Florida Senate - 2013                                    SB 1024
       By the Committee on Commerce and Tourism
       577-01691-13                                          20131024__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Economic
    3         Opportunity; amending ss. 20.60, 288.906, and 288.907,
    4         F.S.; revising requirements for various annual reports
    5         submitted to the Governor and Legislature, including
    6         the annual report of the Department of Economic
    7         Opportunity, the annual report of Enterprise Florida,
    8         Inc., and the annual incentives report; consolidating
    9         the reporting requirements for various economic
   10         development programs into these annual reports;
   11         amending ss. 220.194, 288.012, 288.061, and 288.0656,
   12         F.S.; conforming provisions to changes made by the
   13         act; amending s. 288.095, F.S.; deleting requirements
   14         for an annual report related to certain payments made
   15         from the Economic Development Incentives Account of
   16         the Economic Development Trust Fund; amending ss.
   17         288.106, 288.1081, 288.1082, 288.1088, and 288.1089,
   18         F.S.; conforming provisions to changes made by the
   19         act; amending s. 288.1226, F.S.; revising membership
   20         of the board of directors of the Florida Tourism
   21         Industry Marketing Corporation; providing that the
   22         Governor shall serve as a nonvoting member; amending
   23         ss. 288.1253, 288.1254, and 288.1258, F.S.; revising
   24         requirements for annual reports by the Office of Film
   25         and Entertainment; amending ss. 288.714 and 288.7771,
   26         F.S.; conforming provisions to changes made by the
   27         act; amending s. 288.903, F.S.; revising the duties of
   28         Enterprise Florida, Inc., with respect to preparation
   29         of the annual incentives report; amending ss. 288.92,
   30         288.95155, 290.0056, and 290.014, F.S.; conforming
   31         provisions to changes made by the act; amending ss.
   32         290.0411 and 290.042, F.S.; revising legislative
   33         intent and definitions applicable to the Florida Small
   34         Cities Community Development Block Grant Program Act;
   35         amending s. 290.044, F.S.; requiring the department to
   36         adopt rules for the distribution of block grant funds
   37         to eligible local governments; deleting authority for
   38         block grant funds to be distributed as loan guarantees
   39         to local governments; requiring that block grant funds
   40         be distributed to achieve the department’s community
   41         development objectives; requiring such objectives to
   42         be consistent with certain national objectives;
   43         amending s. 290.0455, F.S.; providing for the state’s
   44         guarantee of certain federal loans to local
   45         governments; requiring applicants for such loans to
   46         pledge a specified amount of revenues to guarantee the
   47         loans; revising requirements for the department to
   48         submit recommendations to the Federal Government for
   49         such loans; revising the maximum amount of the loan
   50         guarantee commitment that a local government may
   51         receive; providing for reduction of a local
   52         government’s future community development block grants
   53         if the local government defaults on the federal loan;
   54         providing procedures if a local government is granted
   55         entitlement community status; amending s. 290.046,
   56         F.S.; revising application requirements for community
   57         development block grants and procedures for the
   58         ranking of applications and the determination of
   59         project funding; amending s. 290.047, F.S.; revising
   60         requirements for the establishment of grant ceilings
   61         and maximum expenditures on administrative costs from
   62         community development block grants; limiting an
   63         eligible local government’s authority to contract for
   64         specified services in connection with community
   65         development block grants; amending s. 290.0475, F.S.;
   66         revising conditions under which grant applications are
   67         ineligible for funding; 290.048, F.S.; revising the
   68         department’s duties to administer the Small Cities
   69         Community Development Block Grant Loan Guarantee
   70         Program; deleting provisions authorizing the
   71         establishment of an advisory committee; amending ss.
   72         331.3051 and 331.310, F.S.; revising requirements for
   73         annual reports by Space Florida; amending s. 443.1113,
   74         F.S., relating to the Reemployment Assistance Claims
   75         and Benefits Information System; revising timeframe
   76         for deployment of a certain Internet portal as part of
   77         such system; amending s. 443.131, F.S.; revising
   78         requirements for the estimate of interest due on
   79         advances received from the Federal Government to the
   80         Unemployment Compensation Trust Fund and the
   81         calculation of additional assessments to contributing
   82         employers to repay the interest; providing an
   83         exemption from such additional assessments; amending
   84         ss. 443.151 and 443.191, F.S.; requiring the
   85         department to impose a penalty against a claimant who
   86         is overpaid reemployment assistance benefits due to
   87         fraud by the claimant and providing for deposit of
   88         moneys collected for such penalties in the
   89         Unemployment Compensation Trust Fund; amending s.
   90         443.1715, F.S.; prohibiting the unlawful disclosure of
   91         certain confidential information relating to employing
   92         units and individuals under the Reemployment
   93         Assistance Program Law; providing criminal penalties;
   94         amending s. 446.50, F.S.; conforming provisions to
   95         changes made by the act; providing an effective date.
   97  Be It Enacted by the Legislature of the State of Florida:
   99         Section 1. Subsection (10) of section 20.60, Florida
  100  Statutes, is amended to read:
  101         20.60 Department of Economic Opportunity; creation; powers
  102  and duties.—
  103         (10) The department, with assistance from Enterprise
  104  Florida, Inc., shall, by November 1 January 1 of each year,
  105  submit an annual report to the Governor, the President of the
  106  Senate, and the Speaker of the House of Representatives on the
  107  condition of the business climate and economic development in
  108  the state. The report must shall include the identification of
  109  problems and a prioritized list of recommendations. The report
  110  must also include the following information from reports of
  111  other programs, including:
  112         (a) Information from the displaced homemaker program plan
  113  required under s. 446.50.
  114         (b) Information from the report on the usage and revenue
  115  impact by county of state incentives required under s. 290.014,
  116  and from the report of each enterprise zone development agency
  117  required under s. 290.0056. The report must include an analysis
  118  of the activities and accomplishments of each enterprise zone.
  119         (c)Information from the report on the use of loan funds
  120  awarded pursuant to the Economic Gardening Business Loan Pilot
  121  Program required under s. 288.1081(8) and from the report on the
  122  progress of the Economic Gardening Technical Assistance Pilot
  123  Program required under s. 288.1082(8).
  124         (d) Information from the report of the performance of the
  125  Black Business Loan Program and a cumulative summary of
  126  quarterly report data required under s. 288.714.
  127         (e) Information from the report of all Rural Economic
  128  Development Initiative activities required under s. 288.0656.
  129         Section 2. Subsection (3) is added to section 288.906,
  130  Florida Statutes, to read:
  131         288.906 Annual report of Enterprise Florida, Inc., and its
  132  divisions; audits.—
  133         (3) The following reports must be included as supplements
  134  to the detailed report required by this section:
  135         (a) The annual report of the Florida Export Finance
  136  Corporation required under s. 288.7771.
  137         (b) The report on the state’s international offices
  138  required under s. 288.012.
  139         Section 3. Subsection (1) of section 288.907, Florida
  140  Statutes, is amended to read:
  141         288.907 Annual incentives report.—
  142         (1) In addition to the annual report required under s.
