Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1024
                                Barcode 389672                          
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to the Department of Economic
    3         Opportunity; establishing the Economic Development
    4         Programs Evaluation; requiring the Office of Economic
    5         and Demographic Research and the Office of Program
    6         Policy Analysis and Government Accountability to
    7         present the evaluation; requiring the offices to
    8         develop and submit a work plan for completing the
    9         evaluation by a certain date; requiring the offices to
   10         provide an analysis of certain economic development
   11         programs and specifying a schedule; requiring the
   12         Office of Economic and Demographic Research to make
   13         certain evaluations in its analysis; limiting the
   14         office’s evaluation for the purposes of tax credits,
   15         tax refunds, sales tax exemptions, cash grants, and
   16         similar programs; requiring the office to use a
   17         certain model to evaluate each program; requiring the
   18         Office of Program Policy Analysis and Government
   19         Accountability to make certain evaluations in its
   20         analysis; providing the offices access to all data
   21         necessary to complete the evaluation; amending s.
   22         20.60, F.S.; revising the date on which the Department
   23         of Economic Opportunity and Enterprise Florida, Inc.,
   24         are required to report on the business climate and
   25         economic development in the state; specifying reports
   26         and information that must be included; amending s.
   27         201.15, F.S.; revising the distribution of funds in
   28         the Grants and Donations Trust Fund; amending s.
   29         213.053, F.S.; authorizing the Department of Revenue
   30         to make certain information available to the director
   31         of the Office of Program Policy Analysis and
   32         Government Accountability and the coordinator of the
   33         Office of Economic and Demographic Research;
   34         authorizing the offices to share certain information;
   35         amending s. 220.194, F.S.; requiring the annual report
   36         for the Florida Space Business Incentives Act to be
   37         included in the annual incentives report; deleting
   38         certain reporting requirements; amending s. 288.001,
   39         F.S.; providing a network purpose; providing
   40         definitions; requiring the statewide director and the
   41         network to operate the program in compliance with
   42         federal laws and regulations and a Board of Governors
   43         regulation; requiring the statewide director to
   44         consult with the Board of Governors, the Department of
   45         Economic Opportunity, and the network’s statewide
   46         advisory board to establish certain policies and
   47         goals; requiring the network to maintain a statewide
   48         advisory board; providing for advisory board
   49         membership; providing for terms of membership;
   50         providing for certain member reimbursement; requiring
   51         the director to develop support services; specifying
   52         support service requirements; requiring businesses
   53         that receive support services to participate in
   54         certain assessments; requiring the network to provide
   55         a match equal to certain state funding; providing
   56         criteria for the match; requiring the statewide
   57         director to coordinate with the host institution to
   58         establish a pay-per-performance incentive; providing
   59         for pay-per-performance incentive funding and
   60         distribution; providing a distribution formula
   61         requirement; requiring the statewide director to
   62         coordinate with the advisory board to distribute funds
   63         for certain purposes and develop programs to
   64         distribute funds for those purposes; requiring the
   65         network to announce available funding, performance
   66         expectations, and other requirements; requiring the
   67         statewide director to present applications and
   68         recommendations to the advisory board; requiring
   69         applications approved by the advisory board to be
   70         publicly posted; providing minimum requirements for a
   71         program; prohibiting certain regional small business
   72         development centers from receiving funds; providing
   73         that match funding may not be reduced for regional
   74         small business development centers receiving
   75         additional funds; requiring the statewide director to
   76         regularly update the Board of Governors, the
   77         department, and the advisory board with certain
   78         information; requiring the statewide director, in
   79         coordination with the advisory board, to annually
   80         report certain information to the President of the
   81         Senate and the Speaker of the House of
   82         Representatives; amending s. 288.005, F.S.; providing
   83         a definition; amending s. 288.012, F.S.; requiring
   84         each State of Florida international office to submit a
   85         report to Enterprise Florida, Inc., for inclusion in
   86         its annual report; deleting a reporting date; amending
   87         s. 288.061, F.S.; requiring the Department of Economic
   88         Opportunity to analyze each economic development
   89         incentive application; requiring an applicant to
   90         provide a surety bond to the Department of Economic
   91         Opportunity before the applicant receives incentive
   92         awards through the Quick Action Closing Fund or the
   93         Innovation Incentive Program; requiring the contract
   94         or agreement to provide that the bond remain in effect
   95         until all conditions have been satisfied; providing
   96         that the department may require the bond to cover the
   97         entire contracted amount or allow for bonds to be
   98         renewed upon completion of certain performance
   99         measures; requiring the contract or agreement to
  100         provide that funds are contingent upon receipt of the
  101         surety bond; requiring the contract or agreement to
  102         provide that up to half of the premium payment on the
  103         bond may be paid from the award up to a certain
  104         amount; requiring an applicant to notify the
  105         department of premium payments; providing for certain
  106         notice requirements upon cancellation or nonrenewal by
  107         an insurer; providing that the cancellation of the
  108         surety bond violates the contract or agreement;
  109         providing an exception; providing for a waiver if
  110         certain information is provided; providing that if the
  111         department grants a waiver, the contract or agreement
  112         must provide for securing the award in a certain form;
  113         requiring the contract or agreement to provide that
  114         the release of funds is contingent upon satisfying
  115         certain requirements; requiring the irrevocable letter
  116         of credit, trust, or security agreement to remain in
  117         effect until certain conditions have been satisfied;
  118         providing for a waiver of the surety bond or other
  119         security if certain information is provided and the
  120         department determines it to be in the best interest of
  121         the state; providing that the waiver of the surety
  122         bond or other security, for funding in excess of $5
  123         million, must be approved by the Legislative Budget
  124         Commission; providing that the state may bring suit
  125         upon default or upon a violation of this section;
  126         providing that the department may adopt rules to
  127         implement this section; amending s. 288.0656, F.S.;
  128         requiring the Rural Economic Development Initiative to
  129         submit a report to supplement the Department of
  130         Economic Opportunity’s annual report; deleting certain
  131         reporting requirements; repealing s. 288.095(3)(c),
  132         F.S., relating to the annual report by Enterprise
  133         Florida, Inc., of programs funded by the Economic
  134         Development Incentives Account; amending s. 288.106,
  135         F.S.; deleting and adding provisions relating to the
  136         application and approval process of the tax refund
  137         program for qualified target industry businesses;
  138         requiring the Department of Economic Opportunity to
  139         include information on qualified target industry
  140         businesses in the annual incentives report; deleting
  141         certain reporting requirements; amending s. 288.1081,
  142         F.S.; requiring the use of loan funds from the
  143         Economic Gardening Business Loan Pilot Program to be
  144         included in the department’s annual report; deleting
  145         certain reporting requirements; amending s. 288.1082,
  146         F.S.; requiring the progress of the Economic Gardening
  147         Technical Assistance Pilot Program to be included in
  148         the department’s annual report; deleting certain
  149         reporting requirements; amending s. 288.1088, F.S.;
  150         requiring the department to validate contractor
  151         performance for the Quick Action Closing Fund and
  152         include the performance validation in the annual
  153         incentives report; deleting certain reporting
  154         requirements; amending s. 288.1089, F.S.; requiring
  155         that certain projects in the Innovation Incentive
  156         Program provide a cumulative break-even economic
  157         benefit; requiring the department to report
  158         information relating to the Innovation Incentive
  159         Program in the annual incentives report; deleting
  160         certain reporting requirements; deleting provisions
  161         that require the Office of Program Policy Analysis and
  162         Government Accountability and the Auditor General’s
  163         Office to report on the Innovation Incentive Program;
  164         amending s. 288.1226, F.S.; revising membership of the
  165         board of directors of the Florida Tourism Industry
  166         Marketing Corporation; providing that the Governor
  167         shall serve as a nonvoting member; amending s.
  168         288.1253, F.S.; revising a reporting date; requiring
  169         expenditures of the Office of Film and Entertainment
  170         to be included in the annual entertainment industry
  171         financial incentive program report; amending s.
  172         288.1254, F.S.; revising a reporting date; requiring
  173         the annual entertainment industry financial incentive
  174         program report to include certain information;
  175         amending s. 288.1258, F.S.; revising a reporting date;
  176         requiring the report detailing the relationship
  177         between tax exemptions and incentives to industry
  178         growth to be included in the annual entertainment
  179         industry financial incentive program report; amending
  180         s. 288.714, F.S.; requiring the Department of Economic
  181         Opportunity’s annual report to include a report on the
  182         Black Business Loan Program; deleting certain
  183         reporting requirements; amending s. 288.7771, F.S.;
  184         requiring the Florida Export Finance Corporation to
  185         submit a report to Enterprise Florida, Inc.; amending
  186         s. 288.903, F.S.; requiring Enterprise Florida, Inc.,
  187         with the Department of Economic Opportunity, to
  188         prepare an annual incentives report; repealing s.
  189         288.904(6), F.S., relating to Enterprise Florida,
  190         Inc., which requires the department to report the
  191         return on the public’s investment; amending s.
  192         288.906, F.S.; requiring certain reports to be
  193         included in the Enterprise Florida, Inc., annual
  194         report; amending s. 288.907, F.S.; requiring
  195         Enterprise Florida, Inc., with the Department of
  196         Economic Opportunity, to prepare the annual incentives
  197         report; requiring the annual incentives report to
  198         include certain information; deleting a provision
  199         requiring the Division of Strategic Business
  200         Development to assist Enterprise Florida, Inc., with
  201         the report; 288.92, F.S.; requiring each division of
  202         Enterprise Florida, Inc., to submit a report; amending
  203         s. 288.95155, F.S.; requiring the financial status of
  204         the Florida Small Business Technology Growth Program
  205         to be included in the annual incentives report;
  206         amending s. 290.0056, F.S.; revising a reporting date;
  207         requiring the enterprise zone development agency to
  208         submit certain information for the Department of
  209         Economic Opportunity’s annual report; amending s.
  210         290.014, F.S.; revising a reporting date; requiring
  211         certain reports on enterprise zones to be included in
  212         the Department of Economic Opportunity’s annual
  213         report; amending ss. 290.0411 and 290.042, F.S.;
  214         revising legislative intent and definitions applicable
  215         to the Florida Small Cities Community Development
  216         Block Grant Program Act; amending s. 290.044, F.S.;
  217         requiring the department to adopt rules for the
  218         distribution of block grant funds to eligible local
  219         governments; deleting authority for block grant funds
  220         to be distributed as loan guarantees to local
  221         governments; requiring that block grant funds be
  222         distributed to achieve the department’s community
  223         development objectives; requiring such objectives to
  224         be consistent with certain national objectives;
  225         amending s. 290.0455, F.S.; providing for the state’s
  226         guarantee of certain federal loans to local
  227         governments; requiring applicants for such loans to
  228         pledge a specified amount of revenues to guarantee the
  229         loans; revising requirements for the department to
  230         submit recommendations to the Federal Government for
  231         such loans; revising the maximum amount of the loan
  232         guarantee commitment that a local government may
  233         receive and providing exceptions; providing for
  234         reduction of a local government’s future community
  235         development block grants if the local government
  236         defaults on the federal loan; providing procedures if
  237         a local government is granted entitlement community
  238         status; amending s. 290.046, F.S.; revising
  239         application requirements for community development
  240         block grants and procedures for the ranking of
  241         applications and the determination of project funding;
  242         amending s. 290.047, F.S.; revising requirements for
  243         the establishment of grant ceilings and maximum
  244         expenditures on administrative costs from community
  245         development block grants; limiting an eligible local
  246         government’s authority to contract for specified
  247         services in connection with community development
  248         block grants; amending s. 290.0475, F.S.; revising
  249         conditions under which grant applications are
  250         ineligible for funding; amending s. 290.048, F.S.;
  251         revising the department’s duties to administer the
  252         Small Cities Community Development Block Grant Loan
  253         Guarantee Program; deleting provisions authorizing the
  254         establishment of an advisory committee; amending ss.
  255         331.3051 and 331.310, F.S.; revising requirements for
  256         annual reports by Space Florida; amending s. 443.036,
  257         F.S.; providing examples of misconduct; amending s.
  258         443.091, F.S.; providing for online work registration
  259         and providing exceptions; limiting a claimant’s use of
  260         the same prospective employer to meet work search
  261         requirements; providing an exception; providing that
  262         work search requirements do not apply to individuals
  263         required to participate in reemployment services;
  264         amending s. 443.101, F.S.; providing for
  265         disqualification in any week with respect to which the
  266         department finds that his or her unemployment is due
  267         to failure without good cause to maintain a license,
  268         registration, or certification required by applicable
  269         law necessary for the employee to perform her or his
  270         assigned job duties; providing examples of “good
  271         cause”; amending s. 443.1113, F.S., relating to the
  272         Reemployment Assistance Claims and Benefits
  273         Information System; revising timeframe for deployment
  274         of a certain Internet portal as part of such system;
  275         amending s. 443.131, F.S.; requiring the tax
  276         collection service provider to calculate a certain
  277         additional rate; providing for when an assessment may
  278         not be made; requiring assessments to be available to
  279         pay interest on federal advances; requiring certain
  280         excess funds to be transferred to the Unemployment
  281         Compensation Trust Fund after a certain time period;
  282         deleting the provision referring to crediting employer
  283         accounts; providing an expiration date; amending ss.
  284         443.151 F.S.; revising provisions to conform to
  285         changes made to benefit eligibility; requiring the
  286         department to impose a penalty against a claimant who
  287         is overpaid reemployment assistance benefits due to
  288         fraud by the claimant; requiring an appeals referee to
  289         be an attorney in good standing with the Florida Bar
  290         or successfully admitted within 8 months of hire;
  291         providing for a person who is an appeals referee as of
  292         the effective date of this act to become licensed by
  293         the Florida Bar by September 30, 2014; amending s.
