, sells, or holds known reserves of any form of energy
23048  resources used as fuel shall report to the department
23049  commission, at the request of and in a manner prescribed by the
23050  department commission, on forms provided by the department
23051  commission. Such forms shall be designed in such a manner as to
23052  indicate:
23053         (1) The identity of the person or persons making the
23054  report.
23055         (2) The quantity of energy resources extracted, produced,
23056  imported, exported, refined, transported, transmitted,
23057  converted, stored, or sold except at retail.
23058         (3) The quantity of energy resources known to be held in
23059  reserve in the state.
23060         (4) The identity of each refinery from which petroleum
23061  products have normally been obtained and the type and quantity
23062  of products secured from that refinery for sale or resale in
23063  this state.
23064         (5) Any other information which the department commission
23065  deems proper pursuant to the intent of ss. 377.601-377.608.
23066         Section 509. Section 377.605, Florida Statutes, is amended
23067  to read:
23068         377.605 Use of existing information.—The department
23069  commission may utilize to the fullest extent possible any
23070  existing energy information already prepared for state or
23071  federal agencies. Every state, county, and municipal agency
23072  shall cooperate with the department commission and shall submit
23073  any information on energy to the department commission upon
23074  request.
23075         Section 510. Section 377.606, Florida Statutes, is amended
23076  to read:
23077         377.606 Records of the department commission; limits of
23078  confidentiality.—The information or records of individual
23079  persons, as defined in this section, obtained by the department
23080  commission as a result of a report, investigation, or
23081  verification required by the department commission shall be open
23082  to the public, except such information the disclosure of which
23083  would be likely to cause substantial harm to the competitive
23084  position of the person providing such information and which is
23085  requested to be held confidential by the person providing such
23086  information. Such proprietary information is confidential and
23087  exempt from the provisions of s. 119.07(1). Information reported
23088  by entities other than the department commission in documents or
23089  reports open to public inspection shall under no circumstances
23090  be classified as confidential by the department commission.
23091  Divulgence of proprietary information as is requested to be held
23092  confidential, except upon order of a court of competent
23093  jurisdiction or except to an officer of the state entitled to
23094  receive the same in his or her official capacity, shall be a
23095  misdemeanor of the second degree, punishable as provided in ss.
23096  775.082 and 775.083. Nothing in This section does not shall be
23097  construed to prohibit the publication or divulgence by other
23098  means of data so classified as to prevent identification of
23099  particular accounts or reports made to the department commission
23100  in compliance with s. 377.603 or to prohibit the disclosure of
23101  such information to properly qualified legislative committees.
23102  The department commission shall establish a system which permits
23103  reasonable access to information developed.
23104         Section 511. Section 377.608, Florida Statutes, is amended
23105  to read:
23106         377.608 Prosecution of cases by state attorney.—The state
23107  attorney shall prosecute all cases certified to him or her for
23108  prosecution by the department commission immediately upon
23109  receipt of the evidence transmitted by the department
23110  commission, or as soon thereafter as practicable.
23111         Section 512. Subsections (1), (2), and (3) of section
23112  377.701, Florida Statutes, are amended to read:
23113         377.701 Petroleum allocation.—
23114         (1) The Division of Emergency Management Florida Energy and
23115  Climate Commission shall assume the state’s role in petroleum
23116  allocation and conservation, including the development of a fair
23117  and equitable petroleum plan. The Division of Emergency
23118  Management commission shall constitute the responsible state
23119  agency for performing the functions of any federal program
23120  delegated to the state, which relates to petroleum supply,
23121  demand, and allocation.
23122         (2) The Division of Emergency Management commission shall,
23123  in addition to assuming the duties and responsibilities provided
23124  by subsection (1), perform the following:
23125         (a) In projecting available supplies of petroleum,
23126  coordinate with the Department of Revenue to secure information
23127  necessary to assure the sufficiency and accuracy of data
23128  submitted by persons affected by any federal fuel allocation
23129  program.
23130         (b) Require such periodic reports from public and private
23131  sources as may be necessary to the fulfillment of its
23132  responsibilities under this act. Such reports may include:
23133  petroleum use; all sales, including end-user sales, except
23134  retail gasoline and retail fuel oil sales; inventories; expected
23135  supplies and allocations; and petroleum conservation measures.
23136         (c) In cooperation with the Department of Revenue and other
23137  relevant state agencies, provide for long-range studies
23138  regarding the usage of petroleum in the state in order to:
23139         1. Comprehend the consumption of petroleum resources.
23140         2. Predict future petroleum demands in relation to
23141  available resources.
23142         3. Report the results of such studies to the Legislature.
23143         (3) For the purpose of determining accuracy of data, all
23144  state agencies shall timely provide the Division of Emergency
23145  Management commission with petroleum-use information in a format
23146  suitable to the needs of the allocation program.
23147         Section 513. Section 377.703, Florida Statutes, is amended
23148  to read:
23149         377.703 Additional functions of the Department of
23150  Agriculture and Consumer Services Florida Energy and Climate
23151  Commission.—
23152         (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
23153  demand questions have become a major area of concern to the
23154  state which must be dealt with by effective and well-coordinated
23155  state action, it is the intent of the Legislature to promote the
23156  efficient, effective, and economical management of energy
23157  problems, centralize energy coordination responsibilities,
23158  pinpoint responsibility for conducting energy programs, and
23159  ensure the accountability of state agencies for the
23160  implementation of s. 377.601(2), the state energy policy. It is
23161  the specific intent of the Legislature that nothing in this act
23162  shall in any way change the powers, duties, and responsibilities
23163  assigned by the Florida Electrical Power Plant Siting Act, part
23164  II of chapter 403, or the powers, duties, and responsibilities
23165  of the Florida Public Service Commission.
23166         (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.—The
23167  department commission shall perform the following functions,
23168  unless as otherwise provided, consistent with the development of
23169  a state energy policy:
23170         (a) The Division of Emergency Management is responsible for
23171  the commission shall assume the responsibility for development
23172  of an energy emergency contingency plan to respond to serious
23173  shortages of primary and secondary energy sources. Upon a
23174  finding by the Governor, implementation of any emergency program
23175  shall be upon order of the Governor that a particular kind or
23176  type of fuel is, or that the occurrence of an event which is
23177  reasonably expected within 30 days will make the fuel, in short
23178  supply. The Division of Emergency Management commission shall
23179  then respond by instituting the appropriate measures of the
23180  contingency plan to meet the given emergency or energy shortage.
23181  The Governor may utilize the provisions of s. 252.36(5) to carry
23182  out any emergency actions required by a serious shortage of
23183  energy sources.
23184         (b) The department is commission shall be responsible for
23185  performing or coordinating the functions of any federal energy
23186  programs delegated to the state, including energy supply,
23187  demand, conservation, or allocation.
23188         (c) The department commission shall analyze present and
23189  proposed federal energy programs and make recommendations
23190  regarding those programs to the Governor and the Legislature.
23191         (d) The department commission shall coordinate efforts to
23192  seek federal support or other support for state energy
23193  activities, including energy conservation, research, or
23194  development, and is shall be responsible for the coordination of
23195  multiagency energy conservation programs and plans.
23196         (e) The department commission shall analyze energy data
23197  collected and prepare long-range forecasts of energy supply and
23198  demand in coordination with the Florida Public Service
23199  Commission, which is responsible shall have responsibility for
23200  electricity and natural gas forecasts. To this end, the
23201  forecasts shall contain:
23202         1. An analysis of the relationship of state economic growth
23203  and development to energy supply and demand, including the
23204  constraints to economic growth resulting from energy supply
23205  constraints.
23206         2. Plans for the development of renewable energy resources
23207  and reduction in dependence on depletable energy resources,
23208  particularly oil and natural gas, and an analysis of the extent
23209  to which renewable energy sources are being utilized in the
23210  state.
23211         3. Consideration of alternative scenarios of statewide
23212  energy supply and demand for 5, 10, and 20 years to identify
23213  strategies for long-range action, including identification of
23214  potential social, economic, and environmental effects.
