Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. PCS (389672) for CS for SB 1024
       
       
       
       
       
       
                                Barcode 317422                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2013           .                                
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       The Committee on Appropriations (Gardiner) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    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).
  205  
  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 (o) of subsection (5) of section
  210  212.08, Florida Statutes, is amended to read:
  211         212.08 Sales, rental, use, consumption, distribution, and
  212  storage tax; specified exemptions.—The sale at retail, the
  213  rental, the use, the consumption, the distribution, and the
  214  storage to be used or consumed in this state of the following
  215  are hereby specifically exempt from the tax imposed by this
  216  chapter.
  217         (5) EXEMPTIONS; ACCOUNT OF USE.—
  218         (o) Building materials in redevelopment projects.—
  219         1. As used in this paragraph, the term:
  220         a. “Building materials” means tangible personal property
  221  that becomes a component part of a housing project or a mixed
  222  use project.
  223         b. “Housing project” means the conversion of an existing
  224  manufacturing or industrial building to a housing unit which is
  225  units in an urban high-crime area, an enterprise zone, an
  226  empowerment zone, a Front Porch Community, a designated
  227  brownfield site for which a rehabilitation agreement with the
  228  Department of Environmental Protection or a local government
  229  delegated by the Department of Environmental Protection has been
  230  executed under s. 376.80 and any abutting real property parcel
  231  within a brownfield area, or an urban infill area; and in which
  232  the developer agrees to set aside at least 20 percent of the
  233  housing units in the project for low-income and moderate-income
  234  persons or the construction in a designated brownfield area of
  235  affordable housing for persons described in s. 420.0004(9),
  236  (11), (12), or (17) or in s. 159.603(7).
  237         c. “Mixed-use project” means the conversion of an existing
  238  manufacturing or industrial building to mixed-use units that
  239  include artists’ studios, art and entertainment services, or
  240  other compatible uses. A mixed-use project must be located in an
  241  urban high-crime area, an enterprise zone, an empowerment zone,
  242  a Front Porch Community, a designated brownfield site for which
  243  a rehabilitation agreement with the Department of Environmental
  244  Protection or a local government delegated by the Department of
  245  Environmental Protection has been executed under s. 376.80 and
  246  any abutting real property parcel within a brownfield area, or
  247  an urban infill area;, and the developer must agree to set aside
  248  at least 20 percent of the square footage of the project for
  249  low-income and moderate-income housing.
  250         d. “Substantially completed” has the same meaning as
  251  provided in s. 192.042(1).
  252         2. Building materials used in the construction of a housing
  253  project or mixed-use project are exempt from the tax imposed by
  254  this chapter upon an affirmative showing to the satisfaction of
  255  the department that the requirements of this paragraph have been
  256  met. This exemption inures to the owner through a refund of
  257  previously paid taxes. To receive this refund, the owner must
  258  file an application under oath with the department which
  259  includes:
  260         a. The name and address of the owner.
  261         b. The address and assessment roll parcel number of the
  262  project for which a refund is sought.
  263         c. A copy of the building permit issued for the project.
  264         d. A certification by the local building code inspector
  265  that the project is substantially completed.
  266         e. A sworn statement, under penalty of perjury, from the
  267  general contractor licensed in this state with whom the owner
  268  contracted to construct the project, which statement lists the
  269  building materials used in the construction of the project and
  270  the actual cost thereof, and the amount of sales tax paid on
  271  these materials. If a general contractor was not used, the owner
  272  shall provide this information in a sworn statement, under
  273  penalty of perjury. Copies of invoices evidencing payment of
  274  sales tax must be attached to the sworn statement.
  275         3. An application for a refund under this paragraph must be
  276  submitted to the department within 6 months after the date the
  277  project is deemed to be substantially completed by the local
  278  building code inspector. Within 30 working days after receipt of
  279  the application, the department shall determine if it meets the
  280  requirements of this paragraph. A refund approved pursuant to
  281  this paragraph shall be made within 30 days after formal
  282  approval of the application by the department.
  283         4. The department shall establish by rule an application
  284  form and criteria for establishing eligibility for exemption
  285  under this paragraph.
  286         5. The exemption shall apply to purchases of materials on
  287  or after July 1, 2000.
  288         Section 5. The amendments to sections 212.08 and 288.107,
  289  Florida Statutes, made by this act do not apply to building
  290  materials purchased before the effective date of this act or to
  291  contracts for brownfield redevelopment bonus refunds executed by
  292  the Department of Economic Opportunity or Enterprise Florida,
  293  Inc., before the effective date of this act.
  294         Section 6. Paragraph (bb) is added to subsection (8) of
  295  section 213.053, Florida Statutes, to read:
  296         213.053 Confidentiality and information sharing.—
  297         (8) Notwithstanding any other provision of this section,
  298  the department may provide:
  299         (bb)Information to the director of the Office of Program
  300  Policy Analysis and Government Accountability or his or her
  301  authorized agent, and to the coordinator of the Office of
  302  Economic and Demographic Research or his or her authorized
  303  agent, for purposes of completing the Economic Development
  304  Programs Evaluation. Information obtained from the department
  305  pursuant to this paragraph may be shared by the director and the
  306  coordinator, or the director’s or coordinator’s authorized
  307  agent, for purposes of completing the Economic Development
  308  Programs Evaluation.
  309  
  310  Disclosure of information under this subsection shall be
  311  pursuant to a written agreement between the executive director
  312  and the agency. Such agencies, governmental or nongovernmental,
  313  shall be bound by the same requirements of confidentiality as
  314  the Department of Revenue. Breach of confidentiality is a
  315  misdemeanor of the first degree, punishable as provided by s.
  316  775.082 or s. 775.083.
  317         Section 7. Subsection (9) of section 220.194, Florida
  318  Statutes, is amended to read:
  319         220.194 Corporate income tax credits for spaceflight
  320  projects.—
  321         (9) ANNUAL REPORT.—Beginning in 2014, the Department of
  322  Economic Opportunity, in cooperation with Space Florida and the
  323  department, shall include in the submit an annual incentives
  324  report required under s. 288.907 a summary of summarizing
  325  activities relating to the Florida Space Business Incentives Act
  326  established under this section to the Governor, the President of
  327  the Senate, and the Speaker of the House of Representatives by
  328  each November 30.
  329         Section 8. Section 288.001, Florida Statutes, is amended to
  330  read:
  331         288.001 The Florida Small Business Development Center
  332  Network; purpose.—
  333         (1) PURPOSE.—The Florida Small Business Development Center
  334  Network is the principal business assistance organization for
  335  small businesses in the state. The purpose of the network is to
  336  serve emerging and established for-profit, privately held
  337  businesses that maintain a place of business in the state.
  338         (2)DEFINITIONS.—As used in this section, the term:
  339         (a) “Board of Governors” is the Board of Governors of the
  340  State University System.
  341         (b) “Host institution” is the university designated by the
  342  Board of Governors to be the recipient organization in
  343  accordance with 13 C.F.R. s. 130.200.
  344         (c) “Network” means the Florida Small Business Development
  345  Center Network.
  346         (3) OPERATION; POLICIES AND PROGRAMS.—
  347         (a)The network’s statewide director shall operate the
  348  network in compliance with the federal laws and regulations
  349  governing the network and the Board of Governors Regulation
  350  10.015.
  351         (b)The network’s statewide director shall consult with the
  352  Board of Governors, the department, and the network’s statewide
  353  advisory board to ensure that the network’s policies and
  354  programs align with the statewide goals of the State University
  355  System and the statewide strategic economic development plan as
  356  provided under s. 20.60.
  357         (4) STATEWIDE ADVISORY BOARD.—
  358         (a)The network shall maintain a statewide advisory board
  359  to advise, counsel, and confer with the statewide director on
  360  matters pertaining to the operation of the network.
  361         (b) The statewide advisory board shall consist of 19
  362  members from across the state. At least 12 members must be
  363  representatives of the private sector who are knowledgeable of
  364  the needs and challenges of small businesses. The members must
  365  represent various segments and industries of the economy in this
  366  state and must bring knowledge and skills to the statewide
  367  advisory board which would enhance the board’s collective
  368  knowledge of small business assistance needs and challenges.
  369  Minority and gender representation must be considered when
  370  making appointments to the board. The board must include the
  371  following members:
  372         1.Three members appointed from the private sector by the
  373  President of the Senate.
  374         2.Three members appointed from the private sector by the
  375  Speaker of the House of Representatives.
  376         3.Three members appointed from the private sector by the
  377  Governor.
  378         4.Three members appointed from the private sector by the
  379  network’s statewide director.
  380         5.One member appointed by the host institution.
  381         6.The President of Enterprise Florida, Inc., or his or her
  382  designee.
  383         7.The Chief Financial Officer or his or her designee.
  384         8.The President of the Florida Chamber of Commerce or his
  385  or her designee.
  386         9.The Small Business Development Center Project Officer
  387  from the U.S. Small Business Administration at the South Florida
  388  District Office or his or her designee.
  389         10.The executive director of the National Federation of
  390  Independent Businesses, Florida, or his or her designee.
  391         11.The executive director of the Florida United Business
  392  Association or his or her designee.
  393         (c)The term of an appointed member shall be for 4 years,
  394  beginning August 1, 2013, except that at the time of initial
  395  appointments, two members appointed by the Governor, one member
  396  appointed by the President of the Senate, one member appointed
  397  by the Speaker of the House of Representatives, and one member
  398  appointed by the network’s statewide director shall be appointed
  399  for 2 years. An appointed member may be reappointed to a
  400  subsequent term. Members of the statewide advisory board may not
  401  receive compensation but may be reimbursed for per diem and
  402  travel expenses in accordance with s. 112.061.
  403         (5) SMALL BUSINESS SUPPORT SERVICES; AGREEMENT.—
  404         (a) The statewide director, in consultation with the
  405  advisory board, shall develop support services that are
  406  delivered through regional small business development centers.
  407  Support services must target the needs of businesses that employ
  408  fewer than 100 persons and demonstrate an assessed capacity to
  409  grow in employment or revenue.
  410         (b) Support services must include, but need not be limited
  411  to, providing information or research, consulting, educating, or
  412  assisting businesses in the following activities:
  413         1. Planning related to the start-up, operation, or
  414  expansion of a small business enterprise in this state. Such
  415  activities include providing guidance on business formation,
  416  structure, management, registration, regulation, and taxes.
  417         2. Developing and implementing strategic or business plans.
  418  Such activities include analyzing a business’s mission, vision,
  419  strategies, and goals; critiquing the overall plan; and creating
  420  performance measures.
  421         3. Developing the financial literacy of existing businesses
  422  related to their business cash flow and financial management
  423  plans. Such activities include conducting financial analysis
  424  health checks, assessing cost control management techniques, and
  425  building financial management strategies and solutions.
  426         4. Developing and implementing plans for existing
  427  businesses to access or expand to new or existing markets. Such
  428  activities include conducting market research, researching and
  429  identifying expansion opportunities in international markets,
  430  and identifying opportunities in selling to units of government.
  431         5. Supporting access to capital for business investment and
  432  expansion. Such activities include providing technical
  433  assistance relating to obtaining surety bonds; identifying and
  434  assessing potential debt or equity investors or other financing
  435  opportunities; assisting in the preparation of applications,
  436  projections, or pro forma or other support documentation for
  437  surety bond, loan, financing, or investment requests; and
  438  facilitating conferences with lenders or investors.
  439         6. Assisting existing businesses to plan for a natural or
  440  man-made disaster, and assisting businesses when such an event
  441  occurs. Such activities include creating business continuity and
  442  disaster plans, preparing disaster and bridge loan applications,
  443  and carrying out other emergency support functions.
  444         (c)A business receiving support services must agree to
  445  participate in assessments of such services. The agreement, at a
  446  minimum, must request the business to report demographic
  447  characteristics, changes in employment and sales, debt and
  448  equity capital attained, and government contracts acquired. The
  449  host institution may require additional reporting requirements
  450  for funding described in subsection (7).
  451         (6)REQUIRED MATCH.—The network must provide a match equal
  452  to the total amount of any direct legislative appropriation
  453  which is received directly by the host institution and is
  454  specifically designated for the network. The match may include
  455  funds from federal or other nonstate funding sources designated
  456  for the network. At least 50 percent of the match must be cash.
  457  The remaining 50 percent may be provided through any allowable
  458  combination of additional cash, in-kind contributions, or
  459  indirect costs.
  460         (7) ADDITIONAL STATE FUNDS; USES; PAY-PER-PERFORMANCE
  461  INCENTIVES; STATEWIDE SERVICE; SERVICE ENHANCEMENTS; BEST
  462  PRACTICES; ELIGIBILITY.—
  463         (a) The statewide director, in coordination with the host
  464  institution, shall establish a pay-per-performance incentive for
  465  regional small business development centers. Such incentive
  466  shall be funded from half of any state appropriation received
  467  directly by the host institution, which appropriation is
  468  specifically designated for the network. These funds shall be
  469  distributed to the regional small business development centers
  470  based upon data collected from the businesses as provided under
  471  paragraph (5)(c). The distribution formula must provide for the
  472  distribution of funds in part on the gross number of jobs
  473  created annually by each center and in part on the number of
  474  jobs created per support service hour. The pay-per-performance
  475  incentive must supplement the operations and support services of
  476  each regional small business development center.
  477         (b) Half of any state funds received directly by the host
  478  institution which are specifically designated for the network
  479  shall be distributed by the statewide director, in coordination
  480  with the advisory board, for the following purposes:
  481         1. Ensuring that support services are available statewide,
  482  especially in underserved and rural areas of the state, to
  483  assist eligible businesses;
  484         2. Enhancing participation in the network among state
  485  universities and colleges; and
  486         3. Facilitating the adoption of innovative small business
  487  assistance best practices by the regional small business
  488  development centers.
  489         (c) The statewide director, in coordination with the
  490  advisory board, shall develop annual programs to distribute
  491  funds for each of the purposes described in paragraph (b). The
  492  network shall announce the annual amount of available funds for
  493  each program, performance expectations, and other requirements.
  494  For each program, the statewide director shall present
  495  applications and recommendations to the advisory board. The
  496  advisory board shall make the final approval of applications.
  497  Approved applications must be publicly posted. At a minimum,
  498  programs must include:
  499         1. New regional small business development centers; and
  500         2. Awards for the top six regional small business
  501  development centers that adopt best practices, as determined by
  502  the advisory board. Detailed information about best practices
  503  must be made available to regional small business development
  504  centers for voluntary implementation.
  505         (d) A regional small business development center that has
  506  been found by the statewide director to perform poorly, to
  507  engage in improper activity affecting the operation and
  508  integrity of the network, or to fail to follow the rules and
  509  procedures set forth in the laws, regulations, and policies
  510  governing the network, is not eligible for funds under this
  511  subsection.
  512         (e) Funds awarded under this subsection may not reduce
  513  matching funds dedicated to the regional small business
  514  development centers.
  515         (8) REPORTING.—
  516         (a) The statewide director shall quarterly update the Board
  517  of Governors, the department, and the advisory board on the
  518  network’s progress and outcomes, including aggregate information
  519  on businesses assisted by the network.
  520         (b) The statewide director, in coordination with the
  521  advisory board, shall annually report, on October 1, to the
  522  President of the Senate and the Speaker of the House of
  523  Representatives on the network’s progress and outcomes for the
  524  previous fiscal year. The report must include aggregate
  525  information on businesses assisted by the network; network
  526  services and programs; the use of all federal, state, local, and
  527  private funds received by the network and the regional small
  528  business development centers, including any additional funds
  529  specifically appropriated by the Legislature for the purposes
  530  described in subsection (7); and the network’s economic benefit
  531  to the state. The report must contain specific information on
  532  performance-based metrics and contain the methodology used to
  533  calculate the network’s economic benefit to the state.
  534         Section 9. Subsection (4) is added to section 288.005,
  535  Florida Statutes, to read:
  536         288.005 Definitions.—As used in this chapter, the term:
  537         (4) “Jobs” means full-time equivalent positions, including,
  538  but not limited to, positions obtained from a temporary
  539  employment agency or employee leasing company or through a union
  540  agreement or coemployment under a professional employer
  541  organization agreement, which result directly from a project in
  542  this state. This number does not include temporary construction
  543  jobs involved with the construction of facilities for the
  544  project.
  545         Section 10. Subsection (3) of section 288.012, Florida
  546  Statutes, is amended to read:
  547         288.012 State of Florida international offices; state
  548  protocol officer; protocol manual.—The Legislature finds that
  549  the expansion of international trade and tourism is vital to the
  550  overall health and growth of the economy of this state. This
  551  expansion is hampered by the lack of technical and business
  552  assistance, financial assistance, and information services for
  553  businesses in this state. The Legislature finds that these
  554  businesses could be assisted by providing these services at
  555  State of Florida international offices. The Legislature further
  556  finds that the accessibility and provision of services at these
  557  offices can be enhanced through cooperative agreements or
  558  strategic alliances between private businesses and state, local,
  559  and international governmental entities.