  294         443.1715, F.S.; prohibiting the unlawful disclosure of
  295         certain confidential information relating to employing
  296         units and individuals under the Reemployment
  297         Assistance Program Law; providing criminal penalties;
  298         amending 443.191, F.S.; providing for the deposit of
  299         moneys recovered and penalties collected due to fraud
  300         in the Unemployment Compensation Trust Fund; amending
  301         s. 446.50, F.S.; requiring the Department of Economic
  302         Opportunity’s annual report to include a plan for the
  303         displaced homemaker program; deleting certain
  304         reporting requirements; providing effective dates.
  306  Be It Enacted by the Legislature of the State of Florida:
  308         Section 1. Economic Development Programs Evaluation.—The
  309  Office of Economic and Demographic Research and the Office of
  310  Program Policy Analysis and Government Accountability (OPPAGA)
  311  shall develop and present to the Governor, the President of the
  312  Senate, the Speaker of the House of Representatives, and the
  313  chairs of the legislative appropriations committees the Economic
  314  Development Programs Evaluation.
  315         (1) The Office of Economic and Demographic Research and
  316  OPPAGA shall coordinate the development of a work plan for
  317  completing the Economic Development Programs Evaluation and
  318  shall submit the work plan to the President of the Senate and
  319  the Speaker of the House of Representatives by July 1, 2013.
  320         (2) The Office of Economic and Demographic Research and
  321  OPPAGA shall provide a detailed analysis of economic development
  322  programs as provided in the following schedule:
  323         (a) By January 1, 2014, and every 3 years thereafter, an
  324  analysis of the following:
  325         1. The capital investment tax credit established under s.
  326  220.191, Florida Statutes.
  327         2. The qualified target industry tax refund established
  328  under s. 288.106, Florida Statutes.
  329         3. The brownfield redevelopment bonus refund established
  330  under s. 288.107, Florida Statutes.
  331         4. High-impact business performance grants established
  332  under s. 288.108, Florida Statutes.
  333         5.The Quick Action Closing Fund established under s.
  334  288.1088, Florida Statutes.
  335         6. The Innovation Incentive Program established under s.
  336  288.1089, Florida Statutes.
  337         7. Enterprise Zone Program incentives established under ss.
  338  212.08(5), 212.08(15), 212.096, 220.181, and 220.182, Florida
  339  Statutes.
  340         (b) By January 1, 2015, and every 3 years thereafter, an
  341  analysis of the following:
  342         1. The entertainment industry financial incentive program
  343  established under s. 288.1254, Florida Statutes.
  344         2. The entertainment industry sales tax exemption program
  345  established under s. 288.1258, Florida Statutes.
  346         3. VISIT Florida and its programs established or funded
  347  under ss. 288.122, 288.1226, 288.12265, and 288.124, Florida
  348  Statutes.
  349         4. The Florida Sports Foundation and related programs
  350  established under ss. 288.1162, 288.11621, 288.1166, 288.1167,
  351  288.1168, 288.1169, and 288.1171, Florida Statutes.
  352         (c) By January 1, 2016, and every 3 years thereafter, an
  353  analysis of the following:
  354         1. The qualified defense contractor and space flight
  355  business tax refund program established under s. 288.1045,
  356  Florida Statutes.
  357         2. The tax exemption for semiconductor, defense, or space
  358  technology sales established under s. 212.08(5)(j), Florida
  359  Statutes.
  360         3. The Military Base Protection Program established under
  361  s. 288.980, Florida Statutes.
  362         4. The Manufacturing and Spaceport Investment Incentive
  363  Program established under s. 288.1083, Florida Statutes.
  364         5. The Quick Response Training Program established under s.
  365  288.047, Florida Statutes.
  366         6. The Incumbent Worker Training Program established under
  367  s. 445.003, Florida Statutes.
  368         7. International trade and business development programs
  369  established or funded under s. 288.826, Florida Statutes.
  370         (3) Pursuant to the schedule established in subsection (2),
  371  the Office of Economic and Demographic Research shall evaluate
  372  and determine the economic benefits, as defined in s. 288.005,
  373  Florida Statutes, of each program over the previous 3 years. The
  374  analysis must also evaluate the number of jobs created, the
  375  increase or decrease in personal income, and the impact on state
  376  gross domestic product from the direct, indirect, and induced
  377  effects of the state’s investment in each program over the
  378  previous 3 years.
  379         (a) For the purpose of evaluating tax credits, tax refunds,
  380  sales tax exemptions, cash grants, and similar programs, the
  381  Office of Economic and Demographic Research shall evaluate data
  382  only from those projects in which businesses received state
  383  funds during the evaluation period. Such projects may be fully
  384  completed, partially completed with future fund disbursal
  385  possible pending performance measures, or partially completed
  386  with no future fund disbursal possible as a result of a
  387  business’s inability to meet performance measures.
  388         (b) The analysis must use the model developed by the Office
  389  of Economic and Demographic Research, as required in s. 216.138,
  390  Florida Statutes, to evaluate each program. The office shall
  391  provide a written explanation of the key assumptions of the
  392  model and how it is used. If the office finds that another
  393  evaluation model is more appropriate to evaluate a program, it
  394  may use another model, but it must provide an explanation as to
  395  why the selected model was more appropriate.
  396         (4) Pursuant to the schedule established in subsection (2),
  397  OPPAGA shall evaluate each program over the previous 3 years for
  398  its effectiveness and value to the taxpayers of this state and
  399  include recommendations on each program for consideration by the
  400  Legislature. The analysis may include relevant economic
  401  development reports or analyses prepared by the Department of
  402  Economic Opportunity, Enterprise Florida, Inc., or local or
  403  regional economic development organizations; interviews with the
  404  parties involved; or any other relevant data.
  405         (5) The Office of Economic and Demographic Research and
  406  OPPAGA must be given access to all data necessary to complete
  407  the Economic Development Programs Evaluation, including any
  408  confidential data. The offices may collaborate on data
  409  collection and analysis.
  410         Section 2. Subsection (10) of section 20.60, Florida
  411  Statutes, is amended to read:
  412         20.60 Department of Economic Opportunity; creation; powers
  413  and duties.—
  414         (10) The department, with assistance from Enterprise
  415  Florida, Inc., shall, by November 1 January 1 of each year,
  416  submit an annual report to the Governor, the President of the
  417  Senate, and the Speaker of the House of Representatives on the
  418  condition of the business climate and economic development in
  419  the state.
  420         (a) The report must shall include the identification of
  421  problems and a prioritized list of recommendations.
  422         (b) The report must incorporate annual reports of other
  423  programs, including:
  424         1. The displaced homemaker program established under s.
  425  446.50.
  426         2. Information provided by the Department of Revenue under
  427  s. 290.014.
  428         3. Information provided by enterprise zone development
  429  agencies under s. 290.0056 and an analysis of the activities and
  430  accomplishments of each enterprise zone.
  431         4. The Economic Gardening Business Loan Pilot Program
  432  established under s. 288.1081 and the Economic Gardening
  433  Technical Assistance Pilot Program established under s.
  434  288.1082.
  435         5. A detailed report of the performance of the Black
  436  Business Loan Program and a cumulative summary of quarterly
  437  report data required under s. 288.714.
  438         6. The Rural Economic Development Initiative established
  439  under s. 288.0656.
  440         Section 3. Paragraph (c) of subsection (1) of section
  441  201.15, Florida Statutes, is amended to read:
  442         201.15 Distribution of taxes collected.—All taxes collected
  443  under this chapter are subject to the service charge imposed in
  444  s. 215.20(1). Prior to distribution under this section, the
  445  Department of Revenue shall deduct amounts necessary to pay the
  446  costs of the collection and enforcement of the tax levied by
  447  this chapter. Such costs and the service charge may not be
  448  levied against any portion of taxes pledged to debt service on
  449  bonds to the extent that the costs and service charge are
  450  required to pay any amounts relating to the bonds. After
  451  distributions are made pursuant to subsection (1), all of the
  452  costs of the collection and enforcement of the tax levied by
  453  this chapter and the service charge shall be available and
  454  transferred to the extent necessary to pay debt service and any
  455  other amounts payable with respect to bonds authorized before
  456  January 1, 2013, secured by revenues distributed pursuant to
  457  subsection (1). All taxes remaining after deduction of costs and
  458  the service charge shall be distributed as follows:
  459         (1) Sixty-three and thirty-one hundredths percent of the
  460  remaining taxes shall be used for the following purposes:
  461         (c) After the required payments under paragraphs (a) and
  462  (b), the remainder shall be paid into the State Treasury to the
  463  credit of:
  464         1. The State Transportation Trust Fund in the Department of
  465  Transportation in the amount of the lesser of 38.2 percent of
  466  the remainder or $541.75 million in each fiscal year. Out of
  467  such funds, the first $50 million for the 2012-2013 fiscal year;
  468  $65 million for the 2013-2014 fiscal year; and $75 million for
  469  the 2014-2015 fiscal year and all subsequent years, shall be
  470  transferred to the State Economic Enhancement and Development
  471  Trust Fund within the Department of Economic Opportunity. The
  472  remainder is to be used for the following specified purposes,
  473  notwithstanding any other law to the contrary:
  474         a. For the purposes of capital funding for the New Starts
  475  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  476  specified in s. 341.051, 10 percent of these funds;
  477         b. For the purposes of the Small County Outreach Program
  478  specified in s. 339.2818, 5 percent of these funds. Effective
  479  July 1, 2014, the percentage allocated under this sub
  480  subparagraph shall be increased to 10 percent;
  481         c. For the purposes of the Strategic Intermodal System
  482  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  483  of these funds after allocating for the New Starts Transit
  484  Program described in sub-subparagraph a. and the Small County
  485  Outreach Program described in sub-subparagraph b.; and
  486         d. For the purposes of the Transportation Regional
  487  Incentive Program specified in s. 339.2819, 25 percent of these
  488  funds after allocating for the New Starts Transit Program
  489  described in sub-subparagraph a. and the Small County Outreach
  490  Program described in sub-subparagraph b. Effective July 1, 2014,
  491  the first $60 million of the funds allocated pursuant to this
  492  sub-subparagraph shall be allocated annually to the Florida Rail
  493  Enterprise for the purposes established in s. 341.303(5).
  494         2. The Grants and Donations Trust Fund in the Department of
  495  Economic Opportunity in the amount of the lesser of .23 percent
  496  of the remainder or $3.25 million in each fiscal year to fund
  497  technical assistance to local governments and school boards on
  498  the requirements and implementation of this act.
  499         3. The Ecosystem Management and Restoration Trust Fund in
  500  the amount of the lesser of 2.12 percent of the remainder or $30
  501  million in each fiscal year, to be used for the preservation and
  502  repair of the state’s beaches as provided in ss. 161.091
  503  161.212.
  504         4. General Inspection Trust Fund in the amount of the
  505  lesser of .02 percent of the remainder or $300,000 in each
  506  fiscal year to be used to fund oyster management and restoration
  507  programs as provided in s. 379.362(3).
  509  Moneys distributed pursuant to this paragraph may not be pledged
  510  for debt service unless such pledge is approved by referendum of
  511  the voters.
  512         Section 4. Paragraph (bb) is added to subsection (8) of
  513  section 213.053, Florida Statutes, to read:
  514         213.053 Confidentiality and information sharing.—
  515         (8) Notwithstanding any other provision of this section,
  516  the department may provide:
  517         (bb) Information to the director of the Office of Program
  518  Policy Analysis and Government Accountability or his or her
  519  authorized agent, and to the coordinator of the Office of
  520  Economic and Demographic Research or his or her authorized
  521  agent, for purposes of completing the Economic Development
  522  Programs Evaluation. Information obtained from the department
  523  pursuant to this paragraph may be shared by the director and the
  524  coordinator, or the director’s or coordinator’s authorized
  525  agent, for purposes of completing the Economic Development
  526  Programs Evaluation.
  528  Disclosure of information under this subsection shall be
  529  pursuant to a written agreement between the executive director
  530  and the agency. Such agencies, governmental or nongovernmental,
  531  shall be bound by the same requirements of confidentiality as
  532  the Department of Revenue. Breach of confidentiality is a
  533  misdemeanor of the first degree, punishable as provided by s.
  534  775.082 or s. 775.083.
  535         Section 5. Subsection (9) of section 220.194, Florida
  536  Statutes, is amended to read:
  537         220.194 Corporate income tax credits for spaceflight
  538  projects.—
  539         (9) ANNUAL REPORT.—Beginning in 2014, the Department of
  540  Economic Opportunity, in cooperation with Space Florida and the
  541  department, shall include in the submit an annual incentives
  542  report required under s. 288.907 a summary of summarizing
  543  activities relating to the Florida Space Business Incentives Act
  544  established under this section to the Governor, the President of
  545  the Senate, and the Speaker of the House of Representatives by
  546  each November 30.
  547         Section 6. Section 288.001, Florida Statutes, is amended to
  548  read:
  549         288.001 The Florida Small Business Development Center
  550  Network; purpose.—
  551         (1) PURPOSE.—The Florida Small Business Development Center
  552  Network is the principal business assistance organization for
  553  small businesses in the state. The purpose of the network is to
  554  serve emerging and established for-profit, privately held
  555  businesses that maintain a place of business in the state.
  556         (2)DEFINITIONS.—As used in this section, the term:
  557         (a) “Board of Governors” is the Board of Governors of the
  558  State University System.
  559         (b) “Host institution” is the university designated by the
  560  Board of Governors to be the recipient organization in
  561  accordance with 13 C.F.R. s. 130.200.
  562         (c) “Network” means the Florida Small Business Development
  563  Center Network.
  565         (a)The network’s statewide director shall operate the
  566  network in compliance with the federal laws and regulations
  567  governing the network and the Board of Governors Regulation
  568  10.015.
  569         (b)The network’s statewide director shall consult with the
  570  Board of Governors, the department, and the network’s statewide
  571  advisory board to ensure that the network’s policies and
  572  programs align with the statewide goals of the State University
  573  System and the statewide strategic economic development plan as
  574  provided under s. 20.60.
