Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1024
                                Barcode 284028                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2013           .                                

       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Latvala) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Economic Development Programs Evaluation.—The
    6  Office of Economic and Demographic Research and the Office of
    7  Program Policy Analysis and Government Accountability (OPPAGA)
    8  shall develop and present to the Governor, the President of the
    9  Senate, the Speaker of the House of Representatives, and the
   10  chairs of the legislative appropriations committees the Economic
   11  Development Programs Evaluation.
   12         (1) The Office of Economic and Demographic Research and
   13  OPPAGA shall coordinate the development of a work plan for
   14  completing the Economic Development Programs Evaluation and
   15  shall submit the work plan to the President of the Senate and
   16  the Speaker of the House of Representatives by July 1, 2013.
   17         (2) The Office of Economic and Demographic Research and
   18  OPPAGA shall provide a detailed analysis of economic development
   19  programs as provided in the following schedule:
   20         (a) By January 1, 2014, and every 3 years thereafter, an
   21  analysis of the following:
   22         1. The capital investment tax credit established under s.
   23  220.191, Florida Statutes.
   24         2. The qualified target industry tax refund established
   25  under s. 288.106, Florida Statutes.
   26         3. The brownfield redevelopment bonus refund established
   27  under s. 288.107, Florida Statutes.
   28         4. High-impact business performance grants established
   29  under s. 288.108, Florida Statutes.
   30         5.The Quick Action Closing Fund established under s.
   31  288.1088, Florida Statutes.
   32         6. The Innovation Incentive Program established under s.
   33  288.1089, Florida Statutes.
   34         7. Enterprise Zone Program incentives established under ss.
   35  212.08(5), 212.08(15), 212.096, 220.181, and 220.182, Florida
   36  Statutes.
   37         (b) By January 1, 2015, and every 3 years thereafter, an
   38  analysis of the following:
   39         1. The entertainment industry financial incentive program
   40  established under s. 288.1254, Florida Statutes.
   41         2. The entertainment industry sales tax exemption program
   42  established under s. 288.1258, Florida Statutes.
   43         3. VISIT Florida and its programs established or funded
   44  under ss. 288.122, 288.1226, 288.12265, and 288.124, Florida
   45  Statutes.
   46         4. The Florida Sports Foundation and related programs
   47  established under ss. 288.1162, 288.11621, 288.1166, 288.1167,
   48  288.1168, 288.1169, and 288.1171, Florida Statutes.
   49         (c) By January 1, 2016, and every 3 years thereafter, an
   50  analysis of the following:
   51         1. The qualified defense contractor and space flight
   52  business tax refund program established under s. 288.1045,
   53  Florida Statutes.
   54         2. The tax exemption for semiconductor, defense, or space
   55  technology sales established under s. 212.08(5)(j), Florida
   56  Statutes.
   57         3. The Military Base Protection Program established under
   58  s. 288.980, Florida Statutes.
   59         4. The Manufacturing and Spaceport Investment Incentive
   60  Program established under s. 288.1083, Florida Statutes.
   61         5. The Quick Response Training Program established under s.
   62  288.047, Florida Statutes.
   63         6. The Incumbent Worker Training Program established under
   64  s. 445.003, Florida Statutes.
   65         7. International trade and business development programs
   66  established or funded under s. 288.826, Florida Statutes.
   67         (3) Pursuant to the schedule established in subsection (2),
   68  the Office of Economic and Demographic Research shall evaluate
   69  and determine the economic benefits, as defined in s. 288.005,
   70  Florida Statutes, of each program over the previous 3 years. The
   71  analysis must also evaluate the number of jobs created, the
   72  increase or decrease in personal income, and the impact on state
   73  gross domestic product from the direct, indirect, and induced
   74  effects of the state’s investment in each program over the
   75  previous 3 years.
   76         (a) For the purpose of evaluating tax credits, tax refunds,
   77  sales tax exemptions, cash grants, and similar programs, the
   78  Office of Economic and Demographic Research shall evaluate data
   79  only from those projects in which businesses received state
   80  funds during the evaluation period. Such projects may be fully
   81  completed, partially completed with future fund disbursal
   82  possible pending performance measures, or partially completed
   83  with no future fund disbursal possible as a result of a
   84  business’s inability to meet performance measures.
   85         (b) The analysis must use the model developed by the Office
   86  of Economic and Demographic Research, as required in s. 216.138,
   87  Florida Statutes, to evaluate each program. The office shall
   88  provide a written explanation of the key assumptions of the
   89  model and how it is used. If the office finds that another
   90  evaluation model is more appropriate to evaluate a program, it
   91  may use another model, but it must provide an explanation as to
   92  why the selected model was more appropriate.
   93         (4) Pursuant to the schedule established in subsection (2),
   94  OPPAGA shall evaluate each program over the previous 3 years for
   95  its effectiveness and value to the taxpayers of this state and
   96  include recommendations on each program for consideration by the
   97  Legislature. The analysis may include relevant economic
   98  development reports or analyses prepared by the Department of
   99  Economic Opportunity, Enterprise Florida, Inc., or local or
  100  regional economic development organizations; interviews with the
  101  parties involved; or any other relevant data.
  102         (5) The Office of Economic and Demographic Research and
  103  OPPAGA must be given access to all data necessary to complete
  104  the Economic Development Programs Evaluation, including any
  105  confidential data. The offices may collaborate on data
  106  collection and analysis.
  107         Section 2. Subsection (10) of section 20.60, Florida
  108  Statutes, is amended to read:
  109         20.60 Department of Economic Opportunity; creation; powers
  110  and duties.—
  111         (10) The department, with assistance from Enterprise
  112  Florida, Inc., shall, by November 1 January 1 of each year,
  113  submit an annual report to the Governor, the President of the
  114  Senate, and the Speaker of the House of Representatives on the
  115  condition of the business climate and economic development in
  116  the state.
  117         (a) The report must shall include the identification of
  118  problems and a prioritized list of recommendations.
  119         (b) The report must incorporate annual reports of other
  120  programs, including:
  121         1. The displaced homemaker program established under s.
  122  446.50.
  123         2. Information provided by the Department of Revenue under
  124  s. 290.014.
  125         3. Information provided by enterprise zone development
  126  agencies under s. 290.0056 and an analysis of the activities and
  127  accomplishments of each enterprise zone.
  128         4. The Economic Gardening Business Loan Pilot Program
  129  established under s. 288.1081 and the Economic Gardening
  130  Technical Assistance Pilot Program established under s.
  131  288.1082.
  132         5. A detailed report of the performance of the Black
  133  Business Loan Program and a cumulative summary of quarterly
  134  report data required under s. 288.714.
  135         6. The Rural Economic Development Initiative established
  136  under s. 288.0656.
  137         Section 3. Paragraph (c) of subsection (1) of section
  138  201.15, Florida Statutes, is amended to read:
  139         201.15 Distribution of taxes collected.—All taxes collected
  140  under this chapter are subject to the service charge imposed in
  141  s. 215.20(1). Prior to distribution under this section, the
  142  Department of Revenue shall deduct amounts necessary to pay the
  143  costs of the collection and enforcement of the tax levied by
  144  this chapter. Such costs and the service charge may not be
  145  levied against any portion of taxes pledged to debt service on
  146  bonds to the extent that the costs and service charge are
  147  required to pay any amounts relating to the bonds. After
  148  distributions are made pursuant to subsection (1), all of the
  149  costs of the collection and enforcement of the tax levied by
  150  this chapter and the service charge shall be available and
  151  transferred to the extent necessary to pay debt service and any
  152  other amounts payable with respect to bonds authorized before
  153  January 1, 2013, secured by revenues distributed pursuant to
  154  subsection (1). All taxes remaining after deduction of costs and
  155  the service charge shall be distributed as follows:
  156         (1) Sixty-three and thirty-one hundredths percent of the
  157  remaining taxes shall be used for the following purposes:
  158         (c) After the required payments under paragraphs (a) and
  159  (b), the remainder shall be paid into the State Treasury to the
  160  credit of:
  161         1. The State Transportation Trust Fund in the Department of
  162  Transportation in the amount of the lesser of 38.2 percent of
  163  the remainder or $541.75 million in each fiscal year. Out of
  164  such funds, the first $50 million for the 2012-2013 fiscal year;
  165  $65 million for the 2013-2014 fiscal year; and $75 million for
  166  the 2014-2015 fiscal year and all subsequent years, shall be
  167  transferred to the State Economic Enhancement and Development
  168  Trust Fund within the Department of Economic Opportunity. The
  169  remainder is to be used for the following specified purposes,
  170  notwithstanding any other law to the contrary:
  171         a. For the purposes of capital funding for the New Starts
  172  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  173  specified in s. 341.051, 10 percent of these funds;
  174         b. For the purposes of the Small County Outreach Program
  175  specified in s. 339.2818, 5 percent of these funds. Effective
  176  July 1, 2014, the percentage allocated under this sub
  177  subparagraph shall be increased to 10 percent;
  178         c. For the purposes of the Strategic Intermodal System
  179  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  180  of these funds after allocating for the New Starts Transit
  181  Program described in sub-subparagraph a. and the Small County
  182  Outreach Program described in sub-subparagraph b.; and
  183         d. For the purposes of the Transportation Regional
  184  Incentive Program specified in s. 339.2819, 25 percent of these
  185  funds after allocating for the New Starts Transit Program
  186  described in sub-subparagraph a. and the Small County Outreach
  187  Program described in sub-subparagraph b. Effective July 1, 2014,
  188  the first $60 million of the funds allocated pursuant to this
  189  sub-subparagraph shall be allocated annually to the Florida Rail
  190  Enterprise for the purposes established in s. 341.303(5).
  191         2. The Grants and Donations Trust Fund in the Department of
  192  Economic Opportunity in the amount of the lesser of .23 percent
  193  of the remainder or $3.25 million in each fiscal year to fund
  194  technical assistance to local governments and school boards on
  195  the requirements and implementation of this act.
  196         3. The Ecosystem Management and Restoration Trust Fund in
  197  the amount of the lesser of 2.12 percent of the remainder or $30
  198  million in each fiscal year, to be used for the preservation and
  199  repair of the state’s beaches as provided in ss. 161.091
  200  161.212.
  201         4. General Inspection Trust Fund in the amount of the
  202  lesser of .02 percent of the remainder or $300,000 in each
  203  fiscal year to be used to fund oyster management and restoration
  204  programs as provided in s. 379.362(3).
  206  Moneys distributed pursuant to this paragraph may not be pledged
  207  for debt service unless such pledge is approved by referendum of
  208  the voters.
  209         Section 4. Paragraph (bb) is added to subsection (8) of
  210  section 213.053, Florida Statutes, to read:
  211         213.053 Confidentiality and information sharing.—
  212         (8) Notwithstanding any other provision of this section,
  213  the department may provide:
  214         (bb) Information to the director of the Office of Program
  215  Policy Analysis and Government Accountability or his or her
  216  authorized agent, and to the coordinator of the Office of
  217  Economic and Demographic Research or his or her authorized
  218  agent, for purposes of completing the Economic Development
  219  Programs Evaluation. Information obtained from the department
  220  pursuant to this paragraph may be shared by the director and the
  221  coordinator, or the director’s or coordinator’s authorized
  222  agent, for purposes of completing the Economic Development
  223  Programs Evaluation.
  225  Disclosure of information under this subsection shall be
  226  pursuant to a written agreement between the executive director
  227  and the agency. Such agencies, governmental or nongovernmental,
  228  shall be bound by the same requirements of confidentiality as
  229  the Department of Revenue. Breach of confidentiality is a
  230  misdemeanor of the first degree, punishable as provided by s.
  231  775.082 or s. 775.083.
  232         Section 5. Subsection (9) of section 220.194, Florida
  233  Statutes, is amended to read:
  234         220.194 Corporate income tax credits for spaceflight
  235  projects.—
  236         (9) ANNUAL REPORT.—Beginning in 2014, the Department of
  237  Economic Opportunity, in cooperation with Space Florida and the
  238  department, shall include in the submit an annual incentives
  239  report required under s. 288.907 a summary of summarizing
  240  activities relating to the Florida Space Business Incentives Act
  241  established under this section to the Governor, the President of
  242  the Senate, and the Speaker of the House of Representatives by
  243  each November 30.
  244         Section 6. Section 288.001, Florida Statutes, is amended to
  245  read:
  246         288.001 The Florida Small Business Development Center
  247  Network; purpose.—
  248         (1) PURPOSE.—The Florida Small Business Development Center
  249  Network is the principal business assistance organization for
  250  small businesses in the state. The purpose of the network is to
  251  serve emerging and established for-profit, privately held
  252  businesses that maintain a place of business in the state.
  253         (2)DEFINITIONS.—As used in this section, the term:
  254         (a) “Board of Governors” is the Board of Governors of the
  255  State University System.
  256         (b) “Host institution” is the university designated by the
  257  Board of Governors to be the recipient organization in
  258  accordance with 13 C.F.R. s. 130.200.
  259         (c) “Network” means the Florida Small Business Development
  260  Center Network.
  262         (a)The network’s statewide director shall operate the
  263  network in compliance with the federal laws and regulations
  264  governing the network and the Board of Governors Regulation
  265  10.015.
  266         (b)The network’s statewide director shall consult with the
  267  Board of Governors, the department, and the network’s statewide
  268  advisory board to ensure that the network’s policies and
  269  programs align with the statewide goals of the State University
  270  System and the statewide strategic economic development plan as
  271  provided under s. 20.60.
  272         (4) STATEWIDE ADVISORY BOARD.—
  273         (a)The network shall maintain a statewide advisory board
  274  to advise, counsel, and confer with the statewide director on
  275  matters pertaining to the operation of the network.
  276         (b) The statewide advisory board shall consist of 19
  277  members from across the state. At least 12 members must be
  278  representatives of the private sector who are knowledgeable of
  279  the needs and challenges of small businesses. The members must
  280  represent various segments and industries of the economy in this
  281  state and must bring knowledge and skills to the statewide
  282  advisory board which would enhance the board’s collective
  283  knowledge of small business assistance needs and challenges.