23215         4. An assessment of the state’s energy resources, including
23216  examination of the availability of commercially developable and
23217  imported fuels, and an analysis of anticipated effects on the
23218  state’s environment and social services resulting from energy
23219  resource development activities or from energy supply
23220  constraints, or both.
23221         (f) The department commission shall submit an annual report
23222  to the Governor and the Legislature reflecting its activities
23223  and making recommendations of policies for improvement of the
23224  state’s response to energy supply and demand and its effect on
23225  the health, safety, and welfare of the people of Florida. The
23226  report shall include a report from the Florida Public Service
23227  Commission on electricity and natural gas and information on
23228  energy conservation programs conducted and underway in the past
23229  year and shall include recommendations for energy conservation
23230  programs for the state, including, but not limited to, the
23231  following factors:
23232         1. Formulation of specific recommendations for improvement
23233  in the efficiency of energy utilization in governmental,
23234  residential, commercial, industrial, and transportation sectors.
23235         2. Collection and dissemination of information relating to
23236  energy conservation.
23237         3. Development and conduct of educational and training
23238  programs relating to energy conservation.
23239         4. An analysis of the ways in which state agencies are
23240  seeking to implement s. 377.601(2), the state energy policy, and
23241  recommendations for better fulfilling this policy.
23242         (g) The department may commission has authority to adopt
23243  rules pursuant to ss. 120.536(1) and 120.54 to implement the
23244  provisions of this act.
23245         (h) The department commission shall promote the development
23246  and use of renewable energy resources, in conformance with the
23247  provisions of chapter 187 and s. 377.601, by:
23248         1. Establishing goals and strategies for increasing the use
23249  of solar energy in this state.
23250         2. Aiding and promoting the commercialization of solar
23251  energy technology, in cooperation with the Florida Solar Energy
23252  Center, Enterprise Florida, Inc., and any other federal, state,
23253  or local governmental agency which may seek to promote research,
23254  development, and demonstration of solar energy equipment and
23255  technology.
23256         3. Identifying barriers to greater use of solar energy
23257  systems in this state, and developing specific recommendations
23258  for overcoming identified barriers, with findings and
23259  recommendations to be submitted annually in the report to the
23260  Governor and Legislature required under paragraph (f).
23261         4. In cooperation with the Department of Environmental
23262  Protection, the Department of Transportation, the Department of
23263  Community Affairs, Enterprise Florida, Inc., the Florida Solar
23264  Energy Center, and the Florida Solar Energy Industries
23265  Association, investigating opportunities, pursuant to the
23266  National Energy Policy Act of 1992, the Housing and Community
23267  Development Act of 1992, and any subsequent federal legislation,
23268  for solar electric vehicles and other solar energy
23269  manufacturing, distribution, installation, and financing efforts
23270  which will enhance this state’s position as the leader in solar
23271  energy research, development, and use.
23272         5. Undertaking other initiatives to advance the development
23273  and use of renewable energy resources in this state.
23274  
23275  In the exercise of its responsibilities under this paragraph,
23276  the department commission shall seek the assistance of the solar
23277  energy industry in this state and other interested parties and
23278  is authorized to enter into contracts, retain professional
23279  consulting services, and expend funds appropriated by the
23280  Legislature for such purposes.
23281         (i) The department commission shall promote energy
23282  conservation in all energy use sectors throughout the state and
23283  shall constitute the state agency primarily responsible for this
23284  function. To this end, The Department of Management Services, in
23285  consultation with the department, commission shall coordinate
23286  the energy conservation programs of all state agencies and
23287  review and comment on the energy conservation programs of all
23288  state agencies.
23289         (j) The department commission shall serve as the state
23290  clearinghouse for indexing and gathering all information related
23291  to energy programs in state universities, in private
23292  universities, in federal, state, and local government agencies,
23293  and in private industry and shall prepare and distribute such
23294  information in any manner necessary to inform and advise the
23295  citizens of the state of such programs and activities. This
23296  shall include developing and maintaining a current index and
23297  profile of all research activities, which shall be identified by
23298  energy area and may include a summary of the project, the amount
23299  and sources of funding, anticipated completion dates, or, in
23300  case of completed research, conclusions, recommendations, and
23301  applicability to state government and private sector functions.
23302  The department commission shall coordinate, promote, and respond
23303  to efforts by all sectors of the economy to seek financial
23304  support for energy activities. The department commission shall
23305  provide information to consumers regarding the anticipated
23306  energy-use and energy-saving characteristics of products and
23307  services in coordination with any federal, state, or local
23308  governmental agencies as may provide such information to
23309  consumers.
23310         (k) The department commission shall coordinate energy
23311  related programs of state government, including, but not limited
23312  to, the programs provided in this section. To this end, the
23313  department commission shall:
23314         1. Provide assistance to other state agencies, counties,
23315  municipalities, and regional planning agencies to further and
23316  promote their energy planning activities.
23317         2. Require, in cooperation with the Department of
23318  Management Services, all state agencies to operate state-owned
23319  and state-leased buildings in accordance with energy
23320  conservation standards as adopted by the Department of
23321  Management Services. Every 3 months, the Department of
23322  Management Services shall furnish the department commission data
23323  on agencies’ energy consumption and emissions of greenhouse
23324  gases in a format prescribed by the department commission.
23325         3. Promote the development and use of renewable energy
23326  resources, energy efficiency technologies, and conservation
23327  measures.
23328         4. Promote the recovery of energy from wastes, including,
23329  but not limited to, the use of waste heat, the use of
23330  agricultural products as a source of energy, and recycling of
23331  manufactured products. Such promotion shall be conducted in
23332  conjunction with, and after consultation with, the Department of
23333  Environmental Protection and the Florida Public Service
23334  Commission where electrical generation or natural gas is
23335  involved, and any other relevant federal, state, or local
23336  governmental agency having responsibility for resource recovery
23337  programs.
23338         (l) The department commission shall develop, coordinate,
23339  and promote a comprehensive research plan for state programs.
23340  Such plan shall be consistent with state energy policy and shall
23341  be updated on a biennial basis.
23342         (m) In recognition of the devastation to the economy of
23343  this state and the dangers to the health and welfare of
23344  residents of this state caused by severe hurricanes, and the
23345  potential for such impacts caused by other natural disasters,
23346  the Division of Emergency Management commission shall include in
23347  its energy emergency contingency plan and provide to the Florida
23348  Building Commission for inclusion in the Florida Energy
23349  Efficiency Code for Building Construction specific provisions to
23350  facilitate the use of cost-effective solar energy technologies
23351  as emergency remedial and preventive measures for providing
23352  electric power, street lighting, and water heating service in
23353  the event of electric power outages.
23354         (3) The Department of Environmental Protection is
23355  commission shall be responsible for the administration of the
23356  Coastal Energy Impact Program provided for and described in Pub.
23357  L. No. 94-370, 16 U.S.C. s. 1456a.
23358         Section 514. Paragraph (h) of subsection (5) of section
23359  377.711, Florida Statutes, is amended to read:
23360         377.711 Florida party to Southern States Energy Compact.
23361  The Southern States Energy Compact is enacted into law and
23362  entered into by the state as a party, and is of full force and
23363  effect between the state and any other states joining therein in
23364  accordance with the terms of the compact, which compact is
23365  substantially as follows:
23366         (5) POWERS.—The board shall have the power to:
23367         (h) Recommend such changes in, or amendments or additions
23368  to, the laws, codes, rules, regulations, administrative
23369  procedures and practices, or ordinances of the party states in
23370  any of the fields of its interest and competence as in its
23371  judgment may be appropriate. Any such recommendation shall be
23372  made, in the case of Florida, through the Department of
23373  Agriculture and Consumer Services Commerce.
23374         Section 515. Section 377.801, Florida Statutes, is amended
23375  to read:
23376         377.801 Short title.—Sections 377.801-377.807 377.801
23377  377.806 may be cited as the “Florida Energy and Climate
23378  Protection Act.”
23379         Section 516. Section 377.803, Florida Statutes, is amended
23380  to read:
23381         377.803 Definitions.—As used in ss. 377.801-377.807
23382  377.801-377.806, the term:
23383         (1) “Act” means the Florida Energy and Climate Protection
23384  Act.
23385         (2) “Department” “Commission” means the Department of
23386  Agriculture and Consumer Services Florida Energy and Climate
23387  Commission.
23388         (3) “Person” means an individual, partnership, joint
23389  venture, private or public corporation, association, firm,
23390  public service company, or any other public or private entity.