  143  288.906, Enterprise Florida, Inc., in conjunction with the
  144  department, shall, by December 30 of each year, submit an annual
  145  incentives report to shall provide the Governor, the President
  146  of the Senate, and the Speaker of the House of Representatives
  147  which details and quantifies a detailed incentives report
  148  quantifying the economic benefits for all of the economic
  149  development incentive programs marketed by Enterprise Florida,
  150  Inc.
  151         (a) The annual incentives report must include for each
  152  incentive program:
  153         1. A brief description of the incentive program.
  154         2. The amount of awards granted, by year, since inception.
  155         3. The economic benefits, as defined in s. 288.005, based
  156  on the actual amount of private capital invested, actual number
  157  of jobs created, and actual wages paid for incentive agreements
  158  completed during the previous 3 years.
  159         4. The report shall also include The actual amount of
  160  private capital invested, actual number of jobs created, and
  161  actual wages paid for incentive agreements completed during the
  162  previous 3 years for each target industry sector.
  163         (b) For projects completed during the previous state fiscal
  164  year, the report must include:
  165         1. The number of economic development incentive
  166  applications received.
  167         2. The number of recommendations made to the department by
  168  Enterprise Florida, Inc., including the number recommended for
  169  approval and the number recommended for denial.
  170         3. The number of final decisions issued by the department
  171  for approval and for denial.
  172         4. The projects for which a tax refund, tax credit, or cash
  173  grant agreement was executed and, identifying for each project:
  174         a. The number of jobs committed to be created.
  175         b. The amount of capital investments committed to be made.
  176         c. The annual average wage committed to be paid.
  177         d. The amount of state economic development incentives
  178  committed to the project from each incentive program under the
  179  project’s terms of agreement with the Department of Economic
  180  Opportunity.
  181         e. The amount and type of local matching funds committed to
  182  the project.
  183         5. Tax refunds paid or other payments made funded out of
  184  the Economic Development Incentives Account for each project.
  185         6. The types of projects supported.
  186         (c) For economic development projects that received tax
  187  refunds, tax credits, or cash grants under the terms of an
  188  agreement for incentives, the report must identify:
  189         1. The number of jobs actually created.
  190         2. The amount of capital investments actually made.
  191         3. The annual average wage paid.
  192         (d) For a project receiving economic development incentives
  193  approved by the department and receiving federal or local
  194  incentives, the report must include a description of the federal
  195  or local incentives, if available.
  196         (e) The report must state the number of withdrawn or
  197  terminated projects that did not fulfill the terms of their
  198  agreements with the department and consequently are not
  199  receiving incentives.
  200         (f) The report must include an analysis of the economic
  201  benefits, as defined in s. 288.005, of tax refunds, tax credits,
  202  or other payments made to projects locating or expanding in
  203  state enterprise zones, rural communities, brownfield areas, or
  204  distressed urban communities.
  205         (g) The report must also include a separate analysis of the
  206  impact of tax refunds on rural communities, brownfield areas,
  207  distressed urban communities, and state enterprise zones
  208  designated pursuant to s. 290.0065.
  209         (h) The report must list the name of each business that
  210  received a tax refund during the previous fiscal year, and the
  211  amount of the tax refund, pursuant to the qualified defense
  212  contractor and space flight business tax refund program under s.
  213  288.1045 or the tax refund program for qualified target industry
  214  businesses under s. 288.106.
  215         (i)(g) The report must identify the target industry
  216  businesses and high-impact businesses.
  217         (j)(h) The report must describe the trends relating to
  218  business interest in, and usage of, the various incentives, and
  219  the number of minority-owned or woman-owned businesses receiving
  220  incentives.
  221         (k)(i) The report must identify incentive programs not used
  222  and include recommendations for changes to such programs
  223  utilized.
  224         (l) The report must include information related to the
  225  validation of contractor performance required under s. 288.061.
  226         (m) Beginning in 2014, the report must summarize the
  227  activities related to the Florida Space Business Incentives Act,
  228  s. 220.194.
  229         Section 4. Subsection (9) of section 220.194, Florida
  230  Statutes, is amended to read:
  231         220.194 Corporate income tax credits for spaceflight
  232  projects.—
  233         (9) ANNUAL REPORT.—Beginning in 2014, the Department of
  234  Economic Opportunity, in cooperation with Space Florida and the
  235  department, shall include in the submit an annual incentives
  236  report required under s. 288.907 a summary of summarizing
  237  activities relating to the Florida Space Business Incentives Act
  238  established under this section to the Governor, the President of
  239  the Senate, and the Speaker of the House of Representatives by
  240  each November 30.
  241         Section 5. Subsection (3) of section 288.012, Florida
  242  Statutes, is amended to read:
  243         288.012 State of Florida international offices; state
  244  protocol officer; protocol manual.—The Legislature finds that
  245  the expansion of international trade and tourism is vital to the
  246  overall health and growth of the economy of this state. This
  247  expansion is hampered by the lack of technical and business
  248  assistance, financial assistance, and information services for
  249  businesses in this state. The Legislature finds that these
  250  businesses could be assisted by providing these services at
  251  State of Florida international offices. The Legislature further
  252  finds that the accessibility and provision of services at these
  253  offices can be enhanced through cooperative agreements or
  254  strategic alliances between private businesses and state, local,
  255  and international governmental entities.
  256         (3) By October 1 of each year, Each international office
  257  shall annually submit to Enterprise Florida, Inc., the
  258  department a complete and detailed report on its activities and
  259  accomplishments during the previous preceding fiscal year for
  260  inclusion in the annual report required under s. 288.906. In the
  261  a format and by the annual date prescribed provided by
  262  Enterprise Florida, Inc., the report must set forth information
  263  on:
  264         (a) The number of Florida companies assisted.
  265         (b) The number of inquiries received about investment
  266  opportunities in this state.
  267         (c) The number of trade leads generated.
  268         (d) The number of investment projects announced.
  269         (e) The estimated U.S. dollar value of sales confirmations.
  270         (f) The number of representation agreements.
  271         (g) The number of company consultations.
  272         (h) Barriers or other issues affecting the effective
  273  operation of the office.
  274         (i) Changes in office operations which are planned for the
  275  current fiscal year.
  276         (j) Marketing activities conducted.
  277         (k) Strategic alliances formed with organizations in the
  278  country in which the office is located.
  279         (l) Activities conducted with Florida’s other international
  280  offices.
  281         (m) Any other information that the office believes would
  282  contribute to an understanding of its activities.
  283         Section 6. Subsection (3) of section 288.061, Florida
  284  Statutes, is amended to read:
  285         288.061 Economic development incentive application
  286  process.—
  287         (3) The department shall validate contractor performance
  288  and report. such validation shall be reported in the annual
  289  incentives incentive report required under s. 288.907.
  290         Section 7. Subsection (8) of section 288.0656, Florida
  291  Statutes, is amended to read:
  292         288.0656 Rural Economic Development Initiative.—
  293         (8) REDI shall submit a report to the department Governor,
  294  the President of the Senate, and the Speaker of the House of
  295  Representatives each year on or before September 1 on all REDI
  296  activities for the previous prior fiscal year as a supplement to
  297  the department’s annual report required under s. 20.60. This
  298  supplementary report must shall include:
  299         (a) A status report on all projects currently being
  300  coordinated through REDI, the number of preferential awards and
  301  allowances made pursuant to this section, the dollar amount of
  302  such awards, and the names of the recipients.
  303         (b)The report shall also include A description of all
  304  waivers of program requirements granted.