  560         (3) By October 1 of each year, Each international office
  561  shall annually submit to Enterprise Florida, Inc., the
  562  department a complete and detailed report on its activities and
  563  accomplishments during the previous preceding fiscal year for
  564  inclusion in the annual report required under s. 288.906. In the
  565  a format and by the annual date prescribed provided by
  566  Enterprise Florida, Inc., the report must set forth information
  567  on:
  568         (a) The number of Florida companies assisted.
  569         (b) The number of inquiries received about investment
  570  opportunities in this state.
  571         (c) The number of trade leads generated.
  572         (d) The number of investment projects announced.
  573         (e) The estimated U.S. dollar value of sales confirmations.
  574         (f) The number of representation agreements.
  575         (g) The number of company consultations.
  576         (h) Barriers or other issues affecting the effective
  577  operation of the office.
  578         (i) Changes in office operations which are planned for the
  579  current fiscal year.
  580         (j) Marketing activities conducted.
  581         (k) Strategic alliances formed with organizations in the
  582  country in which the office is located.
  583         (l) Activities conducted with Florida’s other international
  584  offices.
  585         (m) Any other information that the office believes would
  586  contribute to an understanding of its activities.
  587         Section 11. Section 288.061, Florida Statutes, is amended
  588  to read:
  589         288.061 Economic development incentive application
  590  process.—
  591         (1) Upon receiving a submitted economic development
  592  incentive application, the Division of Strategic Business
  593  Development of the Department of Economic Opportunity and
  594  designated staff of Enterprise Florida, Inc., shall review the
  595  application to ensure that the application is complete, whether
  596  and what type of state and local permits may be necessary for
  597  the applicant’s project, whether it is possible to waive such
  598  permits, and what state incentives and amounts of such
  599  incentives may be available to the applicant. The department
  600  shall recommend to the executive director to approve or
  601  disapprove an applicant business. If review of the application
  602  demonstrates that the application is incomplete, the executive
  603  director shall notify the applicant business within the first 5
  604  business days after receiving the application.
  605         (2) Beginning July 1, 2013, the department shall review and
  606  evaluate each economic development incentive application for the
  607  economic benefits of the proposed award of state incentives
  608  proposed for the project. The term “economic benefits” has the
  609  same meaning as in s. 288.005. The Office of Economic and
  610  Demographic Research shall review and evaluate the methodology
  611  and model used to calculate the economic benefits. For purposes
  612  of this requirement, an amended definition of economic benefits
  613  may be developed in conjunction with the Office of Economic and
  614  Demographic Research. The Office of Economic and Demographic
  615  Research shall report on the methodology and model by September
  616  1, 2013, and every third year thereafter, to the President of
  617  the Senate and the Speaker of the House of Representatives.
  618         (3)(2) Within 10 business days after the department
  619  receives the submitted economic development incentive
  620  application, the executive director shall approve or disapprove
  621  the application and issue a letter of certification to the
  622  applicant which includes a justification of that decision,
  623  unless the business requests an extension of that time.
  624         (a) The contract or agreement with the applicant must shall
  625  specify the total amount of the award, the performance
  626  conditions that must be met to obtain the award, the schedule
  627  for payment, and sanctions that would apply for failure to meet
  628  performance conditions. The department may enter into one
  629  agreement or contract covering all of the state incentives that
  630  are being provided to the applicant. The contract must provide
  631  that release of funds is contingent upon sufficient
  632  appropriation of funds by the Legislature.
  633         (b) The release of funds for the incentive or incentives
  634  awarded to the applicant depends upon the statutory requirements
  635  of the particular incentive program, except as provided in
  636  subsection (4).
  637         (4)(a)In order to receive an incentive under s. 288.1088
  638  or s. 288.1089, an applicant must provide the department with a
  639  surety bond, issued by an insurer authorized to do business in
  640  this state, for the amount of the award under the incentive
  641  contract or agreement. Funds may not be paid to an applicant
  642  until the department certifies compliance with this subsection.
  643         1. The contract or agreement must provide that the bond
  644  remain in effect until all performance conditions in the
  645  contract or agreement have been satisfied. The department may
  646  require the bond to cover the entire amount of the contract or
  647  agreement or allow for a bond to be renewed upon the completion
  648  of scheduled performance measurements specified in the contract
  649  or agreement. The contract or agreement must provide that the
  650  release of any funds is contingent upon receipt by the
  651  department of the surety bond.
  652         2.The contract or agreement must provide that up to half
  653  of the premium payment on the surety bond may be paid from the
  654  award amount, not to exceed 3 percent of the award.
  655         3. The applicant shall notify the department at least 10
  656  days before each premium payment is due.
  657         4. Any notice of cancellation or nonrenewal issued by an
  658  insurer must comply with the notice requirements of s. 626.9201.
  659  If the applicant receives a notice of cancellation or
  660  nonrenewal, the applicant must immediately notify the
  661  department.
  662         5.The cancellation of the surety bond is a violation of
  663  the contract or agreement between the applicant and the
  664  department. The department is released from any obligation to
  665  make future scheduled payments unless the applicant is able to
  666  secure a new surety bond or comply with the requirements of
  667  paragraphs (b) and (c) within 90 days before the effective date
  668  of the cancellation.
  669         (b) If an applicant is unable to secure a surety bond or
  670  can demonstrate that obtaining a bond is unreasonable in cost,
  671  the department may waive the requirements specified in paragraph
  672  (a) by certifying in writing to the Governor, President of the
  673  Senate, and Speaker of the House of Representatives the
  674  following information:
  675         1.An explanation stating the reasons why the applicant
  676  could not obtain a bond, to the extent such information is not
  677  confidential under s. 288.075;
  678         2. A description of the economic benefits expected to be
  679  generated by the incentive award which indicates that the
  680  project warrants waiver of the requirement; and
  681         3. An evaluation of the quality and value of the applicant
  682  which supports the selection of the alternative securitization
  683  under paragraph (c). The department’s evaluation must consider
  684  the following information when determining the form for securing
  685  the award amount:
  686         a. A financial analysis of the company, including an
  687  evaluation of the company’s short-term liquidity ratio as
  688  measured by its assets to liability, the company’s profitability
  689  ratio, and the company’s long-term solvency as measured by its
  690  debt-to-equity ratio;
  691         b. The historical market performance of the company;
  692         c. Any independent evaluations of the company;
  693         d. The latest audit of the company’s financial statement
  694  and the related auditor’s management letter; and
  695         e. Any other types of reports that are related to the
  696  internal controls or management of the company.
  697         (c)1. If the department grants a waiver under paragraph
  698  (b), the incentives contract or agreement must provide for
  699  securing the award amount in one of the following forms:
  700         a. An irrevocable letter of credit issued by a financial
  701  institution, as defined in s. 655.005;
  702         b. Cash or securities held in trust by a financial
  703  institution, as defined in s. 655.005, and subject to a control
  704  agreement; or
  705         c. A secured transaction in collateral under the control or
  706  possession of the applicant for the value of the award amount.
  707  The department is authorized to negotiate the terms and
  708  conditions of the security agreement.
  709         2.The contract or agreement must provide that the release
  710  of any funds is contingent upon the receipt of documentation by
  711  the department which satisfies all of the requirements found in
  712  this paragraph. Funds may not be paid to the applicant until the
  713  department certifies compliance with this subsection.
  714         3.The irrevocable letter of credit, trust, or security
  715  agreement must remain in effect until all performance conditions
  716  specified in the contract or agreement have been satisfied.
  717  Failure to comply with this provision results in a violation of
  718  the contract or agreement between the applicant and the
  719  department and releases the department from any obligation to
  720  make future scheduled payments.
  721         (d) The department may waive the requirements of paragraphs
  722  (a) through (c) by certifying to the Governor and the chair and
  723  vice chair of the Legislative Budget Commission the following
  724  information:
  725         1. The applicant demonstrates the financial ability to
  726  fulfill the requirements of the contract and has submitted an
  727  independently audited financial statement for the previous 5
  728  years;
  729         2. If applicable, the applicant was previously a recipient
  730  of an incentive under an economic development program, was
  731  subject to clawback requirements, and timely complied with those
  732  provisions; and
  733         3. The department has determined that waiver of the
  734  requirements of paragraphs (a) through (c) is in the best
  735  interest of the state.
  736         (e) For waivers granted under paragraph (d), the department
  737  shall provide a written description and evaluation of the waiver
  738  to the chair and vice chair of the Legislative Budget
  739  Commission. Such information may be provided at the same time
  740  that the information for the project consultation is provided to
  741  the Legislative Budget Commission under s. 288.1088 or s.
  742  288.1089. If the chair or vice chair of the Legislative Budget
  743  Commission timely advises the department that such action or
  744  proposed action exceeds delegated authority or is contrary to
  745  legislative policy or intent, the department shall void the
  746  waiver until the Legislative Budget Commission or the
  747  Legislature addresses the issue. A waiver granted by the
  748  department for any project exceeding $5 million must be approved
  749  by the Legislative Budget Commission.
  750         (f) The provisions of this subsection shall apply to any
  751  contract entered into on or after July 1, 2013.
  752         (5) In the event of default on the performance conditions
  753  specified in the contract or agreement, or violation of any of
  754  the provisions found in this section, the state may, in addition
  755  to any other remedy provided by law, bring suit to enforce its
  756  interest.
  757         (6)(3) The department shall validate contractor performance
  758  and report. such Such validation shall be reported in the annual
  759  incentives incentive report required under s. 288.907.
  760         (7) The department is authorized to adopt rules to
  761  implement this section.
  762         Section 12. Subsection (8) of section 288.0656, Florida
  763  Statutes, is amended to read:
  764         288.0656 Rural Economic Development Initiative.—
  765         (8) REDI shall submit a report to the department Governor,
  766  the President of the Senate, and the Speaker of the House of
  767  Representatives each year on or before September 1 on all REDI
  768  activities for the previous prior fiscal year as a supplement to
  769  the department’s annual report required under s. 20.60. This
  770  supplementary report must shall include:
  771         (a) A status report on all projects currently being
  772  coordinated through REDI, the number of preferential awards and
  773  allowances made pursuant to this section, the dollar amount of
  774  such awards, and the names of the recipients.
  775         (b)The report shall also include A description of all
  776  waivers of program requirements granted.
  777         (c)The report shall also include Information as to the
  778  economic impact of the projects coordinated by REDI., and
  779         (d) Recommendations based on the review and evaluation of
  780  statutes and rules having an adverse impact on rural
  781  communities, and proposals to mitigate such adverse impacts.
  782         Section 13. Effective October 1, 2013, section 288.076,
  783  Florida Statutes, is created to read:
  784         288.076Return on investment reporting for economic
  785  development programs.—
  786         (1) As used in this section, the term:
  787         (a) “Jobs” has the same meaning as provided in s.
  788  288.106(2)(i).
  789         (b) “Participant business” means an employing unit, as
  790  defined in s. 443.036, that has entered into an agreement with
  791  the department to receive a state investment.
  792         (c) “Project” has the same meaning as provided in s.
  793  288.106(2)(m).
  794         (d) “Project award date” means the date a participant
  795  business enters into an agreement with the department to receive
  796  a state investment.
  797         (e) “State investment” means any state grants, tax
  798  exemptions, tax refunds, tax credits, or other state incentives
  799  provided to a business under a program administered by the
  800  department, including the capital investment tax credit under s.
  801  220.191.
  802         (2) The department shall maintain a website for the purpose
  803  of publishing the information described in this section. The
  804  information required to be published under this section must be
  805  provided in a format accessible to the public which enables
  806  users to search for and sort specific data and to easily view
  807  and retrieve all data at once.
  808         (3) Within 48 hours after expiration of the period of
  809  confidentiality for project information deemed confidential and
  810  exempt pursuant to s. 288.075, the department shall publish the
  811  following information pertaining to each project:
  812         (a) Projected economic benefits.—The projected economic
  813  benefits at the time of the initial project award date.
  814         (b) Project information.
  815         1. The program or programs through which state investment
  816  is being made.
  817         2. The maximum potential cumulative state investment in the
  818  project.
  819         3. The target industry or industries, and any high impact
  820  sectors implicated by the project.
  821         4. The county or counties that will be impacted by the
  822  project.
  823         5. The total cumulative local financial commitment and in
  824  kind support for the project.
  825         (c) Participant business information.
  826         1. The location of the headquarters of the participant
  827  business or, if a subsidiary, the headquarters of the parent
  828  company.
  829         2. The firm size class of the participant business, or
  830  where owned by a parent company the firm size class of the
  831  participant business’s parent company, using the firm size
  832  classes established by the United States Department of Labor
  833  Bureau of Labor Statistics, and whether the participant business
  834  qualifies as a small business as defined in s. 288.703.
  835         3. The date of the project award.
  836         4. The expected duration of the contract.
  837         5. The anticipated dates when the participant business will
  838  claim the last state investment.
  839         (d) Project evaluation criteria.
  840         1. Economic benefits generated by the project.
  841         2. The net indirect and induced incremental jobs to be
  842  generated by the project.
  843         3. The net indirect and induced incremental capital
  844  investment to be generated by the project.
  845         (e) Project performance goals.
  846         1. The incremental direct jobs attributable to the project,
  847  identifying the number of jobs generated and the number of jobs
  848  retained.
  849         2. The number of jobs generated and the number of jobs
  850  retained by the project, and for projects commencing after
  851  October 1, 2013, the median annual wage of persons holding such
  852  jobs.
  853         3. The incremental direct capital investment in the state
  854  generated by the project.
  855         (f) Total state investment to date.—The total amount of
  856  state investment disbursed to the participant business to date
  857  under the terms of the contract, itemized by incentive program.
  858         (4) The department shall use methodology and formulas
  859  established by the Office of Economic and Demographic Research
  860  to calculate the economic benefits of each project. The
  861  department shall calculate and publish on its website the
  862  economic benefits of each project within 48 hours after the
  863  conclusion of the agreement between each participant business
  864  and the department. The Office of Economic and Demographic
  865  Research shall provide a description of the methodology used to
  866  calculate the economic benefits of a project to the department,
  867  and the department must publish the information on its website
  868  within 48 hours after receiving such information.
  869         (5) At least annually, from the project award date, the
  870  department shall:
  871         (a) Publish verified results to update the information
  872  described in paragraphs (3)(b)-(f) to accurately reflect any
  873  changes in the published information since the project award
  874  date.
  875         (b) Publish on its website the date on which the
  876  information collected and published for each project was last
  877  updated.
  878         (6) Annually, the department shall publish information
  879  relating to the progress of Quick Action Closing Fund projects,
  880  including the average number of days between the date the
  881  department receives a completed application and the date on
  882  which the application is approved.
  883         (7) The department shall publish the following documents at
  884  the times specified herein:
  885         (a) Within 48 hours after expiration of the period of
  886  confidentiality provided under s. 288.075, the department shall
  887  publish the contract or agreement described in s. 288.061. The
  888  contract or agreement must be redacted to protect the
  889  participant business from disclosure of information that remains
  890  confidential or exempt by law.
  891         (b) Within 48 hours after submitting any report of findings
  892  and recommendations made pursuant to s. 288.106(7)(d) concerning
  893  a business’s failure to complete a tax refund agreement pursuant
  894  to the tax refund program for qualified target industry
  895  businesses, the department shall publish such report.
  896         (8) For projects completed before October 1, 2013, the
  897  department shall compile and, by October 1, 2014, shall publish
  898  the information described in subsections (3), (4), and (5), to
  899  the extent such information is available and applicable.
  900         (9) The provisions of this section that restrict the
  901  department’s publication of information are intended only to
  902  limit the information that the department may publish on its
  903  website and shall not be construed to create an exemption from
  904  public records requirements under s. 119.07(1) or s. 24(a), Art.
  905  I of the State Constitution.
  906         (10) The department may adopt rules to administer this
  907  section.
  908         Section 14. Paragraph (c) of subsection (3) of section
  909  288.095, Florida Statutes, is repealed.
  910         Section 15. Paragraph (c) of subsection (4) and paragraph
  911  (d) of subsection (7) of section 288.106, Florida Statutes, are
  912  amended to read:
  913         288.106 Tax refund program for qualified target industry
  914  businesses.—
  915         (4) APPLICATION AND APPROVAL PROCESS.—
  916         (c) Each application meeting the requirements of paragraph
  917  (b) must be submitted to the department for determination of
  918  eligibility. The department shall review and evaluate each
  919  application based on, but not limited to, the following
  920  criteria:
  921         1. Expected contributions to the state’s economy,
  922  consistent with the state strategic economic development plan
  923  prepared by the department.