  284  Minority and gender representation must be considered when
  285  making appointments to the board. The board must include the
  286  following members:
  287         1.Three members appointed from the private sector by the
  288  President of the Senate.
  289         2.Three members appointed from the private sector by the
  290  Speaker of the House of Representatives.
  291         3.Three members appointed from the private sector by the
  292  Governor.
  293         4.Three members appointed from the private sector by the
  294  network’s statewide director.
  295         5.One member appointed by the host institution.
  296         6.The President of Enterprise Florida, Inc., or his or her
  297  designee.
  298         7.The Chief Financial Officer or his or her designee.
  299         8.The President of the Florida Chamber of Commerce or his
  300  or her designee.
  301         9.The Small Business Development Center Project Officer
  302  from the U.S. Small Business Administration at the South Florida
  303  District Office or his or her designee.
  304         10.The executive director of the National Federation of
  305  Independent Businesses, Florida, or his or her designee.
  306         11.The executive director of the Florida United Business
  307  Association or his or her designee.
  308         (c)The term of an appointed member shall be for 4 years,
  309  beginning August 1, 2013, except that at the time of initial
  310  appointments, two members appointed by the Governor, one member
  311  appointed by the President of the Senate, one member appointed
  312  by the Speaker of the House of Representatives, and one member
  313  appointed by the network’s statewide director shall be appointed
  314  for 2 years. An appointed member may be reappointed to a
  315  subsequent term. Members of the statewide advisory board may not
  316  receive compensation but may be reimbursed for per diem and
  317  travel expenses in accordance with s. 112.061.
  319         (a) The statewide director, in consultation with the
  320  advisory board, shall develop support services that are
  321  delivered through regional small business development centers.
  322  Support services must target the needs of businesses that employ
  323  fewer than 100 persons and demonstrate an assessed capacity to
  324  grow in employment or revenue.
  325         (b) Support services must include, but need not be limited
  326  to, providing information or research, consulting, educating, or
  327  assisting businesses in the following activities:
  328         1. Planning related to the start-up, operation, or
  329  expansion of a small business enterprise in this state. Such
  330  activities include providing guidance on business formation,
  331  structure, management, registration, regulation, and taxes.
  332         2. Developing and implementing strategic or business plans.
  333  Such activities include analyzing a business’s mission, vision,
  334  strategies, and goals; critiquing the overall plan; and creating
  335  performance measures.
  336         3. Developing the financial literacy of existing businesses
  337  related to their business cash flow and financial management
  338  plans. Such activities include conducting financial analysis
  339  health checks, assessing cost control management techniques, and
  340  building financial management strategies and solutions.
  341         4. Developing and implementing plans for existing
  342  businesses to access or expand to new or existing markets. Such
  343  activities include conducting market research, researching and
  344  identifying expansion opportunities in international markets,
  345  and identifying opportunities in selling to units of government.
  346         5. Supporting access to capital for business investment and
  347  expansion. Such activities include providing technical
  348  assistance relating to obtaining surety bonds; identifying and
  349  assessing potential debt or equity investors or other financing
  350  opportunities; assisting in the preparation of applications,
  351  projections, or pro forma or other support documentation for
  352  surety bond, loan, financing, or investment requests; and
  353  facilitating conferences with lenders or investors.
  354         6. Assisting existing businesses to plan for a natural or
  355  man-made disaster, and assisting businesses when such an event
  356  occurs. Such activities include creating business continuity and
  357  disaster plans, preparing disaster and bridge loan applications,
  358  and carrying out other emergency support functions.
  359         (c)A business receiving support services must agree to
  360  participate in assessments of such services. The agreement, at a
  361  minimum, must request the business to report demographic
  362  characteristics, changes in employment and sales, debt and
  363  equity capital attained, and government contracts acquired. The
  364  host institution may require additional reporting requirements
  365  for funding described in subsection (7).
  366         (6)REQUIRED MATCH.—The network must provide a match equal
  367  to the total amount of any direct legislative appropriation
  368  which is received directly by the host institution and is
  369  specifically designated for the network. The match may include
  370  funds from federal or other nonstate funding sources designated
  371  for the network. At least 50 percent of the match must be cash.
  372  The remaining 50 percent may be provided through any allowable
  373  combination of additional cash, in-kind contributions, or
  374  indirect costs.
  378         (a) The statewide director, in coordination with the host
  379  institution, shall establish a pay-per-performance incentive for
  380  regional small business development centers. Such incentive
  381  shall be funded from half of any state appropriation received
  382  directly by the host institution, which appropriation is
  383  specifically designated for the network. These funds shall be
  384  distributed to the regional small business development centers
  385  based upon data collected from the businesses as provided under
  386  paragraph (5)(c). The distribution formula must provide for the
  387  distribution of funds in part on the gross number of jobs
  388  created annually by each center and in part on the number of
  389  jobs created per support service hour. The pay-per-performance
  390  incentive must supplement the operations and support services of
  391  each regional small business development center, and may not
  392  reduce matching funds dedicated to the regional small business
  393  development center.
  394         (b) Half of any state funds received directly by the host
  395  institution which are specifically designated for the network
  396  shall be distributed by the statewide director, in coordination
  397  with the advisory board, for the following purposes:
  398         1. Ensuring that support services are available statewide,
  399  especially in underserved and rural areas of the state, to
  400  assist eligible businesses;
  401         2. Enhancing participation in the network among state
  402  universities and colleges; and
  403         3. Facilitating the adoption of innovative small business
  404  assistance best practices by the regional small business
  405  development centers.
  406         (c) The statewide director, in coordination with the
  407  advisory board, shall develop annual programs to distribute
  408  funds for each of the purposes described in paragraph (b). The
  409  network shall announce the annual amount of available funds for
  410  each program, performance expectations, and other requirements.
  411  For each program, the statewide director shall present
  412  applications and recommendations to the advisory board. The
  413  advisory board shall make the final approval of applications.
  414  Approved applications must be publicly posted. At a minimum,
  415  programs must include:
  416         1. New regional small business development centers; and
  417         2. Awards for the top six regional small business
  418  development centers that adopt best practices, as determined by
  419  the advisory board. Detailed information about best practices
  420  must be made available to regional small business development
  421  centers for voluntary implementation.
  422         (d) A regional small business development center that has
  423  been found by the statewide director to perform poorly, to
  424  engage in improper activity affecting the operation and
  425  integrity of the network, or to fail to follow the rules and
  426  procedures set forth in the laws, regulations, and policies
  427  governing the network, is not eligible for funds under this
  428  subsection.
  429         (e) Funds awarded under this subsection may not reduce
  430  matching funds dedicated to the regional small business
  431  development centers.
  432         (8) REPORTING.—
  433         (a) The statewide director shall quarterly update the Board
  434  of Governors, the department, and the advisory board on the
  435  network’s progress and outcomes, including aggregate information
  436  on businesses assisted by the network.
  437         (b) The statewide director, in coordination with the
  438  advisory board, shall annually report, on June 30, to the
  439  President of the Senate and the Speaker of the House of
  440  Representatives on the network’s progress and outcomes for the
  441  previous fiscal year. The report must include aggregate
  442  information on businesses assisted by the network, network
  443  services and programs, the use of funds specifically dedicated
  444  to the network, and the network’s economic benefit to the state.
  445  The report must contain specific information on performance
  446  based metrics and contain the methodology used to calculate the
  447  network’s economic benefit to the state.
  448         Section 7. Subsection (4) is added to section 288.005,
  449  Florida Statutes, to read:
  450         288.005 Definitions.—As used in this chapter, the term:
  451         (4) “Jobs” means full-time equivalent positions, including,
  452  but not limited to, positions obtained from a temporary
  453  employment agency or employee leasing company or through a union
  454  agreement or coemployment under a professional employer
  455  organization agreement, which result directly from a project in
  456  this state. This number does not include temporary construction
  457  jobs involved with the construction of facilities for the
  458  project.
  459         Section 8. Subsection (3) of section 288.012, Florida
  460  Statutes, is amended to read:
  461         288.012 State of Florida international offices; state
  462  protocol officer; protocol manual.—The Legislature finds that
  463  the expansion of international trade and tourism is vital to the
  464  overall health and growth of the economy of this state. This
  465  expansion is hampered by the lack of technical and business
  466  assistance, financial assistance, and information services for
  467  businesses in this state. The Legislature finds that these
  468  businesses could be assisted by providing these services at
  469  State of Florida international offices. The Legislature further
  470  finds that the accessibility and provision of services at these
  471  offices can be enhanced through cooperative agreements or
  472  strategic alliances between private businesses and state, local,
  473  and international governmental entities.
  474         (3) By October 1 of each year, Each international office
  475  shall annually submit to Enterprise Florida, Inc., the
  476  department a complete and detailed report on its activities and
  477  accomplishments during the previous preceding fiscal year for
  478  inclusion in the annual report required under s. 288.906. In the
  479  a format and by the annual date prescribed provided by
  480  Enterprise Florida, Inc., the report must set forth information
  481  on:
  482         (a) The number of Florida companies assisted.
  483         (b) The number of inquiries received about investment
  484  opportunities in this state.
  485         (c) The number of trade leads generated.
  486         (d) The number of investment projects announced.
  487         (e) The estimated U.S. dollar value of sales confirmations.
  488         (f) The number of representation agreements.
  489         (g) The number of company consultations.
  490         (h) Barriers or other issues affecting the effective
  491  operation of the office.
  492         (i) Changes in office operations which are planned for the
  493  current fiscal year.
  494         (j) Marketing activities conducted.
  495         (k) Strategic alliances formed with organizations in the
  496  country in which the office is located.
  497         (l) Activities conducted with Florida’s other international
  498  offices.
  499         (m) Any other information that the office believes would
  500  contribute to an understanding of its activities.
  501         Section 9. Section 288.061, Florida Statutes, is amended to
  502  read:
  503         288.061 Economic development incentive application
  504  process.—
  505         (1) Upon receiving a submitted economic development
  506  incentive application, the Division of Strategic Business
  507  Development of the Department of Economic Opportunity and
  508  designated staff of Enterprise Florida, Inc., shall review the
  509  application to ensure that the application is complete, whether
  510  and what type of state and local permits may be necessary for
  511  the applicant’s project, whether it is possible to waive such
  512  permits, and what state incentives and amounts of such
  513  incentives may be available to the applicant. The department
  514  shall recommend to the executive director to approve or
  515  disapprove an applicant business. If review of the application
  516  demonstrates that the application is incomplete, the executive
  517  director shall notify the applicant business within the first 5
  518  business days after receiving the application.
  519         (2) Beginning July 1, 2013, the department shall review and
  520  evaluate each economic development incentive application for the
  521  economic benefits of the proposed award of state incentives
  522  proposed for the project. The term “economic benefits” has the
  523  same meaning as in s. 288.005. The Office of Economic and
  524  Demographic Research shall review and evaluate the methodology
  525  and model used to calculate the economic benefits. For purposes
  526  of this requirement, an amended definition of economic benefits
  527  may be developed in conjunction with the Office of Economic and
  528  Demographic Research. The Office of Economic and Demographic
  529  Research shall report on the methodology and model by September
  530  1, 2013, and every third year thereafter, to the President of
  531  the Senate and the Speaker of the House of Representatives.
  532         (3)(2) Within 10 business days after the department
  533  receives the submitted economic development incentive
  534  application, the executive director shall approve or disapprove
  535  the application and issue a letter of certification to the
  536  applicant which includes a justification of that decision,
  537  unless the business requests an extension of that time.
  538         (a) The contract or agreement with the applicant must shall
  539  specify the total amount of the award, the performance
  540  conditions that must be met to obtain the award, the schedule
  541  for payment, and sanctions that would apply for failure to meet
  542  performance conditions. The department may enter into one
  543  agreement or contract covering all of the state incentives that
  544  are being provided to the applicant. The contract must provide
  545  that release of funds is contingent upon sufficient
  546  appropriation of funds by the Legislature.
  547         (b) The release of funds for the incentive or incentives
  548  awarded to the applicant depends upon the statutory requirements
  549  of the particular incentive program, except as provided in
  550  subsection (4).
  551         (4)(a)In order to receive an incentive under s. 288.1088
  552  or s. 288.1089, an applicant must provide the department with a
  553  surety bond, issued by an insurer authorized to do business in
  554  this state, for the amount of the award under the incentive
  555  contract or agreement. Funds may not be paid to an applicant
  556  until the department certifies compliance with this subsection.
  557         1. The contract or agreement must provide that the bond
  558  remain in effect until all performance conditions in the
  559  contract or agreement have been satisfied. The department may
  560  require the bond to cover the entire amount of the contract or
  561  agreement or allow for a bond to be renewed upon the completion
  562  of scheduled performance measurements specified in the contract
  563  or agreement. The contract or agreement must provide that the
  564  release of any funds is contingent upon receipt by the
  565  department of the surety bond.
  566         2.The contract or agreement must provide that up to half
  567  of the premium payment on the surety bond may be paid from the
  568  award amount, not to exceed 3 percent of the award.
  569         3. The applicant shall notify the department at least 10
  570  days before each premium payment is due.
  571         4. Any notice of cancellation or nonrenewal issued by an
  572  insurer must comply with the notice requirements of s. 626.9201.
  573  If the applicant receives a notice of cancellation or
  574  nonrenewal, the applicant must immediately notify the
  575  department.
  576         5.The cancellation of the surety bond is a violation of
  577  the contract or agreement between the applicant and the
  578  department. The department is released from any obligation to
  579  make future scheduled payments unless the applicant is able to
  580  secure a new surety bond or comply with the requirements of
  581  paragraphs (b) and (c) within 90 days before the effective date
  582  of the cancellation.