  305         (c)The report shall also include Information as to the
  306  economic impact of the projects coordinated by REDI., and
  307         (d) Recommendations based on the review and evaluation of
  308  statutes and rules having an adverse impact on rural
  309  communities, and proposals to mitigate such adverse impacts.
  310         Section 8. Paragraphs (d) and (e) of subsection (3) of
  311  section 288.095, Florida Statutes, are redesignated as
  312  paragraphs (c) and (d), respectively, and present paragraph (c)
  313  of that subsection is amended to read:
  314         288.095 Economic Development Trust Fund.—
  315         (3)
  316         (c) Pursuant to s. 288.907, Enterprise Florida, Inc., shall
  317  submit a complete and detailed annual report to the Governor,
  318  the President of the Senate, and the Speaker of the House of
  319  Representatives of all applications received, recommendations
  320  made to the department, final decisions issued, tax refund
  321  agreements executed, and tax refunds paid or other payments made
  322  under all programs funded out of the Economic Development
  323  Incentives Account, including analyses of benefits and costs,
  324  types of projects supported, and employment and investment
  325  created. The department shall also include a separate analysis
  326  of the impact of such tax refunds on state enterprise zones
  327  designated pursuant to s. 290.0065, rural communities,
  328  brownfield areas, and distressed urban communities. The report
  329  must also discuss the efforts made by the department to amend
  330  tax refund agreements to require tax refund claims to be
  331  submitted by January 31 for the net new full-time equivalent
  332  jobs in this state as of December 31 of the preceding calendar
  333  year. The report must also list the name and tax refund amount
  334  for each business that has received a tax refund under s.
  335  288.1045 or s. 288.106 during the preceding fiscal year.
  336         Section 9. Paragraph (d) of subsection (7) of section
  337  288.106, Florida Statutes, is amended to read:
  338         288.106 Tax refund program for qualified target industry
  339  businesses.—
  340         (7) ADMINISTRATION.—
  341         (d) Beginning with tax refund agreements signed after July
  342  1, 2010, the department shall attempt to ascertain the causes
  343  for any business’s failure to complete its agreement and shall
  344  include report its findings and recommendations in the annual
  345  incentives report required under s. 288.907 to the Governor, the
  346  President of the Senate, and the Speaker of the House of
  347  Representatives. The report shall be submitted by December 1 of
  348  each year beginning in 2011.
  349         Section 10. Subsection (8) of section 288.1081, Florida
  350  Statutes, is amended to read:
  351         288.1081 Economic Gardening Business Loan Pilot Program.—
  352         (8) On June 30 and December 31 of each year, The department
  353  shall include in its annual submit a report required under s.
  354  20.60 a detailed description of to the Governor, the President
  355  of the Senate, and the Speaker of the House of Representatives
  356  which describes in detail the use of the loan funds. The report
  357  must include, at a minimum, the number of businesses receiving
  358  loans, the number of full-time equivalent jobs created as a
  359  result of the loans, the amount of wages paid to employees in
  360  the newly created jobs, the locations and types of economic
  361  activity undertaken by the borrowers, the amounts of loan
  362  repayments made to date, and the default rate of borrowers.
  363         Section 11. Subsection (8) of section 288.1082, Florida
  364  Statutes, is amended to read:
  365         288.1082 Economic Gardening Technical Assistance Pilot
  366  Program.—
  367         (8) On December 31 of each year, The department shall
  368  include in its annual submit a report required under s. 20.60 a
  369  detailed description of to the Governor, the President of the
  370  Senate, and the Speaker of the House of Representatives which
  371  describes in detail the progress of the pilot program. The
  372  report must include, at a minimum, the number of businesses
  373  receiving assistance, the number of full-time equivalent jobs
  374  created as a result of the assistance, if any, the amount of
  375  wages paid to employees in the newly created jobs, and the
  376  locations and types of economic activity undertaken by the
  377  businesses.
  378         Section 12. Paragraph (e) of subsection (3) of section
  379  288.1088, Florida Statutes, is amended to read:
  380         288.1088 Quick Action Closing Fund.—
  381         (3)
  382         (e) The department Enterprise Florida, Inc., shall validate
  383  contractor performance and report. such validation in the annual
  384  incentives report required under s. 288.907 shall be reported
  385  within 6 months after completion of the contract to the
  386  Governor, President of the Senate, and the Speaker of the House
  387  of Representatives.
  388         Section 13. Subsection (9) and paragraph (a) of subsection
  389  (11) of section 288.1089, Florida Statutes, are amended to read:
  390         288.1089 Innovation Incentive Program.—
  391         (9) The department shall validate the performance of an
  392  innovation business, a research and development facility, or an
  393  alternative and renewable energy business that has received an
  394  award. At the conclusion of the innovation incentive award
  395  agreement, or its earlier termination, the department shall
  396  include in the annual incentives report required under s.
  397  288.907 a detailed description of, within 90 days, submit a
  398  report to the Governor, the President of the Senate, and the
  399  Speaker of the House of Representatives detailing whether the
  400  recipient of the innovation incentive grant achieved its
  401  specified outcomes.
  402         (11)(a) The department shall include in submit to the
  403  Governor, the President of the Senate, and the Speaker of the
  404  House of Representatives, as part of the annual incentives
  405  report required under s. 288.907, a report summarizing the
  406  activities and accomplishments of the recipients of grants from
  407  the Innovation Incentive Program during the previous 12 months
  408  and an evaluation of whether the recipients are catalysts for
  409  additional direct and indirect economic development in Florida.
  410         Section 14. Subsection (4) of section 288.1226, Florida
  411  Statutes, is amended to read:
  412         288.1226 Florida Tourism Industry Marketing Corporation;
  413  use of property; board of directors; duties; audit.—
  414         (4) BOARD OF DIRECTORS.—The board of directors of the
  415  corporation shall be composed of the Governor and 31 tourism
  416  industry-related members, appointed by Enterprise Florida, Inc.,
  417  in conjunction with the department.
  418         (a) The Governor shall serve ex officio as a nonvoting
  419  member of the board.
  420         (b)(a) The board shall consist of 16 members, appointed in
  421  such a manner as to equitably represent all geographic areas of
  422  the state, with no fewer than two members from any of the
  423  following regions:
  424         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
  425  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
  426  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
  427         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
  428  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
  429  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
  430  Taylor, and Union Counties.
  431         3. Region 3, composed of Brevard, Indian River, Lake,
  432  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
  433  Volusia Counties.
  434         4. Region 4, composed of Citrus, Hernando, Hillsborough,
  435  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
  436         5. Region 5, composed of Charlotte, Collier, DeSoto,
  437  Glades, Hardee, Hendry, Highlands, and Lee Counties.
  438         6. Region 6, composed of Broward, Martin, Miami-Dade,
  439  Monroe, and Palm Beach Counties.
  440         (c)(b) The 15 additional tourism-industry-related members
  441  shall include 1 representative from the statewide rental car
  442  industry; 7 representatives from tourist-related statewide
  443  associations, including those that represent hotels,
  444  campgrounds, county destination marketing organizations,
  445  museums, restaurants, retail, and attractions; 3 representatives
  446  from county destination marketing organizations; 1
  447  representative from the cruise industry; 1 representative from
  448  an automobile and travel services membership organization that
  449  has at least 2.8 million members in Florida; 1 representative
  450  from the airline industry; and 1 representative from the space
  451  tourism industry, who will each serve for a term of 2 years.