  575         (4) STATEWIDE ADVISORY BOARD.—
  576         (a)The network shall maintain a statewide advisory board
  577  to advise, counsel, and confer with the statewide director on
  578  matters pertaining to the operation of the network.
  579         (b) The statewide advisory board shall consist of 19
  580  members from across the state. At least 12 members must be
  581  representatives of the private sector who are knowledgeable of
  582  the needs and challenges of small businesses. The members must
  583  represent various segments and industries of the economy in this
  584  state and must bring knowledge and skills to the statewide
  585  advisory board which would enhance the board’s collective
  586  knowledge of small business assistance needs and challenges.
  587  Minority and gender representation must be considered when
  588  making appointments to the board. The board must include the
  589  following members:
  590         1.Three members appointed from the private sector by the
  591  President of the Senate.
  592         2.Three members appointed from the private sector by the
  593  Speaker of the House of Representatives.
  594         3.Three members appointed from the private sector by the
  595  Governor.
  596         4.Three members appointed from the private sector by the
  597  network’s statewide director.
  598         5.One member appointed by the host institution.
  599         6.The President of Enterprise Florida, Inc., or his or her
  600  designee.
  601         7.The Chief Financial Officer or his or her designee.
  602         8.The President of the Florida Chamber of Commerce or his
  603  or her designee.
  604         9.The Small Business Development Center Project Officer
  605  from the U.S. Small Business Administration at the South Florida
  606  District Office or his or her designee.
  607         10.The executive director of the National Federation of
  608  Independent Businesses, Florida, or his or her designee.
  609         11.The executive director of the Florida United Business
  610  Association or his or her designee.
  611         (c)The term of an appointed member shall be for 4 years,
  612  beginning August 1, 2013, except that at the time of initial
  613  appointments, two members appointed by the Governor, one member
  614  appointed by the President of the Senate, one member appointed
  615  by the Speaker of the House of Representatives, and one member
  616  appointed by the network’s statewide director shall be appointed
  617  for 2 years. An appointed member may be reappointed to a
  618  subsequent term. Members of the statewide advisory board may not
  619  receive compensation but may be reimbursed for per diem and
  620  travel expenses in accordance with s. 112.061.
  622         (a) The statewide director, in consultation with the
  623  advisory board, shall develop support services that are
  624  delivered through regional small business development centers.
  625  Support services must target the needs of businesses that employ
  626  fewer than 100 persons and demonstrate an assessed capacity to
  627  grow in employment or revenue.
  628         (b) Support services must include, but need not be limited
  629  to, providing information or research, consulting, educating, or
  630  assisting businesses in the following activities:
  631         1. Planning related to the start-up, operation, or
  632  expansion of a small business enterprise in this state. Such
  633  activities include providing guidance on business formation,
  634  structure, management, registration, regulation, and taxes.
  635         2. Developing and implementing strategic or business plans.
  636  Such activities include analyzing a business’s mission, vision,
  637  strategies, and goals; critiquing the overall plan; and creating
  638  performance measures.
  639         3. Developing the financial literacy of existing businesses
  640  related to their business cash flow and financial management
  641  plans. Such activities include conducting financial analysis
  642  health checks, assessing cost control management techniques, and
  643  building financial management strategies and solutions.
  644         4. Developing and implementing plans for existing
  645  businesses to access or expand to new or existing markets. Such
  646  activities include conducting market research, researching and
  647  identifying expansion opportunities in international markets,
  648  and identifying opportunities in selling to units of government.
  649         5. Supporting access to capital for business investment and
  650  expansion. Such activities include providing technical
  651  assistance relating to obtaining surety bonds; identifying and
  652  assessing potential debt or equity investors or other financing
  653  opportunities; assisting in the preparation of applications,
  654  projections, or pro forma or other support documentation for
  655  surety bond, loan, financing, or investment requests; and
  656  facilitating conferences with lenders or investors.
  657         6. Assisting existing businesses to plan for a natural or
  658  man-made disaster, and assisting businesses when such an event
  659  occurs. Such activities include creating business continuity and
  660  disaster plans, preparing disaster and bridge loan applications,
  661  and carrying out other emergency support functions.
  662         (c)A business receiving support services must agree to
  663  participate in assessments of such services. The agreement, at a
  664  minimum, must request the business to report demographic
  665  characteristics, changes in employment and sales, debt and
  666  equity capital attained, and government contracts acquired. The
  667  host institution may require additional reporting requirements
  668  for funding described in subsection (7).
  669         (6)REQUIRED MATCH.—The network must provide a match equal
  670  to the total amount of any direct legislative appropriation
  671  which is received directly by the host institution and is
  672  specifically designated for the network. The match may include
  673  funds from federal or other nonstate funding sources designated
  674  for the network. At least 50 percent of the match must be cash.
  675  The remaining 50 percent may be provided through any allowable
  676  combination of additional cash, in-kind contributions, or
  677  indirect costs.
  681         (a) The statewide director, in coordination with the host
  682  institution, shall establish a pay-per-performance incentive for
  683  regional small business development centers. Such incentive
  684  shall be funded from half of any state appropriation received
  685  directly by the host institution, which appropriation is
  686  specifically designated for the network. These funds shall be
  687  distributed to the regional small business development centers
  688  based upon data collected from the businesses as provided under
  689  paragraph (5)(c). The distribution formula must provide for the
  690  distribution of funds in part on the gross number of jobs
  691  created annually by each center and in part on the number of
  692  jobs created per support service hour. The pay-per-performance
  693  incentive must supplement the operations and support services of
  694  each regional small business development center, and may not
  695  reduce matching funds dedicated to the regional small business
  696  development center.
  697         (b) Half of any state funds received directly by the host
  698  institution which are specifically designated for the network
  699  shall be distributed by the statewide director, in coordination
  700  with the advisory board, for the following purposes:
  701         1. Ensuring that support services are available statewide,
  702  especially in underserved and rural areas of the state, to
  703  assist eligible businesses;
  704         2. Enhancing participation in the network among state
  705  universities and colleges; and
  706         3. Facilitating the adoption of innovative small business
  707  assistance best practices by the regional small business
  708  development centers.
  709         (c) The statewide director, in coordination with the
  710  advisory board, shall develop annual programs to distribute
  711  funds for each of the purposes described in paragraph (b). The
  712  network shall announce the annual amount of available funds for
  713  each program, performance expectations, and other requirements.
  714  For each program, the statewide director shall present
  715  applications and recommendations to the advisory board. The
  716  advisory board shall make the final approval of applications.
  717  Approved applications must be publicly posted. At a minimum,
  718  programs must include:
  719         1. New regional small business development centers; and
  720         2. Awards for the top six regional small business
  721  development centers that adopt best practices, as determined by
  722  the advisory board. Detailed information about best practices
  723  must be made available to regional small business development
  724  centers for voluntary implementation.
  725         (d) A regional small business development center that has
  726  been found by the statewide director to perform poorly, to
  727  engage in improper activity affecting the operation and
  728  integrity of the network, or to fail to follow the rules and
  729  procedures set forth in the laws, regulations, and policies
  730  governing the network, is not eligible for funds under this
  731  subsection.
  732         (e) Funds awarded under this subsection may not reduce
  733  matching funds dedicated to the regional small business
  734  development centers.
  735         (8) REPORTING.—
  736         (a) The statewide director shall quarterly update the Board
  737  of Governors, the department, and the advisory board on the
  738  network’s progress and outcomes, including aggregate information
  739  on businesses assisted by the network.
  740         (b) The statewide director, in coordination with the
  741  advisory board, shall annually report, on June 30, to the
  742  President of the Senate and the Speaker of the House of
  743  Representatives on the network’s progress and outcomes for the
  744  previous fiscal year. The report must include aggregate
  745  information on businesses assisted by the network, network
  746  services and programs, the use of funds specifically dedicated
  747  to the network, and the network’s economic benefit to the state.
  748  The report must contain specific information on performance
  749  based metrics and contain the methodology used to calculate the
  750  network’s economic benefit to the state.
  751         Section 7. Subsection (4) is added to section 288.005,
  752  Florida Statutes, to read:
  753         288.005 Definitions.—As used in this chapter, the term:
  754         (4) “Jobs” means full-time equivalent positions, including,
  755  but not limited to, positions obtained from a temporary
  756  employment agency or employee leasing company or through a union
  757  agreement or coemployment under a professional employer
  758  organization agreement, which result directly from a project in
  759  this state. This number does not include temporary construction
  760  jobs involved with the construction of facilities for the
  761  project.
  762         Section 8. Subsection (3) of section 288.012, Florida
  763  Statutes, is amended to read:
  764         288.012 State of Florida international offices; state
  765  protocol officer; protocol manual.—The Legislature finds that
  766  the expansion of international trade and tourism is vital to the
  767  overall health and growth of the economy of this state. This
  768  expansion is hampered by the lack of technical and business
  769  assistance, financial assistance, and information services for
  770  businesses in this state. The Legislature finds that these
  771  businesses could be assisted by providing these services at
  772  State of Florida international offices. The Legislature further
  773  finds that the accessibility and provision of services at these
  774  offices can be enhanced through cooperative agreements or
  775  strategic alliances between private businesses and state, local,
  776  and international governmental entities.
  777         (3) By October 1 of each year, Each international office
  778  shall annually submit to Enterprise Florida, Inc., the
  779  department a complete and detailed report on its activities and
  780  accomplishments during the previous preceding fiscal year for
  781  inclusion in the annual report required under s. 288.906. In the
  782  a format and by the annual date prescribed provided by
  783  Enterprise Florida, Inc., the report must set forth information
  784  on:
  785         (a) The number of Florida companies assisted.
  786         (b) The number of inquiries received about investment
  787  opportunities in this state.
  788         (c) The number of trade leads generated.
  789         (d) The number of investment projects announced.
  790         (e) The estimated U.S. dollar value of sales confirmations.
  791         (f) The number of representation agreements.
  792         (g) The number of company consultations.
  793         (h) Barriers or other issues affecting the effective
  794  operation of the office.
  795         (i) Changes in office operations which are planned for the
  796  current fiscal year.
  797         (j) Marketing activities conducted.
  798         (k) Strategic alliances formed with organizations in the
  799  country in which the office is located.
  800         (l) Activities conducted with Florida’s other international
  801  offices.
  802         (m) Any other information that the office believes would
  803  contribute to an understanding of its activities.
  804         Section 9. Section 288.061, Florida Statutes, is amended to
  805  read:
  806         288.061 Economic development incentive application
  807  process.—
  808         (1) Upon receiving a submitted economic development
  809  incentive application, the Division of Strategic Business
  810  Development of the Department of Economic Opportunity and
  811  designated staff of Enterprise Florida, Inc., shall review the
  812  application to ensure that the application is complete, whether
  813  and what type of state and local permits may be necessary for
  814  the applicant’s project, whether it is possible to waive such
  815  permits, and what state incentives and amounts of such
  816  incentives may be available to the applicant. The department
  817  shall recommend to the executive director to approve or
  818  disapprove an applicant business. If review of the application
  819  demonstrates that the application is incomplete, the executive
  820  director shall notify the applicant business within the first 5
  821  business days after receiving the application.
  822         (2) Beginning July 1, 2013, the department shall review and
  823  evaluate each economic development incentive application for the
  824  economic benefits of the proposed award of state incentives
  825  proposed for the project. The term “economic benefits” has the
  826  same meaning as in s. 288.005. The Office of Economic and
  827  Demographic Research shall review and evaluate the methodology
  828  and model used to calculate the economic benefits. For purposes
  829  of this requirement, an amended definition of economic benefits
  830  may be developed in conjunction with the Office of Economic and
  831  Demographic Research. The Office of Economic and Demographic
  832  Research shall report on the methodology and model by September
  833  1, 2013, and every third year thereafter, to the President of
  834  the Senate and the Speaker of the House of Representatives.
  835         (3)(2) Within 10 business days after the department
  836  receives the submitted economic development incentive
  837  application, the executive director shall approve or disapprove
  838  the application and issue a letter of certification to the
  839  applicant which includes a justification of that decision,
  840  unless the business requests an extension of that time.
  841         (a) The contract or agreement with the applicant must shall
  842  specify the total amount of the award, the performance
  843  conditions that must be met to obtain the award, the schedule
  844  for payment, and sanctions that would apply for failure to meet
  845  performance conditions. The department may enter into one
  846  agreement or contract covering all of the state incentives that
  847  are being provided to the applicant. The contract must provide
  848  that release of funds is contingent upon sufficient
  849  appropriation of funds by the Legislature.
  850         (b) The release of funds for the incentive or incentives
  851  awarded to the applicant depends upon the statutory requirements
  852  of the particular incentive program, except as provided in
  853  subsection (4).
  854         (4)(a)In order to receive an incentive under s. 288.1088
  855  or s. 288.1089, an applicant must provide the department with a
  856  surety bond, issued by an insurer authorized to do business in
  857  this state, for the amount of the award under the incentive
  858  contract or agreement. Funds may not be paid to an applicant
  859  until the department certifies compliance with this subsection.
  860         1. The contract or agreement must provide that the bond
  861  remain in effect until all performance conditions in the
  862  contract or agreement have been satisfied. The department may
  863  require the bond to cover the entire amount of the contract or
  864  agreement or allow for a bond to be renewed upon the completion
  865  of scheduled performance measurements specified in the contract
  866  or agreement. The contract or agreement must provide that the
  867  release of any funds is contingent upon receipt by the
  868  department of the surety bond.
  869         2.The contract or agreement must provide that up to half
  870  of the premium payment on the surety bond may be paid from the
  871  award amount, not to exceed 3 percent of the award.
  872         3. The applicant shall notify the department at least 10
  873  days before each premium payment is due.
  874         4. Any notice of cancellation or nonrenewal issued by an
  875  insurer must comply with the notice requirements of s. 626.9201.
  876  If the applicant receives a notice of cancellation or
  877  nonrenewal, the applicant must immediately notify the
  878  department.