  583         (b) If an applicant is unable to secure a surety bond or
  584  can demonstrate that obtaining a bond is unreasonable in cost,
  585  the department may waive the requirements specified in paragraph
  586  (a) by certifying in writing to the Governor, President of the
  587  Senate, and Speaker of the House of Representatives the
  588  following information:
  589         1.An explanation stating the reasons why the applicant
  590  could not obtain a bond, to the extent such information is not
  591  confidential under s. 288.075;
  592         2. A description of the economic benefits expected to be
  593  generated by the incentive award which indicates that the
  594  project warrants waiver of the requirement; and
  595         3. An evaluation of the quality and value of the applicant
  596  which supports the selection of the alternative securitization
  597  under paragraph (c). The department’s evaluation must consider
  598  the following information when determining the form for securing
  599  the award amount:
  600         a. A financial analysis of the company, including an
  601  evaluation of the company’s short-term liquidity ratio as
  602  measured by its assets to liability, the company’s profitability
  603  ratio, and the company’s long-term solvency as measured by its
  604  debt-to-equity ratio;
  605         b. The historical market performance of the company;
  606         c. Any independent evaluations of the company;
  607         d. The latest audit of the company’s financial statement
  608  and the related auditor’s management letter; and
  609         e. Any other types of reports that are related to the
  610  internal controls or management of the company.
  611         (c)1. If the department grants a waiver under paragraph
  612  (b), the incentives contract or agreement must provide for
  613  securing the award amount in one of the following forms:
  614         a. An irrevocable letter of credit issued by a financial
  615  institution, as defined in s. 655.005;
  616         b. Cash or securities held in trust by a financial
  617  institution, as defined in s. 655.005, and subject to a control
  618  agreement; or
  619         c. A secured transaction in collateral under the control or
  620  possession of the applicant for the value of the award amount.
  621  The department is authorized to negotiate the terms and
  622  conditions of the security agreement.
  623         2.The contract or agreement must provide that the release
  624  of any funds is contingent upon the receipt of documentation by
  625  the department which satisfies all of the requirements found in
  626  this paragraph. Funds may not be paid to the applicant until the
  627  department certifies compliance with this subsection.
  628         3.The irrevocable letter of credit, trust, or security
  629  agreement must remain in effect until all performance conditions
  630  specified in the contract or agreement have been satisfied.
  631  Failure to comply with this provision results in a violation of
  632  the contract or agreement between the applicant and the
  633  department and releases the department from any obligation to
  634  make future scheduled payments.
  635         (d) The department may waive the requirements of paragraphs
  636  (a) through (c) by certifying to the Governor and the chair and
  637  vice chair of the Legislative Budget Commission the following
  638  information:
  639         1. The applicant demonstrates the financial ability to
  640  fulfill the requirements of the contract and has submitted an
  641  independently audited financial statement for the previous 5
  642  years;
  643         2. If applicable, the applicant was previously a recipient
  644  of an incentive under an economic development program, was
  645  subject to clawback requirements, and timely complied with those
  646  provisions; and
  647         3. The department has determined that waiver of the
  648  requirements of paragraphs (a) through (c) is in the best
  649  interest of the state.
  650         (e) For waivers granted under paragraph (d), the department
  651  shall provide a written description and evaluation of the waiver
  652  to the chair and vice chair of the Legislative Budget
  653  Commission. Such information may be provided at the same time
  654  that the information for the project consultation is provided to
  655  the Legislative Budget Commission under s. 288.1088 or s.
  656  288.1089. If the chair or vice chair of the Legislative Budget
  657  Commission timely advises the department that such action or
  658  proposed action exceeds delegated authority or is contrary to
  659  legislative policy or intent, the department shall void the
  660  waiver until the Legislative Budget Commission or the
  661  Legislature addresses the issue. A waiver granted by the
  662  department for any project exceeding $5 million must be approved
  663  by the Legislative Budget Commission.
  664         (f) The provisions of this subsection shall apply to any
  665  contract entered into on or after July 1, 2013.
  666         (5) In the event of default on the performance conditions
  667  specified in the contract or agreement, or violation of any of
  668  the provisions found in this section, the state may, in addition
  669  to any other remedy provided by law, bring suit to enforce its
  670  interest.
  671         (6)(3) The department shall validate contractor performance
  672  and report. such Such validation shall be reported in the annual
  673  incentives incentive report required under s. 288.907.
  674         (7) The department is authorized to adopt rules to
  675  implement this section.
  676         Section 10. Subsection (8) of section 288.0656, Florida
  677  Statutes, is amended to read:
  678         288.0656 Rural Economic Development Initiative.—
  679         (8) REDI shall submit a report to the department Governor,
  680  the President of the Senate, and the Speaker of the House of
  681  Representatives each year on or before September 1 on all REDI
  682  activities for the previous prior fiscal year as a supplement to
  683  the department’s annual report required under s. 20.60. This
  684  supplementary report must shall include:
  685         (a) A status report on all projects currently being
  686  coordinated through REDI, the number of preferential awards and
  687  allowances made pursuant to this section, the dollar amount of
  688  such awards, and the names of the recipients.
  689         (b)The report shall also include A description of all
  690  waivers of program requirements granted.
  691         (c)The report shall also include Information as to the
  692  economic impact of the projects coordinated by REDI., and
  693         (d) Recommendations based on the review and evaluation of
  694  statutes and rules having an adverse impact on rural
  695  communities, and proposals to mitigate such adverse impacts.
  696         Section 11. Paragraph (c) of subsection (3) of section
  697  288.095, Florida Statutes, is repealed.
  698         Section 12. Paragraph (c) of subsection (4) and paragraph
  699  (d) of subsection (7) of section 288.106, Florida Statutes, are
  700  amended to read:
  701         288.106 Tax refund program for qualified target industry
  702  businesses.—
  704         (c) Each application meeting the requirements of paragraph
  705  (b) must be submitted to the department for determination of
  706  eligibility. The department shall review and evaluate each
  707  application based on, but not limited to, the following
  708  criteria:
  709         1. Expected contributions to the state’s economy,
  710  consistent with the state strategic economic development plan
  711  prepared by the department.
  712         2. The economic benefits of the proposed award of tax
  713  refunds under this section and the economic benefits of state
  714  incentives proposed for the project. The term “economic
  715  benefits” has the same meaning as in s. 288.005. The Office of
  716  Economic and Demographic Research shall review and evaluate the
  717  methodology and model used to calculate the economic benefits
  718  and shall report its findings by September 1 of every 3rd year,
  719  to the President of the Senate and the Speaker of the House of
  720  Representatives.
  721         3. The amount of capital investment to be made by the
  722  applicant in this state.
  723         4. The local financial commitment and support for the
  724  project.
  725         5. The expected effect of the project on the unemployed and
  726  underemployed unemployment rate in the county where the project
  727  will be located.
  728         6. The expected effect of the award on the viability of the
  729  project and the probability that the project would be undertaken
  730  in this state if such tax refunds are granted to the applicant.
  731         7. The expected long-term commitment of the applicant to
  732  economic growth and employment in this state resulting from the
  733  project.
  734         7.8. A review of the business’s past activities in this
  735  state or other states, including whether the such business has
  736  been subjected to criminal or civil fines and penalties and
  737  whether the business received economic development incentives in
  738  other states and the results of such incentive agreements. This
  739  subparagraph does not require the disclosure of confidential
  740  information.
  741         (7) ADMINISTRATION.—
  742         (d) Beginning with tax refund agreements signed after July
  743  1, 2010, the department shall attempt to ascertain the causes
  744  for any business’s failure to complete its agreement and shall
  745  report its findings and recommendations must be included in the
  746  annual incentives report under s. 288.907 to the Governor, the
  747  President of the Senate, and the Speaker of the House of
  748  Representatives. The report shall be submitted by December 1 of
  749  each year beginning in 2011.
  750         Section 13. Subsection (8) of section 288.1081, Florida
  751  Statutes, is amended to read:
  752         288.1081 Economic Gardening Business Loan Pilot Program.—
  753         (8) The annual report required under s. 20.60 must describe
  754  On June 30 and December 31 of each year, the department shall
  755  submit a report to the Governor, the President of the Senate,
  756  and the Speaker of the House of Representatives which describes
  757  in detail the use of the loan funds. The report must include, at
  758  a minimum, the number of businesses receiving loans, the number
  759  of full-time equivalent jobs created as a result of the loans,
  760  the amount of wages paid to employees in the newly created jobs,
  761  the locations and types of economic activity undertaken by the
  762  borrowers, the amounts of loan repayments made to date, and the
  763  default rate of borrowers.
  764         Section 14. Subsection (8) of section 288.1082, Florida
  765  Statutes, is amended to read:
  766         288.1082 Economic Gardening Technical Assistance Pilot
  767  Program.—
  768         (8) The annual report required under s. 20.60 must describe
  769  On December 31 of each year, the department shall submit a
  770  report to the Governor, the President of the Senate, and the
  771  Speaker of the House of Representatives which describes in
  772  detail the progress of the pilot program. The report must
  773  include, at a minimum, the number of businesses receiving
  774  assistance, the number of full-time equivalent jobs created as a
  775  result of the assistance, if any, the amount of wages paid to
  776  employees in the newly created jobs, and the locations and types
  777  of economic activity undertaken by the businesses.
  778         Section 15. Paragraph (e) of subsection (3) of section
  779  288.1088, Florida Statutes, is amended to read:
  780         288.1088 Quick Action Closing Fund.—
  781         (3)
  782         (e) The department Enterprise Florida, Inc., shall validate
  783  contractor performance and report. such validation in the annual
  784  incentives report required under s. 288.907 shall be reported
  785  within 6 months after completion of the contract to the
  786  Governor, President of the Senate, and the Speaker of the House
  787  of Representatives.
  788         Section 16. Paragraphs (b) and (d) of subsection (4), and
  789  subsections (9) and (11) of section 288.1089, Florida Statutes,
  790  are amended to read:
  791         288.1089 Innovation Incentive Program.—
  792         (4) To qualify for review by the department, the applicant
  793  must, at a minimum, establish the following to the satisfaction
  794  of the department:
  795         (b) A research and development project must:
  796         1. Serve as a catalyst for an emerging or evolving
  797  technology cluster.
  798         2. Demonstrate a plan for significant higher education
  799  collaboration.
  800         3. Provide the state, at a minimum, a cumulative break-even
  801  economic benefit return on investment within a 20-year period.
  802         4. Be provided with a one-to-one match from the local
  803  community. The match requirement may be reduced or waived in
  804  rural areas of critical economic concern or reduced in rural
  805  areas, brownfield areas, and enterprise zones.
  806         (d) For an alternative and renewable energy project in this
  807  state, the project must:
  808         1. Demonstrate a plan for significant collaboration with an
  809  institution of higher education;
  810         2. Provide the state, at a minimum, a cumulative break-even
  811  economic benefit return on investment within a 20-year period;
  812         3. Include matching funds provided by the applicant or
  813  other available sources. The match requirement may be reduced or
  814  waived in rural areas of critical economic concern or reduced in
  815  rural areas, brownfield areas, and enterprise zones;
  816         4. Be located in this state; and
  817         5. Provide at least 35 direct, new jobs that pay an
  818  estimated annual average wage that equals at least 130 percent
  819  of the average private sector wage.
  820         (9) The department shall validate the performance of an
  821  innovation business, a research and development facility, or an
  822  alternative and renewable energy business that has received an
  823  award. At the conclusion of the innovation incentive award
  824  agreement, or its earlier termination, the department shall
  825  include in the annual incentives report required under s.
  826  288.907 a detailed description of, within 90 days, submit a
  827  report to the Governor, the President of the Senate, and the
  828  Speaker of the House of Representatives detailing whether the
  829  recipient of the innovation incentive grant achieved its
  830  specified outcomes.
  831         (11)(a) The department shall include in submit to the
  832  Governor, the President of the Senate, and the Speaker of the
  833  House of Representatives, as part of the annual incentives
  834  report required under s. 288.907, a report summarizing the
  835  activities and accomplishments of the recipients of grants from
  836  the Innovation Incentive Program during the previous 12 months
  837  and an evaluation of whether the recipients are catalysts for
  838  additional direct and indirect economic development in Florida.
  839         (b) Beginning March 1, 2010, and every third year
  840  thereafter, the Office of Program Policy Analysis and Government
  841  Accountability, in consultation with the Auditor General’s
  842  Office, shall release a report evaluating the Innovation
  843  Incentive Program’s progress toward creating clusters of high
  844  wage, high-skilled, complementary industries that serve as
  845  catalysts for economic growth specifically in the regions in
  846  which they are located, and generally for the state as a whole.
  847  Such report should include critical analyses of quarterly and
  848  annual reports, annual audits, and other documents prepared by
  849  the Innovation Incentive Program awardees; relevant economic
  850  development reports prepared by the department, Enterprise
  851  Florida, Inc., and local or regional economic development
  852  organizations; interviews with the parties involved; and any
  853  other relevant data. Such report should also include legislative
  854  recommendations, if necessary, on how to improve the Innovation
  855  Incentive Program so that the program reaches its anticipated
  856  potential as a catalyst for direct and indirect economic
  857  development in this state.
  858         Section 17. Subsection (4) of section 288.1226, Florida
  859  Statutes, is amended to read:
  860         288.1226 Florida Tourism Industry Marketing Corporation;
  861  use of property; board of directors; duties; audit.—
  862         (4) BOARD OF DIRECTORS.—The board of directors of the
  863  corporation shall be composed of the Governor and 31 tourism
  864  industry-related members, appointed by Enterprise Florida, Inc.,
  865  in conjunction with the department.
  866         (a) The Governor shall serve ex officio as a nonvoting
  867  member of the board.