  924         2. The economic benefits of the proposed award of tax
  925  refunds under this section and the economic benefits of state
  926  incentives proposed for the project. The term “economic
  927  benefits” has the same meaning as in s. 288.005. The Office of
  928  Economic and Demographic Research shall review and evaluate the
  929  methodology and model used to calculate the economic benefits
  930  and shall report its findings by September 1 of every 3rd year,
  931  to the President of the Senate and the Speaker of the House of
  932  Representatives.
  933         3. The amount of capital investment to be made by the
  934  applicant in this state.
  935         4. The local financial commitment and support for the
  936  project.
  937         5. The expected effect of the project on the unemployed and
  938  underemployed unemployment rate in the county where the project
  939  will be located.
  940         6. The expected effect of the award on the viability of the
  941  project and the probability that the project would be undertaken
  942  in this state if such tax refunds are granted to the applicant.
  943         7. The expected long-term commitment of the applicant to
  944  economic growth and employment in this state resulting from the
  945  project.
  946         7.8. A review of the business’s past activities in this
  947  state or other states, including whether the such business has
  948  been subjected to criminal or civil fines and penalties and
  949  whether the business received economic development incentives in
  950  other states and the results of such incentive agreements. This
  951  subparagraph does not require the disclosure of confidential
  952  information.
  953         (7) ADMINISTRATION.—
  954         (d) Beginning with tax refund agreements signed after July
  955  1, 2010, the department shall attempt to ascertain the causes
  956  for any business’s failure to complete its agreement and shall
  957  report its findings and recommendations must be included in the
  958  annual incentives report under s. 288.907 to the Governor, the
  959  President of the Senate, and the Speaker of the House of
  960  Representatives. The report shall be submitted by December 1 of
  961  each year beginning in 2011.
  962         Section 16. Paragraphs (c) and (d) of subsection (1),
  963  subsections (2) and (3), and paragraphs (a), (b), and (f) of
  964  subsection (4) of section 288.107, Florida Statutes, are amended
  965  to read:
  966         288.107 Brownfield redevelopment bonus refunds.—
  967         (1) DEFINITIONS.—As used in this section:
  968         (c) “Brownfield area eligible for bonus refunds” means a
  969  brownfield site for which a rehabilitation agreement with the
  970  Department of Environmental Protection or a local government
  971  delegated by the Department of Environmental Protection has been
  972  executed under s. 376.80 and any abutting real property parcel
  973  within a brownfield contiguous area of one or more brownfield
  974  sites, some of which may not be contaminated, and which has been
  975  designated by a local government by resolution under s. 376.80.
  976  Such areas may include all or portions of community
  977  redevelopment areas, enterprise zones, empowerment zones, other
  978  such designated economically deprived communities and areas, and
  979  Environmental-Protection-Agency-designated brownfield pilot
  980  projects.
  981         (d) “Eligible business” means:
  982         1. A qualified target industry business as defined in s.
  983  288.106(2); or
  984         2. A business that can demonstrate a fixed capital
  985  investment of at least $2 million in mixed-use business
  986  activities, including multiunit housing, commercial, retail, and
  987  industrial in brownfield areas eligible for bonus refunds, or at
  988  least $500,000 in brownfield areas that do not require site
  989  cleanup, and that provides benefits to its employees.
  990         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
  991  shall be approved by the department as specified in the final
  992  order and allowed from the account as follows:
  993         (a) A bonus refund of $2,500 shall be allowed to any
  994  qualified target industry business as defined in s. 288.106 for
  995  each new Florida job created in a brownfield area eligible for
  996  bonus refunds which that is claimed on the qualified target
  997  industry business’s annual refund claim authorized in s.
  998  288.106(6).
  999         (b) A bonus refund of up to $2,500 shall be allowed to any
 1000  other eligible business as defined in subparagraph (1)(d)2. for
 1001  each new Florida job created in a brownfield area eligible for
 1002  bonus refunds which that is claimed under an annual claim
 1003  procedure similar to the annual refund claim authorized in s.
 1004  288.106(6). The amount of the refund shall be equal to 20
 1005  percent of the average annual wage for the jobs created.
 1006         (3) CRITERIA.—The minimum criteria for participation in the
 1007  brownfield redevelopment bonus refund are:
 1008         (a) The creation of at least 10 new full-time permanent
 1009  jobs. Such jobs shall not include construction or site
 1010  rehabilitation jobs associated with the implementation of a
 1011  brownfield site agreement as described in s. 376.80(5).
 1012         (b) The completion of a fixed capital investment of at
 1013  least $2 million in mixed-use business activities, including
 1014  multiunit housing, commercial, retail, and industrial in
 1015  brownfield areas eligible for bonus refunds, or at least
 1016  $500,000 in brownfield areas that do not require site cleanup,
 1017  by an eligible business applying for a refund under paragraph
 1018  (2)(b) which provides benefits to its employees.
 1019         (c) That the designation as a brownfield will diversify and
 1020  strengthen the economy of the area surrounding the site.
 1021         (d) That the designation as a brownfield will promote
 1022  capital investment in the area beyond that contemplated for the
 1023  rehabilitation of the site.
 1024         (e) A resolution adopted by the governing board of the
 1025  county or municipality in which the project will be located that
 1026  recommends that certain types of businesses be approved.
 1027         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 1028         (a) To be eligible to receive a bonus refund for new
 1029  Florida jobs created in a brownfield area eligible for bonus
 1030  refunds, a business must have been certified as a qualified
 1031  target industry business under s. 288.106 or eligible business
 1032  as defined in paragraph (1)(d) and must have indicated on the
 1033  qualified target industry business tax refund application form
 1034  submitted in accordance with s. 288.106(4) or other similar
 1035  agreement for other eligible business as defined in paragraph
 1036  (1)(d) that the project for which the application is submitted
 1037  is or will be located in a brownfield area eligible for bonus
 1038  refunds and that the business is applying for certification as a
 1039  qualified brownfield business under this section, and must have
 1040  signed a qualified target industry business tax refund agreement
 1041  with the department that indicates that the business has been
 1042  certified as a qualified target industry business located in a
 1043  brownfield area eligible for bonus refunds and specifies the
 1044  schedule of brownfield redevelopment bonus refunds that the
 1045  business may be eligible to receive in each fiscal year.
 1046         (b) To be considered to receive an eligible brownfield
 1047  redevelopment bonus refund payment, the business meeting the
 1048  requirements of paragraph (a) must submit a claim once each
 1049  fiscal year on a claim form approved by the department which
 1050  indicates the location of the brownfield site for which a
 1051  rehabilitation agreement with the Department of Environmental
 1052  Protection or a local government delegated by the Department of
 1053  Environmental Protection has been executed under s. 376.80, the
 1054  address of the business facility’s brownfield location, the name
 1055  of the brownfield in which it is located, the number of jobs
 1056  created, and the average wage of the jobs created by the
 1057  business within the brownfield as defined in s. 288.106 or other
 1058  eligible business as defined in paragraph (1)(d) and the
 1059  administrative rules and policies for that section.
 1060         (f) Applications shall be reviewed and certified pursuant
 1061  to s. 288.061. The department shall review all applications
 1062  submitted under s. 288.106 or other similar application forms
 1063  for other eligible businesses as defined in paragraph (1)(d)
 1064  which indicate that the proposed project will be located in a
 1065  brownfield area eligible for bonus refunds and determine, with
 1066  the assistance of the Department of Environmental Protection,
 1067  that the project location is within a brownfield area eligible
 1068  for bonus refunds as provided in this act.
 1069         Section 17. Subsection (8) of section 288.1081, Florida
 1070  Statutes, is amended to read:
 1071         288.1081 Economic Gardening Business Loan Pilot Program.—
 1072         (8) The annual report required under s. 20.60 must describe
 1073  On June 30 and December 31 of each year, the department shall
 1074  submit a report to the Governor, the President of the Senate,
 1075  and the Speaker of the House of Representatives which describes
 1076  in detail the use of the loan funds. The report must include, at
 1077  a minimum, the number of businesses receiving loans, the number
 1078  of full-time equivalent jobs created as a result of the loans,
 1079  the amount of wages paid to employees in the newly created jobs,
 1080  the locations and types of economic activity undertaken by the
 1081  borrowers, the amounts of loan repayments made to date, and the
 1082  default rate of borrowers.
 1083         Section 18. Subsection (8) of section 288.1082, Florida
 1084  Statutes, is amended to read:
 1085         288.1082 Economic Gardening Technical Assistance Pilot
 1086  Program.—
 1087         (8) The annual report required under s. 20.60 must describe
 1088  On December 31 of each year, the department shall submit a
 1089  report to the Governor, the President of the Senate, and the
 1090  Speaker of the House of Representatives which describes in
 1091  detail the progress of the pilot program. The report must
 1092  include, at a minimum, the number of businesses receiving
 1093  assistance, the number of full-time equivalent jobs created as a
 1094  result of the assistance, if any, the amount of wages paid to
 1095  employees in the newly created jobs, and the locations and types
 1096  of economic activity undertaken by the businesses.
 1097         Section 19. Paragraph (e) of subsection (3) of section
 1098  288.1088, Florida Statutes, is amended to read:
 1099         288.1088 Quick Action Closing Fund.—
 1100         (3)
 1101         (e) The department Enterprise Florida, Inc., shall validate
 1102  contractor performance and report. such validation in the annual
 1103  incentives report required under s. 288.907 shall be reported
 1104  within 6 months after completion of the contract to the
 1105  Governor, President of the Senate, and the Speaker of the House
 1106  of Representatives.
 1107         Section 20. Paragraphs (b) and (d) of subsection (4), and
 1108  subsections (9) and (11) of section 288.1089, Florida Statutes,
 1109  are amended to read:
 1110         288.1089 Innovation Incentive Program.—
 1111         (4) To qualify for review by the department, the applicant
 1112  must, at a minimum, establish the following to the satisfaction
 1113  of the department:
 1114         (b) A research and development project must:
 1115         1. Serve as a catalyst for an emerging or evolving
 1116  technology cluster.
 1117         2. Demonstrate a plan for significant higher education
 1118  collaboration.
 1119         3. Provide the state, at a minimum, a cumulative break-even
 1120  economic benefit return on investment within a 20-year period.
 1121         4. Be provided with a one-to-one match from the local
 1122  community. The match requirement may be reduced or waived in
 1123  rural areas of critical economic concern or reduced in rural
 1124  areas, brownfield areas, and enterprise zones.
 1125         (d) For an alternative and renewable energy project in this
 1126  state, the project must:
 1127         1. Demonstrate a plan for significant collaboration with an
 1128  institution of higher education;
 1129         2. Provide the state, at a minimum, a cumulative break-even
 1130  economic benefit return on investment within a 20-year period;
 1131         3. Include matching funds provided by the applicant or
 1132  other available sources. The match requirement may be reduced or
 1133  waived in rural areas of critical economic concern or reduced in
 1134  rural areas, brownfield areas, and enterprise zones;
 1135         4. Be located in this state; and
 1136         5. Provide at least 35 direct, new jobs that pay an
 1137  estimated annual average wage that equals at least 130 percent
 1138  of the average private sector wage.
 1139         (9) The department shall validate the performance of an
 1140  innovation business, a research and development facility, or an
 1141  alternative and renewable energy business that has received an
 1142  award. At the conclusion of the innovation incentive award
 1143  agreement, or its earlier termination, the department shall
 1144  include in the annual incentives report required under s.
 1145  288.907 a detailed description of, within 90 days, submit a
 1146  report to the Governor, the President of the Senate, and the
 1147  Speaker of the House of Representatives detailing whether the
 1148  recipient of the innovation incentive grant achieved its
 1149  specified outcomes.
 1150         (11)(a) The department shall include in submit to the
 1151  Governor, the President of the Senate, and the Speaker of the
 1152  House of Representatives, as part of the annual incentives
 1153  report required under s. 288.907, a report summarizing the
 1154  activities and accomplishments of the recipients of grants from
 1155  the Innovation Incentive Program during the previous 12 months
 1156  and an evaluation of whether the recipients are catalysts for
 1157  additional direct and indirect economic development in Florida.
 1158         (b) Beginning March 1, 2010, and every third year
 1159  thereafter, the Office of Program Policy Analysis and Government
 1160  Accountability, in consultation with the Auditor General’s
 1161  Office, shall release a report evaluating the Innovation
 1162  Incentive Program’s progress toward creating clusters of high
 1163  wage, high-skilled, complementary industries that serve as
 1164  catalysts for economic growth specifically in the regions in
 1165  which they are located, and generally for the state as a whole.
 1166  Such report should include critical analyses of quarterly and
 1167  annual reports, annual audits, and other documents prepared by
 1168  the Innovation Incentive Program awardees; relevant economic
 1169  development reports prepared by the department, Enterprise
 1170  Florida, Inc., and local or regional economic development
 1171  organizations; interviews with the parties involved; and any
 1172  other relevant data. Such report should also include legislative
 1173  recommendations, if necessary, on how to improve the Innovation
 1174  Incentive Program so that the program reaches its anticipated
 1175  potential as a catalyst for direct and indirect economic
 1176  development in this state.
 1177         Section 21. Subsection (3) of section 288.1253, Florida
 1178  Statutes, is amended to read:
 1179         288.1253 Travel and entertainment expenses.—
 1180         (3) The Office of Film and Entertainment department shall
 1181  include in the annual report for the entertainment industry
 1182  financial incentive program required under s. 288.1254(10) a
 1183  prepare an annual report of the office’s expenditures of the
 1184  Office of Film and Entertainment and provide such report to the
 1185  Legislature no later than December 30 of each year for the
 1186  expenditures of the previous fiscal year. The report must shall
 1187  consist of a summary of all travel, entertainment, and
 1188  incidental expenses incurred within the United States and all
 1189  travel, entertainment, and incidental expenses incurred outside
 1190  the United States, as well as a summary of all successful
 1191  projects that developed from such travel.
 1192         Section 22. Subsection (10) of section 288.1254, Florida
 1193  Statutes, is amended to read:
 1194         288.1254 Entertainment industry financial incentive
 1195  program.—
 1196         (10) ANNUAL REPORT.—Each November 1 October 1, the Office
 1197  of Film and Entertainment shall submit provide an annual report
 1198  for the previous fiscal year to the Governor, the President of
 1199  the Senate, and the Speaker of the House of Representatives
 1200  which outlines the incentive program’s return on investment and
 1201  economic benefits to the state. The report must shall also
 1202  include an estimate of the full-time equivalent positions
 1203  created by each production that received tax credits under this
 1204  section and information relating to the distribution of
 1205  productions receiving credits by geographic region and type of
 1206  production. The report must also include the expenditures report
 1207  required under s. 288.1253(3) and the information describing the
 1208  relationship between tax exemptions and incentives to industry
 1209  growth required under s. 288.1258(5).
 1210         Section 23. Subsection (5) of section 288.1258, Florida
 1211  Statutes, is amended to read:
 1212         288.1258 Entertainment industry qualified production
 1213  companies; application procedure; categories; duties of the
 1214  Department of Revenue; records and reports.—
 1215         (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
 1216  INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The Office of Film
 1217  and Entertainment shall keep annual records from the information
 1218  provided on taxpayer applications for tax exemption certificates
 1219  beginning January 1, 2001. These records also must shall reflect
 1220  a ratio of the annual amount of sales and use tax exemptions
 1221  under this section, plus the incentives awarded pursuant to s.
 1222  288.1254 to the estimated amount of funds expended by certified
 1223  productions. In addition, the office shall maintain data showing
 1224  annual growth in Florida-based entertainment industry companies
 1225  and entertainment industry employment and wages. The employment
 1226  information must shall include an estimate of the full-time
 1227  equivalent positions created by each production that received
 1228  tax credits pursuant to s. 288.1254. The Office of Film and
 1229  Entertainment shall include report this information in the
 1230  annual report for the entertainment industry financial incentive
 1231  program required under s. 288.1254(10) to the Legislature no
 1232  later than December 1 of each year.
 1233         Section 24. Subsection (3) of section 288.714, Florida
 1234  Statutes, is amended to read:
 1235         288.714 Quarterly and annual reports.—
 1236         (3) By August 31 of each year, The department shall include
 1237  in its annual report required under s. 20.60 provide to the
 1238  Governor, the President of the Senate, and the Speaker of the
 1239  House of Representatives a detailed report of the performance of
 1240  the Black Business Loan Program. The report must include a
 1241  cumulative summary of the quarterly report data compiled
 1242  pursuant to required by subsection (2) (1).
 1243         Section 25. Section 288.7771, Florida Statutes, is amended
 1244  to read:
 1245         288.7771 Annual report of Florida Export Finance
 1246  Corporation.—The corporation shall annually prepare and submit
 1247  to Enterprise Florida, Inc., the department for inclusion in its
 1248  annual report required under s. 288.906 by s. 288.095 a complete
 1249  and detailed report setting forth:
 1250         (1) The report required in s. 288.776(3).
 1251         (2) Its assets and liabilities at the end of its most
 1252  recent fiscal year.