23391         (4) “Renewable energy” means electrical, mechanical, or
23392  thermal energy produced from a method that uses one or more of
23393  the following fuels or energy sources: hydrogen, biomass, as
23394  defined in s. 366.91, solar energy, geothermal energy, wind
23395  energy, ocean energy, waste heat, or hydroelectric power.
23396         (5) “Renewable energy technology” means any technology that
23397  generates or utilizes a renewable energy resource.
23398         (6) “Solar energy system” means equipment that provides for
23399  the collection and use of incident solar energy for water
23400  heating, space heating or cooling, or other applications that
23401  would normally require a conventional source of energy such as
23402  petroleum products, natural gas, or electricity that performs
23403  primarily with solar energy. In other systems in which solar
23404  energy is used in a supplemental way, only those components that
23405  collect and transfer solar energy shall be included in this
23406  definition.
23407         (7) “Solar photovoltaic system” means a device that
23408  converts incident sunlight into electrical current.
23409         (8) “Solar thermal system” means a device that traps heat
23410  from incident sunlight in order to heat water.
23411         Section 517. Subsection (1), paragraph (f) of subsection
23412  (2), and subsections (3) through (6) of section 377.804, Florida
23413  Statutes, are amended to read:
23414         377.804 Renewable Energy and Energy-Efficient Technologies
23415  Grants Program.—
23416         (1) The Renewable Energy and Energy-Efficient Technologies
23417  Grants Program is established within the department commission
23418  to provide renewable energy matching grants for demonstration,
23419  commercialization, research, and development projects relating
23420  to renewable energy technologies and innovative technologies
23421  that significantly increase energy efficiency for vehicles and
23422  commercial buildings.
23423         (2) Matching grants for projects described in subsection
23424  (1) may be made to any of the following:
23425         (f) Other qualified persons, as determined by the
23426  department commission.
23427         (3) The department commission may adopt rules pursuant to
23428  ss. 120.536(1) and 120.54 to provide for application
23429  requirements, provide for ranking of applications, and
23430  administer the awarding of grants under this program.
23431         (4) Factors the department commission shall consider in
23432  awarding grants include, but are not limited to:
23433         (a) The availability of matching funds or other in-kind
23434  contributions applied to the total project from an applicant.
23435  The department commission shall give greater preference to
23436  projects that provide such matching funds or other in-kind
23437  contributions.
23438         (b) The degree to which the project stimulates in-state
23439  capital investment and economic development in metropolitan and
23440  rural areas, including the creation of jobs and the future
23441  development of a commercial market for renewable energy
23442  technologies.
23443         (c) The extent to which the proposed project has been
23444  demonstrated to be technically feasible based on pilot project
23445  demonstrations, laboratory testing, scientific modeling, or
23446  engineering or chemical theory that supports the proposal.
23447         (d) The degree to which the project incorporates an
23448  innovative new technology or an innovative application of an
23449  existing technology.
23450         (e) The degree to which a project generates thermal,
23451  mechanical, or electrical energy by means of a renewable energy
23452  resource that has substantial long-term production potential.
23453         (f) The degree to which a project demonstrates efficient
23454  use of energy and material resources.
23455         (g) The degree to which the project fosters overall
23456  understanding and appreciation of renewable energy technologies.
23457         (h) The ability to administer a complete project.
23458         (i) Project duration and timeline for expenditures.
23459         (j) The geographic area in which the project is to be
23460  conducted in relation to other projects.
23461         (k) The degree of public visibility and interaction.
23462         (5) The department commission shall solicit the expertise
23463  of state agencies, Enterprise Florida, Inc., and state
23464  universities, and may solicit the expertise of other public and
23465  private entities it deems appropriate, in evaluating project
23466  proposals. State agencies shall cooperate with the department
23467  commission and provide such assistance as requested.
23468         (6) The commission shall coordinate and actively consult
23469  with the Department of Agriculture and Consumer Services during
23470  the review and approval process of grants relating to bioenergy
23471  projects for renewable energy technology. Factors for
23472  consideration in awarding grants relating to bioenergy projects
23473  may include, but are not limited to, the degree to which:
23474         (a) The project stimulates in-state capital investment and
23475  economic development in metropolitan and rural areas, including
23476  the creation of jobs and the future development of a commercial
23477  market for bioenergy.
23478         (b) The project produces bioenergy from Florida-grown crops
23479  or biomass.
23480         (c) The project demonstrates efficient use of energy and
23481  material resources.
23482         (d) The project fosters overall understanding and
23483  appreciation of bioenergy technologies.
23484         (e) Matching funds and in-kind contributions from an
23485  applicant are available.
23486         (f) The project duration and the timeline for expenditures
23487  are acceptable.
23488         (g) The project has a reasonable assurance of enhancing the
23489  value of agricultural products or will expand agribusiness in
23490  the state.
23491         (h) Preliminary market and feasibility research has been
23492  conducted by the applicant or others and shows there is a
23493  reasonable assurance of a potential market.
23494         Section 518. Subsections (1), (6), and (7) of section
23495  377.806, Florida Statutes, are amended to read:
23496         377.806 Solar Energy System Incentives Program.—
23497         (1) PURPOSE.—The Solar Energy System Incentives Program is
23498  established within the Department of Agriculture and Consumer
23499  Services commission to provide financial incentives for the
23500  purchase and installation of solar energy systems. Any resident
23501  of the state who purchases and installs a new solar energy
23502  system of 2 kilowatts or larger for a solar photovoltaic system,
23503  a solar energy system that provides at least 50 percent of a
23504  building’s hot water consumption for a solar thermal system, or
23505  a solar thermal pool heater, from July 1, 2006, through June 30,
23506  2010, is eligible for a rebate on a portion of the purchase
23507  price of that solar energy system.
23508         (6) REBATE AVAILABILITY.—The department commission shall
23509  determine and publish on a regular basis the amount of rebate
23510  funds remaining in each fiscal year. The total dollar amount of
23511  all rebates issued is subject to the total amount of
23512  appropriations in any fiscal year for this program. If funds are
23513  insufficient during the current fiscal year, any requests for
23514  rebates received during that fiscal year may be processed during
23515  the following fiscal year. Requests for rebates received in a
23516  fiscal year that are processed during the following fiscal year
23517  shall be given priority over requests for rebates received
23518  during the following fiscal year.
23519         (7) RULES.—The department commission shall adopt rules
23520  pursuant to ss. 120.536(1) and 120.54 to develop rebate
23521  applications and administer the issuance of rebates.
23522         Section 519. Section 377.807, Florida Statutes, is amended
23523  to read:
23524         377.807 Energy-efficient appliance rebate program.—
23525         (1) The department may Florida Energy and Climate
23526  Commission is authorized to develop and administer a consumer
23527  rebate program for residential energy-efficient appliances,
23528  consistent with 42 U.S.C. s. 15821 and any federal agency
23529  guidance or regulations issued in furtherance of federal law.
23530         (2) The department commission may adopt rules pursuant to
23531  ss. 120.536(1) and 120.54 designating eligible appliances,
23532  rebate amounts, and the administration of the issuance of
23533  rebates. The rules shall be consistent with 42 U.S.C. s. 15821
23534  and any subsequent implementing federal regulations or guidance.
23535         (3) The department may commission is authorized to enter
23536  into contracts or memoranda of agreement with other agencies of
23537  the state, public-private partnerships, or other arrangements
23538  such that the most efficient means of administering consumer
23539  rebates can be achieved.
