SB 1996 First Engrossed
20121996e1
1 A bill to be entitled
2 An act relating to the Department of Economic
3 Opportunity; repealing s. 49 of ch. 2011-47, Laws of
4 Florida; abrogating the future expiration of an
5 amendment to s. 163.3247(3)(d), F.S., to nullify the
6 reversion of the text of that paragraph to that in
7 existence on June 30, 2010; repealing s. 51 of ch.
8 2011-47, Laws of Florida; abrogating the future
9 expiration of an amendment to s. 201.15(1)(c)2., F.S.,
10 to nullify the reversion of the text of that
11 subparagraph to that in existence on June 30, 2010;
12 requiring the Auditor General and the Office of
13 Program Policy Analysis and Governmental
14 Accountability to conduct a joint audit and review of
15 the Florida Housing Finance Corporation; amending s.
16 443.036, F.S.; revising the definition of the term
17 “initial skills review” to correct a reference to the
18 agency that approves online education or training
19 programs as the Department of Economic Opportunity
20 rather than the Agency for Workforce Innovation;
21 amending s. 445.009, F.S.; deleting the future
22 expiration of provisions authorizing worker’s
23 compensation coverage for a participant in an adult or
24 youth work experience activity; repealing s. 445.06,
25 F.S., relating to the Florida Ready to Work
26 Certification Program; amending s. 1003.4285, F.S.;
27 deleting a provision that requires a standard high
28 school diploma to include a designation reflecting a
29 Florida Ready to Work Credential, to conform to
30 changes made by the act; directing the Department of
31 Economic Opportunity to prepare draft legislation to
32 conform the Florida Statutes to the provisions of the
33 act; requiring that the department submit the draft
34 legislation to the Governor and the Legislature by a
35 specified date; amending s. 212.20, F.S.; requiring
36 that the Department of Revenue distribute monthly to
37 the Florida Institute of Technology a specified amount
38 for the purpose of operating a space exploration
39 research institute; requiring that the Florida
40 Institute of Technology develop a plan for the space
41 exploration research institute in conjunction with
42 Space Florida; authorizing a local governmental entity
43 that is an independent special district providing
44 certain utility services to reduce its rates by
45 resolution for a specified time for a user that will
46 provide a community benefit; providing effective
47 dates.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Section 49 of chapter 2011-47, Laws of Florida,
52 is repealed.
53 Section 2. Section 51 of chapter 2011-47, Laws of Florida,
54 is repealed.
55 Section 3. The Auditor General and the Office of Program
56 Policy Analysis and Governmental Accountability shall conduct a
57 joint audit and review of the programs and operations of the
58 Florida Housing Finance Corporation, and shall jointly develop a
59 work plan for such audit and review to be submitted to the
60 President of the Senate and the Speaker of the House of
61 Representatives no later than July 1, 2012. The audit and review
62 shall encompass, at a minimum, a review of the corporation’s
63 assets, liabilities, income, and operating expenses, the
64 internal management, financial and operational controls
65 employed, the programmatic decision-making processes used, the
66 governance, direction and oversight provided by the Florida
67 Housing Finance Corporation Board of Directors, and the
68 performance outcomes of the programs administered by the Florida
69 Housing Finance Corporation. The audit and review shall also
70 include formulation of recommendations to the Legislature for
71 changes to the structure, governance and operational processes
72 of the Florida Housing Finance Corporation. Unless otherwise
73 directed in writing jointly by the President of the Senate and
74 the Speaker of the House of Representatives, a written report on
75 the audit and review shall be submitted to the President of the
76 Senate and the Speaker of the House of Representatives no later
77 than December 1, 2012. This section shall be effective upon this
78 act becoming law.
79 Section 4. Subsection (26) of section 443.036, Florida
80 Statutes, is amended to read:
81 443.036 Definitions.—As used in this chapter, the term:
82 (26) “Initial skills review” means an online education or
83 training program, such as that established under s. 1004.99,
84 that is approved by the Department of Economic Opportunity
85 Agency for Workforce Innovation and designed to measure an
86 individual’s mastery level of workplace skills.