 1253         Section 26. Subsections (3), (4), and (5) of section
 1254  288.903, Florida Statutes, are amended to read:
 1255         288.903 Duties of Enterprise Florida, Inc.—Enterprise
 1256  Florida, Inc., shall have the following duties:
 1257         (3) Prepare an annual report pursuant to s. 288.906.
 1258         (4) Prepare, in conjunction with the department, and an
 1259  annual incentives report pursuant to s. 288.907.
 1260         (5)(4) Assist the department with the development of an
 1261  annual and a long-range strategic business blueprint for
 1262  economic development required in s. 20.60.
 1263         (6)(5) In coordination with Workforce Florida, Inc.,
 1264  identify education and training programs that will ensure
 1265  Florida businesses have access to a skilled and competent
 1266  workforce necessary to compete successfully in the domestic and
 1267  global marketplace.
 1268         Section 27. Subsection (6) of section 288.904, Florida
 1269  Statutes, is repealed.
 1270         Section 28. Subsection (3) is added to section 288.906,
 1271  Florida Statutes, to read:
 1272         288.906 Annual report of Enterprise Florida, Inc., and its
 1273  divisions; audits.—
 1274         (3) The following reports must be included as supplements
 1275  to the detailed report required by this section:
 1276         (a)The annual report of the Florida Export Finance
 1277  Corporation required under s. 288.7771.
 1278         (b)The report on international offices required under s.
 1279  288.012.
 1280         Section 29. Section 288.907, Florida Statutes, is amended
 1281  to read:
 1282         288.907 Annual incentives report.—
 1283         (1)By December 30 of each year, In addition to the annual
 1284  report required under s. 288.906, Enterprise Florida, Inc., in
 1285  conjunction with the department, by December 30 of each year,
 1286  shall provide the Governor, the President of the Senate, and the
 1287  Speaker of the House of Representatives a detailed incentives
 1288  report quantifying the economic benefits for all of the economic
 1289  development incentive programs marketed by Enterprise Florida,
 1290  Inc.
 1291         (a) The annual incentives report must include:
 1292         (1) For each incentive program:
 1293         (a)1. A brief description of the incentive program.
 1294         (b)2. The amount of awards granted, by year, since
 1295  inception and the annual amount actually transferred from the
 1296  state treasury to businesses or for the benefit of businesses
 1297  for each of the previous 3 years.
 1298         3. The economic benefits, as defined in s. 288.005, based
 1299  on the actual amount of private capital invested, actual number
 1300  of jobs created, and actual wages paid for incentive agreements
 1301  completed during the previous 3 years.
 1302         (c)4.The report shall also include The actual amount of
 1303  private capital invested, actual number of jobs created, and
 1304  actual wages paid for incentive agreements completed during the
 1305  previous 3 years for each target industry sector.
 1306         (2)(b) For projects completed during the previous state
 1307  fiscal year, the report must include:
 1308         (a)1. The number of economic development incentive
 1309  applications received.
 1310         (b)2. The number of recommendations made to the department
 1311  by Enterprise Florida, Inc., including the number recommended
 1312  for approval and the number recommended for denial.
 1313         (c)3. The number of final decisions issued by the
 1314  department for approval and for denial.
 1315         (d)4. The projects for which a tax refund, tax credit, or
 1316  cash grant agreement was executed, identifying for each project:
 1317         1.a. The number of jobs committed to be created.
 1318         2.b. The amount of capital investments committed to be
 1319  made.
 1320         3.c. The annual average wage committed to be paid.
 1321         4.d. The amount of state economic development incentives
 1322  committed to the project from each incentive program under the
 1323  project’s terms of agreement with the Department of Economic
 1324  Opportunity.
 1325         5.e. The amount and type of local matching funds committed
 1326  to the project.
 1327         (e) Tax refunds paid or other payments made funded out of
 1328  the Economic Development Incentives Account for each project.
 1329         (f) The types of projects supported.
 1330         (3)(c) For economic development projects that received tax
 1331  refunds, tax credits, or cash grants under the terms of an
 1332  agreement for incentives, the report must identify:
 1333         (a)1. The number of jobs actually created.
 1334         (b)2. The amount of capital investments actually made.
 1335         (c)3. The annual average wage paid.
 1336         (4)(d) For a project receiving economic development
 1337  incentives approved by the department and receiving federal or
 1338  local incentives, the report must include a description of the
 1339  federal or local incentives, if available.
 1340         (5)(e) The report must state the number of withdrawn or
 1341  terminated projects that did not fulfill the terms of their
 1342  agreements with the department and, consequently, are not
 1343  receiving incentives.
 1344         (6) For any agreements signed after July 1, 2010, findings
 1345  and recommendations on the efforts of the department to
 1346  ascertain the causes of any business’s inability to complete its
 1347  agreement made under s. 288.106.
 1348         (7)(f) The amount report must include an analysis of the
 1349  economic benefits, as defined in s. 288.005, of tax refunds, tax
 1350  credits, or other payments made to projects locating or
 1351  expanding in state enterprise zones, rural communities,
 1352  brownfield areas, or distressed urban communities. The report
 1353  must include a separate analysis of the impact of such tax
 1354  refunds on state enterprise zones designated under s. 290.0065,
 1355  rural communities, brownfield areas, and distressed urban
 1356  communities.
 1357         (8) The name of and tax refund amount for each business
 1358  that has received a tax refund under s. 288.1045 or s. 288.106
 1359  during the preceding fiscal year.
 1360         (9)(g)An identification of The report must identify the
 1361  target industry businesses and high-impact businesses.
 1362         (10)(h)A description of The report must describe the
 1363  trends relating to business interest in, and usage of, the
 1364  various incentives, and the number of minority-owned or woman
 1365  owned businesses receiving incentives.
 1366         (l1)(i)An identification of The report must identify
 1367  incentive programs not used and recommendations for program
 1368  changes or program elimination utilized.
 1369         (12)Information related to the validation of contractor
 1370  performance required under s. 288.061.
 1371         (13) Beginning in 2014, a summation of the activities
 1372  related to the Florida Space Business Incentives Act.
 1373         (2) The Division of Strategic Business Development within
 1374  the department shall assist Enterprise Florida, Inc., in the
 1375  preparation of the annual incentives report.
 1376         Section 30. Subsection (3) of section 288.92, Florida
 1377  Statutes, is amended to read:
 1378         288.92 Divisions of Enterprise Florida, Inc.—
 1379         (3) By October 15 each year, Each division shall draft and
 1380  submit an annual report for inclusion in the report required
 1381  under 288.906 which details the division’s activities during the
 1382  previous prior fiscal year and includes any recommendations for
 1383  improving current statutes related to the division’s related
 1384  area of responsibility.
 1385         Section 31. Subsection (5) of section 288.95155, Florida
 1386  Statutes, is amended to read:
 1387         288.95155 Florida Small Business Technology Growth
 1388  Program.—
 1389         (5) Enterprise Florida, Inc., shall prepare for inclusion
 1390  in the annual report of the department required under s. 288.907
 1391  by s. 288.095 a report on the financial status of the program.
 1392  The report must specify the assets and liabilities of the
 1393  program within the current fiscal year and must include a
 1394  portfolio update that lists all of the businesses assisted, the
 1395  private dollars leveraged by each business assisted, and the
 1396  growth in sales and in employment of each business assisted.
 1397         Section 32. Section 288.9918, Florida Statutes, is amended
 1398  to read:
 1399         288.9918 Annual reporting by a community development
 1400  entity.—
 1401         (1) A community development entity that has issued a
 1402  qualified investment shall submit an annual report to the
 1403  department by January 31 April 30 after the end of each year
 1404  which includes a credit allowance date. The report shall include
 1405  information on investments made in the preceding calendar year
 1406  to include but not limited to the following:
 1407         (1) The entity’s annual financial statements for the
 1408  preceding tax year, audited by an independent certified public
 1409  accountant.
 1410         (a)(2) The identity of the types of industries, identified
 1411  by the North American Industry Classification System Code, in
 1412  which qualified low-income community investments were made.
 1413         (b)(3) The names of the counties in which the qualified
 1414  active low-income businesses are located which received
 1415  qualified low-income community investments.
 1416         (c)(4) The number of jobs created and retained by qualified
 1417  active low-income community businesses receiving qualified low
 1418  income community investments, including verification that the
 1419  average wages paid meet or exceed 115 percent of the federal
 1420  poverty income guidelines for a family of four.
 1421         (d)(5) A description of the relationships that the entity
 1422  has established with community-based organizations and local
 1423  community development offices and organizations and a summary of
 1424  the outcomes resulting from those relationships.
 1425         (e)(6) Other information and documentation required by the
 1426  department to verify continued certification as a qualified
 1427  community development entity under 26 U.S.C. s. 45D.
 1428         (2) By April 30 after the end of each year which includes a
 1429  credit allowance date, a community development entity shall
 1430  submit annual financial statements for the preceding tax year,
 1431  audited by an independent certified public accountant.
 1432         Section 33. Subsection (6) of section 290.0055, Florida
 1433  Statutes, is amended to read:
 1434         290.0055 Local nominating procedure.—
 1435         (6)(a) The department may approve a change in the boundary
 1436  of any enterprise zone which was designated pursuant to s.
 1437  290.0065. A boundary change must continue to satisfy the
 1438  requirements of subsections (3), (4), and (5).
 1439         (b) Upon a recommendation by the enterprise zone
 1440  development agency, the governing body of the jurisdiction which
 1441  authorized the application for an enterprise zone may apply to
 1442  the department for a change in boundary once every 3 years by
 1443  adopting a resolution that:
 1444         1. States with particularity the reasons for the change;
 1445  and
 1446         2. Describes specifically and, to the extent required by
 1447  the department, the boundary change to be made.
 1448         (c) At least 90 days before adopting a resolution seeking a
 1449  change in the boundary of an enterprise zone, the governing body
 1450  shall include in a notice of the meeting at which the resolution
 1451  will be considered an explanation that a change in the boundary
 1452  of an enterprise zone will be considered and that the change may
 1453  result in loss of enterprise zone eligibility for the area
 1454  affected by the boundary change.
 1455         (d)1. The governing body of a jurisdiction which has
 1456  nominated an application for an enterprise zone that is at least
 1457  15 square miles and less than 20 square miles no larger than 12
 1458  square miles and includes a portion of the state designated as a
 1459  rural area of critical economic concern under s. 288.0656(7) may
 1460  apply to the department to expand the boundary of the existing
 1461  enterprise zone by not more than 3 square miles. An application
 1462  to expand the boundary of an enterprise zone under this
 1463  paragraph must be submitted by December 31, 2012.
 1464         2. The governing body of a jurisdiction which has nominated
 1465  an application for an enterprise zone that is at least 20 square
 1466  miles and includes a portion of the state designated as a rural
 1467  area of critical economic concern under s. 288.0656(7) may apply
 1468  to the department to expand the boundary of the existing
 1469  enterprise zone by not more than 5 square miles.
 1470         3. An application to expand the boundary of an enterprise
 1471  zone under this paragraph must be submitted by December 31,
 1472  2013.
 1473         4.2. Notwithstanding the area limitations specified in
 1474  subsection (4), the department may approve the request for a
 1475  boundary amendment if the area continues to satisfy the
 1476  remaining requirements of this section.
 1477         5.3. The department shall establish the initial effective
 1478  date of an enterprise zone designated under this paragraph.
 1479         Section 34. Subsection (11) of section 290.0056, Florida
 1480  Statutes, is amended to read:
 1481         290.0056 Enterprise zone development agency.—
 1482         (11) Before October 1 December 1 of each year, the agency
 1483  shall submit to the department for inclusion in the annual
 1484  report required under s. 20.60 a complete and detailed written
 1485  report setting forth:
 1486         (a) Its operations and accomplishments during the fiscal
 1487  year.
 1488         (b) The accomplishments and progress concerning the
 1489  implementation of the strategic plan or measurable goals, and
 1490  any updates to the strategic plan or measurable goals.
 1491         (c) The number and type of businesses assisted by the
 1492  agency during the fiscal year.
 1493         (d) The number of jobs created within the enterprise zone
 1494  during the fiscal year.
 1495         (e) The usage and revenue impact of state and local
 1496  incentives granted during the calendar year.
 1497         (f) Any other information required by the department.
 1498         Section 35. Section 290.014, Florida Statutes, is amended
 1499  to read:
 1500         290.014 Annual reports on enterprise zones.—
 1501         (1) By October 1 February 1 of each year, the Department of
 1502  Revenue shall submit an annual report to the department
 1503  detailing the usage and revenue impact by county of the state
 1504  incentives listed in s. 290.007.
 1505         (2) By March 1 of each year, the department shall submit an
 1506  annual report to the Governor, the Speaker of the House of
 1507  Representatives, and the President of the Senate. The annual
 1508  report required under s. 20.60 shall include the information
 1509  provided by the Department of Revenue pursuant to subsection (1)
 1510  and the information provided by enterprise zone development
 1511  agencies pursuant to s. 290.0056. In addition, the report shall
 1512  include an analysis of the activities and accomplishments of
 1513  each enterprise zone.
 1514         Section 36. Section 290.0455, Florida Statutes, is amended
 1515  to read:
 1516         290.0455 Small Cities Community Development Block Grant
 1517  Loan Guarantee Program; Section 108 loan guarantees.—
 1518         (1) The Small Cities Community Development Block Grant Loan
 1519  Guarantee Program is created. The department shall administer
 1520  the loan guarantee program pursuant to Section 108 s. 108 of
 1521  Title I of the Housing and Community Development Act of 1974, as
 1522  amended, and as further amended by s. 910 of the Cranston
 1523  Gonzalez National Affordable Housing Act. The purpose of the
 1524  Small Cities Community Development Block Grant Loan Guarantee
 1525  Program is to guarantee, or to make commitments to guarantee,
 1526  notes or other obligations issued by public entities for the
 1527  purposes of financing activities enumerated in 24 C.F.R. s.
 1528  570.703.
 1529         (2) Activities assisted under the loan guarantee program
 1530  must meet the requirements contained in 24 C.F.R. ss. 570.700
 1531  570.710 and may not otherwise be financed in whole or in part
 1532  from the Florida Small Cities Community Development Block Grant
 1533  Program.
 1534         (3) The department may pledge existing revenues on deposit
 1535  or future revenues projected to be available for deposit in the
 1536  Florida Small Cities Community Development Block Grant Program
 1537  in order to guarantee, in whole or in part, the payment of
 1538  principal and interest on a Section 108 loan made under the loan
 1539  guarantee program.
 1540         (4) An applicant approved by the United States Department
 1541  of Housing and Urban Development to receive a Section 108 loan
 1542  shall enter into an agreement with the Department of Economic
 1543  Opportunity which requires the applicant to pledge half of the
 1544  amount necessary to guarantee the loan in the event of default.
 1545         (5) The department shall review all Section 108 loan
 1546  applications that it receives from local governments. The
 1547  department shall review the applications must submit all
 1548  applications it receives to the United States Department of
 1549  Housing and Urban Development for loan approval, in the order
 1550  received, subject to a determination by the department
 1551  determining that each the application meets all eligibility
 1552  requirements contained in 24 C.F.R. ss. 570.700-570.710, and has
 1553  been deemed financially feasible by a loan underwriter approved
 1554  by the department. If the statewide maximum available for loan
 1555  guarantee commitments established in subsection (6) has not been
 1556  committed, the department may submit the Section 108 loan
 1557  application to the United States Department of Housing and Urban
 1558  Development with a recommendation that the loan be approved,
 1559  with or without conditions, or be denied provided that the
 1560  applicant has submitted the proposed activity to a loan
 1561  underwriter to document its financial feasibility.
 1562         (6)(5) The maximum amount of an individual loan guarantee
 1563  commitment that an commitments that any eligible local
 1564  government may receive is may be limited to $5 $7 million
 1565  pursuant to 24 C.F.R. s. 570.705, and the maximum amount of loan
 1566  guarantee commitments statewide may not exceed an amount equal
 1567  to two five times the amount of the most recent grant received
 1568  by the department under the Florida Small Cities Community
 1569  Development Block Grant Program. The $5 million loan guarantee
 1570  limit does not apply to loans guaranteed prior to July 1, 2013,
 1571  that may be refinanced.
 1572         (7)(6)Section 108 loans guaranteed by the Small Cities
 1573  Community Development Block Grant Program loan guarantee program
 1574  must be repaid within 20 years.
 1575         (8)(7)Section 108 loan applicants must demonstrate
 1576  guarantees may be used for an activity only if the local
 1577  government provides evidence to the department that the
 1578  applicant investigated alternative financing services were
 1579  investigated and the services were unavailable or insufficient
 1580  to meet the financing needs of the proposed activity.