  452         Section 15. Subsection (3) of section 288.1253, Florida
  453  Statutes, is amended to read:
  454         288.1253 Travel and entertainment expenses.—
  455         (3) The Office of Film and Entertainment department shall
  456  include in the annual report for the entertainment industry
  457  financial incentive program required under s. 288.1254(10) a
  458  prepare an annual report of the office’s expenditures of the
  459  Office of Film and Entertainment and provide such report to the
  460  Legislature no later than December 30 of each year for the
  461  expenditures of the previous fiscal year. The report must shall
  462  consist of a summary of all travel, entertainment, and
  463  incidental expenses incurred within the United States and all
  464  travel, entertainment, and incidental expenses incurred outside
  465  the United States, as well as a summary of all successful
  466  projects that developed from such travel.
  467         Section 16. Subsection (10) of section 288.1254, Florida
  468  Statutes, is amended to read:
  469         288.1254 Entertainment industry financial incentive
  470  program.—
  471         (10) ANNUAL REPORT.—Each November 1 October 1, the Office
  472  of Film and Entertainment shall submit provide an annual report
  473  for the previous fiscal year to the Governor, the President of
  474  the Senate, and the Speaker of the House of Representatives
  475  which outlines the incentive program’s return on investment and
  476  economic benefits to the state. The report must shall also
  477  include an estimate of the full-time equivalent positions
  478  created by each production that received tax credits under this
  479  section and information relating to the distribution of
  480  productions receiving credits by geographic region and type of
  481  production. The report must also include the expenditures report
  482  required under s. 288.1253(3) and the information describing the
  483  relationship between tax exemptions and incentives to industry
  484  growth required under s. 288.1258(5).
  485         Section 17. Subsection (5) of section 288.1258, Florida
  486  Statutes, is amended to read:
  487         288.1258 Entertainment industry qualified production
  488  companies; application procedure; categories; duties of the
  489  Department of Revenue; records and reports.—
  492  and Entertainment shall keep annual records from the information
  493  provided on taxpayer applications for tax exemption certificates
  494  beginning January 1, 2001. These records also must shall reflect
  495  a ratio of the annual amount of sales and use tax exemptions
  496  under this section, plus the incentives awarded pursuant to s.
  497  288.1254 to the estimated amount of funds expended by certified
  498  productions. In addition, the office shall maintain data showing
  499  annual growth in Florida-based entertainment industry companies
  500  and entertainment industry employment and wages. The employment
  501  information must shall include an estimate of the full-time
  502  equivalent positions created by each production that received
  503  tax credits pursuant to s. 288.1254. The Office of Film and
  504  Entertainment shall include report this information in the
  505  annual report for the entertainment industry financial incentive
  506  program required under s. 288.1254(10) to the Legislature no
  507  later than December 1 of each year.
  508         Section 18. Subsection (3) of section 288.714, Florida
  509  Statutes, is amended to read:
  510         288.714 Quarterly and annual reports.—
  511         (3) By August 31 of each year, The department shall include
  512  in its annual report required under s. 20.60 provide to the
  513  Governor, the President of the Senate, and the Speaker of the
  514  House of Representatives a detailed report of the performance of
  515  the Black Business Loan Program. The report must include a
  516  cumulative summary of the quarterly report data compiled
  517  pursuant to required by subsection (2) (1).
  518         Section 19. Section 288.7771, Florida Statutes, is amended
  519  to read:
  520         288.7771 Annual report of Florida Export Finance
  521  Corporation.—The corporation shall annually prepare and submit
  522  to Enterprise Florida, Inc., the department for inclusion in its
  523  annual report required under s. 288.906 by s. 288.095 a complete
  524  and detailed report setting forth:
  525         (1) The report required in s. 288.776(3).
  526         (2) Its assets and liabilities at the end of its most
  527  recent fiscal year.
  528         Section 20. Subsections (3), (4), and (5) of section
  529  288.903, Florida Statutes, are amended to read:
  530         288.903 Duties of Enterprise Florida, Inc.—Enterprise
  531  Florida, Inc., shall have the following duties:
  532         (3) Prepare an annual report pursuant to s. 288.906.
  533         (4) Prepare, in conjunction with the department, and an
  534  annual incentives report pursuant to s. 288.907.
  535         (5)(4) Assist the department with the development of an
  536  annual and a long-range strategic business blueprint for
  537  economic development required in s. 20.60.
  538         (6)(5) In coordination with Workforce Florida, Inc.,
  539  identify education and training programs that will ensure
  540  Florida businesses have access to a skilled and competent
  541  workforce necessary to compete successfully in the domestic and
  542  global marketplace.
  543         Section 21. Subsection (3) of section 288.92, Florida
  544  Statutes, is amended to read:
  545         288.92 Divisions of Enterprise Florida, Inc.—
  546         (3) By October 15 each year, Each division shall draft and
  547  submit an annual report for inclusion in the report required
  548  under 288.906 which details the division’s activities during the
  549  previous prior fiscal year and includes any recommendations for
  550  improving current statutes related to the division’s related
  551  area of responsibility.
  552         Section 22. Subsection (5) of section 288.95155, Florida
  553  Statutes, is amended to read:
  554         288.95155 Florida Small Business Technology Growth
  555  Program.—
  556         (5) Enterprise Florida, Inc., shall include in the annual
  557  incentives report required under s. 288.907 prepare for
  558  inclusion in the annual report of the department required by s.
  559  288.095 a report on the financial status of the program. The
  560  report must specify the assets and liabilities of the program
  561  within the current fiscal year and must include a portfolio
  562  update that lists all of the businesses assisted, the private
  563  dollars leveraged by each business assisted, and the growth in
  564  sales and in employment of each business assisted.
  565         Section 23. Subsection (11) of section 290.0056, Florida
  566  Statutes, is amended to read:
  567         290.0056 Enterprise zone development agency.—
  568         (11) Before October 1 December 1 of each year, the agency
  569  shall submit to the department for inclusion in the department’s
  570  annual report required under s. 20.60 a complete and detailed
  571  written report setting forth:
  572         (a) Its operations and accomplishments during the fiscal
  573  year.
  574         (b) The accomplishments and progress concerning the
  575  implementation of the strategic plan or measurable goals, and
  576  any updates to the strategic plan or measurable goals.
  577         (c) The number and type of businesses assisted by the
  578  agency during the fiscal year.
  579         (d) The number of jobs created within the enterprise zone
  580  during the fiscal year.
  581         (e) The usage and revenue impact of state and local
  582  incentives granted during the calendar year.
  583         (f) Any other information required by the department.
  584         Section 24. Section 290.014, Florida Statutes, is amended
  585  to read:
  586         290.014 Annual reports on enterprise zones.—
  587         (1) By October 1 February 1 of each year, the Department of
  588  Revenue shall submit a an annual report to the department for
  589  inclusion in the department’s annual report required under s.
  590  20.60 which details detailing the usage and revenue impact by
  591  county of the state incentives listed in s. 290.007.
  592         (2) By March 1 of each year, the department shall submit an
  593  annual report to the Governor, the Speaker of the House of
  594  Representatives, and the President of the Senate. The report
  595  must also shall include the information provided by the
  596  department of Revenue pursuant to subsection (1) and the
  597  information provided by the enterprise zone development agencies
  598  pursuant to s. 290.0056(11) 290.0056. In addition, the report
  599  must shall include an analysis of the activities and
  600  accomplishments of each enterprise zone.