87 Section 5. Subsection (11) of section 445.009, Florida
88 Statutes, is amended to read:
89 445.009 One-stop delivery system.—
90 (11) A participant in an adult or youth work experience
91 activity administered under this chapter shall be deemed an
92 employee of the state for purposes of workers’ compensation
93 coverage. In determining the average weekly wage, all
94 remuneration received from the employer shall be considered a
95 gratuity, and the participant is shall not be entitled to any
96 benefits otherwise payable under s. 440.15, regardless of
97 whether the participant may be receiving wages and remuneration
98 from other employment with another employer and regardless of
99 his or her future wage-earning capacity. This subsection expires
100 July 1, 2012.
101 Section 6. Section 445.06, Florida Statutes, is repealed.
102 Section 7. Subsection (4) of section 1003.4285, Florida
103 Statutes, is amended to read:
104 1003.4285 Standard high school diploma designations.—Each
105 standard high school diploma shall include, as applicable:
106 (4) A designation reflecting a Florida Ready to Work
107 Credential in accordance with s. 445.06.
108 Section 8. The Legislature recognizes that there is a need
109 to conform the Florida Statutes to the policy decisions
110 reflected in this act. Therefore, the Department of Economic
111 Opportunity is directed to prepare draft legislation to conform
112 the Florida Statutes to the provisions of this act. The
113 department shall submit the draft legislation to the Governor,
114 the President of the Senate, and the Speaker of the House of
115 Representatives on or before October 1, 2012.
116 Section 9. Paragraph (d) of subsection (6) of section
117 212.20, Florida Statutes, is amended to read:
118 212.20 Funds collected, disposition; additional powers of
119 department; operational expense; refund of taxes adjudicated
120 unconstitutionally collected.—
121 (6) Distribution of all proceeds under this chapter and s.
122 202.18(1)(b) and (2)(b) shall be as follows:
123 (d) The proceeds of all other taxes and fees imposed
124 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
125 and (2)(b) shall be distributed as follows:
126 1. In any fiscal year, the greater of $500 million, minus
127 an amount equal to 4.6 percent of the proceeds of the taxes
128 collected pursuant to chapter 201, or 5.2 percent of all other
129 taxes and fees imposed pursuant to this chapter or remitted
130 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
131 monthly installments into the General Revenue Fund.
132 2. After the distribution under subparagraph 1., 8.814
133 percent of the amount remitted by a sales tax dealer located
134 within a participating county pursuant to s. 218.61 shall be
135 transferred into the Local Government Half-cent Sales Tax
136 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
137 transferred shall be reduced by 0.1 percent, and the department
138 shall distribute this amount to the Public Employees Relations
139 Commission Trust Fund less $5,000 each month, which shall be
140 added to the amount calculated in subparagraph 3. and
141 distributed accordingly.
142 3. After the distribution under subparagraphs 1. and 2.,
143 0.095 percent shall be transferred to the Local Government Half
144 cent Sales Tax Clearing Trust Fund and distributed pursuant to
145 s. 218.65.
146 4. After the distributions under subparagraphs 1., 2., and
147 3., 2.0440 percent of the available proceeds shall be
148 transferred monthly to the Revenue Sharing Trust Fund for
149 Counties pursuant to s. 218.215.
150 5. After the distributions under subparagraphs 1., 2., and
151 3., 1.3409 percent of the available proceeds shall be
152 transferred monthly to the Revenue Sharing Trust Fund for
153 Municipalities pursuant to s. 218.215. If the total revenue to
154 be distributed pursuant to this subparagraph is at least as
155 great as the amount due from the Revenue Sharing Trust Fund for
156 Municipalities and the former Municipal Financial Assistance
157 Trust Fund in state fiscal year 1999-2000, no municipality shall
158 receive less than the amount due from the Revenue Sharing Trust
159 Fund for Municipalities and the former Municipal Financial
160 Assistance Trust Fund in state fiscal year 1999-2000. If the
161 total proceeds to be distributed are less than the amount
162 received in combination from the Revenue Sharing Trust Fund for
163 Municipalities and the former Municipal Financial Assistance
164 Trust Fund in state fiscal year 1999-2000, each municipality
165 shall receive an amount proportionate to the amount it was due
166 in state fiscal year 1999-2000.