  879         5.The cancellation of the surety bond is a violation of
  880  the contract or agreement between the applicant and the
  881  department. The department is released from any obligation to
  882  make future scheduled payments unless the applicant is able to
  883  secure a new surety bond or comply with the requirements of
  884  paragraphs (b) and (c) within 90 days before the effective date
  885  of the cancellation.
  886         (b) If an applicant is unable to secure a surety bond or
  887  can demonstrate that obtaining a bond is unreasonable in cost,
  888  the department may waive the requirements specified in paragraph
  889  (a) by certifying in writing to the Governor, President of the
  890  Senate, and Speaker of the House of Representatives the
  891  following information:
  892         1.An explanation stating the reasons why the applicant
  893  could not obtain a bond, to the extent such information is not
  894  confidential under s. 288.075;
  895         2. A description of the economic benefits expected to be
  896  generated by the incentive award which indicates that the
  897  project warrants waiver of the requirement; and
  898         3. An evaluation of the quality and value of the applicant
  899  which supports the selection of the alternative securitization
  900  under paragraph (c). The department’s evaluation must consider
  901  the following information when determining the form for securing
  902  the award amount:
  903         a. A financial analysis of the company, including an
  904  evaluation of the company’s short-term liquidity ratio as
  905  measured by its assets to liability, the company’s profitability
  906  ratio, and the company’s long-term solvency as measured by its
  907  debt-to-equity ratio;
  908         b. The historical market performance of the company;
  909         c. Any independent evaluations of the company;
  910         d. The latest audit of the company’s financial statement
  911  and the related auditor’s management letter; and
  912         e. Any other types of reports that are related to the
  913  internal controls or management of the company.
  914         (c)1. If the department grants a waiver under paragraph
  915  (b), the incentives contract or agreement must provide for
  916  securing the award amount in one of the following forms:
  917         a. An irrevocable letter of credit issued by a financial
  918  institution, as defined in s. 655.005;
  919         b. Cash or securities held in trust by a financial
  920  institution, as defined in s. 655.005, and subject to a control
  921  agreement; or
  922         c. A secured transaction in collateral under the control or
  923  possession of the applicant for the value of the award amount.
  924  The department is authorized to negotiate the terms and
  925  conditions of the security agreement.
  926         2.The contract or agreement must provide that the release
  927  of any funds is contingent upon the receipt of documentation by
  928  the department which satisfies all of the requirements found in
  929  this paragraph. Funds may not be paid to the applicant until the
  930  department certifies compliance with this subsection.
  931         3.The irrevocable letter of credit, trust, or security
  932  agreement must remain in effect until all performance conditions
  933  specified in the contract or agreement have been satisfied.
  934  Failure to comply with this provision results in a violation of
  935  the contract or agreement between the applicant and the
  936  department and releases the department from any obligation to
  937  make future scheduled payments.
  938         (d) The department may waive the requirements of paragraphs
  939  (a) through (c) by certifying to the Governor and the chair and
  940  vice chair of the Legislative Budget Commission the following
  941  information:
  942         1. The applicant demonstrates the financial ability to
  943  fulfill the requirements of the contract and has submitted an
  944  independently audited financial statement for the previous 5
  945  years;
  946         2. If applicable, the applicant was previously a recipient
  947  of an incentive under an economic development program, was
  948  subject to clawback requirements, and timely complied with those
  949  provisions; and
  950         3. The department has determined that waiver of the
  951  requirements of paragraphs (a) through (c) is in the best
  952  interest of the state.
  953         (e) For waivers granted under paragraph (d), the department
  954  shall provide a written description and evaluation of the waiver
  955  to the chair and vice chair of the Legislative Budget
  956  Commission. Such information may be provided at the same time
  957  that the information for the project consultation is provided to
  958  the Legislative Budget Commission under s. 288.1088 or s.
  959  288.1089. If the chair or vice chair of the Legislative Budget
  960  Commission timely advises the department that such action or
  961  proposed action exceeds delegated authority or is contrary to
  962  legislative policy or intent, the department shall void the
  963  waiver until the Legislative Budget Commission or the
  964  Legislature addresses the issue. A waiver granted by the
  965  department for any project exceeding $5 million must be approved
  966  by the Legislative Budget Commission.
  967         (f) The provisions of this subsection shall apply to any
  968  contract entered into on or after July 1, 2013.
  969         (5) In the event of default on the performance conditions
  970  specified in the contract or agreement, or violation of any of
  971  the provisions found in this section, the state may, in addition
  972  to any other remedy provided by law, bring suit to enforce its
  973  interest.
  974         (6)(3) The department shall validate contractor performance
  975  and report. such Such validation shall be reported in the annual
  976  incentives incentive report required under s. 288.907.
  977         (7) The department is authorized to adopt rules to
  978  implement this section.
  979         Section 10. Subsection (8) of section 288.0656, Florida
  980  Statutes, is amended to read:
  981         288.0656 Rural Economic Development Initiative.—
  982         (8) REDI shall submit a report to the department Governor,
  983  the President of the Senate, and the Speaker of the House of
  984  Representatives each year on or before September 1 on all REDI
  985  activities for the previous prior fiscal year as a supplement to
  986  the department’s annual report required under s. 20.60. This
  987  supplementary report must shall include:
  988         (a) A status report on all projects currently being
  989  coordinated through REDI, the number of preferential awards and
  990  allowances made pursuant to this section, the dollar amount of
  991  such awards, and the names of the recipients.
  992         (b)The report shall also include A description of all
  993  waivers of program requirements granted.
  994         (c)The report shall also include Information as to the
  995  economic impact of the projects coordinated by REDI., and
  996         (d) Recommendations based on the review and evaluation of
  997  statutes and rules having an adverse impact on rural
  998  communities, and proposals to mitigate such adverse impacts.
  999         Section 11. Paragraph (c) of subsection (3) of section
 1000  288.095, Florida Statutes, is repealed.
 1001         Section 12. Paragraph (c) of subsection (4) and paragraph
 1002  (d) of subsection (7) of section 288.106, Florida Statutes, are
 1003  amended to read:
 1004         288.106 Tax refund program for qualified target industry
 1005  businesses.—
 1007         (c) Each application meeting the requirements of paragraph
 1008  (b) must be submitted to the department for determination of
 1009  eligibility. The department shall review and evaluate each
 1010  application based on, but not limited to, the following
 1011  criteria:
 1012         1. Expected contributions to the state’s economy,
 1013  consistent with the state strategic economic development plan
 1014  prepared by the department.
 1015         2. The economic benefits of the proposed award of tax
 1016  refunds under this section and the economic benefits of state
 1017  incentives proposed for the project. The term “economic
 1018  benefits” has the same meaning as in s. 288.005. The Office of
 1019  Economic and Demographic Research shall review and evaluate the
 1020  methodology and model used to calculate the economic benefits
 1021  and shall report its findings by September 1 of every 3rd year,
 1022  to the President of the Senate and the Speaker of the House of
 1023  Representatives.
 1024         3. The amount of capital investment to be made by the
 1025  applicant in this state.
 1026         4. The local financial commitment and support for the
 1027  project.
 1028         5. The expected effect of the project on the unemployed and
 1029  underemployed unemployment rate in the county where the project
 1030  will be located.
 1031         6. The expected effect of the award on the viability of the
 1032  project and the probability that the project would be undertaken
 1033  in this state if such tax refunds are granted to the applicant.
 1034         7. The expected long-term commitment of the applicant to
 1035  economic growth and employment in this state resulting from the
 1036  project.
 1037         7.8. A review of the business’s past activities in this
 1038  state or other states, including whether the such business has
 1039  been subjected to criminal or civil fines and penalties and
 1040  whether the business received economic development incentives in
 1041  other states and the results of such incentive agreements. This
 1042  subparagraph does not require the disclosure of confidential
 1043  information.
 1044         (7) ADMINISTRATION.—
 1045         (d) Beginning with tax refund agreements signed after July
 1046  1, 2010, the department shall attempt to ascertain the causes
 1047  for any business’s failure to complete its agreement and shall
 1048  report its findings and recommendations must be included in the
 1049  annual incentives report under s. 288.907 to the Governor, the
 1050  President of the Senate, and the Speaker of the House of
 1051  Representatives. The report shall be submitted by December 1 of
 1052  each year beginning in 2011.
 1053         Section 13. Subsection (8) of section 288.1081, Florida
 1054  Statutes, is amended to read:
 1055         288.1081 Economic Gardening Business Loan Pilot Program.—
 1056         (8) The annual report required under s. 20.60 must describe
 1057  On June 30 and December 31 of each year, the department shall
 1058  submit a report to the Governor, the President of the Senate,
 1059  and the Speaker of the House of Representatives which describes
 1060  in detail the use of the loan funds. The report must include, at
 1061  a minimum, the number of businesses receiving loans, the number
 1062  of full-time equivalent jobs created as a result of the loans,
 1063  the amount of wages paid to employees in the newly created jobs,
 1064  the locations and types of economic activity undertaken by the
 1065  borrowers, the amounts of loan repayments made to date, and the
 1066  default rate of borrowers.
 1067         Section 14. Subsection (8) of section 288.1082, Florida
 1068  Statutes, is amended to read:
 1069         288.1082 Economic Gardening Technical Assistance Pilot
 1070  Program.—
 1071         (8) The annual report required under s. 20.60 must describe
 1072  On December 31 of each year, the department shall submit a
 1073  report to the Governor, the President of the Senate, and the
 1074  Speaker of the House of Representatives which describes in
 1075  detail the progress of the pilot program. The report must
 1076  include, at a minimum, the number of businesses receiving
 1077  assistance, the number of full-time equivalent jobs created as a
 1078  result of the assistance, if any, the amount of wages paid to
 1079  employees in the newly created jobs, and the locations and types
 1080  of economic activity undertaken by the businesses.
 1081         Section 15. Paragraph (e) of subsection (3) of section
 1082  288.1088, Florida Statutes, is amended to read:
 1083         288.1088 Quick Action Closing Fund.—
 1084         (3)
 1085         (e) The department Enterprise Florida, Inc., shall validate
 1086  contractor performance and report. such validation in the annual
 1087  incentives report required under s. 288.907 shall be reported
 1088  within 6 months after completion of the contract to the
 1089  Governor, President of the Senate, and the Speaker of the House
 1090  of Representatives.
 1091         Section 16. Paragraphs (b) and (d) of subsection (4), and
 1092  subsections (9) and (11) of section 288.1089, Florida Statutes,
 1093  are amended to read:
 1094         288.1089 Innovation Incentive Program.—
 1095         (4) To qualify for review by the department, the applicant
 1096  must, at a minimum, establish the following to the satisfaction
 1097  of the department:
 1098         (b) A research and development project must:
 1099         1. Serve as a catalyst for an emerging or evolving
 1100  technology cluster.
 1101         2. Demonstrate a plan for significant higher education
 1102  collaboration.
 1103         3. Provide the state, at a minimum, a cumulative break-even
 1104  economic benefit return on investment within a 20-year period.
 1105         4. Be provided with a one-to-one match from the local
 1106  community. The match requirement may be reduced or waived in
 1107  rural areas of critical economic concern or reduced in rural
 1108  areas, brownfield areas, and enterprise zones.
 1109         (d) For an alternative and renewable energy project in this
 1110  state, the project must:
 1111         1. Demonstrate a plan for significant collaboration with an
 1112  institution of higher education;
 1113         2. Provide the state, at a minimum, a cumulative break-even
 1114  economic benefit return on investment within a 20-year period;
 1115         3. Include matching funds provided by the applicant or
 1116  other available sources. The match requirement may be reduced or
 1117  waived in rural areas of critical economic concern or reduced in
 1118  rural areas, brownfield areas, and enterprise zones;
 1119         4. Be located in this state; and
 1120         5. Provide at least 35 direct, new jobs that pay an
 1121  estimated annual average wage that equals at least 130 percent
 1122  of the average private sector wage.
 1123         (9) The department shall validate the performance of an
 1124  innovation business, a research and development facility, or an
 1125  alternative and renewable energy business that has received an
 1126  award. At the conclusion of the innovation incentive award
 1127  agreement, or its earlier termination, the department shall
 1128  include in the annual incentives report required under s.
 1129  288.907 a detailed description of, within 90 days, submit a
 1130  report to the Governor, the President of the Senate, and the
 1131  Speaker of the House of Representatives detailing whether the
 1132  recipient of the innovation incentive grant achieved its
 1133  specified outcomes.
 1134         (11)(a) The department shall include in submit to the
 1135  Governor, the President of the Senate, and the Speaker of the
 1136  House of Representatives, as part of the annual incentives
 1137  report required under s. 288.907, a report summarizing the
 1138  activities and accomplishments of the recipients of grants from
 1139  the Innovation Incentive Program during the previous 12 months
 1140  and an evaluation of whether the recipients are catalysts for
 1141  additional direct and indirect economic development in Florida.
 1142         (b) Beginning March 1, 2010, and every third year
 1143  thereafter, the Office of Program Policy Analysis and Government
 1144  Accountability, in consultation with the Auditor General’s
 1145  Office, shall release a report evaluating the Innovation
 1146  Incentive Program’s progress toward creating clusters of high
 1147  wage, high-skilled, complementary industries that serve as
 1148  catalysts for economic growth specifically in the regions in
 1149  which they are located, and generally for the state as a whole.
 1150  Such report should include critical analyses of quarterly and
 1151  annual reports, annual audits, and other documents prepared by
 1152  the Innovation Incentive Program awardees; relevant economic
 1153  development reports prepared by the department, Enterprise
 1154  Florida, Inc., and local or regional economic development
 1155  organizations; interviews with the parties involved; and any
 1156  other relevant data. Such report should also include legislative
 1157  recommendations, if necessary, on how to improve the Innovation
 1158  Incentive Program so that the program reaches its anticipated
 1159  potential as a catalyst for direct and indirect economic
 1160  development in this state.
