Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS/HB 7023, 1st Eng.
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/RE/3R .
05/02/2014 12:01 PM .
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Senator Detert moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 163.3202, Florida
6 Statutes, is amended to read:
7 163.3202 Land development regulations.—
8 (1) Within 1 year after submission of its comprehensive
9 plan or revised comprehensive plan for review pursuant to s.
10 163.3191 s. 163.3167(2), each county and each municipality shall
11 adopt or amend and enforce land development regulations that are
12 consistent with and implement their adopted comprehensive plan.
13 Section 2. Subsection (12) is added to section 212.098,
14 Florida Statutes, to read:
15 212.098 Rural Job Tax Credit Program.—
16 (12) A new or existing eligible business that receives a
17 tax credit under subsection (2) or subsection (3) is eligible
18 for a tax refund of up to 50 percent of the amount of sales tax
19 on purchases of electricity paid by the business during the 1
20 year period after the date the credit is received. The total
21 amount of tax refunds approved pursuant to this subsection may
22 not exceed $600,000 during any calendar year. The department may
23 adopt rules to administer this subsection.
24 Section 3. Paragraph (a) of subsection (2) of section
25 288.0001, Florida Statutes, is amended to read:
26 288.0001 Economic Development Programs Evaluation.—The
27 Office of Economic and Demographic Research and the Office of
28 Program Policy Analysis and Government Accountability (OPPAGA)
29 shall develop and present to the Governor, the President of the
30 Senate, the Speaker of the House of Representatives, and the
31 chairs of the legislative appropriations committees the Economic
32 Development Programs Evaluation.
33 (2) The Office of Economic and Demographic Research and
34 OPPAGA shall provide a detailed analysis of economic development
35 programs as provided in the following schedule:
36 (a) By January 1, 2014, and every 3 years thereafter, an
37 analysis of the following:
38 1. The capital investment tax credit established under s.
39 220.191.
40 2. The qualified target industry tax refund established
41 under s. 288.106.
42 3. The brownfield redevelopment bonus refund established
43 under s. 288.107.
44 4. High-impact business performance grants established
45 under s. 288.108.
46 5. The Quick Action Closing Fund established under s.
47 288.1088.
48 6. The Innovation Incentive Program established under s.
49 288.1089.
50 7. Enterprise Zone Program incentives established under ss.
51 212.08(5) and (15), 212.096, 220.181, and 220.182.
52 8. The New Markets Development Program established under
53 ss. 288.991-288.9922.
54 Section 4. Subsections (5) and (6) are added to section
55 288.005, Florida Statutes, to read:
56 288.005 Definitions.—As used in this chapter, the term:
57 (5) “Loan administrator” means an entity statutorily
58 eligible to receive state funds and authorized by the department
59 to make loans under a loan program.
60 (6) “Loan program” means a program established in this
61 chapter to provide appropriated funds to an eligible entity to
62 further a specific state purpose for a limited period of time
63 and with a requirement that such appropriated funds be repaid to
64 the state. The term includes a “loan fund” or “loan pilot
65 program” administered by the department under this chapter.
66 Section 5. Section 288.006, Florida Statutes, is created to
67 read:
68 288.006 General operation of loan programs.—
69 (1) The Legislature intends to promote the goals of
70 accountability and proper stewardship by recipients of loan
71 program funds. This section applies to all loan programs
72 established under this chapter.
73 (2) State funds appropriated for a loan program may be used
74 only by an eligible recipient or loan administrator, and the use
75 of such funds is restricted to the specific state purpose of the
76 loan program, subject to any compensation due to a loan
77 administrator as provided under this chapter. State funds may be
78 awarded directly by the department to an eligible recipient or
79 awarded by the department to a loan administrator. All state
80 funds, including any interest earned, remain state funds unless
81 otherwise stated in the statutory requirements of the loan
82 program.
83 (3)(a) Upon termination of a loan program by the
84 Legislature or by statute, all appropriated funds shall revert
85 to the General Revenue Fund. The department shall pay the entity
86 for any allowable administrative expenses due to the loan
87 administrator as provided under this chapter, unless otherwise
88 required by law.