 1581         (9) If a local government defaults on a Section 108 loan
 1582  received from the United States Department of Housing and Urban
 1583  Development and guaranteed through the Florida Small Cities
 1584  Community Development Block Grant Program, thereby requiring the
 1585  department to reduce its annual grant award in order to pay the
 1586  annual debt service on the loan, any future community
 1587  development block grants that the local government receives must
 1588  be reduced in an amount equal to the amount of the state’s grant
 1589  award used in payment of debt service on the loan.
 1590         (10) If a local government receives a Section 108 loan
 1591  guaranteed through the Florida Small Cities Community
 1592  Development Block Grant Program and is granted entitlement
 1593  community status as defined in subpart D of 24 C.F.R. part 570
 1594  by the United States Department of Housing and Urban Development
 1595  before paying the loan in full, the local government must pledge
 1596  its community development block grant entitlement allocation as
 1597  a guarantee of its previous loan and request that the United
 1598  States Department of Housing and Urban Development release the
 1599  department as guarantor of the loan.
 1600         (8) The department must, before approving an application
 1601  for a loan, evaluate the applicant’s prior administration of
 1602  block grant funds for community development. The evaluation of
 1603  past performance must take into account the procedural aspects
 1604  of previous grants or loans as well as substantive results. If
 1605  the department finds that any applicant has failed to
 1606  substantially accomplish the results proposed in the applicant’s
 1607  last previously funded application, the department may prohibit
 1608  the applicant from receiving a loan or may penalize the
 1609  applicant in the rating of the current application.
 1610         Section 37. Subsection (11) of section 331.3051, Florida
 1611  Statutes, is amended to read:
 1612         331.3051 Duties of Space Florida.—Space Florida shall:
 1613         (11) Annually report on its performance with respect to its
 1614  business plan, to include finance, spaceport operations,
 1615  research and development, workforce development, and education.
 1616  Space Florida shall submit the report shall be submitted to the
 1617  Governor, the President of the Senate, and the Speaker of the
 1618  House of Representatives by November 30 no later than September
 1619  1 for the previous prior fiscal year. The annual report must
 1620  include operations information as required under s.
 1621  331.310(2)(e).
 1622         Section 38. Paragraph (e) of subsection (2) of section
 1623  331.310, Florida Statutes, is amended to read:
 1624         331.310 Powers and duties of the board of directors.—
 1625         (2) The board of directors shall:
 1626         (e) Prepare an annual report of operations as a supplement
 1627  to the annual report required under s. 331.3051(11). The report
 1628  must shall include, but not be limited to, a balance sheet, an
 1629  income statement, a statement of changes in financial position,
 1630  a reconciliation of changes in equity accounts, a summary of
 1631  significant accounting principles, the auditor’s report, a
 1632  summary of the status of existing and proposed bonding projects,
 1633  comments from management about the year’s business, and
 1634  prospects for the next year, which shall be submitted each year
 1635  by November 30 to the Governor, the President of the Senate, the
 1636  Speaker of the House of Representatives, the minority leader of
 1637  the Senate, and the minority leader of the House of
 1638  Representatives.
 1639         Section 39. Paragraphs (a) and (e) of subsection (30) of
 1640  section 443.036, Florida Statutes, is amended to read:
 1641         443.036 Definitions.—As used in this chapter, the term:
 1642         (30) “Misconduct,” irrespective of whether the misconduct
 1643  occurs at the workplace or during working hours, includes, but
 1644  is not limited to, the following, which may not be construed in
 1645  pari materia with each other:
 1646         (a) Conduct demonstrating conscious disregard of an
 1647  employer’s interests and found to be a deliberate violation or
 1648  disregard of the reasonable standards of behavior which the
 1649  employer expects of his or her employee. Such conduct may
 1650  include, but is not limited to, willful damage to an employer’s
 1651  property that results in damage of more than $50; or theft of
 1652  employer property or property of a customer or invitee of the
 1653  employer.
 1654         (e)1. A violation of an employer’s rule, unless the
 1655  claimant can demonstrate that:
 1656         a.1. He or she did not know, and could not reasonably know,
 1657  of the rule’s requirements;
 1658         b.2. The rule is not lawful or not reasonably related to
 1659  the job environment and performance; or
 1660         c.3. The rule is not fairly or consistently enforced.
 1661         2. Such conduct may include, but is not limited to,
 1662  committing criminal assault or battery on another employee, or
 1663  on a customer or invitee of the employer; or committing abuse or
 1664  neglect of a patient, resident, disabled person, elderly person,
 1665  or child in her or his professional care.
 1666         Section 40. Paragraphs (b), (c), and (d) of subsection (1)
 1667  of section 443.091, Florida Statutes, are amended to read:
 1668         443.091 Benefit eligibility conditions.—
 1669         (1) An unemployed individual is eligible to receive
 1670  benefits for any week only if the Department of Economic
 1671  Opportunity finds that:
 1672         (b) She or he has completed the department’s online work
 1673  registration registered with the department for work and
 1674  subsequently reports to the one-stop career center as directed
 1675  by the regional workforce board for reemployment services. This
 1676  requirement does not apply to persons who are:
 1677         1. Non-Florida residents;
 1678         2. On a temporary layoff;
 1679         3. Union members who customarily obtain employment through
 1680  a union hiring hall; or
 1681         4. Claiming benefits under an approved short-time
 1682  compensation plan as provided in s. 443.1116.
 1683         5. Unable to complete the online work registration due to
 1684  illiteracy, physical or mental impairment, a legal prohibition
 1685  from using a computer, or a language impediment. If a person is
 1686  exempted from the online work registration under this
 1687  subparagraph, then the filing of his or her claim constitutes
 1688  registration for work.
 1689         (c) To make continued claims for benefits, she or he is
 1690  reporting to the department in accordance with this paragraph
 1691  and department rules, and participating in an initial skills
 1692  review, as directed by the department. Department rules may not
 1693  conflict with s. 443.111(1)(b), which requires that each
 1694  claimant continue to report regardless of any pending appeal
 1695  relating to her or his eligibility or disqualification for
 1696  benefits.
 1697         1. For each week of unemployment claimed, each report must,
 1698  at a minimum, include the name, address, and telephone number of
 1699  each prospective employer contacted, or the date the claimant
 1700  reported to a one-stop career center, pursuant to paragraph (d).
 1701         2. The administrator or operator of the initial skills
 1702  review shall notify the department when the individual completes
 1703  the initial skills review and report the results of the review
 1704  to the regional workforce board or the one-stop career center as
 1705  directed by the workforce board. The department shall prescribe
 1706  a numeric score on the initial skills review that demonstrates a
 1707  minimal proficiency in workforce skills. The department,
 1708  workforce board, or one-stop career center shall use the initial
 1709  skills review to develop a plan for referring individuals to
 1710  training and employment opportunities. The failure of the
 1711  individual to comply with this requirement will result in the
 1712  individual being determined ineligible for benefits for the week
 1713  in which the noncompliance occurred and for any subsequent week
 1714  of unemployment until the requirement is satisfied. However,
 1715  this requirement does not apply if the individual is able to
 1716  affirmatively attest to being unable to complete such review due
 1717  to illiteracy or a language impediment or is exempt from the
 1718  work registration requirement as set forth in paragraph (b).
 1719         3. Any individual who falls below the minimal proficiency
 1720  score prescribed by the department in subparagraph 2. on the
 1721  initial skills review shall be offered training opportunities
 1722  and encouraged to participate in such training at no cost to the
 1723  individual in order to improve his or her workforce skills to
 1724  the minimal proficiency level.
 1725         4. The department shall coordinate with Workforce Florida,
 1726  Inc., the workforce boards, and the one-stop career centers to
 1727  identify, develop, and utilize best practices for improving the
 1728  skills of individuals who choose to participate in training
 1729  opportunities and who have a minimal proficiency score below the
 1730  score prescribed in subparagraph 2.
 1731         5. The department, in coordination with Workforce Florida,
 1732  Inc., the workforce boards, and the one-stop career centers,
 1733  shall evaluate the use, effectiveness, and costs associated with
 1734  the training prescribed in subparagraph 3. and report its
 1735  findings and recommendations for training and the use of best
 1736  practices to the Governor, the President of the Senate, and the
 1737  Speaker of the House of Representatives by January 1, 2013.
 1738         (d) She or he is able to work and is available for work. In
 1739  order to assess eligibility for a claimed week of unemployment,
 1740  the department shall develop criteria to determine a claimant’s
 1741  ability to work and availability for work. A claimant must be
 1742  actively seeking work in order to be considered available for
 1743  work. This means engaging in systematic and sustained efforts to
 1744  find work, including contacting at least five prospective
 1745  employers for each week of unemployment claimed. The department
 1746  may require the claimant to provide proof of such efforts to the
 1747  one-stop career center as part of reemployment services. A
 1748  claimant’s proof of work search efforts may not include the same
 1749  prospective employer at the same location in three consecutive
 1750  weeks, unless the employer has indicated since the time of the
 1751  initial contact that the employer is hiring. The department
 1752  shall conduct random reviews of work search information provided
 1753  by claimants. As an alternative to contacting at least five
 1754  prospective employers for any week of unemployment claimed, a
 1755  claimant may, for that same week, report in person to a one-stop
 1756  career center to meet with a representative of the center and
 1757  access reemployment services of the center. The center shall
 1758  keep a record of the services or information provided to the
 1759  claimant and shall provide the records to the department upon
 1760  request by the department. However:
 1761         1. Notwithstanding any other provision of this paragraph or
 1762  paragraphs (b) and (e), an otherwise eligible individual may not
 1763  be denied benefits for any week because she or he is in training
 1764  with the approval of the department, or by reason of s.
 1765  443.101(2) relating to failure to apply for, or refusal to
 1766  accept, suitable work. Training may be approved by the
 1767  department in accordance with criteria prescribed by rule. A
 1768  claimant’s eligibility during approved training is contingent
 1769  upon satisfying eligibility conditions prescribed by rule.
 1770         2. Notwithstanding any other provision of this chapter, an
 1771  otherwise eligible individual who is in training approved under
 1772  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 1773  determined ineligible or disqualified for benefits due to
 1774  enrollment in such training or because of leaving work that is
 1775  not suitable employment to enter such training. As used in this
 1776  subparagraph, the term “suitable employment” means work of a
 1777  substantially equal or higher skill level than the worker’s past
 1778  adversely affected employment, as defined for purposes of the
 1779  Trade Act of 1974, as amended, the wages for which are at least
 1780  80 percent of the worker’s average weekly wage as determined for
 1781  purposes of the Trade Act of 1974, as amended.
 1782         3. Notwithstanding any other provision of this section, an
 1783  otherwise eligible individual may not be denied benefits for any
 1784  week because she or he is before any state or federal court
 1785  pursuant to a lawfully issued summons to appear for jury duty.
 1786         4. Union members who customarily obtain employment through
 1787  a union hiring hall may satisfy the work search requirements of
 1788  this paragraph by reporting daily to their union hall.
 1789         5. The work search requirements of this paragraph do not
 1790  apply to persons who are unemployed as a result of a temporary
 1791  layoff or who are claiming benefits under an approved short-time
 1792  compensation plan as provided in s. 443.1116.
 1793         6. In small counties as defined in s. 120.52(19), a
 1794  claimant engaging in systematic and sustained efforts to find
 1795  work must contact at least three prospective employers for each
 1796  week of unemployment claimed.
 1797         7. The work search requirements of this paragraph do not
 1798  apply to persons required to participate in reemployment
 1799  services under paragraph (e).
 1800         Section 41. Subsection (13) is added to section 443.101,
 1801  Florida Statutes, to read:
 1802         443.101 Disqualification for benefits.—An individual shall
 1803  be disqualified for benefits:
 1804         (13) For any week with respect to which the department
 1805  finds that his or her unemployment is due to a discharge from
 1806  employment for failure without good cause to maintain a license,
 1807  registration, or certification required by applicable law
 1808  necessary for the employee to perform her or his assigned job
 1809  duties. For purposes of this paragraph, the term “good cause”
 1810  includes, but is not limited to, failure of the employer to
 1811  submit information required for a license, registration, or
 1812  certification; short-term physical injury which prevents the
 1813  employee from completing or taking a required test; and
 1814  inability to take or complete a required test that is outside
 1815  the employee’s control.
 1816         Section 42. Paragraph (b) of subsection (4) of section
 1817  443.1113, Florida Statutes, is amended to read:
 1818         443.1113 Reemployment Assistance Claims and Benefits
 1819  Information System.—
 1820         (4) The project to implement the Reemployment Assistance
 1821  Claims and Benefits Information System is shall be comprised of
 1822  the following phases and corresponding implementation
 1823  timeframes:
 1824         (b) The Reemployment Assistance Claims and Benefits
 1825  Internet portal that replaces the Florida Unemployment Internet
 1826  Direct and the Florida Continued Claims Internet Directory
 1827  systems, the Call Center Interactive Voice Response System, the
 1828  Benefit Overpayment Screening System, the Internet and Intranet
 1829  Appeals System, and the Claims and Benefits Mainframe System
 1830  shall be deployed to full operational status no later than the
 1831  end of fiscal year 2013-2014 2012-2013.
 1832         Section 43. Subsection (5) of section 443.131, Florida
 1833  Statutes, is amended to read:
 1834         443.131 Contributions.—
 1835         (5) ADDITIONAL RATE FOR INTEREST ON FEDERAL ADVANCES.—
 1836         (a) When the Unemployment Compensation Trust Fund has
 1837  received advances from the Federal Government under the
 1838  provisions of 42 U.S.C. s. 1321, each contributing employer
 1839  shall be assessed an additional rate solely for the purpose of
 1840  paying interest due on such federal advances. The additional
 1841  rate shall be assessed no later than February 1 in each calendar
 1842  year in which an interest payment is due.
 1843         (b) The Revenue Estimating Conference shall estimate the
 1844  amount of such interest due on federal advances by no later than
 1845  December 1 of the calendar year before preceding the calendar
 1846  year in which an interest payment is due. The Revenue Estimating
 1847  Conference shall, at a minimum, consider the following as the
 1848  basis for the estimate:
 1849         1. The amounts actually advanced to the trust fund.
 1850         2. Amounts expected to be advanced to the trust fund based
 1851  on current and projected unemployment patterns and employer
 1852  contributions.
 1853         3. The interest payment due date.
 1854         4. The interest rate that will be applied by the Federal
 1855  Government to any accrued outstanding balances.
 1856         (c)(b)The tax collection service provider shall calculate
 1857  the additional rate to be assessed against contributing
 1858  employers. The additional rate assessed for a calendar year is
 1859  shall be determined by dividing the estimated amount of interest
 1860  to be paid in that year by 95 percent of the taxable wages as
 1861  described in s. 443.1217 paid by all employers for the year
 1862  ending June 30 of the previous immediately preceding calendar
 1863  year. The amount to be paid by each employer is shall be the
 1864  product obtained by multiplying such employer’s taxable wages as
 1865  described in s. 443.1217 for the year ending June 30 of the
 1866  previous immediately preceding calendar year by the rate as
 1867  determined by this subsection. An assessment may not be made if
 1868  the amount of assessments on deposit from previous years, plus
 1869  any earned interest, is at least 80 percent of the estimated
 1870  amount of interest.
 1871         (d) The tax collection service provider shall make a
 1872  separate collection of such assessment, which may be collected
 1873  at the time of employer contributions and subject to the same
 1874  penalties for failure to file a report, imposition of the
 1875  standard rate pursuant to paragraph (3)(h), and interest if the
 1876  assessment is not received on or before June 30. Section
 1877  443.141(1)(d) and (e) does not apply to this separately
 1878  collected assessment. The tax collection service provider shall
 1879  maintain those funds in the tax collection service provider’s
 1880  Audit and Warrant Clearing Trust Fund until the provider is
 1881  directed by the Governor or the Governor’s designee to make the
 1882  interest payment to the Federal Government. Assessments on
 1883  deposit must be available to pay the interest on advances
 1884  received from the Federal Government under 42 U.S.C. s. 1321.
 1885  Assessments on deposit may be invested and any interest earned
 1886  shall be part of the balance available to pay the interest on
 1887  advances received from the Federal Government under 42 U.S.C. s.
 1888  1321.
 1889         (e) Four months after In the calendar year that all
 1890  advances from the Federal Government under 42 U.S.C. s. 1321 and
 1891  associated interest are repaid, if there are assessment funds in
 1892  excess of the amount required to meet the final interest
 1893  payment, any such excess assessed funds in the Audit and Warrant
 1894  Clearing Trust Fund, including associated interest, shall be
 1895  transferred to credited to employer accounts in the Unemployment
 1896  Compensation Trust Fund. Any assessment amounts subsequently
 1897  collected shall also be transferred to the Unemployment
 1898  Compensation Trust Fund in an amount equal to the employer’s
 1899  contribution to the assessment for that year divided by the
 1900  total amount of the assessment for that year, the result of
 1901  which is multiplied by the amount of excess assessed funds.