  868         (b)(a) The board shall consist of 16 members, appointed in
  869  such a manner as to equitably represent all geographic areas of
  870  the state, with no fewer than two members from any of the
  871  following regions:
  872         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
  873  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
  874  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
  875         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
  876  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
  877  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
  878  Taylor, and Union Counties.
  879         3. Region 3, composed of Brevard, Indian River, Lake,
  880  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
  881  Volusia Counties.
  882         4. Region 4, composed of Citrus, Hernando, Hillsborough,
  883  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
  884         5. Region 5, composed of Charlotte, Collier, DeSoto,
  885  Glades, Hardee, Hendry, Highlands, and Lee Counties.
  886         6. Region 6, composed of Broward, Martin, Miami-Dade,
  887  Monroe, and Palm Beach Counties.
  888         (c)(b) The 15 additional tourism-industry-related members
  889  shall include 1 representative from the statewide rental car
  890  industry; 7 representatives from tourist-related statewide
  891  associations, including those that represent hotels,
  892  campgrounds, county destination marketing organizations,
  893  museums, restaurants, retail, and attractions; 3 representatives
  894  from county destination marketing organizations; 1
  895  representative from the cruise industry; 1 representative from
  896  an automobile and travel services membership organization that
  897  has at least 2.8 million members in Florida; 1 representative
  898  from the airline industry; and 1 representative from the space
  899  tourism industry, who will each serve for a term of 2 years.
  900         Section 18. Subsection (3) of section 288.1253, Florida
  901  Statutes, is amended to read:
  902         288.1253 Travel and entertainment expenses.—
  903         (3) The Office of Film and Entertainment department shall
  904  include in the annual report for the entertainment industry
  905  financial incentive program required under s. 288.1254(10) a
  906  prepare an annual report of the office’s expenditures of the
  907  Office of Film and Entertainment and provide such report to the
  908  Legislature no later than December 30 of each year for the
  909  expenditures of the previous fiscal year. The report must shall
  910  consist of a summary of all travel, entertainment, and
  911  incidental expenses incurred within the United States and all
  912  travel, entertainment, and incidental expenses incurred outside
  913  the United States, as well as a summary of all successful
  914  projects that developed from such travel.
  915         Section 19. Subsection (10) of section 288.1254, Florida
  916  Statutes, is amended to read:
  917         288.1254 Entertainment industry financial incentive
  918  program.—
  919         (10) ANNUAL REPORT.—Each November 1 October 1, the Office
  920  of Film and Entertainment shall submit provide an annual report
  921  for the previous fiscal year to the Governor, the President of
  922  the Senate, and the Speaker of the House of Representatives
  923  which outlines the incentive program’s return on investment and
  924  economic benefits to the state. The report must shall also
  925  include an estimate of the full-time equivalent positions
  926  created by each production that received tax credits under this
  927  section and information relating to the distribution of
  928  productions receiving credits by geographic region and type of
  929  production. The report must also include the expenditures report
  930  required under s. 288.1253(3) and the information describing the
  931  relationship between tax exemptions and incentives to industry
  932  growth required under s. 288.1258(5).
  933         Section 20. Subsection (5) of section 288.1258, Florida
  934  Statutes, is amended to read:
  935         288.1258 Entertainment industry qualified production
  936  companies; application procedure; categories; duties of the
  937  Department of Revenue; records and reports.—
  940  and Entertainment shall keep annual records from the information
  941  provided on taxpayer applications for tax exemption certificates
  942  beginning January 1, 2001. These records also must shall reflect
  943  a ratio of the annual amount of sales and use tax exemptions
  944  under this section, plus the incentives awarded pursuant to s.
  945  288.1254 to the estimated amount of funds expended by certified
  946  productions. In addition, the office shall maintain data showing
  947  annual growth in Florida-based entertainment industry companies
  948  and entertainment industry employment and wages. The employment
  949  information must shall include an estimate of the full-time
  950  equivalent positions created by each production that received
  951  tax credits pursuant to s. 288.1254. The Office of Film and
  952  Entertainment shall include report this information in the
  953  annual report for the entertainment industry financial incentive
  954  program required under s. 288.1254(10) to the Legislature no
  955  later than December 1 of each year.
  956         Section 21. Subsection (3) of section 288.714, Florida
  957  Statutes, is amended to read:
  958         288.714 Quarterly and annual reports.—
  959         (3) By August 31 of each year, The department shall include
  960  in its annual report required under s. 20.60 provide to the
  961  Governor, the President of the Senate, and the Speaker of the
  962  House of Representatives a detailed report of the performance of
  963  the Black Business Loan Program. The report must include a
  964  cumulative summary of the quarterly report data compiled
  965  pursuant to required by subsection (2) (1).
  966         Section 22. Section 288.7771, Florida Statutes, is amended
  967  to read:
  968         288.7771 Annual report of Florida Export Finance
  969  Corporation.—The corporation shall annually prepare and submit
  970  to Enterprise Florida, Inc., the department for inclusion in its
  971  annual report required under s. 288.906 by s. 288.095 a complete
  972  and detailed report setting forth:
  973         (1) The report required in s. 288.776(3).
  974         (2) Its assets and liabilities at the end of its most
  975  recent fiscal year.
  976         Section 23. Subsections (3), (4), and (5) of section
  977  288.903, Florida Statutes, are amended to read:
  978         288.903 Duties of Enterprise Florida, Inc.—Enterprise
  979  Florida, Inc., shall have the following duties:
  980         (3) Prepare an annual report pursuant to s. 288.906.
  981         (4) Prepare, in conjunction with the department, and an
  982  annual incentives report pursuant to s. 288.907.
  983         (5)(4) Assist the department with the development of an
  984  annual and a long-range strategic business blueprint for
  985  economic development required in s. 20.60.
  986         (6)(5) In coordination with Workforce Florida, Inc.,
  987  identify education and training programs that will ensure
  988  Florida businesses have access to a skilled and competent
  989  workforce necessary to compete successfully in the domestic and
  990  global marketplace.
  991         Section 24. Subsection (6) of section 288.904, Florida
  992  Statutes, is repealed.
  993         Section 25. Subsection (3) is added to section 288.906,
  994  Florida Statutes, to read:
  995         288.906 Annual report of Enterprise Florida, Inc., and its
  996  divisions; audits.—
  997         (3) The following reports must be included as supplements
  998  to the detailed report required by this section:
  999         (a)The annual report of the Florida Export Finance
 1000  Corporation required under s. 288.7771.
 1001         (b)The report on international offices required under s.
 1002  288.012.
 1003         Section 26. Section 288.907, Florida Statutes, is amended
 1004  to read:
 1005         288.907 Annual incentives report.—
 1006         (1)By December 30 of each year, In addition to the annual
 1007  report required under s. 288.906, Enterprise Florida, Inc., in
 1008  conjunction with the department, by December 30 of each year,
 1009  shall provide the Governor, the President of the Senate, and the
 1010  Speaker of the House of Representatives a detailed incentives
 1011  report quantifying the economic benefits for all of the economic
 1012  development incentive programs marketed by Enterprise Florida,
 1013  Inc.
 1014         (a) The annual incentives report must include:
 1015         (1) For each incentive program:
 1016         (a)1. A brief description of the incentive program.
 1017         (b)2. The amount of awards granted, by year, since
 1018  inception and the annual amount actually transferred from the
 1019  state treasury to businesses or for the benefit of businesses
 1020  for each of the previous 3 years.
 1021         3. The economic benefits, as defined in s. 288.005, based
 1022  on the actual amount of private capital invested, actual number
 1023  of jobs created, and actual wages paid for incentive agreements
 1024  completed during the previous 3 years.
 1025         (c)4.The report shall also include The actual amount of
 1026  private capital invested, actual number of jobs created, and
 1027  actual wages paid for incentive agreements completed during the
 1028  previous 3 years for each target industry sector.
 1029         (2)(b) For projects completed during the previous state
 1030  fiscal year, the report must include:
 1031         (a)1. The number of economic development incentive
 1032  applications received.
 1033         (b)2. The number of recommendations made to the department
 1034  by Enterprise Florida, Inc., including the number recommended
 1035  for approval and the number recommended for denial.
 1036         (c)3. The number of final decisions issued by the
 1037  department for approval and for denial.
 1038         (d)4. The projects for which a tax refund, tax credit, or
 1039  cash grant agreement was executed, identifying for each project:
 1040         1.a. The number of jobs committed to be created.
 1041         2.b. The amount of capital investments committed to be
 1042  made.
 1043         3.c. The annual average wage committed to be paid.
 1044         4.d. The amount of state economic development incentives
 1045  committed to the project from each incentive program under the
 1046  project’s terms of agreement with the Department of Economic
 1047  Opportunity.
 1048         5.e. The amount and type of local matching funds committed
 1049  to the project.
 1050         (e) Tax refunds paid or other payments made funded out of
 1051  the Economic Development Incentives Account for each project.
 1052         (f) The types of projects supported.
 1053         (3)(c) For economic development projects that received tax
 1054  refunds, tax credits, or cash grants under the terms of an
 1055  agreement for incentives, the report must identify:
 1056         (a)1. The number of jobs actually created.
 1057         (b)2. The amount of capital investments actually made.
 1058         (c)3. The annual average wage paid.
 1059         (4)(d) For a project receiving economic development
 1060  incentives approved by the department and receiving federal or
 1061  local incentives, the report must include a description of the
 1062  federal or local incentives, if available.
 1063         (5)(e) The report must state the number of withdrawn or
 1064  terminated projects that did not fulfill the terms of their
 1065  agreements with the department and, consequently, are not
 1066  receiving incentives.
 1067         (6) For any agreements signed after July 1, 2010, findings
 1068  and recommendations on the efforts of the department to
 1069  ascertain the causes of any business’s inability to complete its
 1070  agreement made under s. 288.106.
 1071         (7)(f) The amount report must include an analysis of the
 1072  economic benefits, as defined in s. 288.005, of tax refunds, tax
 1073  credits, or other payments made to projects locating or
 1074  expanding in state enterprise zones, rural communities,
 1075  brownfield areas, or distressed urban communities. The report
 1076  must include a separate analysis of the impact of such tax
 1077  refunds on state enterprise zones designated under s. 290.0065,
 1078  rural communities, brownfield areas, and distressed urban
 1079  communities.
 1080         (8) The name of and tax refund amount for each business
 1081  that has received a tax refund under s. 288.1045 or s. 288.106
 1082  during the preceding fiscal year.
 1083         (9)(g)An identification of The report must identify the
 1084  target industry businesses and high-impact businesses.
 1085         (10)(h)A description of The report must describe the
 1086  trends relating to business interest in, and usage of, the
 1087  various incentives, and the number of minority-owned or woman
 1088  owned businesses receiving incentives.
 1089         (l1)(i)An identification of The report must identify
 1090  incentive programs not used and recommendations for program
 1091  changes or program elimination utilized.
 1092         (12)Information related to the validation of contractor
 1093  performance required under s. 288.061.
 1094         (13) Beginning in 2014, a summation of the activities
 1095  related to the Florida Space Business Incentives Act.
 1096         (2) The Division of Strategic Business Development within
 1097  the department shall assist Enterprise Florida, Inc., in the
 1098  preparation of the annual incentives report.
 1099         Section 27. Subsection (3) of section 288.92, Florida
 1100  Statutes, is amended to read:
 1101         288.92 Divisions of Enterprise Florida, Inc.—
 1102         (3) By October 15 each year, Each division shall draft and
 1103  submit an annual report for inclusion in the report required
 1104  under 288.906 which details the division’s activities during the
 1105  previous prior fiscal year and includes any recommendations for
 1106  improving current statutes related to the division’s related
 1107  area of responsibility.
 1108         Section 28. Subsection (5) of section 288.95155, Florida
 1109  Statutes, is amended to read:
 1110         288.95155 Florida Small Business Technology Growth
 1111  Program.—
 1112         (5) Enterprise Florida, Inc., shall prepare for inclusion
 1113  in the annual report of the department required under s. 288.907
 1114  by s. 288.095 a report on the financial status of the program.
 1115  The report must specify the assets and liabilities of the
 1116  program within the current fiscal year and must include a
 1117  portfolio update that lists all of the businesses assisted, the
 1118  private dollars leveraged by each business assisted, and the
 1119  growth in sales and in employment of each business assisted.
 1120         Section 29. Subsection (11) of section 290.0056, Florida
 1121  Statutes, is amended to read:
 1122         290.0056 Enterprise zone development agency.—
 1123         (11) Before October 1 December 1 of each year, the agency
 1124  shall submit to the department for inclusion in the annual
 1125  report required under s. 20.60 a complete and detailed written
 1126  report setting forth:
 1127         (a) Its operations and accomplishments during the fiscal
 1128  year.
 1129         (b) The accomplishments and progress concerning the
 1130  implementation of the strategic plan or measurable goals, and
 1131  any updates to the strategic plan or measurable goals.
 1132         (c) The number and type of businesses assisted by the
 1133  agency during the fiscal year.
 1134         (d) The number of jobs created within the enterprise zone
 1135  during the fiscal year.
 1136         (e) The usage and revenue impact of state and local
 1137  incentives granted during the calendar year.
 1138         (f) Any other information required by the department.
 1139         Section 30. Section 290.014, Florida Statutes, is amended
 1140  to read:
 1141         290.014 Annual reports on enterprise zones.—
 1142         (1) By October 1 February 1 of each year, the Department of
 1143  Revenue shall submit an annual report to the department
 1144  detailing the usage and revenue impact by county of the state
 1145  incentives listed in s. 290.007.
 1146         (2) By March 1 of each year, the department shall submit an
 1147  annual report to the Governor, the Speaker of the House of
 1148  Representatives, and the President of the Senate. The annual
 1149  report required under s. 20.60 shall include the information
 1150  provided by the Department of Revenue pursuant to subsection (1)
 1151  and the information provided by enterprise zone development
 1152  agencies pursuant to s. 290.0056. In addition, the report shall
 1153  include an analysis of the activities and accomplishments of
 1154  each enterprise zone.