  601         Section 25. Section 290.0411, Florida Statutes, is amended
  602  to read:
  603         290.0411 Legislative intent and purpose of ss. 290.0401
  604  290.048.—It is the intent of the Legislature to provide the
  605  necessary means to develop, preserve, redevelop, and revitalize
  606  Florida communities exhibiting signs of decline, or distress, or
  607  economic need by enabling local governments to undertake the
  608  necessary community and economic development programs. The
  609  overall objective is to create viable communities by eliminating
  610  slum and blight, fortifying communities in urgent need,
  611  providing decent housing and suitable living environments, and
  612  expanding economic opportunities, principally for persons of low
  613  or moderate income. The purpose of ss. 290.0401-290.048 is to
  614  assist local governments in carrying out effective community and
  615  economic development and project planning and design activities
  616  to arrest and reverse community decline and restore community
  617  vitality. Community development and project planning activities
  618  to maintain viable communities, revitalize existing communities,
  619  expand economic development and employment opportunities, and
  620  improve housing conditions and expand housing opportunities,
  621  providing direct benefit to persons of low or moderate income,
  622  are the primary purposes of ss. 290.0401-290.048. The
  623  Legislature, therefore, declares that the development,
  624  redevelopment, preservation, and revitalization of communities
  625  in this state and all the purposes of ss. 290.0401-290.048 are
  626  public purposes for which public money may be borrowed,
  627  expended, loaned, pledged to guarantee loans, and granted.
  628         Section 26. Subsections (1) and (6) of section 290.042,
  629  Florida Statutes, are amended to read:
  630         290.042 Definitions relating to Florida Small Cities
  631  Community Development Block Grant Program Act.—As used in ss.
  632  290.0401-290.048, the term:
  633         (1) “Administrative closeout” means the notification of a
  634  grantee by the department that all applicable administrative
  635  actions and all required work of an existing the grant have been
  636  completed with the exception of the final audit.
  637         (6) “Person of low or moderate income” means any person who
  638  meets the definition established by the department in accordance
  639  with the guidelines established in Title I of the Housing and
  640  Community Development Act of 1974, as amended, and the
  641  definition of the term “low- and moderate-income person” as
  642  provided in 24 C.F.R. s. 570.3.
  643         Section 27. Subsections (2), (3), and (4) of section
  644  290.044, Florida Statutes, are amended to read:
  645         290.044 Florida Small Cities Community Development Block
  646  Grant Program Fund; administration; distribution.—
  647         (2) The department shall adopt rules establishing
  648  guidelines for the distribution of distribute such funds as loan
  649  guarantees and grants to eligible local governments through on
  650  the basis of a competitive selection process.
  651         (3) The department shall define the broad community
  652  development objectives consistent with national objectives
  653  established by 42 U.S.C. s. 5304 and 24 C.F.R. s. 570.483
  654  objective to be achieved through the distribution of block grant
  655  funds under this section. by the activities in each of the
  656  following grant program categories, and require applicants for
  657  grants to compete against each other in these grant program
  658  categories:
  659         (a) Housing.
  660         (b) Economic development.
  661         (c) Neighborhood revitalization.
  662         (d) Commercial revitalization.
  663         (e) Project planning and design.
  664         (4) The department may set aside an amount of up to 5
  665  percent of the funds annually for use in any eligible local
  666  government jurisdiction for which an emergency or natural
  667  disaster has been declared by executive order. Such funds may
  668  only be provided to a local government to fund eligible
  669  emergency-related activities but must not be provided unless for
  670  which no other source of federal, state, or local disaster funds
  671  is available. The department may provide for such set-aside by
  672  rule. In the last quarter of the state fiscal year, any funds
  673  not allocated under the emergency-related set-aside must shall
  674  be distributed to unfunded applications from the most recent
  675  funding cycle.
  676         Section 28. Section 290.0455, Florida Statutes, is amended
  677  to read:
  678         290.0455 Small Cities Community Development Block Grant
  679  Loan Guarantee Program; Section 108 loan guarantees.—
  680         (1) The Small Cities Community Development Block Grant Loan
  681  Guarantee Program is created. The department shall administer
  682  the loan guarantee program pursuant to Section 108 s. 108 of
  683  Title I of the Housing and Community Development Act of 1974, as
  684  amended, and as further amended by s. 910 of the Cranston
  685  Gonzalez National Affordable Housing Act. The purpose of the
  686  Small Cities Community Development Block Grant Loan Guarantee
  687  Program is to guarantee, or to make commitments to guarantee,
  688  notes or other obligations issued by public entities for the
  689  purposes of financing activities enumerated in 24 C.F.R. s.
  690  570.703.
  691         (2) Activities assisted under the loan guarantee program
  692  must meet the requirements contained in 24 C.F.R. ss. 570.700
  693  570.710 and may not otherwise be financed in whole or in part
  694  from the Florida Small Cities Community Development Block Grant
  695  Program.
  696         (3) The department may pledge existing revenues on deposit
  697  or future revenues projected to be available for deposit in the
  698  Florida Small Cities Community Development Block Grant Program
  699  in order to guarantee, in whole or in part, the payment of
  700  principal and interest on a Section 108 loan made under the loan
  701  guarantee program.
  702         (4) An applicant approved by the United States Department
  703  of Housing and Urban Development to receive a Section 108 loan
  704  shall enter into an agreement with the Department of Economic
  705  Opportunity which requires the applicant to pledge half of the
  706  amount necessary to guarantee the loan in the event of default.
  707         (5) The department shall review all Section 108 loan
  708  applications that it receives from local governments. The
  709  department shall review the applications must submit all
  710  applications it receives to the United States Department of
  711  Housing and Urban Development for loan approval, in the order
  712  received, subject to a determination by the department
  713  determining that each the application meets all eligibility
  714  requirements contained in 24 C.F.R. ss. 570.700-570.710, and has
  715  been deemed financially feasible by a loan underwriter approved
  716  by the department. If the statewide maximum available for loan
  717  guarantee commitments established in subsection (6) has not been
  718  committed, the department may submit the Section 108 loan
  719  application to the United States Department of Housing and Urban
  720  Development with a recommendation that the loan be approved,
  721  with or without conditions, or be denied provided that the
  722  applicant has submitted the proposed activity to a loan
  723  underwriter to document its financial feasibility.
  724         (6)(5) The maximum amount of an individual loan guarantee
  725  commitment that an commitments that any eligible local
  726  government may receive is may be limited to $5 $7 million
  727  pursuant to 24 C.F.R. s. 570.705, and the maximum amount of loan
  728  guarantee commitments statewide may not exceed an amount equal
  729  to two five times the amount of the most recent grant received
  730  by the department under the Florida Small Cities Community
  731  Development Block Grant Program.
  732         (7)(6)Section 108 loans guaranteed by the Small Cities
  733  Community Development Block Grant Program loan guarantee program
  734  must be repaid within 20 years.
  735         (8)(7)Section 108 loan applicants must demonstrate
  736  guarantees may be used for an activity only if the local
  737  government provides evidence to the department that the
  738  applicant investigated alternative financing services were
  739  investigated and the services were unavailable or insufficient
  740  to meet the financing needs of the proposed activity.