167 6. Of the remaining proceeds:
168 a. In each fiscal year, the sum of $29,915,500 shall be
169 divided into as many equal parts as there are counties in the
170 state, and one part shall be distributed to each county. The
171 distribution among the several counties must begin each fiscal
172 year on or before January 5th and continue monthly for a total
173 of 4 months. If a local or special law required that any moneys
174 accruing to a county in fiscal year 1999-2000 under the then
175 existing provisions of s. 550.135 be paid directly to the
176 district school board, special district, or a municipal
177 government, such payment must continue until the local or
178 special law is amended or repealed. The state covenants with
179 holders of bonds or other instruments of indebtedness issued by
180 local governments, special districts, or district school boards
181 before July 1, 2000, that it is not the intent of this
182 subparagraph to adversely affect the rights of those holders or
183 relieve local governments, special districts, or district school
184 boards of the duty to meet their obligations as a result of
185 previous pledges or assignments or trusts entered into which
186 obligated funds received from the distribution to county
187 governments under then-existing s. 550.135. This distribution
188 specifically is in lieu of funds distributed under s. 550.135
189 before July 1, 2000.
190 b. The department shall distribute $166,667 monthly
191 pursuant to s. 288.1162 to each applicant certified as a
192 facility for a new or retained professional sports franchise
193 pursuant to s. 288.1162. Up to $41,667 shall be distributed
194 monthly by the department to each certified applicant as defined
195 in s. 288.11621 for a facility for a spring training franchise.
196 However, not more than $416,670 may be distributed monthly in
197 the aggregate to all certified applicants for facilities for
198 spring training franchises. Distributions begin 60 days after
199 such certification and continue for not more than 30 years,
200 except as otherwise provided in s. 288.11621. A certified
201 applicant identified in this sub-subparagraph may not receive
202 more in distributions than expended by the applicant for the
203 public purposes provided for in s. 288.1162(5) or s.
204 288.11621(3).
205 c. Beginning 30 days after notice by the Department of
206 Economic Opportunity to the Department of Revenue that an
207 applicant has been certified as the professional golf hall of
208 fame pursuant to s. 288.1168 and is open to the public, $166,667
209 shall be distributed monthly, for up to 300 months, to the
210 applicant.
211 d. Beginning 30 days after notice by the Department of
212 Economic Opportunity to the Department of Revenue that the
213 applicant has been certified as the International Game Fish
214 Association World Center facility pursuant to s. 288.1169, and
215 the facility is open to the public, $83,333 shall be distributed
216 monthly, for up to 168 months, to the applicant. This
217 distribution is subject to reduction pursuant to s. 288.1169. A
218 lump sum payment of $999,996 shall be made, after certification
219 and before July 1, 2000.
220 e. Beginning 30 days after notice by the Department of
221 Economic Opportunity to the Department of Revenue that the
222 Department of Economic Opportunity has approved a plan developed
223 by the Florida Institute of Technology for establishing a space
224 exploration research institute, the department must distribute
225 $416,666 monthly to the Florida Institute of Technology for the
226 purpose of operating a space exploration research institute.
227 This amount represents sales and use taxes generated by visitor
228 activity at the Kennedy Space Center and the Cape Canaveral Air
229 Force Station. The Florida Institute of Technology shall develop
230 a plan for the space exploration research institute in
231 conjunction with Space Florida.
232 7. All other proceeds must remain in the General Revenue
233 Fund.
234 Section 10. If the governing body of a local governmental
235 entity existing as an independent special district that provides
236 water, wastewater, and sanitation services in a county having a
237 population of fewer than 600,000 determines that a new user or
238 the expansion of an existing user of one or more of its utility
239 systems will provide a significant benefit to the community in
240 terms of increased job opportunities, economies of scale, or
241 economic development in the area, the governing body may
242 authorize a reduction of its rates, fees, or charges for that
243 user for a specified period of time. A governing body that
244 exercises this power must do so by resolution that states the
245 anticipated economic benefit justifying the reduction as well as
246 the period of time that the reduction remains in place.
247 Section 11. Except as otherwise expressly provided in this
248 act, this act shall take effect July 1, 2012.