23540         Section 520. Subsections (2) through (5) of section
23541  377.808, Florida Statutes, are amended to read:
23542         377.808 Florida Green Government Grants Act.—
23543         (2) The department Florida Energy and Climate Commission
23544  shall use funds specifically appropriated to award grants under
23545  this section to assist local governments, including
23546  municipalities, counties, and school districts, in the
23547  development and implementation of programs that achieve green
23548  standards. Green standards shall be determined by the department
23549  commission and shall provide for cost-efficient solutions,
23550  reducing greenhouse gas emissions, improving quality of life,
23551  and strengthening the state’s economy.
23552         (3) The department commission shall adopt rules pursuant to
23553  chapter 120 to administer the grants provided for in this
23554  section. In accordance with the rules adopted by the department
23555  commission under this section, the department commission may
23556  provide grants from funds specifically appropriated for this
23557  purpose to local governments for the costs of achieving green
23558  standards, including necessary administrative expenses. The
23559  rules of the department commission shall:
23560         (a) Designate one or more suitable green government
23561  standards frameworks from which local governments may develop a
23562  greening government initiative and from which projects may be
23563  eligible for funding pursuant to this section.
23564         (b) Require that projects that plan, design, construct,
23565  upgrade, or replace facilities reduce greenhouse gas emissions
23566  and be cost-effective, environmentally sound, permittable, and
23567  implementable.
23568         (c) Require local governments to match state funds with
23569  direct project cost sharing or in-kind services.
23570         (d) Provide for a scale of matching requirements for local
23571  governments on the basis of population in order to assist rural
23572  and undeveloped areas of the state with any financial burden of
23573  addressing climate change impacts.
23574         (e) Require grant applications to be submitted on
23575  appropriate forms developed and adopted by the department
23576  commission with appropriate supporting documentation and require
23577  records to be maintained.
23578         (f) Establish a system to determine the relative priority
23579  of grant applications. The system shall consider greenhouse gas
23580  reductions, energy savings and efficiencies, and proven
23581  technologies.
23582         (g) Establish requirements for competitive procurement of
23583  engineering and construction services, materials, and equipment.
23584         (h) Provide for termination of grants when program
23585  requirements are not met.
23586         (4) Each local government is limited to not more than two
23587  grant applications during each application period announced by
23588  the department commission. However, a local government may not
23589  have more than three active projects expending grant funds
23590  during any state fiscal year.
23591         (5) The department commission shall perform an adequate
23592  overview of each grant, which may include technical review, site
23593  inspections, disbursement approvals, and auditing to
23594  successfully implement this section.
23595         Section 521. Subsections (3) and (6) of section 403.44,
23596  Florida Statutes, are amended to read:
23597         403.44 Florida Climate Protection Act.—
23598         (3) The department may adopt rules for a cap-and-trade
23599  regulatory program to reduce greenhouse gas emissions from major
23600  emitters. When developing the rules, the department shall
23601  consult with the Department of Agriculture and Consumer Services
23602  Florida Energy and Climate Commission and the Florida Public
23603  Service Commission and may consult with the Governor’s Action
23604  Team for Energy and Climate Change. The department shall not
23605  adopt rules until after January 1, 2010. The rules shall not
23606  become effective until ratified by the Legislature.
23607         (6) Recognizing that the international, national, and
23608  neighboring state policies and the science of climate change
23609  will evolve, prior to submitting the proposed rules to the
23610  Legislature for consideration, the department shall submit the
23611  proposed rules to the Department of Agriculture and Consumer
23612  Services Florida Energy and Climate Commission, which shall
23613  review the proposed rules and submit a report to the Governor,
23614  the President of the Senate, the Speaker of the House of
23615  Representatives, and the department. The report shall address:
23616         (a) The overall cost-effectiveness of the proposed cap-and
23617  trade system in combination with other policies and measures in
23618  meeting statewide targets.
23619         (b) The administrative burden to the state of implementing,
23620  monitoring, and enforcing the program.
23621         (c) The administrative burden on entities covered under the
23622  cap.
23623         (d) The impacts on electricity prices for consumers.
23624         (e) The specific benefits to the state’s economy for early
23625  adoption of a cap-and-trade system for greenhouse gases in the
23626  context of federal climate change legislation and the
23627  development of new international compacts.
23628         (f) The specific benefits to the state’s economy associated
23629  with the creation and sale of emissions offsets from economic
23630  sectors outside of the emissions cap.
23631         (g) The potential effects on leakage if economic activity
23632  relocates out of the state.
23633         (h) The effectiveness of the combination of measures in
23634  meeting identified targets.
23635         (i) The economic implications for near-term periods of
23636  short-term and long-term targets specified in the overall
23637  policy.
23638         (j) The overall costs and benefits of a cap-and-trade
23639  system to the economy of the state.
23640         (k) The impacts on low-income consumers that result from
23641  energy price increases.
23642         (l) The consistency of the program with other state and
23643  possible federal efforts.
23644         (m) The evaluation of the conditions under which the state
23645  should consider linking its trading system to the systems of
23646  other states or other countries and how that might be affected
23647  by the potential inclusion in the rule of a safety valve.
23648         (n) The timing and changes in the external environment,
23649  such as proposals by other states or implementation of a federal
23650  program that would spur reevaluation of the Florida program.
23651         (o) The conditions and options for eliminating the Florida
23652  program if a federal program were to supplant it.
23653         (p) The need for a regular reevaluation of the progress of
23654  other emitting regions of the country and of the world, and
23655  whether other regions are abating emissions in a commensurate
23656  manner.
23657         (q) The desirability of and possibilities of broadening the
23658  scope of the state’s cap-and-trade system at a later date to
23659  include more emitting activities as well as sinks in Florida,
23660  the conditions that would need to be met to do so, and how the
23661  program would encourage these conditions to be met, including
23662  developing monitoring and measuring techniques for land use
23663  emissions and sinks, regulating sources upstream, and other
23664  considerations.
23665         Section 522. Section 526.207, Florida Statutes, is amended
23666  to read:
23667         526.207 Studies and reports.—
23668         (1) The Department of Agriculture and Consumer Services
23669  Florida Energy and Climate Commission shall conduct a study to
23670  evaluate and recommend the life-cycle greenhouse gas emissions
23671  associated with all renewable fuels, including, but not limited
23672  to, biodiesel, renewable diesel, biobutanol, and ethanol derived
23673  from any source. In addition, the department commission shall
23674  evaluate and recommend a requirement that all renewable fuels
23675  introduced into commerce in the state, as a result of the
23676  renewable fuel standard, shall reduce the life-cycle greenhouse
23677  gas emissions by an average percentage. The department
23678  commission may also evaluate and recommend any benefits
23679  associated with the creation, banking, transfer, and sale of
23680  credits among fuel refiners, blenders, and importers.
23681         (2) The Department of Agriculture and Consumer Services
23682  Florida Energy and Climate Commission shall submit a report
23683  containing specific recommendations to the President of the
23684  Senate and the Speaker of the House of Representatives no later
23685  than December 31, 2010.
23686         Section 523. Subsection (3) of section 570.954, Florida
23687  Statutes, is amended to read:
23688         570.954 Farm-to-fuel initiative.—
23689         (3) The department shall coordinate with and solicit the
23690  expertise of the state energy office within the Department of
23691  Environmental Protection when developing and implementing this
23692  initiative.
23693         Section 524. Section 570.074, Florida Statutes, is amended
23694  to read:
23695         570.074 Department of Agriculture and Consumer Services;
23696  energy and water policy coordination.—The commissioner may
23697  create an Office of Energy and Water Coordination under the
23698  supervision of a senior manager exempt under s. 110.205 in the
23699  Senior Management Service. The commissioner may designate the
23700  bureaus and positions in the various organizational divisions of
23701  the department that report to this office relating to any matter
23702  over which the department has jurisdiction in matters relating
23703  to energy and water policy affecting agriculture, application of
23704  such policies, and coordination of such matters with state and
23705  federal agencies.