  741         (9) If a local government defaults on a Section 108 loan
  742  received from the United States Department of Housing and Urban
  743  Development and guaranteed through the Florida Small Cities
  744  Community Development Block Grant Program, thereby requiring the
  745  department to reduce its annual grant award in order to pay the
  746  annual debt service on the loan, any future community
  747  development block grants that the local government receives must
  748  be reduced in an amount equal to the amount of the state’s grant
  749  award used in payment of debt service on the loan.
  750         (10) If a local government receives a Section 108 loan
  751  guaranteed through the Florida Small Cities Community
  752  Development Block Grant Program and is granted entitlement
  753  community status as defined in subpart D of 24 C.F.R. part 570
  754  by the United States Department of Housing and Urban Development
  755  before paying the loan in full, the local government must pledge
  756  its community development block grant entitlement allocation as
  757  a guarantee of its previous loan and request that the United
  758  States Department of Housing and Urban Development release the
  759  department as guarantor of the loan.
  760         (8) The department must, before approving an application
  761  for a loan, evaluate the applicant’s prior administration of
  762  block grant funds for community development. The evaluation of
  763  past performance must take into account the procedural aspects
  764  of previous grants or loans as well as substantive results. If
  765  the department finds that any applicant has failed to
  766  substantially accomplish the results proposed in the applicant’s
  767  last previously funded application, the department may prohibit
  768  the applicant from receiving a loan or may penalize the
  769  applicant in the rating of the current application.
  770         Section 29. Section 290.046, Florida Statutes, is amended
  771  to read:
  772         (Substantial rewording of section. See
  773         s. 290.046, F.S., for present text.)
  774         290.046 Applications for grants; procedures; requirements.—
  775         (1) The department shall adopt rules establishing
  776  application procedures.
  777         (2)(a) Except for economic development projects, each local
  778  government that is eligible by rule to apply for a grant during
  779  an application cycle may submit one application for a
  780  noneconomic development project during the application cycle. A
  781  local government that is eligible by rule to apply for an
  782  economic development grant may apply up to three times each
  783  funding cycle for an economic development grant and may have
  784  more than one open economic development grant.
  785         (b) The department shall establish minimum criteria
  786  pertaining to the number of jobs created for persons of low or
  787  moderate income, the degree of private sector financial
  788  commitment, the economic feasibility of the proposed project,
  789  and any other criteria the department deems appropriate.
  790         (c) The department may not award a grant until the
  791  department has completed a site visit to verify the information
  792  contained in the application.
  793         (3)(a) The department shall adopt rules establishing
  794  criteria for evaluating applications received during each
  795  application cycle and the department must rank each application
  796  in accordance with those rules. Such rules must allow the
  797  department to consider relevant factors, including, but not
  798  limited to, community need, unemployment, poverty levels, low
  799  and moderate income populations, health and safety, and the
  800  condition of physical structures. The department shall
  801  incorporate into its ranking system a procedure intended to
  802  eliminate or reduce any existing population-related bias that
  803  places exceptionally small communities at a disadvantage in the
  804  competition for funds.
  805         (b) Project funding must be determined by the rankings
  806  established in each application cycle. If economic development
  807  funding remains available after the application cycle closes,
  808  funding will be awarded to eligible projects on a first-come,
  809  first-served basis until funding for this category is fully
  810  obligated.
  811         (4) In order to provide the public with information
  812  concerning an applicant’s proposed program before an application
  813  is submitted to the department, the applicant shall, for each
  814  funding cycle:
  815         (a) Conduct an initial public hearing to inform the public
  816  of funding opportunities available to meet community needs and
  817  eligible activities and to solicit public input on community
  818  needs.
  819         (b) Publish a summary of the proposed application which
  820  affords the public an opportunity to examine the contents of the
  821  application and submit comments.
  822         (c) Conduct a second public hearing to obtain public
  823  comments on the proposed application and make appropriate
  824  modifications to the application.
  825         Section 30. Section 290.047, Florida Statutes, is amended
  826  to read:
  827         (Substantial rewording of section. See
  828         s. 290.047, F.S., for present text.)
  829         290.047 Establishment of grant ceilings and maximum
  830  administrative cost percentages.—
  831         (1) The department shall adopt rules to establish:
  832         (a) Grant ceilings.
  833         (b) The maximum percentage of block grant funds that may be
  834  spent on administrative costs by an eligible local government.
  835         (c) Grant administration procurement procedures for
  836  eligible local governments.
  837         (2) An eligible local government may not contract with the
  838  same individual or business entity for more than one service to
  839  be performed in connection with a community development block
  840  grant, including, but not limited to, application preparation
  841  services, administrative services, architectural and engineering
  842  services, and construction services, unless it can be
  843  demonstrated by the eligible local government that the
  844  individual or business entity is the sole source of the service
  845  or is the responsive proposer whose proposal is determined in
  846  writing from a competitive process to be the most advantageous
  847  to the local government.
  848         (3) The maximum amount of block grant funds that may be
  849  spent on architectural and engineering costs by an eligible
  850  local government must be determined by a methodology adopted by
  851  the department by rule.
  852         Section 31. Section 290.0475, Florida Statutes, is amended
  853  to read:
  854         290.0475 Rejection of grant applications; penalties for
  855  failure to meet application conditions.—Applications received
  856  for funding are ineligible if under all program categories shall
  857  be rejected without scoring only in the event that any of the
  858  following circumstances arise:
  859         (1) The application is not received by the department by
  860  the application deadline.
  861         (2) The proposed project does not meet one of the three
  862  national objectives as described contained in s. 290.044(3)
  863  federal and state legislation.
  864         (3) The proposed project is not an eligible activity as
  865  contained in the federal legislation.
  866         (4) The application is not consistent with the local
  867  government’s comprehensive plan adopted pursuant to s. 163.3184.
  868         (5) The applicant has an open community development block
  869  grant, except as provided in s. 290.046(2)(a) and department
  870  rule s. 290.046(2)(c).
  871         (6) The local government is not in compliance with the
  872  citizen participation requirements prescribed in ss. 104(a)(1)
  873  and (2) and 106(d)(5)(c) of Title I of the Housing and Community
  874  Development Act of 1984, s. 290.046(4), and department rule
  875  rules.
  876         (7) Any information provided in the application that
  877  affects eligibility or scoring is found to have been
  878  misrepresented, and the information is not a mathematical error
  879  which may be discovered and corrected by readily computing
  880  available numbers or formulas provided in the application.
  881         Section 32. Subsections (5), (6), and (7) of section
  882  290.048, Florida Statutes, are amended to read:
  883         290.048 General powers of department under ss. 290.0401
  884  290.048.—The department has all the powers necessary or
  885  appropriate to carry out the purposes and provisions of the
  886  program, including the power to:
  887         (5) Adopt and enforce strict requirements concerning an
  888  applicant’s written description of a service area. Each such
  889  description shall contain maps which illustrate the location of
  890  the proposed service area. All such maps must be clearly legible
  891  and must:
  892         (a) Contain a scale which is clearly marked on the map.
  893         (b) Show the boundaries of the locality.
  894         (c) Show the boundaries of the service area where the
  895  activities will be concentrated.
  896         (d) Display the location of all proposed area activities.
  897         (e) Include the names of streets, route numbers, or easily
  898  identifiable landmarks where all service activities are located.