 1155         Section 31. Section 290.0411, Florida Statutes, is amended
 1156  to read:
 1157         290.0411 Legislative intent and purpose of ss. 290.0401
 1158  290.048.—It is the intent of the Legislature to provide the
 1159  necessary means to develop, preserve, redevelop, and revitalize
 1160  Florida communities exhibiting signs of decline, or distress, or
 1161  economic need by enabling local governments to undertake the
 1162  necessary community and economic development programs. The
 1163  overall objective is to create viable communities by eliminating
 1164  slum and blight, fortifying communities in urgent need,
 1165  providing decent housing and suitable living environments, and
 1166  expanding economic opportunities, principally for persons of low
 1167  or moderate income. The purpose of ss. 290.0401-290.048 is to
 1168  assist local governments in carrying out effective community and
 1169  economic development and project planning and design activities
 1170  to arrest and reverse community decline and restore community
 1171  vitality. Community development and project planning activities
 1172  to maintain viable communities, revitalize existing communities,
 1173  expand economic development and employment opportunities, and
 1174  improve housing conditions and expand housing opportunities,
 1175  providing direct benefit to persons of low or moderate income,
 1176  are the primary purposes of ss. 290.0401-290.048. The
 1177  Legislature, therefore, declares that the development,
 1178  redevelopment, preservation, and revitalization of communities
 1179  in this state and all the purposes of ss. 290.0401-290.048 are
 1180  public purposes for which public money may be borrowed,
 1181  expended, loaned, pledged to guarantee loans, and granted.
 1182         Section 32. Subsections (1) and (6) of section 290.042,
 1183  Florida Statutes, are amended to read:
 1184         290.042 Definitions relating to Florida Small Cities
 1185  Community Development Block Grant Program Act.—As used in ss.
 1186  290.0401-290.048, the term:
 1187         (1) “Administrative closeout” means the notification of a
 1188  grantee by the department that all applicable administrative
 1189  actions and all required work of an existing the grant have been
 1190  completed with the exception of the final audit.
 1191         (6) “Person of low or moderate income” means any person who
 1192  meets the definition established by the department in accordance
 1193  with the guidelines established in Title I of the Housing and
 1194  Community Development Act of 1974, as amended, and the
 1195  definition of the term “low- and moderate-income person” as
 1196  provided in 24 C.F.R. s. 570.3.
 1197         Section 33. Subsections (2), (3), and (4) of section
 1198  290.044, Florida Statutes, are amended to read:
 1199         290.044 Florida Small Cities Community Development Block
 1200  Grant Program Fund; administration; distribution.—
 1201         (2) The department shall adopt rules establishing
 1202  guidelines for the distribution of distribute such funds as loan
 1203  guarantees and grants to eligible local governments through on
 1204  the basis of a competitive selection process.
 1205         (3) The department shall define the broad community
 1206  development objectives consistent with national objectives
 1207  established by 42 U.S.C. s. 5304 and 24 C.F.R. s. 570.483
 1208  objective to be achieved through the distribution of block grant
 1209  funds under this section. by the activities in each of the
 1210  following grant program categories, and require applicants for
 1211  grants to compete against each other in these grant program
 1212  categories:
 1213         (a) Housing.
 1214         (b) Economic development.
 1215         (c) Neighborhood revitalization.
 1216         (d) Commercial revitalization.
 1217         (e) Project planning and design.
 1218         (4) The department may set aside an amount of up to 5
 1219  percent of the funds annually for use in any eligible local
 1220  government jurisdiction for which an emergency or natural
 1221  disaster has been declared by executive order. Such funds may
 1222  only be provided to a local government to fund eligible
 1223  emergency-related activities but must not be provided unless for
 1224  which no other source of federal, state, or local disaster funds
 1225  is available. The department may provide for such set-aside by
 1226  rule. In the last quarter of the state fiscal year, any funds
 1227  not allocated under the emergency-related set-aside must shall
 1228  be distributed to unfunded applications from the most recent
 1229  funding cycle.
 1230         Section 34. Section 290.0455, Florida Statutes, is amended
 1231  to read:
 1232         290.0455 Small Cities Community Development Block Grant
 1233  Loan Guarantee Program; Section 108 loan guarantees.—
 1234         (1) The Small Cities Community Development Block Grant Loan
 1235  Guarantee Program is created. The department shall administer
 1236  the loan guarantee program pursuant to Section 108 s. 108 of
 1237  Title I of the Housing and Community Development Act of 1974, as
 1238  amended, and as further amended by s. 910 of the Cranston
 1239  Gonzalez National Affordable Housing Act. The purpose of the
 1240  Small Cities Community Development Block Grant Loan Guarantee
 1241  Program is to guarantee, or to make commitments to guarantee,
 1242  notes or other obligations issued by public entities for the
 1243  purposes of financing activities enumerated in 24 C.F.R. s.
 1244  570.703.
 1245         (2) Activities assisted under the loan guarantee program
 1246  must meet the requirements contained in 24 C.F.R. ss. 570.700
 1247  570.710 and may not otherwise be financed in whole or in part
 1248  from the Florida Small Cities Community Development Block Grant
 1249  Program.
 1250         (3) The department may pledge existing revenues on deposit
 1251  or future revenues projected to be available for deposit in the
 1252  Florida Small Cities Community Development Block Grant Program
 1253  in order to guarantee, in whole or in part, the payment of
 1254  principal and interest on a Section 108 loan made under the loan
 1255  guarantee program.
 1256         (4) An applicant approved by the United States Department
 1257  of Housing and Urban Development to receive a Section 108 loan
 1258  shall enter into an agreement with the Department of Economic
 1259  Opportunity which requires the applicant to pledge half of the
 1260  amount necessary to guarantee the loan in the event of default.
 1261         (5) The department shall review all Section 108 loan
 1262  applications that it receives from local governments. The
 1263  department shall review the applications must submit all
 1264  applications it receives to the United States Department of
 1265  Housing and Urban Development for loan approval, in the order
 1266  received, subject to a determination by the department
 1267  determining that each the application meets all eligibility
 1268  requirements contained in 24 C.F.R. ss. 570.700-570.710, and has
 1269  been deemed financially feasible by a loan underwriter approved
 1270  by the department. If the statewide maximum available for loan
 1271  guarantee commitments established in subsection (6) has not been
 1272  committed, the department may submit the Section 108 loan
 1273  application to the United States Department of Housing and Urban
 1274  Development with a recommendation that the loan be approved,
 1275  with or without conditions, or be denied provided that the
 1276  applicant has submitted the proposed activity to a loan
 1277  underwriter to document its financial feasibility.
 1278         (6)(5) The maximum amount of an individual loan guarantee
 1279  commitment that an commitments that any eligible local
 1280  government may receive is may be limited to $5 $7 million
 1281  pursuant to 24 C.F.R. s. 570.705, and the maximum amount of loan
 1282  guarantee commitments statewide may not exceed an amount equal
 1283  to two five times the amount of the most recent grant received
 1284  by the department under the Florida Small Cities Community
 1285  Development Block Grant Program. The $5 million loan guarantee
 1286  limit does not apply to loans guaranteed prior to July 1, 2013,
 1287  that may be refinanced.
 1288         (7)(6)Section 108 loans guaranteed by the Small Cities
 1289  Community Development Block Grant Program loan guarantee program
 1290  must be repaid within 20 years.
 1291         (8)(7)Section 108 loan applicants must demonstrate
 1292  guarantees may be used for an activity only if the local
 1293  government provides evidence to the department that the
 1294  applicant investigated alternative financing services were
 1295  investigated and the services were unavailable or insufficient
 1296  to meet the financing needs of the proposed activity.
 1297         (9) If a local government defaults on a Section 108 loan
 1298  received from the United States Department of Housing and Urban
 1299  Development and guaranteed through the Florida Small Cities
 1300  Community Development Block Grant Program, thereby requiring the
 1301  department to reduce its annual grant award in order to pay the
 1302  annual debt service on the loan, any future community
 1303  development block grants that the local government receives must
 1304  be reduced in an amount equal to the amount of the state’s grant
 1305  award used in payment of debt service on the loan.
 1306         (10) If a local government receives a Section 108 loan
 1307  guaranteed through the Florida Small Cities Community
 1308  Development Block Grant Program and is granted entitlement
 1309  community status as defined in subpart D of 24 C.F.R. part 570
 1310  by the United States Department of Housing and Urban Development
 1311  before paying the loan in full, the local government must pledge
 1312  its community development block grant entitlement allocation as
 1313  a guarantee of its previous loan and request that the United
 1314  States Department of Housing and Urban Development release the
 1315  department as guarantor of the loan.
 1316         (8) The department must, before approving an application
 1317  for a loan, evaluate the applicant’s prior administration of
 1318  block grant funds for community development. The evaluation of
 1319  past performance must take into account the procedural aspects
 1320  of previous grants or loans as well as substantive results. If
 1321  the department finds that any applicant has failed to
 1322  substantially accomplish the results proposed in the applicant’s
 1323  last previously funded application, the department may prohibit
 1324  the applicant from receiving a loan or may penalize the
 1325  applicant in the rating of the current application.
 1326         Section 35. Section 290.046, Florida Statutes, is amended
 1327  to read:
 1328         (Substantial rewording of section. See
 1329         s. 290.046, F.S., for present text.)
 1330         290.046 Applications for grants; procedures; requirements.—
 1331         (1) The department shall adopt rules establishing
 1332  application procedures.
 1333         (2)(a) Except for economic development projects, each local
 1334  government that is eligible by rule to apply for a grant during
 1335  an application cycle may submit one application for a
 1336  noneconomic development project during the application cycle. A
 1337  local government that is eligible by rule to apply for an
 1338  economic development grant may apply up to three times each
 1339  funding cycle for an economic development grant and may have
 1340  more than one open economic development grant.
 1341         (b) The department shall establish minimum criteria
 1342  pertaining to the number of jobs created for persons of low or
 1343  moderate income, the degree of private sector financial
 1344  commitment, the economic feasibility of the proposed project,
 1345  and any other criteria the department deems appropriate.
 1346         (c) The department may not award a grant until the
 1347  department has completed a site visit to verify the information
 1348  contained in the application.
 1349         (3)(a) The department shall adopt rules establishing
 1350  criteria for evaluating applications received during each
 1351  application cycle and the department must rank each application
 1352  in accordance with those rules. Such rules must allow the
 1353  department to consider relevant factors, including, but not
 1354  limited to, community need, unemployment, poverty levels, low
 1355  and moderate income populations, health and safety, and the
 1356  condition of physical structures. The department shall
 1357  incorporate into its ranking system a procedure intended to
 1358  eliminate or reduce any existing population-related bias that
 1359  places exceptionally small communities at a disadvantage in the
 1360  competition for funds.
 1361         (b) Project funding must be determined by the rankings
 1362  established in each application cycle. If economic development
 1363  funding remains available after the application cycle closes,
 1364  funding will be awarded to eligible projects on a first-come,
 1365  first-served basis until funding for this category is fully
 1366  obligated.
 1367         (4) In order to provide the public with information
 1368  concerning an applicant’s proposed program before an application
 1369  is submitted to the department, the applicant shall, for each
 1370  funding cycle:
 1371         (a) Conduct an initial public hearing to inform the public
 1372  of funding opportunities available to meet community needs and
 1373  eligible activities and to solicit public input on community
 1374  needs.
 1375         (b) Publish a summary of the proposed application which
 1376  affords the public an opportunity to examine the contents of the
 1377  application and submit comments.
 1378         (c) Conduct a second public hearing to obtain public
 1379  comments on the proposed application and make appropriate
 1380  modifications to the application.
 1381         Section 36. Section 290.047, Florida Statutes, is amended
 1382  to read:
 1383         (Substantial rewording of section. See
 1384         s. 290.047, F.S., for present text.)
 1385         290.047 Establishment of grant ceilings and maximum
 1386  administrative cost percentages.—
 1387         (1) The department shall adopt rules to establish:
 1388         (a) Grant ceilings.
 1389         (b) The maximum percentage of block grant funds that may be
 1390  spent on administrative costs by an eligible local government.
 1391         (c) Grant administration procurement procedures for
 1392  eligible local governments.
 1393         (2) An eligible local government may not contract with the
 1394  same individual or business entity for more than one service to
 1395  be performed in connection with a community development block
 1396  grant, including, but not limited to, application preparation
 1397  services, administrative services, architectural and engineering
 1398  services, and construction services, unless it can be
 1399  demonstrated by the eligible local government that the
 1400  individual or business entity is the sole source of the service
 1401  or is the responsive proposer whose proposal is determined in
 1402  writing from a competitive process to be the most advantageous
 1403  to the local government.
 1404         (3) The maximum amount of block grant funds that may be
 1405  spent on architectural and engineering costs by an eligible
 1406  local government must be determined by a methodology adopted by
 1407  the department by rule.
 1408         Section 37. Section 290.0475, Florida Statutes, is amended
 1409  to read:
 1410         290.0475 Rejection of grant applications; penalties for
 1411  failure to meet application conditions.—Applications received
 1412  for funding are ineligible if under all program categories shall
 1413  be rejected without scoring only in the event that any of the
 1414  following circumstances arise:
 1415         (1) The application is not received by the department by
 1416  the application deadline.
 1417         (2) The proposed project does not meet one of the three
 1418  national objectives as described contained in s. 290.044(3)
 1419  federal and state legislation.
 1420         (3) The proposed project is not an eligible activity as
 1421  contained in the federal legislation.
 1422         (4) The application is not consistent with the local
 1423  government’s comprehensive plan adopted pursuant to s. 163.3184.
 1424         (5) The applicant has an open community development block
 1425  grant, except as provided in s. 290.046(2)(a) and department
 1426  rule s. 290.046(2)(c).
 1427         (6) The local government is not in compliance with the
 1428  citizen participation requirements prescribed in ss. 104(a)(1)
 1429  and (2) and 106(d)(5)(c) of Title I of the Housing and Community
 1430  Development Act of 1984, s. 290.046(4), and department rule
 1431  rules.
 1432         (7) Any information provided in the application that
 1433  affects eligibility or scoring is found to have been
 1434  misrepresented, and the information is not a mathematical error
 1435  which may be discovered and corrected by readily computing
 1436  available numbers or formulas provided in the application.