23706         Section 525. Sections 1 and 2 of chapter 2010-282, Laws of
23707  Florida, are amended to read:
23708         Section 1. (1) As provided in this section and section 2, a
23709  portion of the total amount appropriated in this act shall be
23710  used utilized by the Department of Agriculture and Consumer
23711  Services Florida Energy and Climate Commission to pay rebates to
23712  eligible applicants who submit an application pursuant to the
23713  Florida ENERGY STAR Residential HVAC Rebate Program administered
23714  by the department commission, as approved by the United States
23715  Department of Energy. An applicant is eligible for a rebate
23716  under this section if:
23717         (a) A complete application is submitted to the department
23718  commission on or before November 30, 2010.
23719         (b) The central air conditioner, air source heat pump, or
23720  geothermal heat pump system replacement for which the applicant
23721  is seeking a rebate was purchased from or contracted for
23722  purchase with a Florida-licensed contractor after August 29,
23723  2010, but before September 15, 2010, and fully installed prior
23724  to submission of the application for a rebate.
23725         (c) The department commission determines that the
23726  application complies with this section and any existing
23727  agreement with the United States Department of Energy governing
23728  the Florida ENERGY STAR Residential HVAC Rebate Program.
23729         (d) The applicant provides the following information to the
23730  department commission on or before November 30, 2010:
23731         1.a. A copy of the sales receipt indicating a date of
23732  purchase after August 29, 2010, but before September 15, 2010,
23733  with the make and model number identified and circled along with
23734  the name and address of the Florida-licensed contractor who
23735  installed the system; or
23736         b. A copy of the contract for the purchase and installation
23737  of the system indicating a contract date after August 29, 2010,
23738  but before September 15, 2010, and a copy of the sales receipt
23739  indicating a date of purchase after August 29, 2010, but on or
23740  before November 30, 2010, with the make and model number
23741  identified and circled along with the name and address of the
23742  Florida-licensed contractor who installed the system.
23743         2. A copy of the mechanical building permit issued by the
23744  county or municipality and pulled by the Florida-licensed
23745  contractor who installed the system for the residence.
23746         3. A copy of the Air Distribution System Test Report
23747  results from a Florida-certified Class 1 energy gauge rater, a
23748  Florida-licensed mechanical contractor, or a recognized test and
23749  balance agent. The results from the test must indicate the home
23750  has no more than 15 percent leakage to the outside as measured
23751  by 0.10 Qn.out or less.
23752         4. A copy of the summary of the Manual J program completed
23753  for the residence to indicate that the proper methodology for
23754  sizing the new system was completed.
23755         (2) The Department of Agriculture and Consumer Services
23756  Florida Energy and Climate Commission shall pay a $1,500 rebate
23757  to each consumer who submits an application pursuant to the
23758  Florida ENERGY STAR Residential HVAC Rebate Program if the
23759  application is approved by the department commission in
23760  accordance with this act. The department commission shall pay
23761  all rebates authorized in this section prior to paying any
23762  rebates authorized in section 2.
23763         Section 2. Notwithstanding s. 377.806(6), Florida Statutes,
23764  the Department of Agriculture and Consumer Services Florida
23765  Energy and Climate Commission shall utilize up to $28,902,623,
23766  less any amount in excess of $2,467,244 used to pay rebates
23767  pursuant to section 1, to pay a percentage of each unpaid and
23768  approved rebate application submitted pursuant to the Solar
23769  Energy System Incentives Program established in s. 377.806,
23770  Florida Statutes. An applicant is eligible for a rebate under
23771  this section if the application submitted complies with s.
23772  377.806, Florida Statutes. The percentage of each approved
23773  rebate to be paid shall be derived by dividing the remaining
23774  appropriation by the total dollar value of the backlog of final
23775  approved solar rebates, pursuant to the authorized limits
23776  provided in s. 377.806, Florida Statutes.
23777         Section 526. Subsections (5), (11), (12), and (13) of
23778  section 1004.648, Florida Statutes, are amended to read:
23779         1004.648 Florida Energy Systems Consortium.—
23780         (5) The director, whose office is shall be located at the
23781  University of Florida, shall report to the Department of
23782  Agriculture and Consumer Services Florida Energy and Climate
23783  Commission created pursuant to s. 377.6015.
23784         (11) The oversight board, in consultation with the
23785  Department of Agriculture and Consumer Services Florida Energy
23786  and Climate Commission, shall ensure that the consortium:
23787         (a) Maintains accurate records of any funds received by the
23788  consortium.
23789         (b) Meets financial and technical performance expectations,
23790  which may include external technical reviews as required.
23791         (12) The steering committee shall consist of the university
23792  representatives included in the Centers of Excellence proposals
23793  for the Florida Energy Systems Consortium and the Center of
23794  Excellence in Ocean Energy Technology-Phase II which were
23795  reviewed during the 2007-2008 fiscal year by the Florida
23796  Technology, Research, and Scholarship Board created in s.
23797  1004.226(4); a university representative appointed by the
23798  President of Florida International University; and a
23799  representative of the Department of Agriculture and Consumer
23800  Services Florida Energy and Climate Commission. The steering
23801  committee is shall be responsible for establishing and ensuring
23802  the success of the consortium’s mission under subsection (9).
23803         (13) By November 1 of each year, the consortium shall
23804  submit an annual report to the Governor, the President of the
23805  Senate, the Speaker of the House of Representatives, and the
23806  Department of Agriculture and Consumer Services Florida Energy
23807  and Climate Commission regarding its activities, including, but
23808  not limited to, education and research related to, and the
23809  development and deployment of, alternative energy technologies.
23810         Section 527. For the 2011-2012 fiscal year only,
23811  notwithstanding s. 216.181(2)(b), Florida Statutes, the
23812  Department of Agriculture may submit an amendment to the
23813  Legislative Budget Commission for increased budget authority for
23814  a fixed capital outlay appropriation for federal energy grants.
23815  Any such amendment is subject to the review and notice
23816  procedures provided in s. 216.177, Florida Statutes.