89 (b) Upon termination of a contract between the department
90 and an eligible recipient or loan administrator, all remaining
91 appropriated funds shall revert to the fund from which the
92 appropriation was made. The department shall become the
93 successor entity for any outstanding loans. Except in the case
94 of the termination of a contract for fraud or a finding that the
95 loan administrator was not meeting the terms of the program, the
96 department shall pay the entity for any allowable administrative
97 expenses due to the loan administrator as provided under this
98 chapter.
99 (c) The eligible recipient or loan administrator to which
100 this subsection applies shall execute all appropriate
101 instruments to reconcile any remaining accounts associated with
102 a terminated loan program or contract. The entity shall execute
103 all appropriate instruments to ensure that the department is
104 authorized to collect all receivables for outstanding loans,
105 including, but not limited to, assignments of promissory notes
106 and mortgages.
107 (4) An eligible recipient or loan administrator must avoid
108 any potential conflict of interest regarding the use of
109 appropriated funds for a loan program. An eligible recipient or
110 loan administrator or a board member, employee, or agent
111 thereof, or an immediate family member of a board member,
112 employee, or agent, may not have a financial interest in an
113 entity that is awarded a loan under a loan program. A loan may
114 not be made to a person or entity if a conflict of interest
115 exists between the parties involved. As used in this subsection,
116 the term “immediate family” means a parent, spouse, child,
117 sibling, grandparent, or grandchild related by blood or
118 marriage.
119 (5) In determining eligibility for an entity applying for
120 the award of funds directly by the department or applying for
121 selection as a loan administrator for a loan program, the
122 department shall evaluate each applicant’s business practices,
123 financial stability, and past performance in other state
124 programs, in addition to the loan program’s statutory
125 requirements. Eligibility of an entity applying to be a
126 recipient or loan administrator may be conditionally granted or
127 denied outright if the department determines that the entity is
128 noncompliant with any law, rule, or program requirement.
129 (6) Recurring use of state funds, including revolving loans
130 or new negotiable instruments, which have been repaid to the
131 loan administrator may be made if the loan program’s statutory
132 structure permits. However, any use of state funds made by a
133 loan administrator remains subject to subsections (2) and (3),
134 and compensation to a loan administrator may not exceed any
135 limitation provided by this chapter.
136 (7) The Auditor General may conduct audits as provided in
137 s. 11.45 to verify that the appropriations under each loan
138 program are expended by the eligible recipient or loan
139 administrator as required for each program. If the Auditor
140 General determines that the appropriations are not expended as
141 required, the Auditor General shall notify the department, which
142 may pursue recovery of the funds. This section does not prevent
143 the department from pursuing recovery of the appropriated loan
144 program funds when necessary to protect the funds or when
145 authorized by law.
146 (8) The department may adopt rules under ss. 120.536(1) and
147 120.54 as necessary to carry out this section.
148 Section 6. Paragraph (b) of subsection (3) of section
149 288.061, Florida Statutes, is amended to read:
150 288.061 Economic development incentive application
151 process.—
152 (3) Within 10 business days after the department receives
153 the submitted economic development incentive application, the
154 executive director shall approve or disapprove the application
155 and issue a letter of certification to the applicant which
156 includes a justification of that decision, unless the business
157 requests an extension of that time.
158 (b) The release of funds for the incentive or incentives
159 awarded to the applicant depends upon the statutory requirements
160 of the particular incentive program, except as provided in
161 subsection (4).
162 Section 7. Subsection (6) of section 288.8013, Florida
163 Statutes, is amended to read:
164 288.8013 Triumph Gulf Coast, Inc.; Recovery Fund; creation;
165 investment.—
166 (6) The Auditor General shall conduct an operational audit
167 of the Recovery Fund and Triumph Gulf Coast, Inc., annually.
168 Triumph Gulf Coast, Inc., shall provide to the Auditor General
169 any detail or supplemental data required.