 1437         Section 38. Subsections (5), (6), and (7) of section
 1438  290.048, Florida Statutes, are amended to read:
 1439         290.048 General powers of department under ss. 290.0401
 1440  290.048.—The department has all the powers necessary or
 1441  appropriate to carry out the purposes and provisions of the
 1442  program, including the power to:
 1443         (5) Adopt and enforce strict requirements concerning an
 1444  applicant’s written description of a service area. Each such
 1445  description shall contain maps which illustrate the location of
 1446  the proposed service area. All such maps must be clearly legible
 1447  and must:
 1448         (a) Contain a scale which is clearly marked on the map.
 1449         (b) Show the boundaries of the locality.
 1450         (c) Show the boundaries of the service area where the
 1451  activities will be concentrated.
 1452         (d) Display the location of all proposed area activities.
 1453         (e) Include the names of streets, route numbers, or easily
 1454  identifiable landmarks where all service activities are located.
 1455         (5)(6) Pledge community development block grant revenues
 1456  from the Federal Government in order to guarantee notes or other
 1457  obligations of a public entity which are approved pursuant to s.
 1458  290.0455.
 1459         (7) Establish an advisory committee of no more than 13
 1460  members to solicit participation in designing, administering,
 1461  and evaluating the program and in linking the program with other
 1462  housing and community development resources.
 1463         Section 39. Subsection (11) of section 331.3051, Florida
 1464  Statutes, is amended to read:
 1465         331.3051 Duties of Space Florida.—Space Florida shall:
 1466         (11) Annually report on its performance with respect to its
 1467  business plan, to include finance, spaceport operations,
 1468  research and development, workforce development, and education.
 1469  Space Florida shall submit the report shall be submitted to the
 1470  Governor, the President of the Senate, and the Speaker of the
 1471  House of Representatives by November 30 no later than September
 1472  1 for the previous prior fiscal year. The annual report must
 1473  include operations information as required under s.
 1474  331.310(2)(e).
 1475         Section 40. Paragraph (e) of subsection (2) of section
 1476  331.310, Florida Statutes, is amended to read:
 1477         331.310 Powers and duties of the board of directors.—
 1478         (2) The board of directors shall:
 1479         (e) Prepare an annual report of operations as a supplement
 1480  to the annual report required under s. 331.3051(11). The report
 1481  must shall include, but not be limited to, a balance sheet, an
 1482  income statement, a statement of changes in financial position,
 1483  a reconciliation of changes in equity accounts, a summary of
 1484  significant accounting principles, the auditor’s report, a
 1485  summary of the status of existing and proposed bonding projects,
 1486  comments from management about the year’s business, and
 1487  prospects for the next year, which shall be submitted each year
 1488  by November 30 to the Governor, the President of the Senate, the
 1489  Speaker of the House of Representatives, the minority leader of
 1490  the Senate, and the minority leader of the House of
 1491  Representatives.
 1492         Section 41. Paragraphs (a) and (e) of subsection (30) of
 1493  section 443.036, Florida Statutes, is amended to read:
 1494         443.036 Definitions.—As used in this chapter, the term:
 1495         (30) “Misconduct,” irrespective of whether the misconduct
 1496  occurs at the workplace or during working hours, includes, but
 1497  is not limited to, the following, which may not be construed in
 1498  pari materia with each other:
 1499         (a) Conduct demonstrating conscious disregard of an
 1500  employer’s interests and found to be a deliberate violation or
 1501  disregard of the reasonable standards of behavior which the
 1502  employer expects of his or her employee. Such conduct may
 1503  include, but is not limited to, willful damage to an employer’s
 1504  property that results in damage of more than $50; or theft of
 1505  employer property or property of a customer or invitee of the
 1506  employer.
 1507         (e)1. A violation of an employer’s rule, unless the
 1508  claimant can demonstrate that:
 1509         a.1. He or she did not know, and could not reasonably know,
 1510  of the rule’s requirements;
 1511         b.2. The rule is not lawful or not reasonably related to
 1512  the job environment and performance; or
 1513         c.3. The rule is not fairly or consistently enforced.
 1514         2. Such conduct may include, but is not limited to,
 1515  committing criminal assault or battery on another employee, or
 1516  on a customer or invitee of the employer; or committing abuse or
 1517  neglect of a patient, resident, disabled person, elderly person,
 1518  or child in her or his professional care.
 1519         Section 42. Paragraphs (b), (c), and (d) of subsection (1)
 1520  of section 443.091, Florida Statutes, are amended to read:
 1521         443.091 Benefit eligibility conditions.—
 1522         (1) An unemployed individual is eligible to receive
 1523  benefits for any week only if the Department of Economic
 1524  Opportunity finds that:
 1525         (b) She or he has completed the department’s online work
 1526  registration registered with the department for work and
 1527  subsequently reports to the one-stop career center as directed
 1528  by the regional workforce board for reemployment services. This
 1529  requirement does not apply to persons who are:
 1530         1. Non-Florida residents;
 1531         2. On a temporary layoff;
 1532         3. Union members who customarily obtain employment through
 1533  a union hiring hall; or
 1534         4. Claiming benefits under an approved short-time
 1535  compensation plan as provided in s. 443.1116.
 1536         5. Unable to complete the online work registration due to
 1537  illiteracy, physical or mental impairment, a legal prohibition
 1538  from using a computer, or a language impediment. If a person is
 1539  exempted from the online work registration under this
 1540  subparagraph, then the filing of his or her claim constitutes
 1541  registration for work.
 1542         (c) To make continued claims for benefits, she or he is
 1543  reporting to the department in accordance with this paragraph
 1544  and department rules, and participating in an initial skills
 1545  review, as directed by the department. Department rules may not
 1546  conflict with s. 443.111(1)(b), which requires that each
 1547  claimant continue to report regardless of any pending appeal
 1548  relating to her or his eligibility or disqualification for
 1549  benefits.
 1550         1. For each week of unemployment claimed, each report must,
 1551  at a minimum, include the name, address, and telephone number of
 1552  each prospective employer contacted, or the date the claimant
 1553  reported to a one-stop career center, pursuant to paragraph (d).
 1554         2. The administrator or operator of the initial skills
 1555  review shall notify the department when the individual completes
 1556  the initial skills review and report the results of the review
 1557  to the regional workforce board or the one-stop career center as
 1558  directed by the workforce board. The department shall prescribe
 1559  a numeric score on the initial skills review that demonstrates a
 1560  minimal proficiency in workforce skills. The department,
 1561  workforce board, or one-stop career center shall use the initial
 1562  skills review to develop a plan for referring individuals to
 1563  training and employment opportunities. The failure of the
 1564  individual to comply with this requirement will result in the
 1565  individual being determined ineligible for benefits for the week
 1566  in which the noncompliance occurred and for any subsequent week
 1567  of unemployment until the requirement is satisfied. However,
 1568  this requirement does not apply if the individual is able to
 1569  affirmatively attest to being unable to complete such review due
 1570  to illiteracy or a language impediment or is exempt from the
 1571  work registration requirement as set forth in paragraph (b).
 1572         3. Any individual who falls below the minimal proficiency
 1573  score prescribed by the department in subparagraph 2. on the
 1574  initial skills review shall be offered training opportunities
 1575  and encouraged to participate in such training at no cost to the
 1576  individual in order to improve his or her workforce skills to
 1577  the minimal proficiency level.
 1578         4. The department shall coordinate with Workforce Florida,
 1579  Inc., the workforce boards, and the one-stop career centers to
 1580  identify, develop, and utilize best practices for improving the
 1581  skills of individuals who choose to participate in training
 1582  opportunities and who have a minimal proficiency score below the
 1583  score prescribed in subparagraph 2.
 1584         5. The department, in coordination with Workforce Florida,
 1585  Inc., the workforce boards, and the one-stop career centers,
 1586  shall evaluate the use, effectiveness, and costs associated with
 1587  the training prescribed in subparagraph 3. and report its
 1588  findings and recommendations for training and the use of best
 1589  practices to the Governor, the President of the Senate, and the
 1590  Speaker of the House of Representatives by January 1, 2013.
 1591         (d) She or he is able to work and is available for work. In
 1592  order to assess eligibility for a claimed week of unemployment,
 1593  the department shall develop criteria to determine a claimant’s
 1594  ability to work and availability for work. A claimant must be
 1595  actively seeking work in order to be considered available for
 1596  work. This means engaging in systematic and sustained efforts to
 1597  find work, including contacting at least five prospective
 1598  employers for each week of unemployment claimed. The department
 1599  may require the claimant to provide proof of such efforts to the
 1600  one-stop career center as part of reemployment services. A
 1601  claimant’s proof of efforts may not include the same prospective
 1602  employer at the same location for the duration of benefits,
 1603  unless the employer has indicated since the time of the initial
 1604  contact that the employer is hiring. The department shall
 1605  conduct random reviews of work search information provided by
 1606  claimants. As an alternative to contacting at least five
 1607  prospective employers for any week of unemployment claimed, a
 1608  claimant may, for that same week, report in person to a one-stop
 1609  career center to meet with a representative of the center and
 1610  access reemployment services of the center. The center shall
 1611  keep a record of the services or information provided to the
 1612  claimant and shall provide the records to the department upon
 1613  request by the department. However:
 1614         1. Notwithstanding any other provision of this paragraph or
 1615  paragraphs (b) and (e), an otherwise eligible individual may not
 1616  be denied benefits for any week because she or he is in training
 1617  with the approval of the department, or by reason of s.
 1618  443.101(2) relating to failure to apply for, or refusal to
 1619  accept, suitable work. Training may be approved by the
 1620  department in accordance with criteria prescribed by rule. A
 1621  claimant’s eligibility during approved training is contingent
 1622  upon satisfying eligibility conditions prescribed by rule.
 1623         2. Notwithstanding any other provision of this chapter, an
 1624  otherwise eligible individual who is in training approved under
 1625  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 1626  determined ineligible or disqualified for benefits due to
 1627  enrollment in such training or because of leaving work that is
 1628  not suitable employment to enter such training. As used in this
 1629  subparagraph, the term “suitable employment” means work of a
 1630  substantially equal or higher skill level than the worker’s past
 1631  adversely affected employment, as defined for purposes of the
 1632  Trade Act of 1974, as amended, the wages for which are at least
 1633  80 percent of the worker’s average weekly wage as determined for
 1634  purposes of the Trade Act of 1974, as amended.
 1635         3. Notwithstanding any other provision of this section, an
 1636  otherwise eligible individual may not be denied benefits for any
 1637  week because she or he is before any state or federal court
 1638  pursuant to a lawfully issued summons to appear for jury duty.
 1639         4. Union members who customarily obtain employment through
 1640  a union hiring hall may satisfy the work search requirements of
 1641  this paragraph by reporting daily to their union hall.
 1642         5. The work search requirements of this paragraph do not
 1643  apply to persons who are unemployed as a result of a temporary
 1644  layoff or who are claiming benefits under an approved short-time
 1645  compensation plan as provided in s. 443.1116.
 1646         6. In small counties as defined in s. 120.52(19), a
 1647  claimant engaging in systematic and sustained efforts to find
 1648  work must contact at least three prospective employers for each
 1649  week of unemployment claimed.
 1650         7. The work search requirements of this paragraph do not
 1651  apply to persons required to participate in reemployment
 1652  services under paragraph (e).
 1653         Section 43. Subsection (13) is added to section 443.101,
 1654  Florida Statutes, to read:
 1655         443.101 Disqualification for benefits.—An individual shall
 1656  be disqualified for benefits:
 1657         (13) For any week with respect to which the department
 1658  finds that his or her unemployment is due to a discharge from
 1659  employment for failure without good cause to maintain a license,
 1660  registration, or certification required by applicable law
 1661  necessary for the employee to perform her or his assigned job
 1662  duties. For purposes of this paragraph, the term “good cause”
 1663  includes, but is not limited to, failure of the employer to
 1664  submit information required for a license, registration, or
 1665  certification; short-term physical injury which prevents the
 1666  employee from completing or taking a required test; and
 1667  inability to take or complete a required test that is outside
 1668  the employee’s control.
 1669         Section 44. Paragraph (b) of subsection (4) of section
 1670  443.1113, Florida Statutes, is amended to read:
 1671         443.1113 Reemployment Assistance Claims and Benefits
 1672  Information System.—
 1673         (4) The project to implement the Reemployment Assistance
 1674  Claims and Benefits Information System is shall be comprised of
 1675  the following phases and corresponding implementation
 1676  timeframes:
 1677         (b) The Reemployment Assistance Claims and Benefits
 1678  Internet portal that replaces the Florida Unemployment Internet
 1679  Direct and the Florida Continued Claims Internet Directory
 1680  systems, the Call Center Interactive Voice Response System, the
 1681  Benefit Overpayment Screening System, the Internet and Intranet
 1682  Appeals System, and the Claims and Benefits Mainframe System
 1683  shall be deployed to full operational status no later than the
 1684  end of fiscal year 2013-2014 2012-2013.
 1685         Section 45. Subsection (5) of section 443.131, Florida
 1686  Statutes, is amended to read:
 1687         443.131 Contributions.—
 1689         (a) When the Unemployment Compensation Trust Fund has
 1690  received advances from the Federal Government under the
 1691  provisions of 42 U.S.C. s. 1321, each contributing employer
 1692  shall be assessed an additional rate solely for the purpose of
 1693  paying interest due on such federal advances. The additional
 1694  rate shall be assessed no later than February 1 in each calendar
 1695  year in which an interest payment is due.
 1696         (b) The Revenue Estimating Conference shall estimate the
 1697  amount of such interest due on federal advances by no later than
 1698  December 1 of the calendar year before preceding the calendar
 1699  year in which an interest payment is due. The Revenue Estimating
 1700  Conference shall, at a minimum, consider the following as the
 1701  basis for the estimate:
 1702         1. The amounts actually advanced to the trust fund.
 1703         2. Amounts expected to be advanced to the trust fund based
 1704  on current and projected unemployment patterns and employer
 1705  contributions.
 1706         3. The interest payment due date.