23817         Section 528. This act shall take effect July 1, 2011.
23818  
23819  ================= T I T L E  A M E N D M E N T ================
23820         And the title is amended as follows:
23821         Delete everything before the enacting clause
23822  and insert:
23823                        A bill to be entitled                      
23824         An act relating to governmental reorganization;
23825         transferring the functions and trust funds of the
23826         Agency for Workforce Innovation to other agencies;
23827         transferring the Office of Early Learning to the
23828         Department of Education; transferring the Office of
23829         Unemployment Compensation to the Department of
23830         Economic Opportunity; transferring the Unemployment
23831         Appeals Commission to the Department of Economic
23832         Opportunity; transferring the Office of Workforce
23833         Services to the Department of Economic Opportunity;
23834         requiring the Auditor General to conduct an audit of
23835         the Office of Early Learning; transferring the
23836         functions and trust funds of the Department of
23837         Community Affairs to other agencies; transferring the
23838         Florida Housing Finance Corporation to the Department
23839         of Economic Opportunity; transferring the Division of
23840         Housing and Community Development to the Department of
23841         Economic Opportunity; transferring the Division of
23842         Community Planning to the Department of Economic
23843         Opportunity; transferring the Division of Emergency
23844         Management to the Executive Office of the Governor;
23845         transferring the Florida Building Commission to the
23846         Department of Business and Professional Regulation;
23847         transferring the responsibilities under the Florida
23848         Communities Trust to the Department of Environmental
23849         Protection; transferring the responsibilities under
23850         the Stan Mayfield Working Waterfronts Program to the
23851         Department of Environmental Protection; transferring
23852         functions and trust funds of the Office of Tourism,
23853         Trade, and Economic Development in the Executive
23854         Office of the Governor to the Department of Economic
23855         Opportunity; transferring the Ready to Work program to
23856         the Department of Education; providing legislative
23857         intent with respect to the transfer of programs and
23858         administrative responsibilities; providing for a
23859         transition period; providing for coordination between
23860         the Agency for Workforce Innovation, the Department of
23861         Community Affairs, the Department of Education, and
23862         the Office of Tourism, Trade, and Economic Development
23863         and other state agencies to implement the transition;
23864         requiring that the Governor appoint a representative
23865         to coordinate the transition plan; requiring that the
23866         Governor submit information and obtain waivers as
23867         required by federal law; authorizing the Governor to
23868         transfer funds and positions between agencies upon
23869         approval from the Legislative Budget Commission to
23870         implement the act; directing the nonprofit entities to
23871         enter into a plan for merger; transitioning the
23872         Florida Tourism Marketing Corporation d/b/a VISIT
23873         Florida to Enterprise Florida, Inc.; providing
23874         legislative intent with respect to the merger of
23875         Enterprise Florida, Inc., the Florida Sports
23876         Foundation Incorporated, and the Florida Black
23877         Business Investment Board, Inc., into, and the
23878         transition of the Florida Tourism Industry Marketing
23879         Corporation d/b/a VISIT Florida to, Enterprise
23880         Florida, Inc.; providing for a transition period;
23881         requiring that the Governor appoint a representative
23882         to coordinate the transition plan; providing for the
23883         transfer of any funds held in trust by the entities to
23884         be transferred to Enterprise Florida, Inc., to be used
23885         for the funds’ original purposes; requiring that the
23886         Governor submit information and obtain waivers as
23887         required by federal law; requiring the Department of
23888         Economic Opportunity to submit a business plan by
23889         September 1, 2011; specifying report details;
23890         requiring the Department of Economic Opportunity to
23891         submit a report on streamlining economic development
23892         and workforce functions by January 1, 2012; requiring
23893         a review of the Department of Economic Opportunity by
23894         July 1, 2016; specifying the details of the review;
23895         providing a directive to the Division of Statutory
23896         Revision to assist substantive committees to prepare
23897         conforming legislation; creating s. 14.2016, F.S.;
23898         establishing the Division of Emergency Management as a
23899         separate budget entity within the Executive Office of
23900         the Governor; providing for the director of the
23901         division to serve at the pleasure of the Governor;
23902         amending s. 20.15, F.S.; establishing the Office of
23903         Early Learning as a separate budget entity within the
23904         Department of Education; providing for the office to
23905         administer the school readiness system and the
23906         Voluntary Prekindergarten Education Program; providing
23907         for the director of the office to serve at the
23908         pleasure of the Governor; creating s. 20.60, F.S.;
23909         creating the Department of Economic Opportunity as a
23910         new department of state government; providing for the
23911         executive director of the Department of Economic
23912         Opportunity to be appointed by the Governor and
23913         confirmed by the Senate; establishing divisions of the
23914         Department of Economic Opportunity and specifying
23915         their responsibilities; providing for the Department
23916         of Economic Opportunity to serve as the designated
23917         agency for the purposes of federal workforce
23918         development grants; authorizing the Department of
23919         Economic Opportunity to contract for training for
23920         employees of administrative entities and case managers
23921         of contracted providers; specifying that the
23922         Unemployment Appeals Commission is not subject to
23923         control, supervision, or direction from the Department
23924         of Economic Opportunity; specifying the
23925         responsibilities of the executive director of the
23926         Department of Economic Opportunity; requiring an
23927         annual report on the business climate and economic
23928         development in the state; requiring the Department of
23929         Economic Opportunity to establish annual performance
23930         standards for public-private partnerships; providing
23931         for the Department of Economic Opportunity to have an
23932         official seal; providing for the Department of
23933         Economic Opportunity to administer the role of state
23934         government with respect to laws relating to housing;
23935         amending s. 14.32, F.S.; specifying powers and
23936         responsibilities of the Chief Inspector General in the
23937         Executive Office of the Governor with respect to
23938         public-private partnerships; amending s. 201.15, F.S;
23939         revising the distribution of excise taxes on
23940         documents; providing for specified distributions of
23941         funds to the State Economic Enhancement and
23942         Development Trust Fund in the Department of Economic
23943         Opportunity; amending s. 215.559, F.S.; providing for
23944         the Hurricane Loss Mitigation Program to be housed
23945         within the Division of Emergency Management; extending
23946         the repeal date of the program; deleting an obsolete
23947         provision relating to the use of funds for programs to
23948         retrofit certain existing hurricane shelters; creating
23949         s. 288.005, F.S.; defining the terms “economic
23950         benefits,” “department,” and “executive director”;
23951         amending s. 288.061, F.S.; providing for the
23952         Department of Economic Opportunity and Enterprise
23953         Florida, Inc., to review applications for state
23954         economic development incentives; reducing the review
23955         and approval period to 10 business days; authorizing
23956         the Department of Economic Opportunity to enter into
23957         an agreement with an applicant relating to all
23958         incentives offered by the state; amending s. 288.095,
23959         F.S.; providing for the Department of Economic
23960         Opportunity to approve applications for certification
23961         or requests for participation in certain economic
23962         development programs; amending s. 288.1081, F.S.;
23963         providing for the Economic Gardening Business Loan
23964         Pilot Program to be administered by the Department of
23965         Economic Opportunity; amending s. 288.1082, F.S.;
23966         providing for the Economic Gardening Technical
23967         Assistance Pilot Program to be administered by the
23968         Department of Economic Opportunity; amending s.
23969         288.901, F.S.; creating Enterprise Florida, Inc., as a
23970         nonprofit corporation; specifying that Enterprise
23971         Florida, Inc., is subject to the provisions of chs.
23972         119 and 286, F.S.; specifying that the board of
23973         directors of Enterprise Florida, Inc., is subject to
23974         certain requirements in ch. 112, F.S.; specifying the
23975         purposes of Enterprise Florida, Inc.; creating the
23976         board of directors for Enterprise Florida, Inc.;
23977         naming the Governor as chair of the board of
23978         directors; specifying appointment procedures, terms of
23979         office, selecting a vice chairperson, filling
23980         vacancies, and removing board members; providing for
23981         the appointment of at-large members to the board of
23982         directors; specifying terms; allowing the at-large
23983         members to make contributions to Enterprise Florida,
23984         Inc.; specifying ex officio, nonvoting members of the
23985         board of directors; specifying that members of the
23986         board of directors serve without compensation, but are
23987         entitled to reimbursement for all reasonable,
23988         necessary, and actual expenses as determined by the
23989         board of directors; amending s. 288.9015, F.S.;
23990         specifying the powers of Enterprise Florida, Inc., and
23991         the board of directors; authorizing liberal
23992         construction of the statutory powers of Enterprise
23993         Florida, Inc.; prohibiting Enterprise Florida, Inc.,
23994         from pledging the full faith and credit of the state;
23995         allowing Enterprise Florida, Inc., to indemnify,
23996         purchase, and maintain insurance on its board members,
23997         officers, and employees; amending s. 288.903, F.S.;
23998         specifying the duties of Enterprise Florida, Inc.;
23999         amending s. 288.904, F.S.; providing for legislative
24000         appropriations; requiring a private match equal to at
24001         least 100 percent of the appropriation of public
24002         funds; specifying potential sources of private
24003         funding; requiring a one-to-one match for private to
24004         public contributions for marketing and advertising
24005         activities; directing the board of directors to
24006         develop annual budgets; providing for Enterprise
24007         Florida, Inc., to enter into an agreement with the
24008         Department of Economic Opportunity; requiring
24009         performance measures; requiring review of the
24010         activities of Enterprise Florida, Inc., as a return on
24011         the public’s financial investment; amending s.
24012         288.905, F.S.; directing the board of directors of
24013         Enterprise Florida, Inc., to hire a president, who
24014         serves at the pleasure of the Governor; specifying
24015         that the president also be known as the “Secretary of
24016         Commerce”; defining the president’s role and
24017         responsibilities; forbidding an employee of Enterprise
24018         Florida, Inc., from earning more than the Governor,
24019         but providing for the granting of performance-based
24020         incentive payments to employees which may increase
24021         their total compensation in excess of the Governor’s;
24022         amending s. 288.906, F.S.; requiring Enterprise
24023         Florida, Inc., to prepare an annual report by December
24024         1 of each year; specifying the content of the annual
24025         report; creating s. 288.907, F.S.; requiring
24026         Enterprise Florida, Inc., to create an annual
24027         incentives report; specifying the required components
24028         of the report; creating s. 288.912, F.S.; requiring
24029         that certain counties and municipalities annually
24030         provide to the partnership an overview of certain
24031         local economic development activities; creating s.