 1161         Section 17. Subsection (4) of section 288.1226, Florida
 1162  Statutes, is amended to read:
 1163         288.1226 Florida Tourism Industry Marketing Corporation;
 1164  use of property; board of directors; duties; audit.—
 1165         (4) BOARD OF DIRECTORS.—The board of directors of the
 1166  corporation shall be composed of the Governor and 31 tourism
 1167  industry-related members, appointed by Enterprise Florida, Inc.,
 1168  in conjunction with the department.
 1169         (a) The Governor shall serve ex officio as a nonvoting
 1170  member of the board.
 1171         (b)(a) The board shall consist of 16 members, appointed in
 1172  such a manner as to equitably represent all geographic areas of
 1173  the state, with no fewer than two members from any of the
 1174  following regions:
 1175         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
 1176  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
 1177  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
 1178         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
 1179  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
 1180  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
 1181  Taylor, and Union Counties.
 1182         3. Region 3, composed of Brevard, Indian River, Lake,
 1183  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
 1184  Volusia Counties.
 1185         4. Region 4, composed of Citrus, Hernando, Hillsborough,
 1186  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
 1187         5. Region 5, composed of Charlotte, Collier, DeSoto,
 1188  Glades, Hardee, Hendry, Highlands, and Lee Counties.
 1189         6. Region 6, composed of Broward, Martin, Miami-Dade,
 1190  Monroe, and Palm Beach Counties.
 1191         (c)(b) The 15 additional tourism-industry-related members
 1192  shall include 1 representative from the statewide rental car
 1193  industry; 7 representatives from tourist-related statewide
 1194  associations, including those that represent hotels,
 1195  campgrounds, county destination marketing organizations,
 1196  museums, restaurants, retail, and attractions; 3 representatives
 1197  from county destination marketing organizations; 1
 1198  representative from the cruise industry; 1 representative from
 1199  an automobile and travel services membership organization that
 1200  has at least 2.8 million members in Florida; 1 representative
 1201  from the airline industry; and 1 representative from the space
 1202  tourism industry, who will each serve for a term of 2 years.
 1203         Section 18. Subsection (3) of section 288.1253, Florida
 1204  Statutes, is amended to read:
 1205         288.1253 Travel and entertainment expenses.—
 1206         (3) The Office of Film and Entertainment department shall
 1207  include in the annual report for the entertainment industry
 1208  financial incentive program required under s. 288.1254(10) a
 1209  prepare an annual report of the office’s expenditures of the
 1210  Office of Film and Entertainment and provide such report to the
 1211  Legislature no later than December 30 of each year for the
 1212  expenditures of the previous fiscal year. The report must shall
 1213  consist of a summary of all travel, entertainment, and
 1214  incidental expenses incurred within the United States and all
 1215  travel, entertainment, and incidental expenses incurred outside
 1216  the United States, as well as a summary of all successful
 1217  projects that developed from such travel.
 1218         Section 19. Subsection (10) of section 288.1254, Florida
 1219  Statutes, is amended to read:
 1220         288.1254 Entertainment industry financial incentive
 1221  program.—
 1222         (10) ANNUAL REPORT.—Each November 1 October 1, the Office
 1223  of Film and Entertainment shall submit provide an annual report
 1224  for the previous fiscal year to the Governor, the President of
 1225  the Senate, and the Speaker of the House of Representatives
 1226  which outlines the incentive program’s return on investment and
 1227  economic benefits to the state. The report must shall also
 1228  include an estimate of the full-time equivalent positions
 1229  created by each production that received tax credits under this
 1230  section and information relating to the distribution of
 1231  productions receiving credits by geographic region and type of
 1232  production. The report must also include the expenditures report
 1233  required under s. 288.1253(3) and the information describing the
 1234  relationship between tax exemptions and incentives to industry
 1235  growth required under s. 288.1258(5).
 1236         Section 20. Subsection (5) of section 288.1258, Florida
 1237  Statutes, is amended to read:
 1238         288.1258 Entertainment industry qualified production
 1239  companies; application procedure; categories; duties of the
 1240  Department of Revenue; records and reports.—
 1243  and Entertainment shall keep annual records from the information
 1244  provided on taxpayer applications for tax exemption certificates
 1245  beginning January 1, 2001. These records also must shall reflect
 1246  a ratio of the annual amount of sales and use tax exemptions
 1247  under this section, plus the incentives awarded pursuant to s.
 1248  288.1254 to the estimated amount of funds expended by certified
 1249  productions. In addition, the office shall maintain data showing
 1250  annual growth in Florida-based entertainment industry companies
 1251  and entertainment industry employment and wages. The employment
 1252  information must shall include an estimate of the full-time
 1253  equivalent positions created by each production that received
 1254  tax credits pursuant to s. 288.1254. The Office of Film and
 1255  Entertainment shall include report this information in the
 1256  annual report for the entertainment industry financial incentive
 1257  program required under s. 288.1254(10) to the Legislature no
 1258  later than December 1 of each year.
 1259         Section 21. Subsection (3) of section 288.714, Florida
 1260  Statutes, is amended to read:
 1261         288.714 Quarterly and annual reports.—
 1262         (3) By August 31 of each year, The department shall include
 1263  in its annual report required under s. 20.60 provide to the
 1264  Governor, the President of the Senate, and the Speaker of the
 1265  House of Representatives a detailed report of the performance of
 1266  the Black Business Loan Program. The report must include a
 1267  cumulative summary of the quarterly report data compiled
 1268  pursuant to required by subsection (2) (1).
 1269         Section 22. Section 288.7771, Florida Statutes, is amended
 1270  to read:
 1271         288.7771 Annual report of Florida Export Finance
 1272  Corporation.—The corporation shall annually prepare and submit
 1273  to Enterprise Florida, Inc., the department for inclusion in its
 1274  annual report required under s. 288.906 by s. 288.095 a complete
 1275  and detailed report setting forth:
 1276         (1) The report required in s. 288.776(3).
 1277         (2) Its assets and liabilities at the end of its most
 1278  recent fiscal year.
 1279         Section 23. Subsections (3), (4), and (5) of section
 1280  288.903, Florida Statutes, are amended to read:
 1281         288.903 Duties of Enterprise Florida, Inc.—Enterprise
 1282  Florida, Inc., shall have the following duties:
 1283         (3) Prepare an annual report pursuant to s. 288.906.
 1284         (4) Prepare, in conjunction with the department, and an
 1285  annual incentives report pursuant to s. 288.907.
 1286         (5)(4) Assist the department with the development of an
 1287  annual and a long-range strategic business blueprint for
 1288  economic development required in s. 20.60.
 1289         (6)(5) In coordination with Workforce Florida, Inc.,
 1290  identify education and training programs that will ensure
 1291  Florida businesses have access to a skilled and competent
 1292  workforce necessary to compete successfully in the domestic and
 1293  global marketplace.
 1294         Section 24. Subsection (6) of section 288.904, Florida
 1295  Statutes, is repealed.
 1296         Section 25. Subsection (3) is added to section 288.906,
 1297  Florida Statutes, to read:
 1298         288.906 Annual report of Enterprise Florida, Inc., and its
 1299  divisions; audits.—
 1300         (3) The following reports must be included as supplements
 1301  to the detailed report required by this section:
 1302         (a)The annual report of the Florida Export Finance
 1303  Corporation required under s. 288.7771.
 1304         (b)The report on international offices required under s.
 1305  288.012.
 1306         Section 26. Section 288.907, Florida Statutes, is amended
 1307  to read:
 1308         288.907 Annual incentives report.—
 1309         (1)By December 30 of each year, In addition to the annual
 1310  report required under s. 288.906, Enterprise Florida, Inc., in
 1311  conjunction with the department, by December 30 of each year,
 1312  shall provide the Governor, the President of the Senate, and the
 1313  Speaker of the House of Representatives a detailed incentives
 1314  report quantifying the economic benefits for all of the economic
 1315  development incentive programs marketed by Enterprise Florida,
 1316  Inc.
 1317         (a) The annual incentives report must include:
 1318         (1) For each incentive program:
 1319         (a)1. A brief description of the incentive program.
 1320         (b)2. The amount of awards granted, by year, since
 1321  inception and the annual amount actually transferred from the
 1322  state treasury to businesses or for the benefit of businesses
 1323  for each of the previous 3 years.
 1324         3. The economic benefits, as defined in s. 288.005, based
 1325  on the actual amount of private capital invested, actual number
 1326  of jobs created, and actual wages paid for incentive agreements
 1327  completed during the previous 3 years.
 1328         (c)4.The report shall also include The actual amount of
 1329  private capital invested, actual number of jobs created, and
 1330  actual wages paid for incentive agreements completed during the
 1331  previous 3 years for each target industry sector.
 1332         (2)(b) For projects completed during the previous state
 1333  fiscal year, the report must include:
 1334         (a)1. The number of economic development incentive
 1335  applications received.
 1336         (b)2. The number of recommendations made to the department
 1337  by Enterprise Florida, Inc., including the number recommended
 1338  for approval and the number recommended for denial.
 1339         (c)3. The number of final decisions issued by the
 1340  department for approval and for denial.
 1341         (d)4. The projects for which a tax refund, tax credit, or
 1342  cash grant agreement was executed, identifying for each project:
 1343         1.a. The number of jobs committed to be created.
 1344         2.b. The amount of capital investments committed to be
 1345  made.
 1346         3.c. The annual average wage committed to be paid.
 1347         4.d. The amount of state economic development incentives
 1348  committed to the project from each incentive program under the
 1349  project’s terms of agreement with the Department of Economic
 1350  Opportunity.
 1351         5.e. The amount and type of local matching funds committed
 1352  to the project.
 1353         (e) Tax refunds paid or other payments made funded out of
 1354  the Economic Development Incentives Account for each project.
 1355         (f) The types of projects supported.
 1356         (3)(c) For economic development projects that received tax
 1357  refunds, tax credits, or cash grants under the terms of an
 1358  agreement for incentives, the report must identify:
 1359         (a)1. The number of jobs actually created.
 1360         (b)2. The amount of capital investments actually made.
 1361         (c)3. The annual average wage paid.
 1362         (4)(d) For a project receiving economic development
 1363  incentives approved by the department and receiving federal or
 1364  local incentives, the report must include a description of the
 1365  federal or local incentives, if available.
 1366         (5)(e) The report must state the number of withdrawn or
 1367  terminated projects that did not fulfill the terms of their
 1368  agreements with the department and, consequently, are not
 1369  receiving incentives.
 1370         (6) For any agreements signed after July 1, 2010, findings
 1371  and recommendations on the efforts of the department to
 1372  ascertain the causes of any business’s inability to complete its
 1373  agreement made under s. 288.106.
 1374         (7)(f) The amount report must include an analysis of the
 1375  economic benefits, as defined in s. 288.005, of tax refunds, tax
 1376  credits, or other payments made to projects locating or
 1377  expanding in state enterprise zones, rural communities,
 1378  brownfield areas, or distressed urban communities. The report
 1379  must include a separate analysis of the impact of such tax
 1380  refunds on state enterprise zones designated under s. 290.0065,
 1381  rural communities, brownfield areas, and distressed urban
 1382  communities.
 1383         (8) The name of and tax refund amount for each business
 1384  that has received a tax refund under s. 288.1045 or s. 288.106
 1385  during the preceding fiscal year.
 1386         (9)(g)An identification of The report must identify the
 1387  target industry businesses and high-impact businesses.
 1388         (10)(h)A description of The report must describe the
 1389  trends relating to business interest in, and usage of, the
 1390  various incentives, and the number of minority-owned or woman
 1391  owned businesses receiving incentives.
 1392         (l1)(i)An identification of The report must identify
 1393  incentive programs not used and recommendations for program
 1394  changes or program elimination utilized.
 1395         (12)Information related to the validation of contractor
 1396  performance required under s. 288.061.
 1397         (13) Beginning in 2014, a summation of the activities
 1398  related to the Florida Space Business Incentives Act.
 1399         (2) The Division of Strategic Business Development within
 1400  the department shall assist Enterprise Florida, Inc., in the
 1401  preparation of the annual incentives report.
 1402         Section 27. Subsection (3) of section 288.92, Florida
 1403  Statutes, is amended to read:
 1404         288.92 Divisions of Enterprise Florida, Inc.—
 1405         (3) By October 15 each year, Each division shall draft and
 1406  submit an annual report for inclusion in the report required
 1407  under 288.906 which details the division’s activities during the
 1408  previous prior fiscal year and includes any recommendations for
 1409  improving current statutes related to the division’s related
 1410  area of responsibility.
 1411         Section 28. Subsection (5) of section 288.95155, Florida
 1412  Statutes, is amended to read:
 1413         288.95155 Florida Small Business Technology Growth
 1414  Program.—
 1415         (5) Enterprise Florida, Inc., shall prepare for inclusion
 1416  in the annual report of the department required under s. 288.907
 1417  by s. 288.095 a report on the financial status of the program.
 1418  The report must specify the assets and liabilities of the
 1419  program within the current fiscal year and must include a
 1420  portfolio update that lists all of the businesses assisted, the
 1421  private dollars leveraged by each business assisted, and the
 1422  growth in sales and in employment of each business assisted.
 1423         Section 29. Subsection (11) of section 290.0056, Florida
 1424  Statutes, is amended to read:
 1425         290.0056 Enterprise zone development agency.—
 1426         (11) Before October 1 December 1 of each year, the agency
 1427  shall submit to the department for inclusion in the annual
 1428  report required under s. 20.60 a complete and detailed written
 1429  report setting forth:
 1430         (a) Its operations and accomplishments during the fiscal
 1431  year.
 1432         (b) The accomplishments and progress concerning the
 1433  implementation of the strategic plan or measurable goals, and
 1434  any updates to the strategic plan or measurable goals.
 1435         (c) The number and type of businesses assisted by the
 1436  agency during the fiscal year.
 1437         (d) The number of jobs created within the enterprise zone
 1438  during the fiscal year.
 1439         (e) The usage and revenue impact of state and local
 1440  incentives granted during the calendar year.
 1441         (f) Any other information required by the department.