 1707         4. The interest rate that will be applied by the Federal
 1708  Government to any accrued outstanding balances.
 1709         (c)(b)The tax collection service provider shall calculate
 1710  the additional rate to be assessed against contributing
 1711  employers. The additional rate assessed for a calendar year is
 1712  shall be determined by dividing the estimated amount of interest
 1713  to be paid in that year by 95 percent of the taxable wages as
 1714  described in s. 443.1217 paid by all employers for the year
 1715  ending June 30 of the previous immediately preceding calendar
 1716  year. The amount to be paid by each employer is shall be the
 1717  product obtained by multiplying such employer’s taxable wages as
 1718  described in s. 443.1217 for the year ending June 30 of the
 1719  previous immediately preceding calendar year by the rate as
 1720  determined by this subsection. An assessment may not be made if
 1721  the amount of assessments on deposit from previous years, plus
 1722  any earned interest, is at least 80 percent of the estimated
 1723  amount of interest.
 1724         (d) The tax collection service provider shall make a
 1725  separate collection of such assessment, which may be collected
 1726  at the time of employer contributions and subject to the same
 1727  penalties for failure to file a report, imposition of the
 1728  standard rate pursuant to paragraph (3)(h), and interest if the
 1729  assessment is not received on or before June 30. Section
 1730  443.141(1)(d) and (e) does not apply to this separately
 1731  collected assessment. The tax collection service provider shall
 1732  maintain those funds in the tax collection service provider’s
 1733  Audit and Warrant Clearing Trust Fund until the provider is
 1734  directed by the Governor or the Governor’s designee to make the
 1735  interest payment to the Federal Government. Assessments on
 1736  deposit must be available to pay the interest on advances
 1737  received from the Federal Government under 42 U.S.C. s. 1321.
 1738  Assessments on deposit may be invested and any interest earned
 1739  shall be part of the balance available to pay the interest on
 1740  advances received from the Federal Government under 42 U.S.C. s.
 1741  1321.
 1742         (e) Four months after In the calendar year that all
 1743  advances from the Federal Government under 42 U.S.C. s. 1321 and
 1744  associated interest are repaid, if there are assessment funds in
 1745  excess of the amount required to meet the final interest
 1746  payment, any such excess assessed funds in the Audit and Warrant
 1747  Clearing Trust Fund, including associated interest, shall be
 1748  transferred to credited to employer accounts in the Unemployment
 1749  Compensation Trust Fund. Any assessment amounts subsequently
 1750  collected shall also be transferred to the Unemployment
 1751  Compensation Trust Fund in an amount equal to the employer’s
 1752  contribution to the assessment for that year divided by the
 1753  total amount of the assessment for that year, the result of
 1754  which is multiplied by the amount of excess assessed funds.
 1755         (f) If However, if the state is permitted to defer interest
 1756  payments due during a calendar year under 42 U.S.C. s. 1322,
 1757  payment of the interest assessment is shall not be due. If a
 1758  deferral of interest expires or is subsequently disallowed by
 1759  the Federal Government, either prospectively or retroactively,
 1760  the interest assessment shall be immediately due and payable.
 1761  Notwithstanding any other provision of this section, if interest
 1762  due during a calendar year on federal advances is forgiven or
 1763  postponed under federal law and is no longer due during that
 1764  calendar year, no interest assessment shall be assessed against
 1765  an employer for that calendar year, and any assessment already
 1766  assessed and collected against an employer before the
 1767  forgiveness or postponement of the interest for that calendar
 1768  year shall be credited to such employer’s account in the
 1769  Unemployment Compensation Trust Fund. However, such funds may be
 1770  used only to pay benefits or refunds of erroneous contributions.
 1771         (g) This subsection expires July 1, 2014.
 1772         Section 46. Paragraph (b) of subsection (2) and paragraph
 1773  (a) of subsection (6) of section 443.151, Florida Statutes, are
 1774  amended to read:
 1775         443.151 Procedure concerning claims.—
 1778         (b) Process.—When the Reemployment Assistance Claims and
 1779  Benefits Information System described in s. 443.1113 is fully
 1780  operational, the process for filing claims must incorporate the
 1781  process for registering for work with the workforce information
 1782  systems established pursuant to s. 445.011. Unless exempted
 1783  under s. 443.091(1)(b)5., a claim for benefits may not be
 1784  processed until the work registration requirement is satisfied.
 1785  The department may adopt rules as necessary to administer the
 1786  work registration requirement set forth in this paragraph.
 1787         (6) RECOVERY AND RECOUPMENT.—
 1788         (a) Any person who, by reason of her or his fraud, receives
 1789  benefits under this chapter to which she or he is not entitled
 1790  is liable for repaying those benefits to the Department of
 1791  Economic Opportunity on behalf of the trust fund or, in the
 1792  discretion of the department, to have those benefits deducted
 1793  from future benefits payable to her or him under this chapter.
 1794  In addition, the department shall impose upon the claimant a
 1795  penalty equal to 15 percent of the amount overpaid. To enforce
 1796  this paragraph, the department must find the existence of fraud
 1797  through a redetermination or decision under this section within
 1798  2 years after the fraud was committed. Any recovery or
 1799  recoupment of benefits must be commenced within 7 years after
 1800  the redetermination or decision.
 1801         Section 47. Effective January 1, 2014, paragraph (a) of
 1802  subsection (4) of section 443.151, Florida Statutes, is amended
 1803  to read:
 1804         (4) APPEALS.—
 1805         (a) Appeals referees.—The Department of Economic
 1806  Opportunity shall appoint one or more impartial salaried appeals
 1807  referees in accordance with s. 443.171(3) to hear and decide
 1808  appealed claims. An appeals referee must be an attorney in good
 1809  standing with the Florida Bar, or must be successfully admitted
 1810  to the Florida Bar within 8 months of his or her date of
 1811  employment. A person may not participate on behalf of the
 1812  department as an appeals referee in any case in which she or he
 1813  is an interested party. The department may designate alternates
 1814  to serve in the absence or disqualification of any appeals
 1815  referee on a temporary basis. These alternates must have the
 1816  same qualifications required of appeals referees. The department
 1817  shall provide the commission and the appeals referees with
 1818  proper facilities and assistance for the execution of their
 1819  functions.
 1820         Section 48. A person who is an employee of the Department
 1821  of Economic Opportunity as of the effective date of this act who
 1822  acts as an appeals referee and who has received the degree of
 1823  Bachelor of Laws or Juris Doctor from a law school accredited by
 1824  the American Bar Association, but is not licensed with the
 1825  Florida Bar, must become successfully admitted to the Florida
 1826  Bar by September 30, 2014.
 1827         Section 49. Subsection (1) of section 443.1715, Florida
 1828  Statutes, is amended to read:
 1829         443.1715 Disclosure of information; confidentiality.—
 1830         (1) RECORDS AND REPORTS.—Information revealing an employing
 1831  unit’s or individual’s identity obtained from the employing unit
 1832  or any individual under the administration of this chapter, and
 1833  any determination revealing that information, is confidential
 1834  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1835  Constitution. This confidential information may be released in
 1836  accordance with the provisions in 20 C.F.R. part 603. A person
 1837  receiving confidential information who violates this subsection
 1838  commits a misdemeanor of the second degree, punishable as
 1839  provided in s. 775.082 or s. 775.083. The Department of Economic
 1840  Opportunity or its tax collection service provider may, however,
 1841  furnish to any employer copies of any report submitted by that
 1842  employer upon the request of the employer and may furnish to any
 1843  claimant copies of any report submitted by that claimant upon
 1844  the request of the claimant. The department or its tax
 1845  collection service provider may charge a reasonable fee for
 1846  copies of these reports as prescribed by rule, which may not
 1847  exceed the actual reasonable cost of the preparation of the
 1848  copies. Fees received for copies under this subsection must be
 1849  deposited in the Employment Security Administration Trust Fund.
 1850         Section 50. Subsection (1) of section 443.191, Florida
 1851  Statutes, is amended to read:
 1852         443.191 Unemployment Compensation Trust Fund; establishment
 1853  and control.—
 1854         (1) There is established, as a separate trust fund apart
 1855  from all other public funds of this state, an Unemployment
 1856  Compensation Trust Fund, which shall be administered by the
 1857  Department of Economic Opportunity exclusively for the purposes
 1858  of this chapter. The fund must shall consist of:
 1859         (a) All contributions and reimbursements collected under
 1860  this chapter;
 1861         (b) Interest earned on any moneys in the fund;
 1862         (c) Any property or securities acquired through the use of
 1863  moneys belonging to the fund;
 1864         (d) All earnings of these properties or securities;
 1865         (e) All money credited to this state’s account in the
 1866  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
 1867  1103; and
 1868         (f) All money collected for penalties imposed pursuant to
 1869  s. 443.151(6)(a); and
 1870         (g) Advances on the amount in the federal Unemployment
 1871  Compensation Trust Fund credited to the state under 42 U.S.C. s.
 1872  1321, as requested by the Governor or the Governor’s designee.
 1874  Except as otherwise provided in s. 443.1313(4), all moneys in
 1875  the fund must shall be mingled and undivided.
 1876         Section 51. Paragraph (b) of subsection (3) and subsection
 1877  (4) of section 446.50, Florida Statutes, are amended to read:
 1878         446.50 Displaced homemakers; multiservice programs; report
 1879  to the Legislature; Displaced Homemaker Trust Fund created.—
 1882         (b)1. The department shall enter into contracts with, and
 1883  make grants to, public and nonprofit private entities for
 1884  purposes of establishing multipurpose service programs for
 1885  displaced homemakers under this section. Such grants and
 1886  contracts must shall be awarded pursuant to chapter 287 and
 1887  based on criteria established in the program state plan as
 1888  provided in subsection (4) developed pursuant to this section.
 1889  The department shall designate catchment areas that together,
 1890  must shall compose the entire state, and, to the extent possible
 1891  from revenues in the Displaced Homemaker Trust Fund, the
 1892  department shall contract with, and make grants to, entities
 1893  that will serve entire catchment areas so that displaced
 1894  homemaker service programs are available statewide. These
 1895  catchment areas must shall be coterminous with the state’s
 1896  workforce development regions. The department may give priority
 1897  to existing displaced homemaker programs when evaluating bid
 1898  responses to the request for proposals.
 1899         2. In order to receive funds under this section, and unless
 1900  specifically prohibited by law from doing so, an entity that
 1901  provides displaced homemaker service programs must receive at
 1902  least 25 percent of its funding from one or more local,
 1903  municipal, or county sources or nonprofit private sources. In
 1904  kind contributions may be evaluated by the department and
 1905  counted as part of the required local funding.
 1906         3. The department shall require an entity that receives
 1907  funds under this section to maintain appropriate data to be
 1908  compiled in an annual report to the department. Such data must
 1909  shall include, but is shall not be limited to, the number of
 1910  clients served, the units of services provided, designated
 1911  client-specific information including intake and outcome
 1912  information specific to each client, costs associated with
 1913  specific services and program administration, total program
 1914  revenues by source and other appropriate financial data, and
 1915  client followup information at specified intervals after the
 1916  placement of a displaced homemaker in a job.
 1918         (a) The Department of Economic Opportunity shall include in
 1919  its annual report required under s. 20.60 a develop a 3-year
 1920  state plan for the displaced homemaker program which shall be
 1921  updated annually. The plan must address, at a minimum, the need
 1922  for programs specifically designed to serve displaced
 1923  homemakers, any necessary service components for such programs
 1924  in addition to those described enumerated in this section, goals
 1925  of the displaced homemaker program with an analysis of the
 1926  extent to which those goals are being met, and recommendations
 1927  for ways to address any unmet program goals. Any request for
 1928  funds for program expansion must be based on the state plan.
 1929         (b)The displaced homemaker program Each annual update must
 1930  address any changes in the components of the 3-year state plan
 1931  and a report that must include, but need not be limited to, the
 1932  following:
 1933         (a)1. The scope of the incidence of displaced homemakers;
 1934         (b)2. A compilation and report, by program, of data
 1935  submitted to the department pursuant to subparagraph (3)(b)3.
 1936  subparagraph 3. by funded displaced homemaker service programs;
 1937         (c)3. An identification and description of the programs in
 1938  the state which receive funding from the department, including
 1939  funding information; and
 1940         (d)4. An assessment of the effectiveness of each displaced
 1941  homemaker service program based on outcome criteria established
 1942  by rule of the department.
 1943         (c) The 3-year state plan must be submitted to the
 1944  President of the Senate, the Speaker of the House of
 1945  Representatives, and the Governor on or before January 1, 2001,
 1946  and annual updates of the plan must be submitted by January 1 of
 1947  each subsequent year.
 1948         Section 52. Except as otherwise expressly provided in this
 1949  act, this act shall take effect upon this act becoming law.
 1951  ================= T I T L E  A M E N D M E N T ================
 1952         And the title is amended as follows:
 1953         Delete everything before the enacting clause
 1954  and insert:
 1955                        A bill to be entitled                      
 1956         An act relating to the Department of Economic
 1957         Opportunity; establishing the Economic Development
 1958         Programs Evaluation; requiring the Office of Economic
 1959         and Demographic Research and the Office of Program
 1960         Policy Analysis and Government Accountability to
 1961         present the evaluation; requiring the offices to
 1962         develop and submit a work plan for completing the
 1963         evaluation by a certain date; requiring the offices to
 1964         provide an analysis of certain economic development
 1965         programs and specifying a schedule; requiring the
 1966         Office of Economic and Demographic Research to make
 1967         certain evaluations in its analysis; limiting the
 1968         office’s evaluation for the purposes of tax credits,
 1969         tax refunds, sales tax exemptions, cash grants, and
 1970         similar programs; requiring the office to use a
 1971         certain model to evaluate each program; requiring the
 1972         Office of Program Policy Analysis and Government
 1973         Accountability to make certain evaluations in its
 1974         analysis; providing the offices access to all data
 1975         necessary to complete the evaluation; amending s.