 1902         (f) If However, if the state is permitted to defer interest
 1903  payments due during a calendar year under 42 U.S.C. s. 1322,
 1904  payment of the interest assessment is shall not be due. If a
 1905  deferral of interest expires or is subsequently disallowed by
 1906  the Federal Government, either prospectively or retroactively,
 1907  the interest assessment shall be immediately due and payable.
 1908  Notwithstanding any other provision of this section, if interest
 1909  due during a calendar year on federal advances is forgiven or
 1910  postponed under federal law and is no longer due during that
 1911  calendar year, no interest assessment shall be assessed against
 1912  an employer for that calendar year, and any assessment already
 1913  assessed and collected against an employer before the
 1914  forgiveness or postponement of the interest for that calendar
 1915  year shall be credited to such employer’s account in the
 1916  Unemployment Compensation Trust Fund. However, such funds may be
 1917  used only to pay benefits or refunds of erroneous contributions.
 1918         (g) This subsection expires July 1, 2014.
 1919         Section 44. Paragraph (b) of subsection (2) and paragraph
 1920  (a) of subsection (3), and paragraph (a) of subsection (6) of
 1921  section 443.151, Florida Statutes, are amended to read:
 1922         443.151 Procedure concerning claims.—
 1923         (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
 1924  CLAIMANTS AND EMPLOYERS.—
 1925         (b) Process.—When the Reemployment Assistance Claims and
 1926  Benefits Information System described in s. 443.1113 is fully
 1927  operational, the process for filing claims must incorporate the
 1928  process for registering for work with the workforce information
 1929  systems established pursuant to s. 445.011. Unless exempted
 1930  under s. 443.091(1)(b)5., a claim for benefits may not be
 1931  processed until the work registration requirement is satisfied.
 1932  The department may adopt rules as necessary to administer the
 1933  work registration requirement set forth in this paragraph.
 1934         (3) DETERMINATION OF ELIGIBILITY.—
 1935         (a) Notices of claim.—The Department of Economic
 1936  Opportunity shall promptly provide a notice of claim to the
 1937  claimant’s most recent employing unit and all employers whose
 1938  employment records are liable for benefits under the monetary
 1939  determination. The employer must respond to the notice of claim
 1940  within 20 days after the mailing date of the notice, or in lieu
 1941  of mailing, within 20 days after the delivery of the notice. If
 1942  a contributing employer or its agent fails to timely or
 1943  adequately respond to the notice of claim or request for
 1944  information, the employer’s account may not be relieved of
 1945  benefit charges as provided in s. 443.131(3)(a), notwithstanding
 1946  paragraph (5)(b). The department may adopt rules as necessary to
 1947  implement the processes described in this paragraph relating to
 1948  notices of claim.
 1949         (6) RECOVERY AND RECOUPMENT.—
 1950         (a) Any person who, by reason of her or his fraud, receives
 1951  benefits under this chapter to which she or he is not entitled
 1952  is liable for repaying those benefits to the Department of
 1953  Economic Opportunity on behalf of the trust fund or, in the
 1954  discretion of the department, to have those benefits deducted
 1955  from future benefits payable to her or him under this chapter.
 1956  In addition, the department shall impose upon the claimant a
 1957  penalty equal to 15 percent of the amount overpaid. To enforce
 1958  this paragraph, the department must find the existence of fraud
 1959  through a redetermination or decision under this section within
 1960  2 years after the fraud was committed. Any recovery or
 1961  recoupment of benefits must be commenced within 7 years after
 1962  the redetermination or decision.
 1963         Section 45. Effective January 1, 2014, paragraph (a) of
 1964  subsection (4) of section 443.151, Florida Statutes, is amended
 1965  to read:
 1966         (4) APPEALS.—
 1967         (a) Appeals referees.—The Department of Economic
 1968  Opportunity shall appoint one or more impartial salaried appeals
 1969  referees in accordance with s. 443.171(3) to hear and decide
 1970  appealed claims. An appeals referee must be an attorney in good
 1971  standing with the Florida Bar, or must be successfully admitted
 1972  to the Florida Bar within 8 months of his or her date of
 1973  employment. A person may not participate on behalf of the
 1974  department as an appeals referee in any case in which she or he
 1975  is an interested party. The department may designate alternates
 1976  to serve in the absence or disqualification of any appeals
 1977  referee on a temporary basis. These alternates must have the
 1978  same qualifications required of appeals referees. The department
 1979  shall provide the commission and the appeals referees with
 1980  proper facilities and assistance for the execution of their
 1981  functions.
 1982         Section 46. After January 1, 2014, the department must,
 1983  through attrition of staff, meet the requirements of Section 45
 1984  of this bill.
 1985         Section 47. Subsection (1) of section 443.1715, Florida
 1986  Statutes, is amended to read:
 1987         443.1715 Disclosure of information; confidentiality.—
 1988         (1) RECORDS AND REPORTS.—Information revealing an employing
 1989  unit’s or individual’s identity obtained from the employing unit
 1990  or any individual under the administration of this chapter, and
 1991  any determination revealing that information, is confidential
 1992  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1993  Constitution. This confidential information may be released in
 1994  accordance with the provisions in 20 C.F.R. part 603. A person
 1995  receiving confidential information who violates this subsection
 1996  commits a misdemeanor of the second degree, punishable as
 1997  provided in s. 775.082 or s. 775.083. The Department of Economic
 1998  Opportunity or its tax collection service provider may, however,
 1999  furnish to any employer copies of any report submitted by that
 2000  employer upon the request of the employer and may furnish to any
 2001  claimant copies of any report submitted by that claimant upon
 2002  the request of the claimant. The department or its tax
 2003  collection service provider may charge a reasonable fee for
 2004  copies of these reports as prescribed by rule, which may not
 2005  exceed the actual reasonable cost of the preparation of the
 2006  copies. Fees received for copies under this subsection must be
 2007  deposited in the Employment Security Administration Trust Fund.
 2008         Section 48. Subsection (1) of section 443.191, Florida
 2009  Statutes, is amended to read:
 2010         443.191 Unemployment Compensation Trust Fund; establishment
 2011  and control.—
 2012         (1) There is established, as a separate trust fund apart
 2013  from all other public funds of this state, an Unemployment
 2014  Compensation Trust Fund, which shall be administered by the
 2015  Department of Economic Opportunity exclusively for the purposes
 2016  of this chapter. The fund must shall consist of:
 2017         (a) All contributions and reimbursements collected under
 2018  this chapter;
 2019         (b) Interest earned on any moneys in the fund;
 2020         (c) Any property or securities acquired through the use of
 2021  moneys belonging to the fund;
 2022         (d) All earnings of these properties or securities;
 2023         (e) All money credited to this state’s account in the
 2024  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
 2025  1103; and
 2026         (f) All money collected for penalties imposed pursuant to
 2027  s. 443.151(6)(a); and
 2028         (g) Advances on the amount in the federal Unemployment
 2029  Compensation Trust Fund credited to the state under 42 U.S.C. s.
 2030  1321, as requested by the Governor or the Governor’s designee.
 2031  
 2032  Except as otherwise provided in s. 443.1313(4), all moneys in
 2033  the fund must shall be mingled and undivided.
 2034         Section 49. Paragraph (b) of subsection (3) and subsection
 2035  (4) of section 446.50, Florida Statutes, are amended to read:
 2036         446.50 Displaced homemakers; multiservice programs; report
 2037  to the Legislature; Displaced Homemaker Trust Fund created.—
 2038         (3) POWERS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
 2039  OPPORTUNITY.—
 2040         (b)1. The department shall enter into contracts with, and
 2041  make grants to, public and nonprofit private entities for
 2042  purposes of establishing multipurpose service programs for
 2043  displaced homemakers under this section. Such grants and
 2044  contracts must shall be awarded pursuant to chapter 287 and
 2045  based on criteria established in the program state plan as
 2046  provided in subsection (4) developed pursuant to this section.
 2047  The department shall designate catchment areas that together,
 2048  must shall compose the entire state, and, to the extent possible
 2049  from revenues in the Displaced Homemaker Trust Fund, the
 2050  department shall contract with, and make grants to, entities
 2051  that will serve entire catchment areas so that displaced
 2052  homemaker service programs are available statewide. These
 2053  catchment areas must shall be coterminous with the state’s
 2054  workforce development regions. The department may give priority
 2055  to existing displaced homemaker programs when evaluating bid
 2056  responses to the request for proposals.
 2057         2. In order to receive funds under this section, and unless
 2058  specifically prohibited by law from doing so, an entity that
 2059  provides displaced homemaker service programs must receive at
 2060  least 25 percent of its funding from one or more local,
 2061  municipal, or county sources or nonprofit private sources. In
 2062  kind contributions may be evaluated by the department and
 2063  counted as part of the required local funding.
 2064         3. The department shall require an entity that receives
 2065  funds under this section to maintain appropriate data to be
 2066  compiled in an annual report to the department. Such data must
 2067  shall include, but is shall not be limited to, the number of
 2068  clients served, the units of services provided, designated
 2069  client-specific information including intake and outcome
 2070  information specific to each client, costs associated with
 2071  specific services and program administration, total program
 2072  revenues by source and other appropriate financial data, and
 2073  client followup information at specified intervals after the
 2074  placement of a displaced homemaker in a job.
 2075         (4) DISPLACED HOMEMAKER PROGRAM STATE PLAN.—
 2076         (a) The Department of Economic Opportunity shall include in
 2077  its annual report required under s. 20.60 a develop a 3-year
 2078  state plan for the displaced homemaker program which shall be
 2079  updated annually. The plan must address, at a minimum, the need
 2080  for programs specifically designed to serve displaced
 2081  homemakers, any necessary service components for such programs
 2082  in addition to those described enumerated in this section, goals
 2083  of the displaced homemaker program with an analysis of the
 2084  extent to which those goals are being met, and recommendations
 2085  for ways to address any unmet program goals. Any request for
 2086  funds for program expansion must be based on the state plan.
 2087         (b)The displaced homemaker program Each annual update must
 2088  address any changes in the components of the 3-year state plan
 2089  and a report that must include, but need not be limited to, the
 2090  following:
 2091         (a)1. The scope of the incidence of displaced homemakers;
 2092         (b)2. A compilation and report, by program, of data
 2093  submitted to the department pursuant to subparagraph (3)(b)3.
 2094  subparagraph 3. by funded displaced homemaker service programs;
 2095         (c)3. An identification and description of the programs in
 2096  the state which receive funding from the department, including
 2097  funding information; and
 2098         (d)4. An assessment of the effectiveness of each displaced
 2099  homemaker service program based on outcome criteria established
 2100  by rule of the department.
 2101         (c) The 3-year state plan must be submitted to the
 2102  President of the Senate, the Speaker of the House of
 2103  Representatives, and the Governor on or before January 1, 2001,
 2104  and annual updates of the plan must be submitted by January 1 of
 2105  each subsequent year.
 2106         Section 50. Section 288.80, Florida Statutes, is created to
 2107  read:
 2108         288.80 Short title.—Sections 288.80-288.84 may be cited as
 2109  the “Gulf Coast Economic Corridor Act.”
 2110         Section 51. Section 288.801, Florida Statutes, is created
 2111  to read:
 2112         288.801Gulf Coast Economic Corridor, Legislative Intent.
 2113  The Legislature recognizes that fully supporting areas affected
 2114  by the Deepwater Horizon disaster to ensure goals for economic
 2115  recovery and diversification are achieved is in the best
 2116  interest of the citizens of the state. The Legislature intends
 2117  to provide a long-term source of funding for efforts of economic
 2118  recovery and enhancement in the gulf coast region. The
 2119  Legislature finds that it is important to help businesses,
 2120  individuals, and local governments in the Gulf Coast region
 2121  recover.
 2122         Section 52. Section 288.81, Florida Statutes, is created to
 2123  read:
 2124         288.81 Definitions.—As used in this section, the term:
 2125         (a) “Awardee” means a person, organization, or local
 2126  government granted an award of funds from the Recovery Fund for
 2127  a program or project.
 2128         (b) “Disproportionately affected county” means Bay County,
 2129  Escambia County, Franklin County, Gulf County, Okaloosa County,
 2130  Santa Rosa County, Walton County, or Wakulla County.
 2131         (c) “Earnings” means all the income generated by
 2132  investments and interest.
 2133         (d) “Recovery Fund” means a trust account established by
 2134  Triumph Gulf Coast, Inc., for the benefit of the
 2135  disproportionately affected counties.
 2136         Section 53. Section 288.82, Florida Statutes, is created to
 2137  read:
 2138         288.82Triumph Gulf Coast, Inc.; Recovery Fund; Creation;
 2139  Investment.—
 2140         (1)There is created within the Department of Economic
 2141  Opportunity a nonprofit corporation, to be known as Triumph Gulf
 2142  Coast, Inc., which shall be registered, incorporated, organized,
 2143  and operated in compliance with chapter 617, and which is not a
 2144  unit or entity of state government. Triumph Gulf Coast, Inc.,
 2145  may receive, hold, invest, and administer the Recovery Fund in
 2146  support of this act. Triumph Gulf Coast, Inc., is a separate
 2147  budget entity and is not subject to control, supervision, or
 2148  direction by the Department of Economic Opportunity in any
 2149  manner, including, but not limited to, personnel, purchasing,
 2150  transactions involving real or personal property, and budgetary
 2151  matters.
 2152         (2) Triumph Gulf Coast, Inc., must create and administer
 2153  the Recovery Fund for the benefit of the disproportionately
 2154  affected counties. The principal of the fund shall derive from:
 2155         (a)Seventy-five percent of all funds recovered by the
 2156  Attorney General for economic damage to the state resulting from
 2157  the Deepwater Horizon disaster, including penalties, fines,
 2158  fees, and settlements; and
 2159         (b)Any funds distributed under 33 U.S.C.
 2160  1321(t)(1)(C)(i)(I).
 2161         (3) The Recovery Fund must be maintained as a long-term and
 2162  stable source of revenue, which shall decline over a 30-year
 2163  period in equal amounts each year. Triumph Gulf Coast, Inc.,
 2164  shall establish a trust account at a federally insured financial
 2165  institution to hold funds and make deposits and payments.
 2166  Earnings generated by investments and interest of the fund, plus
 2167  the amount of principal available each year, shall be available
 2168  to make awards pursuant to this act and pay administrative
 2169  costs. Earnings shall be accounted for separated from principal
 2170  funds. Principal funds set forth in subsection (2) must be
 2171  accounted for separately. Administrative costs are limited to 1
 2172  percent of the earnings in a calendar year. Administrative costs
 2173  include payment of investment fees, travel and per diem expenses
 2174  of board members, audits, salary or other costs for employed or
 2175  contracted staff, including required staff under s. 288.83(9),
 2176  and other allowable costs. Any funds remaining in the Recovery
 2177  Fund after 30 years shall revert to the State Treasury.
 2178         (4) Triumph Gulf Coast, Inc., shall invest and reinvest the
 2179  principal of the Recovery Fund in accordance with s. 617.2104,
 2180  in such a manner not to subject the funds to state or federal
 2181  taxes, and consistent with an investment policy statement
 2182  adopted by the corporation.
 2183         (a) The board of directors shall formulate an investment
 2184  policy governing the investment of the principal of the Recovery
 2185  Fund. The policy shall pertain to the types, kinds or nature of
 2186  investment of any of the funds, and any limitations, conditions
 2187  or restrictions upon the methods, practices or procedures for
 2188  investment, reinvestments, purchases, sales or exchange
 2189  transactions, provided such policies shall not conflict with nor
 2190  be in derogation of any state constitutional provision or law.
 2191  The policy shall be formulated with the advice of the financial
 2192  advisor in consultation with the State Board of Administration
 2193         (b) Triumph Gulf Coast, Inc., must competitively procure
 2194  one or more money managers, under the advice of the financial
 2195  advisor in consultation with the State Board of Administration,
 2196  to invest the principal of the Recovery Fund. The applicant
 2197  manager or mangers may not include representatives from the
 2198  financial institution housing the trust account for the Recovery
 2199  Fund. The applicant manager or managers must present a plan to
 2200  invest the Recovery Fund to maximize earnings while prioritizing
 2201  the preservation of Recovery Fund principal. Any agreement with
 2202  a money manager must be reviewed by Triumph Gulf Coast, Inc.,
 2203  for continuance at least every 5 years. Plans should include
 2204  investment in technology and growth businesses domiciled in, or
 2205  that will be domiciled in, this state or businesses whose
 2206  principal address is in this state.
 2207         (c) Costs and fees for investment services shall be
 2208  deducted from the earnings as administrative costs. Fees for
 2209  investment services shall be no greater than 1.5 basis points.
 2210         (d) Annually, Triumph Gulf Coast, Inc., shall cause an
 2211  audit to be conducted of the investment of the Recovery Fund by
 2212  the independent certified public accountant retained in s.
 2213  288.83. The expense of such audit shall be paid from earnings
 2214  for administrative purposes.