  899         (5)(6) Pledge community development block grant revenues
  900  from the Federal Government in order to guarantee notes or other
  901  obligations of a public entity which are approved pursuant to s.
  902  290.0455.
  903         (7) Establish an advisory committee of no more than 13
  904  members to solicit participation in designing, administering,
  905  and evaluating the program and in linking the program with other
  906  housing and community development resources.
  907         Section 33. Subsection (11) of section 331.3051, Florida
  908  Statutes, is amended to read:
  909         331.3051 Duties of Space Florida.—Space Florida shall:
  910         (11) Annually report on its performance with respect to its
  911  business plan, to include finance, spaceport operations,
  912  research and development, workforce development, and education.
  913  Space Florida shall submit the report shall be submitted to the
  914  Governor, the President of the Senate, and the Speaker of the
  915  House of Representatives by November 30 no later than September
  916  1 for the previous prior fiscal year. The annual report must
  917  include operations information as required under s.
  918  331.310(2)(e).
  919         Section 34. Paragraph (e) of subsection (2) of section
  920  331.310, Florida Statutes, is amended to read:
  921         331.310 Powers and duties of the board of directors.—
  922         (2) The board of directors shall:
  923         (e) Prepare an annual report of operations as a supplement
  924  to the annual report required under s. 331.3051(11). The report
  925  must shall include, but not be limited to, a balance sheet, an
  926  income statement, a statement of changes in financial position,
  927  a reconciliation of changes in equity accounts, a summary of
  928  significant accounting principles, the auditor’s report, a
  929  summary of the status of existing and proposed bonding projects,
  930  comments from management about the year’s business, and
  931  prospects for the next year, which shall be submitted each year
  932  by November 30 to the Governor, the President of the Senate, the
  933  Speaker of the House of Representatives, the minority leader of
  934  the Senate, and the minority leader of the House of
  935  Representatives.
  936         Section 35. Paragraph (b) of subsection (4) of section
  937  443.1113, Florida Statutes, is amended to read:
  938         443.1113 Reemployment Assistance Claims and Benefits
  939  Information System.—
  940         (4) The project to implement the Reemployment Assistance
  941  Claims and Benefits Information System is shall be comprised of
  942  the following phases and corresponding implementation
  943  timeframes:
  944         (b) The Reemployment Assistance Claims and Benefits
  945  Internet portal that replaces the Florida Unemployment Internet
  946  Direct and the Florida Continued Claims Internet Directory
  947  systems, the Call Center Interactive Voice Response System, the
  948  Benefit Overpayment Screening System, the Internet and Intranet
  949  Appeals System, and the Claims and Benefits Mainframe System
  950  shall be deployed to full operational status no later than the
  951  end of fiscal year 2013-2014 2012-2013.
  952         Section 36. Subsection (5) of section 443.131, Florida
  953  Statutes, is amended to read:
  954         443.131 Contributions.—
  956         (a) When the Unemployment Compensation Trust Fund has
  957  received advances from the Federal Government under the
  958  provisions of 42 U.S.C. s. 1321, each contributing employer
  959  shall be assessed an additional rate solely for the purpose of
  960  paying interest due on such federal advances. The additional
  961  rate shall be assessed no later than February 1 in each calendar
  962  year in which an interest payment is due.
  963         (b) The Revenue Estimating Conference shall estimate the
  964  amount of such interest due on federal advances by no later than
  965  December 1 of the calendar year before preceding the calendar
  966  year in which an interest payment is due. The Revenue Estimating
  967  Conference shall, at a minimum, consider the following as the
  968  basis for the estimate:
  969         1. The amounts actually advanced to the trust fund.
  970         2. Amounts expected to be advanced to the trust fund based
  971  on current and projected unemployment patterns and employer
  972  contributions.
  973         3. The interest payment due date.
  974         4. The interest rate that will be applied by the Federal
  975  Government to any accrued outstanding balances.
  976         (c)(b)The tax collection service provider shall calculate
  977  the additional rate to be assessed against contributing
  978  employers. The additional rate assessed for a calendar year is
  979  shall be determined by dividing the estimated amount of interest
  980  to be paid in that year by 95 percent of the taxable wages as
  981  described in s. 443.1217 paid by all employers for the year
  982  ending June 30 of the previous immediately preceding calendar
  983  year. The amount to be paid by each employer is shall be the
  984  product obtained by multiplying such employer’s taxable wages as
  985  described in s. 443.1217 for the year ending June 30 of the
  986  previous immediately preceding calendar year by the rate as
  987  determined by this subsection. An assessment may not be made if
  988  the amount of assessments on deposit from previous years, plus
  989  any earned interest, is at least 80 percent of the estimated
  990  amount of interest.
  991         (d) The tax collection service provider shall make a
  992  separate collection of such assessment, which may be collected
  993  at the time of employer contributions and subject to the same
  994  penalties for failure to file a report, imposition of the
  995  standard rate pursuant to paragraph (3)(h), and interest if the
  996  assessment is not received on or before June 30. Section
  997  443.141(1)(d) and (e) does not apply to this separately
  998  collected assessment. The tax collection service provider shall
  999  maintain those funds in the tax collection service provider’s
 1000  Audit and Warrant Clearing Trust Fund until the provider is
 1001  directed by the Governor or the Governor’s designee to make the
 1002  interest payment to the Federal Government. Assessments on
 1003  deposit must be available to pay the interest on advances
 1004  received from the Federal Government under 42 U.S.C. s. 1321.
 1005  Assessments on deposit may be invested and any interest earned
 1006  shall be part of the balance available to pay the interest on
 1007  advances received from the Federal Government under 42 U.S.C. s.
 1008  1321.
 1009         (e) Four months after In the calendar year that all
 1010  advances from the Federal Government under 42 U.S.C. s. 1321 and
 1011  associated interest are repaid, if there are assessment funds in
 1012  excess of the amount required to meet the final interest
 1013  payment, any such excess assessed funds in the Audit and Warrant
 1014  Clearing Trust Fund, including associated interest, shall be
 1015  transferred to credited to employer accounts in the Unemployment
 1016  Compensation Trust Fund. Any assessment amounts subsequently
 1017  collected shall also be transferred to the Unemployment
 1018  Compensation Trust Fund in an amount equal to the employer’s
 1019  contribution to the assessment for that year divided by the
 1020  total amount of the assessment for that year, the result of
 1021  which is multiplied by the amount of excess assessed funds.
 1022         (f) If However, if the state is permitted to defer interest
 1023  payments due during a calendar year under 42 U.S.C. s. 1322,
 1024  payment of the interest assessment is shall not be due. If a
 1025  deferral of interest expires or is subsequently disallowed by
 1026  the Federal Government, either prospectively or retroactively,
 1027  the interest assessment shall be immediately due and payable.
 1028  Notwithstanding any other provision of this section, if interest
 1029  due during a calendar year on federal advances is forgiven or
 1030  postponed under federal law and is no longer due during that
 1031  calendar year, no interest assessment shall be assessed against
 1032  an employer for that calendar year, and any assessment already
 1033  assessed and collected against an employer before the
 1034  forgiveness or postponement of the interest for that calendar
 1035  year shall be credited to such employer’s account in the
 1036  Unemployment Compensation Trust Fund. However, such funds may be
 1037  used only to pay benefits or refunds of erroneous contributions.