 1442         Section 30. Section 290.014, Florida Statutes, is amended
 1443  to read:
 1444         290.014 Annual reports on enterprise zones.—
 1445         (1) By October 1 February 1 of each year, the Department of
 1446  Revenue shall submit an annual report to the department
 1447  detailing the usage and revenue impact by county of the state
 1448  incentives listed in s. 290.007.
 1449         (2) By March 1 of each year, the department shall submit an
 1450  annual report to the Governor, the Speaker of the House of
 1451  Representatives, and the President of the Senate. The annual
 1452  report required under s. 20.60 shall include the information
 1453  provided by the Department of Revenue pursuant to subsection (1)
 1454  and the information provided by enterprise zone development
 1455  agencies pursuant to s. 290.0056. In addition, the report shall
 1456  include an analysis of the activities and accomplishments of
 1457  each enterprise zone.
 1458         Section 31. Section 290.0411, Florida Statutes, is amended
 1459  to read:
 1460         290.0411 Legislative intent and purpose of ss. 290.0401
 1461  290.048.—It is the intent of the Legislature to provide the
 1462  necessary means to develop, preserve, redevelop, and revitalize
 1463  Florida communities exhibiting signs of decline, or distress, or
 1464  economic need by enabling local governments to undertake the
 1465  necessary community and economic development programs. The
 1466  overall objective is to create viable communities by eliminating
 1467  slum and blight, fortifying communities in urgent need,
 1468  providing decent housing and suitable living environments, and
 1469  expanding economic opportunities, principally for persons of low
 1470  or moderate income. The purpose of ss. 290.0401-290.048 is to
 1471  assist local governments in carrying out effective community and
 1472  economic development and project planning and design activities
 1473  to arrest and reverse community decline and restore community
 1474  vitality. Community development and project planning activities
 1475  to maintain viable communities, revitalize existing communities,
 1476  expand economic development and employment opportunities, and
 1477  improve housing conditions and expand housing opportunities,
 1478  providing direct benefit to persons of low or moderate income,
 1479  are the primary purposes of ss. 290.0401-290.048. The
 1480  Legislature, therefore, declares that the development,
 1481  redevelopment, preservation, and revitalization of communities
 1482  in this state and all the purposes of ss. 290.0401-290.048 are
 1483  public purposes for which public money may be borrowed,
 1484  expended, loaned, pledged to guarantee loans, and granted.
 1485         Section 32. Subsections (1) and (6) of section 290.042,
 1486  Florida Statutes, are amended to read:
 1487         290.042 Definitions relating to Florida Small Cities
 1488  Community Development Block Grant Program Act.—As used in ss.
 1489  290.0401-290.048, the term:
 1490         (1) “Administrative closeout” means the notification of a
 1491  grantee by the department that all applicable administrative
 1492  actions and all required work of an existing the grant have been
 1493  completed with the exception of the final audit.
 1494         (6) “Person of low or moderate income” means any person who
 1495  meets the definition established by the department in accordance
 1496  with the guidelines established in Title I of the Housing and
 1497  Community Development Act of 1974, as amended, and the
 1498  definition of the term “low- and moderate-income person” as
 1499  provided in 24 C.F.R. s. 570.3.
 1500         Section 33. Subsections (2), (3), and (4) of section
 1501  290.044, Florida Statutes, are amended to read:
 1502         290.044 Florida Small Cities Community Development Block
 1503  Grant Program Fund; administration; distribution.—
 1504         (2) The department shall adopt rules establishing
 1505  guidelines for the distribution of distribute such funds as loan
 1506  guarantees and grants to eligible local governments through on
 1507  the basis of a competitive selection process.
 1508         (3) The department shall define the broad community
 1509  development objectives consistent with national objectives
 1510  established by 42 U.S.C. s. 5304 and 24 C.F.R. s. 570.483
 1511  objective to be achieved through the distribution of block grant
 1512  funds under this section. by the activities in each of the
 1513  following grant program categories, and require applicants for
 1514  grants to compete against each other in these grant program
 1515  categories:
 1516         (a) Housing.
 1517         (b) Economic development.
 1518         (c) Neighborhood revitalization.
 1519         (d) Commercial revitalization.
 1520         (e) Project planning and design.
 1521         (4) The department may set aside an amount of up to 5
 1522  percent of the funds annually for use in any eligible local
 1523  government jurisdiction for which an emergency or natural
 1524  disaster has been declared by executive order. Such funds may
 1525  only be provided to a local government to fund eligible
 1526  emergency-related activities but must not be provided unless for
 1527  which no other source of federal, state, or local disaster funds
 1528  is available. The department may provide for such set-aside by
 1529  rule. In the last quarter of the state fiscal year, any funds
 1530  not allocated under the emergency-related set-aside must shall
 1531  be distributed to unfunded applications from the most recent
 1532  funding cycle.
 1533         Section 34. Section 290.0455, Florida Statutes, is amended
 1534  to read:
 1535         290.0455 Small Cities Community Development Block Grant
 1536  Loan Guarantee Program; Section 108 loan guarantees.—
 1537         (1) The Small Cities Community Development Block Grant Loan
 1538  Guarantee Program is created. The department shall administer
 1539  the loan guarantee program pursuant to Section 108 s. 108 of
 1540  Title I of the Housing and Community Development Act of 1974, as
 1541  amended, and as further amended by s. 910 of the Cranston
 1542  Gonzalez National Affordable Housing Act. The purpose of the
 1543  Small Cities Community Development Block Grant Loan Guarantee
 1544  Program is to guarantee, or to make commitments to guarantee,
 1545  notes or other obligations issued by public entities for the
 1546  purposes of financing activities enumerated in 24 C.F.R. s.
 1547  570.703.
 1548         (2) Activities assisted under the loan guarantee program
 1549  must meet the requirements contained in 24 C.F.R. ss. 570.700
 1550  570.710 and may not otherwise be financed in whole or in part
 1551  from the Florida Small Cities Community Development Block Grant
 1552  Program.
 1553         (3) The department may pledge existing revenues on deposit
 1554  or future revenues projected to be available for deposit in the
 1555  Florida Small Cities Community Development Block Grant Program
 1556  in order to guarantee, in whole or in part, the payment of
 1557  principal and interest on a Section 108 loan made under the loan
 1558  guarantee program.
 1559         (4) An applicant approved by the United States Department
 1560  of Housing and Urban Development to receive a Section 108 loan
 1561  shall enter into an agreement with the Department of Economic
 1562  Opportunity which requires the applicant to pledge half of the
 1563  amount necessary to guarantee the loan in the event of default.
 1564         (5) The department shall review all Section 108 loan
 1565  applications that it receives from local governments. The
 1566  department shall review the applications must submit all
 1567  applications it receives to the United States Department of
 1568  Housing and Urban Development for loan approval, in the order
 1569  received, subject to a determination by the department
 1570  determining that each the application meets all eligibility
 1571  requirements contained in 24 C.F.R. ss. 570.700-570.710, and has
 1572  been deemed financially feasible by a loan underwriter approved
 1573  by the department. If the statewide maximum available for loan
 1574  guarantee commitments established in subsection (6) has not been
 1575  committed, the department may submit the Section 108 loan
 1576  application to the United States Department of Housing and Urban
 1577  Development with a recommendation that the loan be approved,
 1578  with or without conditions, or be denied provided that the
 1579  applicant has submitted the proposed activity to a loan
 1580  underwriter to document its financial feasibility.
 1581         (6)(5) The maximum amount of an individual loan guarantee
 1582  commitment that an commitments that any eligible local
 1583  government may receive is may be limited to $5 $7 million
 1584  pursuant to 24 C.F.R. s. 570.705, and the maximum amount of loan
 1585  guarantee commitments statewide may not exceed an amount equal
 1586  to two five times the amount of the most recent grant received
 1587  by the department under the Florida Small Cities Community
 1588  Development Block Grant Program. The $5 million loan guarantee
 1589  limit does not apply to loans guaranteed prior to July 1, 2013,
 1590  that may be refinanced.
 1591         (7)(6)Section 108 loans guaranteed by the Small Cities
 1592  Community Development Block Grant Program loan guarantee program
 1593  must be repaid within 20 years.
 1594         (8)(7)Section 108 loan applicants must demonstrate
 1595  guarantees may be used for an activity only if the local
 1596  government provides evidence to the department that the
 1597  applicant investigated alternative financing services were
 1598  investigated and the services were unavailable or insufficient
 1599  to meet the financing needs of the proposed activity.
 1600         (9) If a local government defaults on a Section 108 loan
 1601  received from the United States Department of Housing and Urban
 1602  Development and guaranteed through the Florida Small Cities
 1603  Community Development Block Grant Program, thereby requiring the
 1604  department to reduce its annual grant award in order to pay the
 1605  annual debt service on the loan, any future community
 1606  development block grants that the local government receives must
 1607  be reduced in an amount equal to the amount of the state’s grant
 1608  award used in payment of debt service on the loan.
 1609         (10) If a local government receives a Section 108 loan
 1610  guaranteed through the Florida Small Cities Community
 1611  Development Block Grant Program and is granted entitlement
 1612  community status as defined in subpart D of 24 C.F.R. part 570
 1613  by the United States Department of Housing and Urban Development
 1614  before paying the loan in full, the local government must pledge
 1615  its community development block grant entitlement allocation as
 1616  a guarantee of its previous loan and request that the United
 1617  States Department of Housing and Urban Development release the
 1618  department as guarantor of the loan.
 1619         (8) The department must, before approving an application
 1620  for a loan, evaluate the applicant’s prior administration of
 1621  block grant funds for community development. The evaluation of
 1622  past performance must take into account the procedural aspects
 1623  of previous grants or loans as well as substantive results. If
 1624  the department finds that any applicant has failed to
 1625  substantially accomplish the results proposed in the applicant’s
 1626  last previously funded application, the department may prohibit
 1627  the applicant from receiving a loan or may penalize the
 1628  applicant in the rating of the current application.
 1629         Section 35. Section 290.046, Florida Statutes, is amended
 1630  to read:
 1631         (Substantial rewording of section. See
 1632         s. 290.046, F.S., for present text.)
 1633         290.046 Applications for grants; procedures; requirements.—
 1634         (1) The department shall adopt rules establishing
 1635  application procedures.
 1636         (2)(a) Except for economic development projects, each local
 1637  government that is eligible by rule to apply for a grant during
 1638  an application cycle may submit one application for a
 1639  noneconomic development project during the application cycle. A
 1640  local government that is eligible by rule to apply for an
 1641  economic development grant may apply up to three times each
 1642  funding cycle for an economic development grant and may have
 1643  more than one open economic development grant.
 1644         (b) The department shall establish minimum criteria
 1645  pertaining to the number of jobs created for persons of low or
 1646  moderate income, the degree of private sector financial
 1647  commitment, the economic feasibility of the proposed project,
 1648  and any other criteria the department deems appropriate.
 1649         (c) The department may not award a grant until the
 1650  department has completed a site visit to verify the information
 1651  contained in the application.
 1652         (3)(a) The department shall adopt rules establishing
 1653  criteria for evaluating applications received during each
 1654  application cycle and the department must rank each application
 1655  in accordance with those rules. Such rules must allow the
 1656  department to consider relevant factors, including, but not
 1657  limited to, community need, unemployment, poverty levels, low
 1658  and moderate income populations, health and safety, and the
 1659  condition of physical structures. The department shall
 1660  incorporate into its ranking system a procedure intended to
 1661  eliminate or reduce any existing population-related bias that
 1662  places exceptionally small communities at a disadvantage in the
 1663  competition for funds.
 1664         (b) Project funding must be determined by the rankings
 1665  established in each application cycle. If economic development
 1666  funding remains available after the application cycle closes,
 1667  funding will be awarded to eligible projects on a first-come,
 1668  first-served basis until funding for this category is fully
 1669  obligated.
 1670         (4) In order to provide the public with information
 1671  concerning an applicant’s proposed program before an application
 1672  is submitted to the department, the applicant shall, for each
 1673  funding cycle:
 1674         (a) Conduct an initial public hearing to inform the public
 1675  of funding opportunities available to meet community needs and
 1676  eligible activities and to solicit public input on community
 1677  needs.
 1678         (b) Publish a summary of the proposed application which
 1679  affords the public an opportunity to examine the contents of the
 1680  application and submit comments.
 1681         (c) Conduct a second public hearing to obtain public
 1682  comments on the proposed application and make appropriate
 1683  modifications to the application.
 1684         Section 36. Section 290.047, Florida Statutes, is amended
 1685  to read:
 1686         (Substantial rewording of section. See
 1687         s. 290.047, F.S., for present text.)
 1688         290.047 Establishment of grant ceilings and maximum
 1689  administrative cost percentages.—
 1690         (1) The department shall adopt rules to establish:
 1691         (a) Grant ceilings.
 1692         (b) The maximum percentage of block grant funds that may be
 1693  spent on administrative costs by an eligible local government.
 1694         (c) Grant administration procurement procedures for
 1695  eligible local governments.
 1696         (2) An eligible local government may not contract with the
 1697  same individual or business entity for more than one service to
 1698  be performed in connection with a community development block
 1699  grant, including, but not limited to, application preparation
 1700  services, administrative services, architectural and engineering
 1701  services, and construction services, unless it can be
 1702  demonstrated by the eligible local government that the
 1703  individual or business entity is the sole source of the service
 1704  or is the responsive proposer whose proposal is determined in
 1705  writing from a competitive process to be the most advantageous
 1706  to the local government.
 1707         (3) The maximum amount of block grant funds that may be
 1708  spent on architectural and engineering costs by an eligible
 1709  local government must be determined by a methodology adopted by
 1710  the department by rule.
 1711         Section 37. Section 290.0475, Florida Statutes, is amended
 1712  to read:
 1713         290.0475 Rejection of grant applications; penalties for
 1714  failure to meet application conditions.—Applications received
 1715  for funding are ineligible if under all program categories shall
 1716  be rejected without scoring only in the event that any of the
 1717  following circumstances arise:
 1718         (1) The application is not received by the department by
 1719  the application deadline.