 2215         (5) Triumph Gulf Coast, Inc., shall report on June 30 and
 2216  December 30 each year to the Governor, the President of the
 2217  Senate, and the Speaker of the House of Representatives on the
 2218  financial status of the Recovery Fund and its investments, the
 2219  established priorities, the program and project selection
 2220  process, including a list of all submitted projects and reasons
 2221  for approval or denial, and the status of all approved awards.
 2222         (6) The Auditor General shall conduct an audit of the
 2223  Recovery Fund and Triumph Gulf Coast, Inc., annually. Triumph
 2224  Gulf Coast, Inc., shall provide to the Auditor General any
 2225  detail or supplemental data required.
 2226         Section 54. Section 288.83, Florida Statutes, is created to
 2227  read:
 2228         288.83Triumph Gulf Coast, Inc.; Organization; Board of
 2229  Directors.—
 2230         (1)Triumph Gulf Coast, Inc., is subject to the provisions
 2231  of chapter 119 relating to public records and those provisions
 2232  of chapter 286 relating to public meetings and records.
 2233         (2)Triumph Gulf Coast, Inc., shall be governed by a 5
 2234  member board of directors. Each of the Trustees of the State
 2235  Board of Administration, the President of the Senate, and the
 2236  Speaker of the House of Representatives shall each appoint one
 2237  member from the private sector. The board of directors shall
 2238  annually elect a chairperson from among the board’s members. The
 2239  chairperson may be removed by a majority vote of the members.
 2240  His or her successor shall be elected to serve for the balance
 2241  of the removed chairperson’s term. The chairperson is
 2242  responsible to ensure records are kept of the proceedings of the
 2243  board of directors and is the custodian of all books, documents,
 2244  and papers filed with the board; the minutes of meetings of the
 2245  board; and the official seal of Triumph Gulf Coast, Inc.
 2246         (3)Each member of the board of directors shall serve for a
 2247  term of 4 years, except that initially the appointments of the
 2248  President of the Senate and the Speaker of the House of
 2249  Representatives each shall serve a term of 2 years to achieve
 2250  staggered terms among the members of the board. A member is not
 2251  eligible for reappointment to the board, except, however, any
 2252  member appointed to a term of 2 years or less may be reappointed
 2253  for an additional term of 4 years. The initial appointments to
 2254  the board must be made by November 15, 2013. Vacancies on the
 2255  board of directors shall be filled by the officer who originally
 2256  appointed the member. A vacancy that occurs before the scheduled
 2257  expiration of the term of the member shall be filled for the
 2258  remainder of the unexpired term.
 2259         (4)The Legislature determines that it is in the public
 2260  interest for the members of the board of directors to be subject
 2261  to the requirements of ss. 112.3135, 112.3143, and 112.313,
 2262  notwithstanding the fact that the board members are not public
 2263  officers or employees. For purposes of those sections, the board
 2264  members shall be considered to be public officers or employees.
 2265  In addition to the postemployment restrictions of s. 112.313(9),
 2266  a person appointed to the board of directors must agree to
 2267  refrain from having any direct interest in any contract,
 2268  franchise, privilege, program, project or other benefit arising
 2269  from an award by Triumph Gulf Coast, Inc., during the term of
 2270  his or her appointment and for 2 years after the termination of
 2271  such appointment. It is a misdemeanor of the first degree,
 2272  punishable as provided in s. 775.083 or s. 775.084, for a person
 2273  to accept appointment to the board of directors in violation of
 2274  this subsection or to accept a direct interest in any contract,
 2275  franchise, privilege, program, project, or other benefit granted
 2276  by Triumph Gulf Coast, Inc., to an awardee within 2 years after
 2277  the termination of his or her service on the board. Further,
 2278  each member of the board of directors who is not otherwise
 2279  required to file financial disclosure under s. 8, Art. II of the
 2280  State Constitution or s. 112.3144 shall file disclosure of
 2281  financial interests under s. 112.3145.
 2282         (5)Each member of the board of directors shall serve
 2283  without compensation, but shall receive travel and per diem
 2284  expenses as provided in s. 112.061 while in the performance of
 2285  his or her duties.
 2286         (6)Each member of the board of directors is accountable
 2287  for the proper performance of the duties of office, and each
 2288  member owes a fiduciary duty to the people of the state to
 2289  ensure that awards provided are disbursed and used, and
 2290  investments are made, as prescribed by law and contract. An
 2291  appointed member of the board of directors may be removed by the
 2292  officer that appointed the member for malfeasance, misfeasance,
 2293  neglect of duty, incompetence, permanent inability to perform
 2294  official duties, unexcused absence from three consecutive
 2295  meetings of the board, arrest or indictment for a crime that is
 2296  a felony or a misdemeanor involving theft or a crime of
 2297  dishonesty, or pleading nolo contendere to, or being found
 2298  guilty of, any crime.
 2299         (7)The board of directors shall meet at least quarterly,
 2300  upon the call of the chairperson or at the request of a majority
 2301  of the membership, to review the Recovery Fund, establish and
 2302  review priorities for economic recovery in disproportionately
 2303  affected counties, and determine use of the earnings available.
 2304  A majority of the members of the board of directors constitutes
 2305  a quorum. Members may not vote by proxy.
 2306         (8)The executive director of the Department of Economic
 2307  Opportunity, or his or her designee, the secretary of the
 2308  Department of Environmental Protection, or his or her designee,
 2309  and the chair of the Committee of 8 Disproportionally Affected
 2310  Counties, or his or her designee, shall be available to consult
 2311  with the board of directors and may be requested to attend
 2312  meetings of the board of directors. These individuals shall not
 2313  be permitted to vote on any matter before the board.
 2314         (9)(a)Triumph Gulf Coast, Inc., is permitted to hire or
 2315  contract for all staff necessary to the proper execution of its
 2316  powers and duties to implement this act. The corporation is
 2317  required to retain:
 2318         1. An independent certified public accountant licensed in
 2319  this state pursuant to chapter 473 to inspect the records of and
 2320  to audit the expenditure of the earnings and available principal
 2321  disbursed by Triumph Gulf Coast, Inc.,.
 2322         2. An independent financial advisor to assist Triumph Gulf
 2323  Coast, Inc., in the development and implementation of a
 2324  strategic plan consistent with the requirements of this act.
 2325         3. An economic advisor who will assist in the award
 2326  process, including the development of priorities, allocation
 2327  decisions, and the application and process; will assist the
 2328  board in determining eligibility of award applications and the
 2329  evaluation and scoring of applications; and will assist in the
 2330  development of award documentation.
 2331         4. A legal advisor with expertise in not-for-profit
 2332  investing and contracting and who is a member of the Florida Bar
 2333  to assist with contracting and carrying out the intent of this
 2334  statute.
 2335         (b)Triumph Gulf Coast, Inc., shall require all employees
 2336  of the corporation to comply with the code of ethics for public
 2337  employees under part III of chapter 112. Retained staff under
 2338  paragraph (a) must agree to refrain from having any direct
 2339  interest in any contract, franchise, privilege, program, project
 2340  or other benefit arising from an award by Triumph Gulf Coast,
 2341  Inc., during the term of his or her appointment and for 2 years
 2342  after the termination of such appointment.
 2343         (c)Retained staff under paragraph (a) shall be available
 2344  to consult with the board of directors and shall attend meetings
 2345  of the board of directors. These individuals shall not be
 2346  permitted to vote on any matter before the board.
 2347         Section 55. Section 288.831, Florida Statutes, is created
 2348  to read:
 2349         288.831Board of Directors; Powers.—In addition to the
 2350  powers and duties prescribed in chapter 617 and the articles and
 2351  bylaws adopted in compliance with that chapter, the board of
 2352  directors may:
 2353         (1)Make and enter into contracts and other instruments
 2354  necessary or convenient for the exercise of its powers and
 2355  functions.
 2356         (2)Make expenditures including any necessary
 2357  administrative expenditure from earnings consistent with its
 2358  powers.
 2359         (3)Adopt, use, and alter a common corporate seal.
 2360  Notwithstanding any provision of chapter 617 to the contrary,
 2361  this seal is not required to contain the words “corporation not
 2362  for profit.”
 2363         (4)Adopt, amend, and repeal bylaws, not inconsistent with
 2364  the powers granted to it or the articles of incorporation, for
 2365  the administration of the activities of Triumph Gulf Coast,
 2366  Inc., and the exercise of its corporate powers.
 2367         (5)Use the state seal, notwithstanding the provisions of
 2368  s. 15.03, when appropriate, for standard corporate identity
 2369  applications. Use of the state seal is not intended to replace
 2370  use of a corporate seal as provided in this section.
 2371  
 2372  Under no circumstances may the credit of the State of Florida be
 2373  pledged on behalf of Triumph Gulf Coast, Inc.
 2374         Section 56. Section 288.832, Florida Statutes, is created
 2375  to read:
 2376         288.832Triumph Gulf Coast, Inc.; Duties.—Triumph Gulf
 2377  Coast, Inc., shall have the following duties:
 2378         (1)Manage responsibly and prudently all funds received,
 2379  and ensure that the use of such funds is in accordance with all
 2380  applicable laws, bylaws, or contractual requirements.
 2381         (2)Administer the program created under this act.
 2382         (3) Monitor, review, and annually evaluate awardees and
 2383  their programs or projects to determine whether an award should
 2384  be continued, terminated, reduced, or increased.
 2385         (4) Operate in a transparent manner, providing public
 2386  access to information, notice of meetings, awards, and the
 2387  status of programs and projects. To this end, Triumph Gulf
 2388  Coast, Inc., shall maintain a website that provides public
 2389  access to this information.
 2390         Section 57. Section 288.84, Florida Statutes, is created to
 2391  read:
 2392         288.84Awards.—
 2393         (1)(a)Triumph Gulf Coast, Inc., shall make awards from
 2394  available earnings and principal derived under s. 288.82(2)(a)
 2395  to programs or projects that meet the priorities for economic
 2396  recovery, diversification, and enhancement of the
 2397  disproportionately affected counties, notwithstanding s. 377.43.
 2398  Awards may be provided for:
 2399         1. Ad valorem tax reduction within disproportionately
 2400  affected counties;
 2401         2.Payment of impact fees adopted pursuant to s. 163.31801
 2402  and imposed within disproportionately affected counties;
 2403         3. Administrative funding for economic development
 2404  organizations located within the disproportionately affected
 2405  counties;
 2406         4. Local match requirements of ss. 288.0655, 288.0659,
 2407  288.1045, and 288.106 for projects in the disproportionately
 2408  affected counties;
 2409         5.Economic development projects in the disproportionately
 2410  affected counties;
 2411         6.Infrastructure projects that are shown to enhance
 2412  economic development in the disproportionately affected
 2413  counties;
 2414         7. Grants to local governments in the disproportionately
 2415  affected counties to establish and maintain equipment and
 2416  trained personnel for local action plans of response to respond
 2417  to disasters, such as plans created for the Coastal Impacts
 2418  Assistance Program;
 2419         8. Grants to support programs of excellence that prepare
 2420  students for future occupations and careers at K-20 institutions
 2421  that have home campuses in the disproportionately affected
 2422  counties. Eligible programs include those that increase
 2423  students’ technology skills and knowledge; encourage industry
 2424  certifications; provide rigorous, alternative pathways for
 2425  students to meet high school graduation requirements; strengthen
 2426  career readiness initiatives; fund high-demand programs of
 2427  emphasis at the bachelor’s and master’s level designated by the
 2428  Board of Governors; and, similar to or the same as talent
 2429  retention programs created by the Chancellor of the State
 2430  University System and the Commission of Education, encourage
 2431  students with interest or aptitude for science, technology,
 2432  engineering, mathematics, and medical disciplines to pursue
 2433  postsecondary education at a state university within the
 2434  disproportionately affected counties; and
 2435         9. Grants to the tourism entity created under s. 288.1226
 2436  for the purpose of advertising and promoting tourism, Fresh From
 2437  Florida, or related content on behalf of one or all of the
 2438  disproportionately affected counties.
 2439         (b)Triumph Gulf Coast, Inc., shall make awards from
 2440  earnings and principal derived under s. 288.82(2)(b) to programs
 2441  or projects that meet the priorities for economic recovery,
 2442  diversification, and enhancement of the disproportionately
 2443  affected counties, notwithstanding s. 377.43. Awards may be
 2444  provided for the following purposes as eligible under 33 U.S.
 2445  1321(t)(1)(B):
 2446         1. Administrative funding for economic development
 2447  organizations located within the disproportionately affected
 2448  counties;
 2449         2. Local match requirements of ss. 288.0655, 288.0659,
 2450  288.1045, and 288.106 for projects in the disproportionately
 2451  affected counties;
 2452         3.Economic development projects in the disproportionately
 2453  affected counties;
 2454         4. Infrastructure projects that are shown to enhance
 2455  economic development in the disproportionately affected
 2456  counties;
 2457         5.Grants to local governments in the disproportionately
 2458  affected counties to establish and maintain equipment and
 2459  trained personnel for local action plans of response to respond
 2460  to disasters, such as plans created for the Coastal Impacts
 2461  Assistance Program; and
 2462         6. Grants to the tourism entity created under s. 288.1226
 2463  for the purpose of advertising and promoting tourism, Fresh From
 2464  Florida, or related content on behalf of one or all of the
 2465  disproportionately affected counties.
 2466         (2) Triumph Gulf Coast, Inc., shall establish an
 2467  application procedure for awards and a scoring process for the
 2468  selection of programs and projects that have the potential to
 2469  generate increased economic activity in the disproportionately
 2470  affected counties, giving priority to projects that:
 2471         (a) Generate maximum estimated economic benefits, based on
 2472  tools and models not generally employed by economic input-output
 2473  analyses, including cost-benefit, return-on-investment, or
 2474  dynamic scoring techniques to determine how the long-term
 2475  economic growth potential of the disproportionately affected
 2476  counties may be enhanced by the investment.
 2477         (b) Expand household income in the disproportionately
 2478  affected counties above national average household income.
 2479         (c) Expand high growth industries or establish new high
 2480  growth industries in the region.
 2481         1.Industries that are supported must have strong growth
 2482  potential in the disproportionately affected counties.
 2483         2.An industry’s growth potential is defined based on a
 2484  detailed review of the current industry trends nationally and
 2485  the necessary supporting asset base for that industry in the
 2486  disproportionately affected counties region.
 2487         (d) Leverage or further enhance key regional assets,
 2488  including educational institutions, research facilities, and
 2489  military bases.
 2490         (e) Partner with local governments to provide funds,
 2491  infrastructure, land, or other assistance for the project.
 2492         (f) Have investment commitments from private equity or
 2493  private venture capital funds.
 2494         (g) Provide or encourage seed stage investments in start-up
 2495  companies.
 2496         (h) Provide advice and technical assistance to companies on
 2497  restructuring existing management, operations, or production to
 2498  attract advantageous business opportunities.
 2499         (i) Benefit the environment in addition to the economy.
 2500         (j) Provide outcome measures for programs of excellence
 2501  support, including terms of intent and metrics.
 2502         (k) Partner with K-20 educational institutions or school
 2503  districts located within the disproportionately affected
 2504  counties.
 2505         (l) Partner with convention and visitor bureaus, tourist
 2506  development councils, or chambers of commerce located within the
 2507  disproportionately affected counties.
 2508         (3)Triumph Gulf Coast, Inc., may make awards as
 2509  applications are received or may establish application periods
 2510  for selection. Earnings may not be used to finance 100 percent
 2511  of any project or program. Triumph Gulf Coast, Inc., may require
 2512  a one-to-one private-sector match or higher for an award, if
 2513  applicable and deemed prudent by the board of directors. An
 2514  awardee may not receive all of the earnings or available
 2515  principal in any given year.
 2516         (4) A contract executed by Triumph Gulf Coast, Inc., with
 2517  an awardee must include provisions requiring a performance
 2518  report on the contracted activities, must account for the proper
 2519  use of funds provided under the contract, and must include
 2520  provisions for recovery of awards in the event the award was
 2521  based upon fraudulent information or the awardee is not meeting
 2522  the performance requirements of the award. Awardees must
 2523  regularly report to Triumph Gulf Coast, Inc., the status of the
 2524  program or project on a schedule determined by the corporation.
 2525         Section 58. Except as otherwise expressly provided in this
 2526  act, this act shall take effect upon becoming a law.