 1038         (g) This subsection expires July 1, 2014.
 1039         Section 37. Paragraph (a) of subsection (6) of section
 1040  443.151, Florida Statutes, is amended to read:
 1041         443.151 Procedure concerning claims.—
 1042         (6) RECOVERY AND RECOUPMENT.—
 1043         (a) Any person who, by reason of her or his fraud, receives
 1044  benefits under this chapter to which she or he is not entitled
 1045  is liable for repaying those benefits to the Department of
 1046  Economic Opportunity on behalf of the trust fund or, in the
 1047  discretion of the department, to have those benefits deducted
 1048  from future benefits payable to her or him under this chapter.
 1049  In addition, the department shall impose upon the claimant a
 1050  penalty equal to 15 percent of the amount overpaid. To enforce
 1051  this paragraph, the department must find the existence of fraud
 1052  through a redetermination or decision under this section within
 1053  2 years after the fraud was committed. Any recovery or
 1054  recoupment of benefits must be commenced within 7 years after
 1055  the redetermination or decision.
 1056         Section 38. Subsection (1) of section 443.191, Florida
 1057  Statutes, is amended to read:
 1058         443.191 Unemployment Compensation Trust Fund; establishment
 1059  and control.—
 1060         (1) There is established, as a separate trust fund apart
 1061  from all other public funds of this state, an Unemployment
 1062  Compensation Trust Fund, which shall be administered by the
 1063  Department of Economic Opportunity exclusively for the purposes
 1064  of this chapter. The fund must shall consist of:
 1065         (a) All contributions and reimbursements collected under
 1066  this chapter;
 1067         (b) Interest earned on any moneys in the fund;
 1068         (c) Any property or securities acquired through the use of
 1069  moneys belonging to the fund;
 1070         (d) All earnings of these properties or securities;
 1071         (e) All money credited to this state’s account in the
 1072  federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
 1073  1103; and
 1074         (f) All money collected for penalties imposed pursuant to
 1075  s. 443.151(6)(a); and
 1076         (g) Advances on the amount in the federal Unemployment
 1077  Compensation Trust Fund credited to the state under 42 U.S.C. s.
 1078  1321, as requested by the Governor or the Governor’s designee.
 1080  Except as otherwise provided in s. 443.1313(4), all moneys in
 1081  the fund must shall be mingled and undivided.
 1082         Section 39. Subsection (1) of section 443.1715, Florida
 1083  Statutes, is amended to read:
 1084         443.1715 Disclosure of information; confidentiality.—
 1085         (1) RECORDS AND REPORTS.—Information revealing an employing
 1086  unit’s or individual’s identity obtained from the employing unit
 1087  or any individual under the administration of this chapter, and
 1088  any determination revealing that information, is confidential
 1089  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1090  Constitution. This confidential information may be released in
 1091  accordance with the provisions in 20 C.F.R. part 603. A person
 1092  receiving confidential information who violates this subsection
 1093  commits a misdemeanor of the second degree, punishable as
 1094  provided in s. 775.082 or s. 775.083. The Department of Economic
 1095  Opportunity or its tax collection service provider may, however,
 1096  furnish to any employer copies of any report submitted by that
 1097  employer upon the request of the employer and may furnish to any
 1098  claimant copies of any report submitted by that claimant upon
 1099  the request of the claimant. The department or its tax
 1100  collection service provider may charge a reasonable fee for
 1101  copies of these reports as prescribed by rule, which may not
 1102  exceed the actual reasonable cost of the preparation of the
 1103  copies. Fees received for copies under this subsection must be
 1104  deposited in the Employment Security Administration Trust Fund.
 1105         Section 40. Paragraph (b) of subsection (3) and subsection
 1106  (4) of section 446.50, Florida Statutes, are amended to read:
 1107         446.50 Displaced homemakers; multiservice programs; report
 1108  to the Legislature; Displaced Homemaker Trust Fund created.—
 1111         (b)1. The department shall enter into contracts with, and
 1112  make grants to, public and nonprofit private entities for
 1113  purposes of establishing multipurpose service programs for
 1114  displaced homemakers under this section. Such grants and
 1115  contracts must shall be awarded pursuant to chapter 287 and
 1116  based on criteria established in the program state plan as
 1117  provided in subsection (4) developed pursuant to this section.
 1118  The department shall designate catchment areas that together,
 1119  must shall compose the entire state, and, to the extent possible
 1120  from revenues in the Displaced Homemaker Trust Fund, the
 1121  department shall contract with, and make grants to, entities
 1122  that will serve entire catchment areas so that displaced
 1123  homemaker service programs are available statewide. These
 1124  catchment areas must shall be coterminous with the state’s
 1125  workforce development regions. The department may give priority
 1126  to existing displaced homemaker programs when evaluating bid
 1127  responses to the request for proposals.
 1128         2. In order to receive funds under this section, and unless
 1129  specifically prohibited by law from doing so, an entity that
 1130  provides displaced homemaker service programs must receive at
 1131  least 25 percent of its funding from one or more local,
 1132  municipal, or county sources or nonprofit private sources. In
 1133  kind contributions may be evaluated by the department and
 1134  counted as part of the required local funding.
 1135         3. The department shall require an entity that receives
 1136  funds under this section to maintain appropriate data to be
 1137  compiled in an annual report to the department. Such data must
 1138  shall include, but is shall not be limited to, the number of
 1139  clients served, the units of services provided, designated
 1140  client-specific information including intake and outcome
 1141  information specific to each client, costs associated with
 1142  specific services and program administration, total program
 1143  revenues by source and other appropriate financial data, and
 1144  client followup information at specified intervals after the
 1145  placement of a displaced homemaker in a job.
 1147         (a) The Department of Economic Opportunity shall include in
 1148  its annual report required under s. 20.60 a develop a 3-year
 1149  state plan for the displaced homemaker program which shall be
 1150  updated annually. The plan must address, at a minimum, the need
 1151  for programs specifically designed to serve displaced
 1152  homemakers, any necessary service components for such programs
 1153  in addition to those described enumerated in this section, goals
 1154  of the displaced homemaker program with an analysis of the
 1155  extent to which those goals are being met, and recommendations
 1156  for ways to address any unmet program goals. Any request for
 1157  funds for program expansion must be based on the state plan.
 1158         (b)The displaced homemaker program Each annual update must
 1159  address any changes in the components of the 3-year state plan
 1160  and a report that must include, but need not be limited to, the
 1161  following:
 1162         (a)1. The scope of the incidence of displaced homemakers;
 1163         (b)2. A compilation and report, by program, of data
 1164  submitted to the department pursuant to subparagraph (3)(b)3.
 1165  subparagraph 3. by funded displaced homemaker service programs;
 1166         (c)3. An identification and description of the programs in
 1167  the state which receive funding from the department, including
 1168  funding information; and
 1169         (d)4. An assessment of the effectiveness of each displaced
 1170  homemaker service program based on outcome criteria established
 1171  by rule of the department.
 1172         (c) The 3-year state plan must be submitted to the
 1173  President of the Senate, the Speaker of the House of
 1174  Representatives, and the Governor on or before January 1, 2001,
 1175  and annual updates of the plan must be submitted by January 1 of
 1176  each subsequent year.
 1177         Section 41. This act shall take effect July 1, 2013.