 1720         (2) The proposed project does not meet one of the three
 1721  national objectives as described contained in s. 290.044(3)
 1722  federal and state legislation.
 1723         (3) The proposed project is not an eligible activity as
 1724  contained in the federal legislation.
 1725         (4) The application is not consistent with the local
 1726  government’s comprehensive plan adopted pursuant to s. 163.3184.
 1727         (5) The applicant has an open community development block
 1728  grant, except as provided in s. 290.046(2)(a) and department
 1729  rule s. 290.046(2)(c).
 1730         (6) The local government is not in compliance with the
 1731  citizen participation requirements prescribed in ss. 104(a)(1)
 1732  and (2) and 106(d)(5)(c) of Title I of the Housing and Community
 1733  Development Act of 1984, s. 290.046(4), and department rule
 1734  rules.
 1735         (7) Any information provided in the application that
 1736  affects eligibility or scoring is found to have been
 1737  misrepresented, and the information is not a mathematical error
 1738  which may be discovered and corrected by readily computing
 1739  available numbers or formulas provided in the application.
 1740         Section 38. Subsections (5), (6), and (7) of section
 1741  290.048, Florida Statutes, are amended to read:
 1742         290.048 General powers of department under ss. 290.0401
 1743  290.048.—The department has all the powers necessary or
 1744  appropriate to carry out the purposes and provisions of the
 1745  program, including the power to:
 1746         (5) Adopt and enforce strict requirements concerning an
 1747  applicant’s written description of a service area. Each such
 1748  description shall contain maps which illustrate the location of
 1749  the proposed service area. All such maps must be clearly legible
 1750  and must:
 1751         (a) Contain a scale which is clearly marked on the map.
 1752         (b) Show the boundaries of the locality.
 1753         (c) Show the boundaries of the service area where the
 1754  activities will be concentrated.
 1755         (d) Display the location of all proposed area activities.
 1756         (e) Include the names of streets, route numbers, or easily
 1757  identifiable landmarks where all service activities are located.
 1758         (5)(6) Pledge community development block grant revenues
 1759  from the Federal Government in order to guarantee notes or other
 1760  obligations of a public entity which are approved pursuant to s.
 1761  290.0455.
 1762         (7) Establish an advisory committee of no more than 13
 1763  members to solicit participation in designing, administering,
 1764  and evaluating the program and in linking the program with other
 1765  housing and community development resources.
 1766         Section 39. Subsection (11) of section 331.3051, Florida
 1767  Statutes, is amended to read:
 1768         331.3051 Duties of Space Florida.—Space Florida shall:
 1769         (11) Annually report on its performance with respect to its
 1770  business plan, to include finance, spaceport operations,
 1771  research and development, workforce development, and education.
 1772  Space Florida shall submit the report shall be submitted to the
 1773  Governor, the President of the Senate, and the Speaker of the
 1774  House of Representatives by November 30 no later than September
 1775  1 for the previous prior fiscal year. The annual report must
 1776  include operations information as required under s.
 1777  331.310(2)(e).
 1778         Section 40. Paragraph (e) of subsection (2) of section
 1779  331.310, Florida Statutes, is amended to read:
 1780         331.310 Powers and duties of the board of directors.—
 1781         (2) The board of directors shall:
 1782         (e) Prepare an annual report of operations as a supplement
 1783  to the annual report required under s. 331.3051(11). The report
 1784  must shall include, but not be limited to, a balance sheet, an
 1785  income statement, a statement of changes in financial position,
 1786  a reconciliation of changes in equity accounts, a summary of
 1787  significant accounting principles, the auditor’s report, a
 1788  summary of the status of existing and proposed bonding projects,
 1789  comments from management about the year’s business, and
 1790  prospects for the next year, which shall be submitted each year
 1791  by November 30 to the Governor, the President of the Senate, the
 1792  Speaker of the House of Representatives, the minority leader of
 1793  the Senate, and the minority leader of the House of
 1794  Representatives.
 1795         Section 41. Paragraphs (a) and (e) of subsection (30) of
 1796  section 443.036, Florida Statutes, is amended to read:
 1797         443.036 Definitions.—As used in this chapter, the term:
 1798         (30) “Misconduct,” irrespective of whether the misconduct
 1799  occurs at the workplace or during working hours, includes, but
 1800  is not limited to, the following, which may not be construed in
 1801  pari materia with each other:
 1802         (a) Conduct demonstrating conscious disregard of an
 1803  employer’s interests and found to be a deliberate violation or
 1804  disregard of the reasonable standards of behavior which the
 1805  employer expects of his or her employee. Such conduct may
 1806  include, but is not limited to, willful damage to an employer’s
 1807  property that results in damage of more than $50; or theft of
 1808  employer property or property of a customer or invitee of the
 1809  employer.
 1810         (e)1. A violation of an employer’s rule, unless the
 1811  claimant can demonstrate that:
 1812         a.1. He or she did not know, and could not reasonably know,
 1813  of the rule’s requirements;
 1814         b.2. The rule is not lawful or not reasonably related to
 1815  the job environment and performance; or
 1816         c.3. The rule is not fairly or consistently enforced.
 1817         2. Such conduct may include, but is not limited to,
 1818  committing criminal assault or battery on another employee, or
 1819  on a customer or invitee of the employer; or committing abuse or
 1820  neglect of a patient, resident, disabled person, elderly person,
 1821  or child in her or his professional care.
 1822         Section 42. Paragraphs (b), (c), and (d) of subsection (1)
 1823  of section 443.091, Florida Statutes, are amended to read:
 1824         443.091 Benefit eligibility conditions.—
 1825         (1) An unemployed individual is eligible to receive
 1826  benefits for any week only if the Department of Economic
 1827  Opportunity finds that:
 1828         (b) She or he has completed the department’s online work
 1829  registration registered with the department for work and
 1830  subsequently reports to the one-stop career center as directed
 1831  by the regional workforce board for reemployment services. This
 1832  requirement does not apply to persons who are:
 1833         1. Non-Florida residents;
 1834         2. On a temporary layoff;
 1835         3. Union members who customarily obtain employment through
 1836  a union hiring hall; or
 1837         4. Claiming benefits under an approved short-time
 1838  compensation plan as provided in s. 443.1116.
 1839         5. Unable to complete the online work registration due to
 1840  illiteracy, physical or mental impairment, a legal prohibition
 1841  from using a computer, or a language impediment. If a person is
 1842  exempted from the online work registration under this
 1843  subparagraph, then the filing of his or her claim constitutes
 1844  registration for work.
 1845         (c) To make continued claims for benefits, she or he is
 1846  reporting to the department in accordance with this paragraph
 1847  and department rules, and participating in an initial skills
 1848  review, as directed by the department. Department rules may not
 1849  conflict with s. 443.111(1)(b), which requires that each
 1850  claimant continue to report regardless of any pending appeal
 1851  relating to her or his eligibility or disqualification for
 1852  benefits.
 1853         1. For each week of unemployment claimed, each report must,
 1854  at a minimum, include the name, address, and telephone number of
 1855  each prospective employer contacted, or the date the claimant
 1856  reported to a one-stop career center, pursuant to paragraph (d).
 1857         2. The administrator or operator of the initial skills
 1858  review shall notify the department when the individual completes
 1859  the initial skills review and report the results of the review
 1860  to the regional workforce board or the one-stop career center as
 1861  directed by the workforce board. The department shall prescribe
 1862  a numeric score on the initial skills review that demonstrates a
 1863  minimal proficiency in workforce skills. The department,
 1864  workforce board, or one-stop career center shall use the initial
 1865  skills review to develop a plan for referring individuals to
 1866  training and employment opportunities. The failure of the
 1867  individual to comply with this requirement will result in the
 1868  individual being determined ineligible for benefits for the week
 1869  in which the noncompliance occurred and for any subsequent week
 1870  of unemployment until the requirement is satisfied. However,
 1871  this requirement does not apply if the individual is able to
 1872  affirmatively attest to being unable to complete such review due
 1873  to illiteracy or a language impediment or is exempt from the
 1874  work registration requirement as set forth in paragraph (b).
 1875         3. Any individual who falls below the minimal proficiency
 1876  score prescribed by the department in subparagraph 2. on the
 1877  initial skills review shall be offered training opportunities
 1878  and encouraged to participate in such training at no cost to the
 1879  individual in order to improve his or her workforce skills to
 1880  the minimal proficiency level.
 1881         4. The department shall coordinate with Workforce Florida,
 1882  Inc., the workforce boards, and the one-stop career centers to
 1883  identify, develop, and utilize best practices for improving the
 1884  skills of individuals who choose to participate in training
 1885  opportunities and who have a minimal proficiency score below the
 1886  score prescribed in subparagraph 2.
 1887         5. The department, in coordination with Workforce Florida,
 1888  Inc., the workforce boards, and the one-stop career centers,
 1889  shall evaluate the use, effectiveness, and costs associated with
 1890  the training prescribed in subparagraph 3. and report its
 1891  findings and recommendations for training and the use of best
 1892  practices to the Governor, the President of the Senate, and the
 1893  Speaker of the House of Representatives by January 1, 2013.
 1894         (d) She or he is able to work and is available for work. In
 1895  order to assess eligibility for a claimed week of unemployment,
 1896  the department shall develop criteria to determine a claimant’s
 1897  ability to work and availability for work. A claimant must be
 1898  actively seeking work in order to be considered available for
 1899  work. This means engaging in systematic and sustained efforts to
 1900  find work, including contacting at least five prospective
 1901  employers for each week of unemployment claimed. The department
 1902  may require the claimant to provide proof of such efforts to the
 1903  one-stop career center as part of reemployment services. A
 1904  claimant’s proof of efforts may not include the same prospective
 1905  employer at the same location for the duration of benefits,
 1906  unless the employer has indicated since the time of the initial
 1907  contact that the employer is hiring. The department shall
 1908  conduct random reviews of work search information provided by
 1909  claimants. As an alternative to contacting at least five
 1910  prospective employers for any week of unemployment claimed, a
 1911  claimant may, for that same week, report in person to a one-stop
 1912  career center to meet with a representative of the center and
 1913  access reemployment services of the center. The center shall
 1914  keep a record of the services or information provided to the
 1915  claimant and shall provide the records to the department upon
 1916  request by the department. However:
 1917         1. Notwithstanding any other provision of this paragraph or
 1918  paragraphs (b) and (e), an otherwise eligible individual may not
 1919  be denied benefits for any week because she or he is in training
 1920  with the approval of the department, or by reason of s.
 1921  443.101(2) relating to failure to apply for, or refusal to
 1922  accept, suitable work. Training may be approved by the
 1923  department in accordance with criteria prescribed by rule. A
 1924  claimant’s eligibility during approved training is contingent
 1925  upon satisfying eligibility conditions prescribed by rule.
 1926         2. Notwithstanding any other provision of this chapter, an
 1927  otherwise eligible individual who is in training approved under
 1928  s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
 1929  determined ineligible or disqualified for benefits due to
 1930  enrollment in such training or because of leaving work that is
 1931  not suitable employment to enter such training. As used in this
 1932  subparagraph, the term “suitable employment” means work of a
 1933  substantially equal or higher skill level than the worker’s past
 1934  adversely affected employment, as defined for purposes of the
 1935  Trade Act of 1974, as amended, the wages for which are at least
 1936  80 percent of the worker’s average weekly wage as determined for
 1937  purposes of the Trade Act of 1974, as amended.
 1938         3. Notwithstanding any other provision of this section, an
 1939  otherwise eligible individual may not be denied benefits for any
 1940  week because she or he is before any state or federal court
 1941  pursuant to a lawfully issued summons to appear for jury duty.
 1942         4. Union members who customarily obtain employment through
 1943  a union hiring hall may satisfy the work search requirements of
 1944  this paragraph by reporting daily to their union hall.
 1945         5. The work search requirements of this paragraph do not
 1946  apply to persons who are unemployed as a result of a temporary
 1947  layoff or who are claiming benefits under an approved short-time
 1948  compensation plan as provided in s. 443.1116.
 1949         6. In small counties as defined in s. 120.52(19), a
 1950  claimant engaging in systematic and sustained efforts to find
 1951  work must contact at least three prospective employers for each
 1952  week of unemployment claimed.
 1953         7. The work search requirements of this paragraph do not
 1954  apply to persons required to participate in reemployment
 1955  services under paragraph (e).
 1956         Section 43. Subsection (13) is added to section 443.101,
 1957  Florida Statutes, to read:
 1958         443.101 Disqualification for benefits.—An individual shall
 1959  be disqualified for benefits:
 1960         (13) For any week with respect to which the department
 1961  finds that his or her unemployment is due to a discharge from
 1962  employment for failure without good cause to maintain a license,
 1963  registration, or certification required by applicable law
 1964  necessary for the employee to perform her or his assigned job
 1965  duties. For purposes of this paragraph, the term “good cause”
 1966  includes, but is not limited to, failure of the employer to
 1967  submit information required for a license, registration, or
 1968  certification; short-term physical injury which prevents the
 1969  employee from completing or taking a required test; and
 1970  inability to take or complete a required test that is outside
 1971  the employee’s control.
 1972         Section 44. Paragraph (b) of subsection (4) of section
 1973  443.1113, Florida Statutes, is amended to read:
 1974         443.1113 Reemployment Assistance Claims and Benefits
 1975  Information System.—
 1976         (4) The project to implement the Reemployment Assistance
 1977  Claims and Benefits Information System is shall be comprised of
 1978  the following phases and corresponding implementation
 1979  timeframes:
 1980         (b) The Reemployment Assistance Claims and Benefits
 1981  Internet portal that replaces the Florida Unemployment Internet
 1982  Direct and the Florida Continued Claims Internet Directory
 1983  systems, the Call Center Interactive Voice Response System, the
 1984  Benefit Overpayment Screening System, the Internet and Intranet
 1985  Appeals System, and the Claims and Benefits Mainframe System
 1986  shall be deployed to full operational status no later than the
 1987  end of fiscal year 2013-2014 2012-2013.