170 Section 8. Subsection (3) and paragraph (a) of subsection
171 (9) of section 288.8014, Florida Statutes, are amended to read:
172 288.8014 Triumph Gulf Coast, Inc.; organization; board of
173 directors.—
174 (3) Notwithstanding s. 20.052(4)(c), each initial
175 appointment to the board of directors by the Board of Trustees
176 of the State Board of Administration shall serve for a term that
177 ends 4 years after the Legislature appropriates funds to the
178 Recovery Fund. To achieve staggered terms among the members of
179 the board, each initial appointment to the board of directors by
180 the President of the Senate and the Speaker of the House of
181 Representatives shall serve for a term that ends 5 years after
182 the Legislature appropriates funds to the Recovery Fund.
183 Thereafter, each member of the board of directors shall serve
184 for a term of 4 years, except that initially the appointments of
185 the President of the Senate and the Speaker of the House of
186 Representatives each shall serve a term of 2 years to achieve
187 staggered terms among the members of the board. A member is not
188 eligible for reappointment to the board, except, however, any
189 member appointed to fill a vacancy for a term of 2 years or less
190 may be reappointed for an additional term of 4 years. The
191 initial appointments to the board must be made by November 15,
192 2013. Vacancies on the board of directors shall be filled by the
193 officer who originally appointed the member. A vacancy that
194 occurs before the scheduled expiration of the term of the member
195 shall be filled for the remainder of the unexpired term.
196 (9)(a) Triumph Gulf Coast, Inc., is permitted to hire or
197 contract for all staff necessary to the proper execution of its
198 powers and duties to implement this act. The corporation is
199 required to retain:
200 1. An independent certified public accountant licensed in
201 this state pursuant to chapter 473 to inspect the records of and
202 to annually audit the expenditure of the earnings and available
203 principal disbursed by Triumph Gulf Coast, Inc.
204 2. An independent financial advisor to assist Triumph Gulf
205 Coast, Inc., in the development and implementation of a
206 strategic plan consistent with the requirements of this act.
207 3. An economic advisor who will assist in the award
208 process, including the development of priorities, allocation
209 decisions, and the application and process; will assist the
210 board in determining eligibility of award applications and the
211 evaluation and scoring of applications; and will assist in the
212 development of award documentation.
213 4. A legal advisor with expertise in not-for-profit
214 investing and contracting and who is a member of The Florida Bar
215 to assist with contracting and carrying out the intent of this
216 act.
217 Section 9. Subsection (7) of section 288.987, Florida
218 Statutes, is amended to read:
219 288.987 Florida Defense Support Task Force.—
220 (7) The department shall contract with the task force for
221 expenditure of appropriated funds, which may be used by the task
222 force for economic and product research and development, joint
223 planning with host communities to accommodate military missions
224 and prevent base encroachment, advocacy on the state’s behalf
225 with federal civilian and military officials, assistance to
226 school districts in providing a smooth transition for large
227 numbers of additional military-related students, job training
228 and placement for military spouses in communities with high
229 proportions of active duty military personnel, and promotion of
230 the state to military and related contractors and employers. The
231 task force may annually spend up to $250,000 $200,000 of funds
232 appropriated to the department for the task force for staffing
233 and administrative expenses of the task force, including travel
234 and per diem costs incurred by task force members who are not
235 otherwise eligible for state reimbursement.