 2527  
 2528  ================= T I T L E  A M E N D M E N T ================
 2529         And the title is amended as follows:
 2530         Delete everything before the enacting clause
 2531  and insert:
 2532                        A bill to be entitled                      
 2533         An act the Department of Economic Opportunity;
 2534         establishing the Economic Development Programs
 2535         Evaluation; requiring the Office of Economic and
 2536         Demographic Research and the Office of Program Policy
 2537         Analysis and Government Accountability to present the
 2538         evaluation; requiring the offices to develop and
 2539         submit a work plan for completing the evaluation by a
 2540         certain date; requiring the offices to provide an
 2541         analysis of certain economic development programs and
 2542         specifying a schedule; requiring the Office of
 2543         Economic and Demographic Research to make certain
 2544         evaluations in its analysis; limiting the office’s
 2545         evaluation for the purposes of tax credits, tax
 2546         refunds, sales tax exemptions, cash grants, and
 2547         similar programs; requiring the office to use a
 2548         certain model to evaluate each program; requiring the
 2549         Office of Program Policy Analysis and Government
 2550         Accountability to make certain evaluations in its
 2551         analysis; providing the offices access to all data
 2552         necessary to complete the evaluation; amending s.
 2553         20.60, F.S.; revising the date on which the Department
 2554         of Economic Opportunity and Enterprise Florida, Inc.,
 2555         are required to report on the business climate and
 2556         economic development in the state; specifying reports
 2557         and information that must be included; amending s.
 2558         201.15, F.S.; revising the distribution of funds in
 2559         the Grants and Donations Trust Fund; amending s.
 2560         212.08, F.S.; revising definitions; clarifying the
 2561         application of certain amendments; amending s.
 2562         213.053, F.S.; authorizing the Department of Revenue
 2563         to make certain information available to the director
 2564         of the Office of Program Policy Analysis and
 2565         Government Accountability and the coordinator of the
 2566         Office of Economic and Demographic Research;
 2567         authorizing the offices to share certain information;
 2568         amending s. 220.194, F.S.; requiring the annual report
 2569         for the Florida Space Business Incentives Act to be
 2570         included in the annual incentives report; deleting
 2571         certain reporting requirements; amending s. 288.001,
 2572         F.S.; providing a network purpose; providing
 2573         definitions; requiring the statewide director and the
 2574         network to operate the program in compliance with
 2575         federal laws and regulations and a Board of Governors
 2576         regulation; requiring the statewide director to
 2577         consult with the Board of Governors, the Department of
 2578         Economic Opportunity, and the network’s statewide
 2579         advisory board to establish certain policies and
 2580         goals; requiring the network to maintain a statewide
 2581         advisory board; providing for advisory board
 2582         membership; providing for terms of membership;
 2583         providing for certain member reimbursement; requiring
 2584         the director to develop support services; specifying
 2585         support service requirements; requiring businesses
 2586         that receive support services to participate in
 2587         certain assessments; requiring the network to provide
 2588         a match equal to certain state funding; providing
 2589         criteria for the match; requiring the statewide
 2590         director to coordinate with the host institution to
 2591         establish a pay-per-performance incentive; providing
 2592         for pay-per-performance incentive funding and
 2593         distribution; providing a distribution formula
 2594         requirement; requiring the statewide director to
 2595         coordinate with the advisory board to distribute funds
 2596         for certain purposes and develop programs to
 2597         distribute funds for those purposes; requiring the
 2598         network to announce available funding, performance
 2599         expectations, and other requirements; requiring the
 2600         statewide director to present applications and
 2601         recommendations to the advisory board; requiring
 2602         applications approved by the advisory board to be
 2603         publicly posted; providing minimum requirements for a
 2604         program; prohibiting certain regional small business
 2605         development centers from receiving funds; providing
 2606         that match funding may not be reduced for regional
 2607         small business development centers receiving
 2608         additional funds; requiring the statewide director to
 2609         regularly update the Board of Governors, the
 2610         department, and the advisory board with certain
 2611         information; requiring the statewide director, in
 2612         coordination with the advisory board, to annually
 2613         report certain information to the President of the
 2614         Senate and the Speaker of the House of
 2615         Representatives; amending s. 288.005, F.S.; providing
 2616         a definition; amending s. 288.012, F.S.; requiring
 2617         each State of Florida international office to submit a
 2618         report to Enterprise Florida, Inc., for inclusion in
 2619         its annual report; deleting a reporting date; amending
 2620         s. 288.061, F.S.; requiring the Department of Economic
 2621         Opportunity to analyze each economic development
 2622         incentive application; requiring an applicant to
 2623         provide a surety bond to the Department of Economic
 2624         Opportunity before the applicant receives incentive
 2625         awards through the Quick Action Closing Fund or the
 2626         Innovation Incentive Program; requiring the contract
 2627         or agreement to provide that the bond remain in effect
 2628         until all conditions have been satisfied; providing
 2629         that the department may require the bond to cover the
 2630         entire contracted amount or allow for bonds to be
 2631         renewed upon completion of certain performance
 2632         measures; requiring the contract or agreement to
 2633         provide that funds are contingent upon receipt of the
 2634         surety bond; requiring the contract or agreement to
 2635         provide that up to half of the premium payment on the
 2636         bond may be paid from the award up to a certain
 2637         amount; requiring an applicant to notify the
 2638         department of premium payments; providing for certain
 2639         notice requirements upon cancellation or nonrenewal by
 2640         an insurer; providing that the cancellation of the
 2641         surety bond violates the contract or agreement;
 2642         providing an exception; providing for a waiver if
 2643         certain information is provided; providing that if the
 2644         department grants a waiver, the contract or agreement
 2645         must provide for securing the award in a certain form;
 2646         requiring the contract or agreement to provide that
 2647         the release of funds is contingent upon satisfying
 2648         certain requirements; requiring the irrevocable letter
 2649         of credit, trust, or security agreement to remain in
 2650         effect until certain conditions have been satisfied;
 2651         providing for a waiver of the surety bond or other
 2652         security if certain information is provided and the
 2653         department determines it to be in the best interest of
 2654         the state; providing that the waiver of the surety
 2655         bond or other security, for funding in excess of $5
 2656         million, must be approved by the Legislative Budget
 2657         Commission; providing that the state may bring suit
 2658         upon default or upon a violation of this section;
 2659         providing that the department may adopt rules to
 2660         implement this section; amending s. 288.0656, F.S.;
 2661         requiring the Rural Economic Development Initiative to
 2662         submit a report to supplement the Department of
 2663         Economic Opportunity’s annual report; deleting certain
 2664         reporting requirements; amending s. 288.076, F.S.;
 2665         providing definitions; requiring the Department of
 2666         Economic Opportunity to publish on a website specified
 2667         information concerning state investment in economic
 2668         development programs; requiring the department to use
 2669         methodology and formulas established by the Office of
 2670         Economic and Demographic Research for specified
 2671         calculations; requiring the Office of Economic and
 2672         Demographic Research to provide a description of
 2673         specified methodology and formulas to the department
 2674         and the department to publish the description on its
 2675         website within a specified period; providing
 2676         procedures and requirements for reviewing, updating,
 2677         and supplementing specified published information;
 2678         requiring the department to annually publish
 2679         information relating to the progress of Quick Action
 2680         Closing Fund projects; requiring the department to
 2681         publish certain confidential information pertaining to
 2682         participant businesses upon expiration of a specified
 2683         confidentiality period; requiring the department to
 2684         publish certain reports concerning businesses that
 2685         fail to complete tax refund agreements under the tax
 2686         refund program for qualified target industry
 2687         businesses; providing for construction and legislative
 2688         intent; authorizing the department to adopt rules;
 2689         repealing s. 288.095(3)(c), F.S., relating to the
 2690         annual report by Enterprise Florida, Inc., of programs
 2691         funded by the Economic Development Incentives Account;
 2692         amending s. 288.106, F.S.; deleting and adding
 2693         provisions relating to the application and approval
 2694         process of the tax refund program for qualified target
 2695         industry businesses; requiring the Department of
 2696         Economic Opportunity to include information on
 2697         qualified target industry businesses in the annual
 2698         incentives report; deleting certain reporting
 2699         requirements; amending 288.107, F.S.; revising
 2700         definitions; revising provisions to conform to changes
 2701         made by the act; revising the minimum criteria for
 2702         participation in the brownfield redevelopment bonus
 2703         refund; amending s. 288.1081, F.S.; requiring the use
 2704         of loan funds from the Economic Gardening Business
 2705         Loan Pilot Program to be included in the department’s
 2706         annual report; deleting certain reporting
 2707         requirements; amending s. 288.1082, F.S.; requiring
 2708         the progress of the Economic Gardening Technical
 2709         Assistance Pilot Program to be included in the
 2710         department’s annual report; deleting certain reporting
 2711         requirements; amending s. 288.1088, F.S.; requiring
 2712         the department to validate contractor performance for
 2713         the Quick Action Closing Fund and include the
 2714         performance validation in the annual incentives
 2715         report; deleting certain reporting requirements;
 2716         amending s. 288.1089, F.S.; requiring that certain
 2717         projects in the Innovation Incentive Program provide a
 2718         cumulative break-even economic benefit; requiring the
 2719         department to report information relating to the
 2720         Innovation Incentive Program in the annual incentives
 2721         report; deleting certain reporting requirements;
 2722         deleting provisions that require the Office of Program
 2723         Policy Analysis and Government Accountability and the
 2724         Auditor General’s Office to report on the Innovation
 2725         Incentive Program; amending s. 288.1253, F.S.;
 2726         revising a reporting date; requiring expenditures of
 2727         the Office of Film and Entertainment to be included in
 2728         the annual entertainment industry financial incentive
 2729         program report; amending s. 288.1254, F.S.; revising a
 2730         reporting date; requiring the annual entertainment
 2731         industry financial incentive program report to include
 2732         certain information; amending s. 288.1258, F.S.;
 2733         revising a reporting date; requiring the report
 2734         detailing the relationship between tax exemptions and
 2735         incentives to industry growth to be included in the
 2736         annual entertainment industry financial incentive
 2737         program report; amending s. 288.714, F.S.; requiring
 2738         the Department of Economic Opportunity’s annual report
 2739         to include a report on the Black Business Loan
 2740         Program; deleting certain reporting requirements;
 2741         amending s. 288.7771, F.S.; requiring the Florida
 2742         Export Finance Corporation to submit a report to
 2743         Enterprise Florida, Inc.; amending s. 288.903, F.S.;
 2744         requiring Enterprise Florida, Inc., with the
 2745         Department of Economic Opportunity, to prepare an
 2746         annual incentives report; repealing s. 288.904(6),
 2747         F.S., relating to Enterprise Florida, Inc., which
 2748         requires the department to report the return on the
 2749         public’s investment; amending s. 288.906, F.S.;
 2750         requiring certain reports to be included in the
 2751         Enterprise Florida, Inc., annual report; amending s.
 2752         288.907, F.S.; requiring Enterprise Florida, Inc.,
 2753         with the Department of Economic Opportunity, to
 2754         prepare the annual incentives report; requiring the
 2755         annual incentives report to include certain
 2756         information; deleting a provision requiring the
 2757         Division of Strategic Business Development to assist
 2758         Enterprise Florida, Inc., with the report; 288.92,
 2759         F.S.; requiring each division of Enterprise Florida,
 2760         Inc., to submit a report; amending s. 288.95155, F.S.;
 2761         requiring the financial status of the Florida Small
 2762         Business Technology Growth Program to be included in
 2763         the annual incentives report; amending s. 288.9918,
 2764         F.S.; revising reporting requirements related to
 2765         community development entities; amending s. 290.0055,
 2766         F.S.; providing for the expansion of the boundaries of
 2767         enterprise zones that meet certain requirements;
 2768         providing an application deadline; amending s.
 2769         290.0056, F.S.; revising a reporting date; requiring
 2770         the enterprise zone development agency to submit
 2771         certain information for the Department of Economic
 2772         Opportunity’s annual report; amending s. 290.014,
 2773         F.S.; revising a reporting date; requiring certain
 2774         reports on enterprise zones to be included in the
 2775         Department of Economic Opportunity’s annual report;
 2776         amending s. 290.0455, F.S.; providing for the state’s
 2777         guarantee of certain federal loans to local
 2778         governments; requiring applicants for such loans to
 2779         pledge a specified amount of revenues to guarantee the
 2780         loans; revising requirements for the department to
 2781         submit recommendations to the Federal Government for
 2782         such loans; revising the maximum amount of the loan
 2783         guarantee commitment that a local government may
 2784         receive and providing exceptions; providing for
 2785         reduction of a local government’s future community
 2786         development block grants if the local government
 2787         defaults on the federal loan; providing procedures if
 2788         a local government is granted entitlement community
 2789         status; amending ss. 331.3051 and 331.310, F.S.;
 2790         revising requirements for annual reports by Space
 2791         Florida; amending s. 443.036, F.S.; providing examples
 2792         of misconduct; amending s. 443.091, F.S.; providing
 2793         for online work registration and providing exceptions;
 2794         limiting a claimant’s use of the same prospective
 2795         employer to meet work search requirements; providing
 2796         an exception; providing that work search requirements
 2797         do not apply to individuals required to participate in
 2798         reemployment services; amending s. 443.101, F.S.;
 2799         providing for disqualification in any week with
 2800         respect to which the department finds that his or her
 2801         unemployment is due to failure without good cause to
 2802         maintain a license, registration, or certification
 2803         required by applicable law necessary for the employee
 2804         to perform her or his assigned job duties; providing
 2805         examples of “good cause”; amending s. 443.1113, F.S.,
 2806         relating to the Reemployment Assistance Claims and
 2807         Benefits Information System; revising timeframe for
 2808         deployment of a certain Internet portal as part of
 2809         such system; amending s. 443.131, F.S.; requiring the
 2810         tax collection service provider to calculate a certain
 2811         additional rate; providing for when an assessment may
 2812         not be made; requiring assessments to be available to
 2813         pay interest on federal advances; requiring certain
 2814         excess funds to be transferred to the Unemployment
 2815         Compensation Trust Fund after a certain time period;
 2816         deleting the provision referring to crediting employer
 2817         accounts; providing an expiration date; amending ss.
 2818         443.151 F.S.; revising provisions to conform to
 2819         changes made to benefit eligibility; providing that an
 2820         employer or its agent may not be relieved of benefit
 2821         charges for failure to timely and adequately respond
 2822         to notice of claim or request for information;
 2823         requiring the department to impose a penalty against a
 2824         claimant who is overpaid reemployment assistance
 2825         benefits due to fraud by the claimant; requiring an
 2826         appeals referee to be an attorney in good standing
 2827         with the Florida Bar or successfully admitted within 8
 2828         months of hire; requiring the Department of Economic
 2829         Opportunity to meet the requirements of the bill
 2830         through attrition after January 1, 2014; amending s.
 2831         443.1715, F.S.; prohibiting the unlawful disclosure of
 2832         certain confidential information relating to employing
 2833         units and individuals under the Reemployment
 2834         Assistance Program Law; providing criminal penalties;
 2835         amending 443.191, F.S.; providing for the deposit of
 2836         moneys recovered and penalties collected due to fraud
 2837         in the Unemployment Compensation Trust Fund; amending
 2838         s. 446.50, F.S.; requiring the Department of Economic
 2839         Opportunity’s annual report to include a plan for the
 2840         displaced homemaker program; deleting certain
 2841         reporting requirements; creating s. 288.80, F.S.;
 2842         providing a short title; creating s. 288.801, F.S.;
 2843         providing Legislative intent; creating s. 288.81,
 2844         F.S.; providing definitions; creating s. 288.82, F.S.;
 2845         creating Triumph Gulf Coast, Inc., as nonprofit
 2846         corporation; requiring the Triumph Gulf Coast, Inc.,
 2847         to create and administer the Recovery Fund for the
 2848         benefit of disproportionately affected counties;
 2849         providing for principal of the fund; providing for
 2850         payment of administrative costs from the earnings of
 2851         the fund; providing any remaining funds after 30 years
 2852         revert to the State Treasury; authorizing investment
 2853         of the principal of the fund; requiring an investment
 2854         policy; requiring competitive procurement of money
 2855         managers; requiring annual audits; requiring biannual
 2856         reports; creating s. 288.83, F.S.; providing for
 2857         application of public records and meetings laws;
 2858         providing for governance by a 5 member board of
 2859         directors; providing membership; providing for terms;
 2860         providing for appointment for vacancies; providing
 2861         limitations on board members; limiting postemployment
 2862         activities; providing for a misdemeanor for
 2863         violations; requiring financial disclosures; providing
 2864         travel and per diem expenses; providing for removal;
 2865         requiring quarterly meetings; providing for staffing;
 2866         creating s. 288.831, F.S.; providing the powers and
 2867         duties of the board of directors; creating s. 288.832,
 2868         F.S.; providing the duties of Triumph Gulf Coast,
 2869         Inc.; creating s. 288.84, F.S.; permitting awards for
 2870         projects or programs from available earnings and
 2871         principal; proscribing the award categories;
 2872         proscribing the award categories for certain funds;
 2873         establishing priority ranking for applications;
 2874         prohibiting award from financing 100 percent of a
 2875         program or project; permitting Triumph Gulf Coast,
 2876         Inc., to requiring a one-to-one match; prohibiting an
 2877         awardee from receiving all available funds; requiring
 2878         a contract for an award; requiring regular reporting;
 2879         providing effective dates.