24032         288.92, F.S.; authorizing Enterprise Florida, Inc., to
24033         create divisions; requiring certain divisions;
24034         providing for hiring of staff; creating s. 288.923,
24035         F.S.; creating the Division of Tourism Marketing;
24036         providing definitions; requiring Enterprise Florida,
24037         Inc., to contract with the Florida Tourism Industry
24038         Marketing Corporation; specifying the division’s
24039         responsibilities and duties, including a 4-year
24040         marketing plan; requiring an annual report; amending
24041         s. 288.1226, F.S.; establishing the Florida Tourism
24042         Marketing Corporation as a direct-support organization
24043         of Enterprise Florida, Inc.; establishing the
24044         membership of the board of directors of the
24045         corporation; establishing the membership of the board
24046         of directors of the corporation; making changes to
24047         conform to the act; amending s. 409.942, F.S.;
24048         deleting requirements that Workforce Florida, Inc.,
24049         establish an electronic transfer benefit program;
24050         amending s. 411.0102, F.S.; requiring each
24051         participating early learning coalition board to
24052         develop a plan for the use of child care purchasing
24053         pool funds; amending ss. 11.40, 11.45, 14.20195,
24054         15.182, 16.615, 17.61, 20.181, 39.001, 45.031, 69.041,
24055         112.63, 112.665, 112.3135, 119.071, 120.54, 120.80,
24056         125.045, 159.803, 159.8081, 159.8083, 159.809,
24057         161.142, 161.54, 163.3164, 166.021, 171.204, 175.021,
24058         186.504, 186.505, 189.403, 189.412, 189.413, 189.425,
24059         189.427, 189.4034, 190.009, 190.047, 191.009, 191.015,
24060         202.037, 212.08, 212.096, 212.097, 212.098, 212.20,
24061         213.053, 215.5588, 216.136, 216.292, 216.231, 218.32,
24062         218.37, 218.64, 220.03, 220.181, 220.182, 220.183,
24063         220.1895, 220.1896, 220.1899, 220.191, 222.15, 250.06,
24064         252.34, 252.35, 252.355, 252.371, 252.373, 252.55,
24065         252.60, 252.61, 252.82, 252.83, 252.85, 252.86,
24066         252.87, 252.88, 252.936, 252.937, 252.943, 252.946,
24067         255.042, 255.099, 258.004, 259.035, 259.105, 260.0142,
24068         267.0625, 272.11, 282.34, 282.709, 287.0931, 287.0943,
24069         287.09451, 287.0947, 288.012, 288.017, 288.018,
24070         288.019, 288.021, 288.0251, 288.035, 288.037, 288.041,
24071         288.047, 288.063, 288.065, 288.0655, 288.0656,
24072         288.06561, 288.0657, 288.0658, 288.0659, 288.075,
24073         288.1045, 288.106, 288.107, 288.108, 288.1083,
24074         288.1088, 288.1089, 288.109, 288.1095, 288.1162,
24075         288.11621, 288.1168, 288.1169, 288.1171, 288.1175,
24076         288.122, 288.12265, 288.124, 288.1251, 288.1252,
24077         288.1253, 288.1254, 288.7015, 288.703, 288.705,
24078         288.706, 288.7094, 288.7102, 288.714, 288.773,
24079         288.774, 288.776, 288.7771, 288.816, 288.809,
24080         288.8175, 288.826, 288.95155, 288.955, 288.9604,
24081         288.9605, 288.9606, 288.9624, 288.9625, 288.975,
24082         288.980, 288.984, 288.9913, 288.9914, 288.9916,
24083         288.9917, 288.9918, 288.9919, 288.9920, 288.9921,
24084         290.004, 290.0055, 290.0056, 290.0058, 290.0065,
24085         290.0066, 290.00710, 290.0072, 290.00725, 290.0073,
24086         290.0074, 290.0077, 290.014, 290.4042, 290.043,
24087         290.044, 290.046, 290.047, 290.048, 290.0491, 290.053,
24088         290.06561, 310.0015, 311.09, 311.105, 327.803, 311.11,
24089         311.115, 311.22, 320.08058, 320.63, 331.3051,
24090         331.3081, 332.115, 333.065, 339.135, 339.175, 342.201,
24091         369.303, 369.318, 369.321, 369.322, 369.323, 369.324,
24092         373.199, 373.4149, 373.453, 375.021, 376.60, 376.86,
24093         377.809, 378.411, 379.2291, 380.031, 380.06, 380.061,
24094         380.0677, 380.285, 380.503, 380.504, 380.5115,
24095         381.0054, 381.0086, 381.0303, 381.7354, 383.14,
24096         393.067, 395.1055, 395.1056, 397.321, 397.801, 400.23,
24097         400.497, 400.506, 400.605, 400.935, 400.967, 401.245,
24098         402.281, 402.45, 402.56, 403.0752, 403.42, 403.507,
24099         403.508, 403.524, 403.526, 403.527, 403.757, 403.7032,
24100         403.941, 403.9411, 403.973, 404.056, 404.0617,
24101         409.017, 409.1451, 409.2576, 409.508, 409.509,
24102         410.502, 411.01, 411.0101, 411.01013, 411.01014,
24103         411.01015, 411.0103, 411.0104, 411.0105, 411.0106,
24104         411.011, 411.226, 411.227, 414.24, 414.40, 414.295,
24105         414.411, 418.12, 420.0003, 420.0004, 420.0005,
24106         420.101, 420.111, 420.36, 420.424, 420.503, 420.504,
24107         420.506, 420.5095, 420.602, 402.609, 420.622, 420.631,
24108         420.635, 421.001, 422.001, 423.001, 427.012, 429.41,
24109         429.907, 429.929, 440.12, 440.15, 440.45,422.001,
24110         473.3065, 440.381, 443.012, 443.036, 443.041, 443.051,
24111         443.071, 443.091, 443.101, 443.111, 443.1113,
24112         443.1115, 443.1116, 443.1215, 443.1216, 443.1217,
24113         443.131, 443.1312, 443.1313, 443.1315, 443.1316,
24114         443.1317, 443.141, 443.151, 443.163, 443.171,
24115         443.1715, 443.181, 443.191, 443.211, 443.221, 445.002,
24116         445.003, 445.004, 445.007, 445.009, 445.016, 445.024,
24117         445.0325, 445.038, 445.045, 445.048, 445.049, 445.051,
24118         445.056, 450.261, 446.41, 446.50, 446.52, 448.109,
24119         448.110, 450.161, 450.191, 450.31, 468.529, 489.103,
24120         489.109, 489.509, 497.271, 526.144, 551.104, 553.36,
24121         553.382, 553.512, 553.71, 553.721, 553.74, 553.841,
24122         553.896, 553.901, 553.9085, 553.954, 553.955, 553.973,
24123         553.992, 553.995, 570.71, 570.96, 597.006, 604.006,
24124         624.5105, 625.3255, 627.0628, 627.0629, 627.3511,
24125         641.217, 657.042, 658.67, 720.403, 720.404, 720.406,
24126         760.854, 768.13, 943.03101, 943.0311, 943.0313,
24127         944.801, 945.10, 985.601, 1002.375, 1002.53, 1002.55,
24128         1002.61, 1002.63, 1002.67, 1002.69, 1002.71, 1002.72,
24129         1002.77, 1002.79, 1002.75, 1003.491, 1003.492,
24130         1003.493, 1003.575, 1003.4285, 1004.226, 1004.435,
24131         1004.46, 1008.39, 1008.41, 1011.76, 1012.2251,
24132         1013.37, 1013.372, and 1013.74, F.S.; conforming
24133         provisions to changes made by the act; conforming
24134         cross-references; deleting obsolete provisions;
24135         amending s. 288.012, F.S.; creating the state protocol
24136         officer; amending s. 411.01, F.S.; providing that the
24137         Department of Education provides preservation of
24138         parental choice; amending s. 1002.67, F.S.; providing
24139         for private prekindergarten providers or public
24140         schools that are on probation to use a staff
24141         development plan to strengthen instruction in language
24142         development and phonological awareness approved by the
24143         department; transferring, renumbering, and amending
24144         ss. 20.505 and 1004.99, F.S.; conforming provisions to
24145         changes made by the act; repealing s. 14.2015, F.S.,
24146         relating to the creation of the Office of Tourism,
24147         Trade, and Economic Development; repealing s. 20.18,
24148         F.S., relating to the creation of the Department of
24149         Community Affairs; repealing s. 20.50, F.S., relating
24150         to the creation of the Agency for Workforce
24151         Innovation; repealing 23.22(2), F.S., to conform a
24152         cross-reference; repealing 165.031(6), F.S., which
24153         includes the Department of Community Affairs in a
24154         definition; repealing 165.093, F.S., relating to the
24155         directing of all state and local agencies to cooperate
24156         in administering ch. 165, F.S.; repealing ss. 216.235,
24157         216.236, 216.237, and 216.238, F.S., relating to the
24158         Innovation Investment Program, the selection of review
24159         boards to evaluate innovative investment projects, the
24160         appointment of the State Innovation Committee and