 1976         20.60, F.S.; revising the date on which the Department
 1977         of Economic Opportunity and Enterprise Florida, Inc.,
 1978         are required to report on the business climate and
 1979         economic development in the state; specifying reports
 1980         and information that must be included; amending s.
 1981         201.15, F.S.; revising the distribution of funds in
 1982         the Grants and Donations Trust Fund; amending s.
 1983         213.053, F.S.; authorizing the Department of Revenue
 1984         to make certain information available to the director
 1985         of the Office of Program Policy Analysis and
 1986         Government Accountability and the coordinator of the
 1987         Office of Economic and Demographic Research;
 1988         authorizing the offices to share certain information;
 1989         amending s. 220.194, F.S.; requiring the annual report
 1990         for the Florida Space Business Incentives Act to be
 1991         included in the annual incentives report; deleting
 1992         certain reporting requirements; amending s. 288.001,
 1993         F.S.; providing a network purpose; providing
 1994         definitions; requiring the statewide director and the
 1995         network to operate the program in compliance with
 1996         federal laws and regulations and a Board of Governors
 1997         regulation; requiring the statewide director to
 1998         consult with the Board of Governors, the Department of
 1999         Economic Opportunity, and the network’s statewide
 2000         advisory board to establish certain policies and
 2001         goals; requiring the network to maintain a statewide
 2002         advisory board; providing for advisory board
 2003         membership; providing for terms of membership;
 2004         providing for certain member reimbursement; requiring
 2005         the director to develop support services; specifying
 2006         support service requirements; requiring businesses
 2007         that receive support services to participate in
 2008         certain assessments; requiring the network to provide
 2009         a match equal to certain state funding; providing
 2010         criteria for the match; requiring the statewide
 2011         director to coordinate with the host institution to
 2012         establish a pay-per-performance incentive; providing
 2013         for pay-per-performance incentive funding and
 2014         distribution; providing a distribution formula
 2015         requirement; requiring the statewide director to
 2016         coordinate with the advisory board to distribute funds
 2017         for certain purposes and develop programs to
 2018         distribute funds for those purposes; requiring the
 2019         network to announce available funding, performance
 2020         expectations, and other requirements; requiring the
 2021         statewide director to present applications and
 2022         recommendations to the advisory board; requiring
 2023         applications approved by the advisory board to be
 2024         publicly posted; providing minimum requirements for a
 2025         program; prohibiting certain regional small business
 2026         development centers from receiving funds; providing
 2027         that match funding may not be reduced for regional
 2028         small business development centers receiving
 2029         additional funds; requiring the statewide director to
 2030         regularly update the Board of Governors, the
 2031         department, and the advisory board with certain
 2032         information; requiring the statewide director, in
 2033         coordination with the advisory board, to annually
 2034         report certain information to the President of the
 2035         Senate and the Speaker of the House of
 2036         Representatives; amending s. 288.005, F.S.; providing
 2037         a definition; amending s. 288.012, F.S.; requiring
 2038         each State of Florida international office to submit a
 2039         report to Enterprise Florida, Inc., for inclusion in
 2040         its annual report; deleting a reporting date; amending
 2041         s. 288.061, F.S.; requiring the Department of Economic
 2042         Opportunity to analyze each economic development
 2043         incentive application; requiring an applicant to
 2044         provide a surety bond to the Department of Economic
 2045         Opportunity before the applicant receives incentive
 2046         awards through the Quick Action Closing Fund or the
 2047         Innovation Incentive Program; requiring the contract
 2048         or agreement to provide that the bond remain in effect
 2049         until all conditions have been satisfied; providing
 2050         that the department may require the bond to cover the
 2051         entire contracted amount or allow for bonds to be
 2052         renewed upon completion of certain performance
 2053         measures; requiring the contract or agreement to
 2054         provide that funds are contingent upon receipt of the
 2055         surety bond; requiring the contract or agreement to
 2056         provide that up to half of the premium payment on the
 2057         bond may be paid from the award up to a certain
 2058         amount; requiring an applicant to notify the
 2059         department of premium payments; providing for certain
 2060         notice requirements upon cancellation or nonrenewal by
 2061         an insurer; providing that the cancellation of the
 2062         surety bond violates the contract or agreement;
 2063         providing an exception; providing for a waiver if
 2064         certain information is provided; providing that if the
 2065         department grants a waiver, the contract or agreement
 2066         must provide for securing the award in a certain form;
 2067         requiring the contract or agreement to provide that
 2068         the release of funds is contingent upon satisfying
 2069         certain requirements; requiring the irrevocable letter
 2070         of credit, trust, or security agreement to remain in
 2071         effect until certain conditions have been satisfied;
 2072         providing for a waiver of the surety bond or other
 2073         security if certain information is provided and the
 2074         department determines it to be in the best interest of
 2075         the state; providing that the waiver of the surety
 2076         bond or other security, for funding in excess of $5
 2077         million, must be approved by the Legislative Budget
 2078         Commission; providing that the state may bring suit
 2079         upon default or upon a violation of this section;
 2080         providing that the department may adopt rules to
 2081         implement this section; amending s. 288.0656, F.S.;
 2082         requiring the Rural Economic Development Initiative to
 2083         submit a report to supplement the Department of
 2084         Economic Opportunity’s annual report; deleting certain
 2085         reporting requirements; repealing s. 288.095(3)(c),
 2086         F.S., relating to the annual report by Enterprise
 2087         Florida, Inc., of programs funded by the Economic
 2088         Development Incentives Account; amending s. 288.106,
 2089         F.S.; deleting and adding provisions relating to the
 2090         application and approval process of the tax refund
 2091         program for qualified target industry businesses;
 2092         requiring the Department of Economic Opportunity to
 2093         include information on qualified target industry
 2094         businesses in the annual incentives report; deleting
 2095         certain reporting requirements; amending s. 288.1081,
 2096         F.S.; requiring the use of loan funds from the
 2097         Economic Gardening Business Loan Pilot Program to be
 2098         included in the department’s annual report; deleting
 2099         certain reporting requirements; amending s. 288.1082,
 2100         F.S.; requiring the progress of the Economic Gardening
 2101         Technical Assistance Pilot Program to be included in
 2102         the department’s annual report; deleting certain
 2103         reporting requirements; amending s. 288.1088, F.S.;
 2104         requiring the department to validate contractor
 2105         performance for the Quick Action Closing Fund and
 2106         include the performance validation in the annual
 2107         incentives report; deleting certain reporting
 2108         requirements; amending s. 288.1089, F.S.; requiring
 2109         that certain projects in the Innovation Incentive
 2110         Program provide a cumulative break-even economic
 2111         benefit; requiring the department to report
 2112         information relating to the Innovation Incentive
 2113         Program in the annual incentives report; deleting
 2114         certain reporting requirements; deleting provisions
 2115         that require the Office of Program Policy Analysis and
 2116         Government Accountability and the Auditor General’s
 2117         Office to report on the Innovation Incentive Program;
 2118         amending s. 288.1226, F.S.; revising membership of the
 2119         board of directors of the Florida Tourism Industry
 2120         Marketing Corporation; providing that the Governor
 2121         shall serve as a nonvoting member; amending s.
 2122         288.1253, F.S.; revising a reporting date; requiring
 2123         expenditures of the Office of Film and Entertainment
 2124         to be included in the annual entertainment industry
 2125         financial incentive program report; amending s.
 2126         288.1254, F.S.; revising a reporting date; requiring
 2127         the annual entertainment industry financial incentive
 2128         program report to include certain information;
 2129         amending s. 288.1258, F.S.; revising a reporting date;
 2130         requiring the report detailing the relationship
 2131         between tax exemptions and incentives to industry
 2132         growth to be included in the annual entertainment
 2133         industry financial incentive program report; amending
 2134         s. 288.714, F.S.; requiring the Department of Economic
 2135         Opportunity’s annual report to include a report on the
 2136         Black Business Loan Program; deleting certain
 2137         reporting requirements; amending s. 288.7771, F.S.;
 2138         requiring the Florida Export Finance Corporation to
 2139         submit a report to Enterprise Florida, Inc.; amending
 2140         s. 288.903, F.S.; requiring Enterprise Florida, Inc.,
 2141         with the Department of Economic Opportunity, to
 2142         prepare an annual incentives report; repealing s.
 2143         288.904(6), F.S., relating to Enterprise Florida,
 2144         Inc., which requires the department to report the
 2145         return on the public’s investment; amending s.
 2146         288.906, F.S.; requiring certain reports to be
 2147         included in the Enterprise Florida, Inc., annual
 2148         report; amending s. 288.907, F.S.; requiring
 2149         Enterprise Florida, Inc., with the Department of
 2150         Economic Opportunity, to prepare the annual incentives
 2151         report; requiring the annual incentives report to
 2152         include certain information; deleting a provision
 2153         requiring the Division of Strategic Business
 2154         Development to assist Enterprise Florida, Inc., with
 2155         the report; 288.92, F.S.; requiring each division of
 2156         Enterprise Florida, Inc., to submit a report; amending
 2157         s. 288.95155, F.S.; requiring the financial status of
 2158         the Florida Small Business Technology Growth Program
 2159         to be included in the annual incentives report;
 2160         amending s. 290.0056, F.S.; revising a reporting date;
 2161         requiring the enterprise zone development agency to
 2162         submit certain information for the Department of
 2163         Economic Opportunity’s annual report; amending s.
 2164         290.014, F.S.; revising a reporting date; requiring
 2165         certain reports on enterprise zones to be included in
 2166         the Department of Economic Opportunity’s annual
 2167         report; amending ss. 290.0411 and 290.042, F.S.;
 2168         revising legislative intent and definitions applicable
 2169         to the Florida Small Cities Community Development
 2170         Block Grant Program Act; amending s. 290.044, F.S.;
 2171         requiring the department to adopt rules for the
 2172         distribution of block grant funds to eligible local
 2173         governments; deleting authority for block grant funds
 2174         to be distributed as loan guarantees to local
 2175         governments; requiring that block grant funds be
 2176         distributed to achieve the department’s community
 2177         development objectives; requiring such objectives to
 2178         be consistent with certain national objectives;
 2179         amending s. 290.0455, F.S.; providing for the state’s
 2180         guarantee of certain federal loans to local
 2181         governments; requiring applicants for such loans to
 2182         pledge a specified amount of revenues to guarantee the
 2183         loans; revising requirements for the department to
 2184         submit recommendations to the Federal Government for
 2185         such loans; revising the maximum amount of the loan
 2186         guarantee commitment that a local government may
 2187         receive and providing exceptions; providing for
 2188         reduction of a local government’s future community
 2189         development block grants if the local government
 2190         defaults on the federal loan; providing procedures if
 2191         a local government is granted entitlement community
 2192         status; amending s. 290.046, F.S.; revising
 2193         application requirements for community development
 2194         block grants and procedures for the ranking of
 2195         applications and the determination of project funding;
 2196         amending s. 290.047, F.S.; revising requirements for
 2197         the establishment of grant ceilings and maximum
 2198         expenditures on administrative costs from community
 2199         development block grants; limiting an eligible local
 2200         government’s authority to contract for specified
 2201         services in connection with community development
 2202         block grants; amending s. 290.0475, F.S.; revising
 2203         conditions under which grant applications are
 2204         ineligible for funding; amending 290.048, F.S.;
 2205         revising the department’s duties to administer the
 2206         Small Cities Community Development Block Grant Loan
 2207         Guarantee Program; deleting provisions authorizing the
 2208         establishment of an advisory committee; amending ss.
 2209         331.3051 and 331.310, F.S.; revising requirements for
 2210         annual reports by Space Florida; amending s. 443.036,
 2211         F.S.; providing examples of misconduct; amending s.
 2212         443.091, F.S.; providing for online work registration
 2213         and providing exceptions; limiting a claimant’s use of
 2214         the same prospective employer to meet work search
 2215         requirements; providing an exception; providing that
 2216         work search requirements do not apply to individuals
 2217         required to participate in reemployment services;
 2218         amending s. 443.101, F.S.; providing for
 2219         disqualification in any week with respect to which the
 2220         department finds that his or her unemployment is due
 2221         to failure without good cause to maintain a license,
 2222         registration, or certification required by applicable
 2223         law necessary for the employee to perform her or his
 2224         assigned job duties; providing examples of “good
 2225         cause”; amending s. 443.1113, F.S., relating to the
 2226         Reemployment Assistance Claims and Benefits
 2227         Information System; revising timeframe for deployment
 2228         of a certain Internet portal as part of such system;
 2229         amending s. 443.131, F.S.; requiring the tax
 2230         collection service provider to calculate a certain
 2231         additional rate; providing for when an assessment may
 2232         not be made; requiring assessments to be available to
 2233         pay interest on federal advances; requiring certain
 2234         excess funds to be transferred to the Unemployment
 2235         Compensation Trust Fund after a certain time period;
 2236         deleting the provision referring to crediting employer
 2237         accounts; providing an expiration date; amending ss.
 2238         443.151 F.S.; revising provisions to conform to
 2239         changes made to benefit eligibility; requiring the
 2240         department to impose a penalty against a claimant who
 2241         is overpaid reemployment assistance benefits due to
 2242         fraud by the claimant; requiring an appeals referee to
 2243         be an attorney in good standing with the Florida Bar
 2244         or successfully admitted within 8 months of hire;
 2245         providing for a person who is an appeals referee as of
 2246         the effective date of this act to become licensed by
 2247         the Florida Bar by September 30, 2014; amending s.
 2248         443.1715, F.S.; prohibiting the unlawful disclosure of
 2249         certain confidential information relating to employing
 2250         units and individuals under the Reemployment
 2251         Assistance Program Law; providing criminal penalties;
 2252         amending 443.191, F.S.; providing for the deposit of
 2253         moneys recovered and penalties collected due to fraud
 2254         in the Unemployment Compensation Trust Fund; amending
 2255         s. 446.50, F.S.; requiring the Department of Economic
 2256         Opportunity’s annual report to include a plan for the
 2257         displaced homemaker program; deleting certain
 2258         reporting requirements; providing effective dates.