 1988         Section 45. Subsection (5) of section 443.131, Florida
 1989  Statutes, is amended to read:
 1990         443.131 Contributions.—
 1992         (a) When the Unemployment Compensation Trust Fund has
 1993  received advances from the Federal Government under the
 1994  provisions of 42 U.S.C. s. 1321, each contributing employer
 1995  shall be assessed an additional rate solely for the purpose of
 1996  paying interest due on such federal advances. The additional
 1997  rate shall be assessed no later than February 1 in each calendar
 1998  year in which an interest payment is due.
 1999         (b) The Revenue Estimating Conference shall estimate the
 2000  amount of such interest due on federal advances by no later than
 2001  December 1 of the calendar year before preceding the calendar
 2002  year in which an interest payment is due. The Revenue Estimating
 2003  Conference shall, at a minimum, consider the following as the
 2004  basis for the estimate:
 2005         1. The amounts actually advanced to the trust fund.
 2006         2. Amounts expected to be advanced to the trust fund based
 2007  on current and projected unemployment patterns and employer
 2008  contributions.
 2009         3. The interest payment due date.
 2010         4. The interest rate that will be applied by the Federal
 2011  Government to any accrued outstanding balances.
 2012         (c)(b)The tax collection service provider shall calculate
 2013  the additional rate to be assessed against contributing
 2014  employers. The additional rate assessed for a calendar year is
 2015  shall be determined by dividing the estimated amount of interest
 2016  to be paid in that year by 95 percent of the taxable wages as
 2017  described in s. 443.1217 paid by all employers for the year
 2018  ending June 30 of the previous immediately preceding calendar
 2019  year. The amount to be paid by each employer is shall be the
 2020  product obtained by multiplying such employer’s taxable wages as
 2021  described in s. 443.1217 for the year ending June 30 of the
 2022  previous immediately preceding calendar year by the rate as
 2023  determined by this subsection. An assessment may not be made if
 2024  the amount of assessments on deposit from previous years, plus
 2025  any earned interest, is at least 80 percent of the estimated
 2026  amount of interest.
 2027         (d) The tax collection service provider shall make a
 2028  separate collection of such assessment, which may be collected
 2029  at the time of employer contributions and subject to the same
 2030  penalties for failure to file a report, imposition of the
 2031  standard rate pursuant to paragraph (3)(h), and interest if the
 2032  assessment is not received on or before June 30. Section
 2033  443.141(1)(d) and (e) does not apply to this separately
 2034  collected assessment. The tax collection service provider shall
 2035  maintain those funds in the tax collection service provider’s
 2036  Audit and Warrant Clearing Trust Fund until the provider is
 2037  directed by the Governor or the Governor’s designee to make the
 2038  interest payment to the Federal Government. Assessments on
 2039  deposit must be available to pay the interest on advances
 2040  received from the Federal Government under 42 U.S.C. s. 1321.
 2041  Assessments on deposit may be invested and any interest earned
 2042  shall be part of the balance available to pay the interest on
 2043  advances received from the Federal Government under 42 U.S.C. s.
 2044  1321.
 2045         (e) Four months after In the calendar year that all
 2046  advances from the Federal Government under 42 U.S.C. s. 1321 and
 2047  associated interest are repaid, if there are assessment funds in
 2048  excess of the amount required to meet the final interest
 2049  payment, any such excess assessed funds in the Audit and Warrant
 2050  Clearing Trust Fund, including associated interest, shall be
 2051  transferred to credited to employer accounts in the Unemployment
 2052  Compensation Trust Fund. Any assessment amounts subsequently
 2053  collected shall also be transferred to the Unemployment
 2054  Compensation Trust Fund in an amount equal to the employer’s
 2055  contribution to the assessment for that year divided by the
 2056  total amount of the assessment for that year, the result of
 2057  which is multiplied by the amount of excess assessed funds.
 2058         (f) If However, if the state is permitted to defer interest
 2059  payments due during a calendar year under 42 U.S.C. s. 1322,
 2060  payment of the interest assessment is shall not be due. If a
 2061  deferral of interest expires or is subsequently disallowed by
 2062  the Federal Government, either prospectively or retroactively,
 2063  the interest assessment shall be immediately due and payable.
 2064  Notwithstanding any other provision of this section, if interest
 2065  due during a calendar year on federal advances is forgiven or
 2066  postponed under federal law and is no longer due during that
 2067  calendar year, no interest assessment shall be assessed against
 2068  an employer for that calendar year, and any assessment already
 2069  assessed and collected against an employer before the
 2070  forgiveness or postponement of the interest for that calendar
 2071  year shall be credited to such employer’s account in the
 2072  Unemployment Compensation Trust Fund. However, such funds may be
 2073  used only to pay benefits or refunds of erroneous contributions.
 2074         (g) This subsection expires July 1, 2014.
 2075         Section 46. Paragraph (b) of subsection (2) and paragraph
 2076  (a) of subsection (6) of section 443.151, Florida Statutes, are
 2077  amended to read:
 2078         443.151 Procedure concerning claims.—
 2081         (b) Process.—When the Reemployment Assistance Claims and
 2082  Benefits Information System described in s. 443.1113 is fully
 2083  operational, the process for filing claims must incorporate the
 2084  process for registering for work with the workforce information
 2085  systems established pursuant to s. 445.011. Unless exempted
 2086  under s. 443.091(1)(b)5., a claim for benefits may not be
 2087  processed until the work registration requirement is satisfied.
 2088  The department may adopt rules as necessary to administer the
 2089  work registration requirement set forth in this paragraph.
 2090         (6) RECOVERY AND RECOUPMENT.—
 2091         (a) Any person who, by reason of her or his fraud, receives
 2092  benefits under this chapter to which she or he is not entitled
 2093  is liable for repaying those benefits to the Department of
 2094  Economic Opportunity on behalf of the trust fund or, in the
 2095  discretion of the department, to have those benefits deducted
 2096  from future benefits payable to her or him under this chapter.
 2097  In addition, the department shall impose upon the claimant a
 2098  penalty equal to 15 percent of the amount overpaid. To enforce
 2099  this paragraph, the department must find the existence of fraud
 2100  through a redetermination or decision under this section within
 2101  2 years after the fraud was committed. Any recovery or
 2102  recoupment of benefits must be commenced within 7 years after
 2103  the redetermination or decision.
 2104         Section 47. Effective January 1, 2014, paragraph (a) of
 2105  subsection (4) of section 443.151, Florida Statutes, is amended
 2106  to read:
 2107         (4) APPEALS.—
 2108         (a) Appeals referees.—The Department of Economic
 2109  Opportunity shall appoint one or more impartial salaried appeals
 2110  referees in accordance with s. 443.171(3) to hear and decide
 2111  appealed claims. An appeals referee must be an attorney in good
 2112  standing with the Florida Bar, or must be successfully admitted
 2113  to the Florida Bar within 8 months of his or her date of
 2114  employment. A person may not participate on behalf of the
 2115  department as an appeals referee in any case in which she or he
 2116  is an interested party. The department may designate alternates
 2117  to serve in the absence or disqualification of any appeals
 2118  referee on a temporary basis. These alternates must have the
 2119  same qualifications required of appeals referees. The department
 2120  shall provide the commission and the appeals referees with
 2121  proper facilities and assistance for the execution of their
 2122  functions.
 2123         Section 48. A person who is an employee of the Department
 2124  of Economic Opportunity as of the effective date of this act who
 2125  acts as an appeals referee and who has received the degree of
 2126  Bachelor of Laws or Juris Doctor from a law school accredited by
 2127  the American Bar Association, but is not licensed with the
 2128  Florida Bar, must become successfully admitted to the Florida
 2129  Bar by September 30, 2014.
 2130         Section 49. Subsection (1) of section 443.1715, Florida
 2131  Statutes, is amended to read:
 2132         443.1715 Disclosure of information; confidentiality.—
 2133         (1) RECORDS AND REPORTS.—Information revealing an employing
 2134  unit’s or individual’s identity obtained from the employing unit
 2135  or any individual under the administration of this chapter, and
 2136  any determination revealing that information, is confidential
 2137  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2138  Constitution. This confidential information may be released in
 2139  accordance with the provisions in 20 C.F.R. part 603. A person
 2140  receiving confidential information who violates this subsection
 2141  commits a misdemeanor of the second degree, punishable as
 2142  provided in s. 775.082 or s. 775.083. The Department of Economic
 2143  Opportunity or its tax collection service provider may, however,
 2144  furnish to any employer copies of any report submitted by that
 2145  employer upon the request of the employer and may furnish to any
 2146  claimant copies of any report submitted by that claimant upon
 2147  the request of the claimant. The department or its tax
 2148  collection service provider may charge a reasonable fee for
 2149  copies of these reports as prescribed by rule, which may not
 2150  exceed the actual reasonable cost of the preparation of the
 2151  copies. Fees received for copies under this subsection must be
 2152  deposited in the Employment Security Administration Trust Fund.
 2153         Section 50. Subsection (1) of section 443.191, Florida
 2154  Statutes, is amended to read:
 2155         443.191 Unemployment Compensation Trust Fund; establishment
 2156  and control.—
 2157         (1) There is established, as a separate trust fund apart
 2158  from all other public funds of this state, an Unemployment
 2159  Compensation Trust Fund, which shall be administered by the
 2160  Department of Economic Opportunity exclusively for the purposes
 2161  of this chapter. The fund must shall consist of:
 2162         (a) All contributions and reimbursements collected under
 2163  this chapter;
 2164         (b) Interest earned on any moneys in the fund;
 2165         (c) Any property or securities acquired through the use of
 2166  moneys belonging to the fund;
 2167         (d) All earnings of these properties or securities;
 2168         (e) All money credited to this state’s account in the
 2169  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
 2170  1103; and
 2171         (f) All money collected for penalties imposed pursuant to
 2172  s. 443.151(6)(a); and
 2173         (g) Advances on the amount in the federal Unemployment
 2174  Compensation Trust Fund credited to the state under 42 U.S.C. s.
 2175  1321, as requested by the Governor or the Governor’s designee.
 2177  Except as otherwise provided in s. 443.1313(4), all moneys in
 2178  the fund must shall be mingled and undivided.
 2179         Section 51. Paragraph (b) of subsection (3) and subsection
 2180  (4) of section 446.50, Florida Statutes, are amended to read:
 2181         446.50 Displaced homemakers; multiservice programs; report
 2182  to the Legislature; Displaced Homemaker Trust Fund created.—
 2185         (b)1. The department shall enter into contracts with, and
 2186  make grants to, public and nonprofit private entities for
 2187  purposes of establishing multipurpose service programs for
 2188  displaced homemakers under this section. Such grants and
 2189  contracts must shall be awarded pursuant to chapter 287 and
 2190  based on criteria established in the program state plan as
 2191  provided in subsection (4) developed pursuant to this section.
 2192  The department shall designate catchment areas that together,
 2193  must shall compose the entire state, and, to the extent possible
 2194  from revenues in the Displaced Homemaker Trust Fund, the
 2195  department shall contract with, and make grants to, entities
 2196  that will serve entire catchment areas so that displaced
 2197  homemaker service programs are available statewide. These
 2198  catchment areas must shall be coterminous with the state’s
 2199  workforce development regions. The department may give priority
 2200  to existing displaced homemaker programs when evaluating bid
 2201  responses to the request for proposals.
 2202         2. In order to receive funds under this section, and unless
 2203  specifically prohibited by law from doing so, an entity that
 2204  provides displaced homemaker service programs must receive at
 2205  least 25 percent of its funding from one or more local,
 2206  municipal, or county sources or nonprofit private sources. In
 2207  kind contributions may be evaluated by the department and
 2208  counted as part of the required local funding.
 2209         3. The department shall require an entity that receives
 2210  funds under this section to maintain appropriate data to be
 2211  compiled in an annual report to the department. Such data must
 2212  shall include, but is shall not be limited to, the number of
 2213  clients served, the units of services provided, designated
 2214  client-specific information including intake and outcome
 2215  information specific to each client, costs associated with
 2216  specific services and program administration, total program
 2217  revenues by source and other appropriate financial data, and
 2218  client followup information at specified intervals after the
 2219  placement of a displaced homemaker in a job.
 2221         (a) The Department of Economic Opportunity shall include in
 2222  its annual report required under s. 20.60 a develop a 3-year
 2223  state plan for the displaced homemaker program which shall be
 2224  updated annually. The plan must address, at a minimum, the need
 2225  for programs specifically designed to serve displaced
 2226  homemakers, any necessary service components for such programs
 2227  in addition to those described enumerated in this section, goals
 2228  of the displaced homemaker program with an analysis of the
 2229  extent to which those goals are being met, and recommendations
 2230  for ways to address any unmet program goals. Any request for
 2231  funds for program expansion must be based on the state plan.
 2232         (b)The displaced homemaker program Each annual update must
 2233  address any changes in the components of the 3-year state plan
 2234  and a report that must include, but need not be limited to, the
 2235  following:
 2236         (a)1. The scope of the incidence of displaced homemakers;
 2237         (b)2. A compilation and report, by program, of data
 2238  submitted to the department pursuant to subparagraph (3)(b)3.
 2239  subparagraph 3. by funded displaced homemaker service programs;
 2240         (c)3. An identification and description of the programs in
 2241  the state which receive funding from the department, including
 2242  funding information; and
 2243         (d)4. An assessment of the effectiveness of each displaced
 2244  homemaker service program based on outcome criteria established
 2245  by rule of the department.
 2246         (c) The 3-year state plan must be submitted to the
 2247  President of the Senate, the Speaker of the House of
 2248  Representatives, and the Governor on or before January 1, 2001,
 2249  and annual updates of the plan must be submitted by January 1 of
 2250  each subsequent year.
 2251         Section 52. Except as otherwise expressly provided in this
 2252  act, this act shall take effect upon becoming a law.