24161         approval of such projects, the funding, recordkeeping,
24162         and reporting for such projects, the establishment by
24163         state agencies of internal innovations funds, and the
24164         adoption of rules by the Department of Management
24165         Services for the program; repealing s. 287.115, F.S.,
24166         relating to a requirement for the Chief Financial
24167         Officer to submit a report on contractual service
24168         contracts disallowed; repealing ss. 288.1221,
24169         288.1222, 288.1223, 288.1224, 288.1227, and 288.1229,
24170         F.S., relating to the Florida Commission on Tourism
24171         and the Florida Tourism Industry Marketing
24172         Corporation; repealing s. 184 288.7011, F.S., relating
24173         to contracts between the Office of Tourism, Trade, and
24174         Economic Development and a certain nonprofit statewide
24175         development corporation; repealing ss. 288.7065,
24176         288.707, 288.708, 288.709, 288.7091, and 288.712,
24177         F.S., relating to the Black Business Investment Board;
24178         repealing s. 288.12295, F.S., relating to a public
24179         records exemption for donors for a direct-support
24180         organization on promotion and development of sports
24181         related industries and amateur athletics; repealing s.
24182         288.90151, F.S., relating to return on investment from
24183         activities of Enterprise Florida, Inc.; repealing s.
24184         288.9415, F.S., relating to Enterprise Florida, Inc.,
24185         and international trade grants; repealing ss. 409.944,
24186         409.945, and 409.946, F.S., relating to the Inner City
24187         Redevelopment Assistance Grants Program, eligibility
24188         criteria for the program, and the membership of the
24189         Inner City Redevelopment Review Panel; repealing s.
24190         943.402, F.S., relating to transfer of the criminal
24191         justice program of the Department of Community Affairs
24192         to the Department of Law Enforcement; repealing s. 42,
24193         ch. 2005-71, and s. 1, ch. 2005-261, Laws of Florida,
24194         relating to the authorization for funding certain
24195         dredging projects, to delete obsolete provisions;
24196         amending s. 220.191, F.S.; waiving the requirement
24197         that a facility located in a Disproportionally
24198         Affected County be in a high-impact sector in order to
24199         qualify for the capital investment tax credit;
24200         amending s. 288.106, F.S.; creating a process for the
24201         Department of Economic Opportunity to waive wage or
24202         local financial support eligibility requirements;
24203         providing a special incentive under the tax refund
24204         program for a limited time for a qualified target
24205         industry business that relocates from another state to
24206         a Disproportionally Affected County; creating s.
24207         252.363, F.S.; tolling and extending the expiration
24208         dates of certain building permits or other
24209         authorizations following the declaration of a state of
24210         emergency by the Governor; providing exceptions;
24211         providing for the laws, administrative rules, and
24212         ordinances in effect when the permit was issued to
24213         apply to activities described in a permit or other
24214         authorization; providing an exception; amending s.
24215         253.02, F.S.; requiring the Board of Trustees of the
24216         Internal Improvement Trust Fund to recommend to the
24217         Legislature whether existing multistate compacts for
24218         mutual aid should be modified or if a new multistate
24219         compact is necessary to address the Deepwater Horizon
24220         event or similar future incidents; requiring that the
24221         Board of Trustees of the Internal Improvement Trust
24222         Fund appoint members to the Commission on Oil Spill
24223         Response Coordination; providing for the designation
24224         of the chair of the commission by the Governor;
24225         requiring the commission to prepare a report for
24226         review and approval by the board of trustees;
24227         specifying the subject matter of the report; providing
24228         for future expiration; defining the term
24229         “Disproportionally Affected County”; creating a
24230         process for the Department of Economic Opportunity to
24231         waive any or all job or wage eligibility requirements
24232         under certain circumstances when in the best interest
24233         of the public; defining the term “Disproportionally
24234         Affected County”; providing an appropriation to the
24235         Department of Economic Opportunity to contract with
24236         the Office of Economic Development and Engagement
24237         within the University of West Florida in order to
24238         develop and implement an economic development program
24239         for a Disproportionally Affected County; specifying a
24240         preference for a Disproportionally Affected County or
24241         municipalities within a Disproportionally Affected
24242         County which provide for expedited or combined
24243         permitting for certain purposes; providing for the
24244         appropriation to be placed in reserve by the Executive
24245         Office of the Governor for release as authorized by
24246         law or the Legislative Budget Commission; defining the
24247         term “Disproportionally Affected County”; providing
24248         for the deposit of funds received by entities involved
24249         in the Deepwater Horizon oil spill into applicable
24250         state trust funds; specifying permissible uses of such
24251         funds; designating the Department of Environmental
24252         Protection as the lead agency for expending funds for
24253         environmental restoration; designating the Department
24254         of Economic Opportunity as the lead agency for funds
24255         designated for economic incentives and diversification
24256         efforts; providing for a type two transfer of the
24257         Florida Energy and Climate Commission within the
24258         Executive Office of the Governor to the Department of
24259         Agriculture and Consumer Services; amending ss.
24260         220.192, 288.9607, 366.82, 366.92, 377.6015, 377.602,
24261         377.603, 377.604, 377.605, 377.606, 377.608, F.S.;
24262         eliminating the Florida Energy and Climate Commission
24263         and transferring its duties to the Department of
24264         Agriculture and Consumer Services; conforming
24265         provisions to changes made by the act; amending s.
24266         377.701; transferring the duties of petroleum
24267         allocation from the Florida Energy and Climate
24268         Commission to the Division of Emergency Management;
24269         amending s. 377.703; conforming provisions to changes
24270         made by the act; transferring energy emergency
24271         contingency plans to the Division of Emergency
24272         Management; providing that the Department of
24273         Management Services shall coordinate the energy
24274         conservation programs of all state agencies;
24275         transferring administration of the Coastal Energy
24276         Impact Program to the Department of Environmental
24277         Protection; amending ss. 377.711, 377.801, 377.803,
24278         377.804, 377.806, 377.807, 377.808, 403.44, 526.207,
24279         570.954, and 1004.648, F.S; conforming provisions to
24280         changes made by the act; amending s. 570.074, F.S.;
24281         providing for the creation of the Office of Energy and
24282         Water within the Department of Agriculture and
24283         Consumer Services; amending chapter 2010-282, Laws of
24284         Florida; conforming provisions to changes made by the
24285         act; authorizing the Department of Agriculture and
24286         Consumer Services to submit a budget amendment for a
24287         fixed capital outlay appropriation for federal energy
24288         grants; providing an effective date.