236 Section 10. Section 290.0411, Florida Statutes, is amended
237 to read:
238 290.0411 Legislative intent and purpose of ss. 290.0401
239 290.048.—It is the intent of the Legislature to provide the
240 necessary means to develop, preserve, redevelop, and revitalize
241 Florida communities exhibiting signs of decline, or distress, or
242 economic need by enabling local governments to undertake the
243 necessary community and economic development programs. The
244 overall objective is to create viable communities by eliminating
245 slum and blight, fortifying communities in urgent need,
246 providing decent housing and suitable living environments, and
247 expanding economic opportunities, principally for persons of low
248 or moderate income. The purpose of ss. 290.0401-290.048 is to
249 assist local governments in carrying out effective community and
250 economic development and project planning and design activities
251 to arrest and reverse community decline and restore community
252 vitality. Community and economic development and project
253 planning activities to maintain viable communities, revitalize
254 existing communities, expand economic development and employment
255 opportunities, and improve housing conditions and expand housing
256 opportunities, providing direct benefit to persons of low or
257 moderate income, are the primary purposes of ss. 290.0401
258 290.048. The Legislature, therefore, declares that the
259 development, redevelopment, preservation, and revitalization of
260 communities in this state and all the purposes of ss. 290.0401
261 290.048 are public purposes for which public money may be
262 borrowed, expended, loaned, pledged to guarantee loans, and
263 granted.
264 Section 11. Section 290.044, Florida Statutes, is amended
265 to read:
266 290.044 Florida Small Cities Community Development Block
267 Grant Program Fund; administration; distribution.—
268 (1) The Florida Small Cities Community Development Block
269 Grant Program Fund is created. All revenue designated for
270 deposit in such fund shall be deposited by the appropriate
271 agency. The department shall administer this fund as a grant and
272 loan guarantee program for carrying out the purposes of ss.
273 290.0401-290.048.
274 (2) The department shall distribute such funds as loan
275 guarantees and grants to eligible local governments on the basis
276 of a competitive selection process established by rule.
277 (3) The department shall require applicants for grants to
278 compete against each other in the following grant program
279 categories:
280 (a) Housing rehabilitation.
281 (b) Economic development.
282 (c) Neighborhood revitalization.
283 (d) Commercial revitalization.
284 (4)(3) The department shall define the broad community
285 development objectives objective to be achieved by the
286 activities in each of the following grant program categories
287 with the use of funds from the Florida Small Cities Community
288 Development Block Grant Program Fund. Such objectives shall be
289 designed to meet at least one of the national objectives
290 provided in the Housing and Community Development Act of 1974,
291 and require applicants for grants to compete against each other
292 in these grant program categories:
293 (a) Housing.
294 (b) Economic development.
295 (c) Neighborhood revitalization.
296 (d) Commercial revitalization.
297 (e) Project planning and design.
298 (5)(4) The department may set aside an amount of up to 5
299 percent of the funds annually for use in any eligible local
300 government jurisdiction for which an emergency or natural
301 disaster has been declared by executive order. Such funds may
302 only be provided to a local government to fund eligible
303 emergency-related activities for which no other source of
304 federal, state, or local disaster funds is available. The
305 department may provide for such set-aside by rule. In the last
306 quarter of the state fiscal year, any funds not allocated under
307 the emergency-related set-aside shall be distributed to unfunded
308 applications from the most recent funding cycle.
309 (6)(5) The department shall establish a system of
310 monitoring grants, including site visits, to ensure the proper
311 expenditure of funds and compliance with the conditions of the
312 recipient’s contract. The department shall establish criteria
313 for implementation of internal control, to include, but not be
314 limited to, the following measures:
315 (a) Ensuring that subrecipient audits performed by a
316 certified public accountant are received and responded to in a
317 timely manner.
318 (b) Establishing a uniform system of monitoring that
319 documents appropriate followup as needed.
320 (c) Providing specific justification for contract
321 amendments that takes into account any change in contracted
322 activities and the resultant cost adjustments which shall be
323 reflected in the amount of the grant.
324 Section 12. Section 290.046, Florida Statutes, is amended
325 to read:
326 290.046 Applications for grants; procedures; requirements.—
327 (1) In applying for a grant under a specific program
328 category, an applicant shall propose eligible activities that
329 directly address the objectives objective of that program
330 category.
331 (2)(a) Except for applications for economic development
332 grants as provided in subparagraph (b)1. paragraph (c), an each
333 eligible local government may submit one an application for a
334 grant under either the housing program category or the
335 neighborhood revitalization program category during each
336 application annual funding cycle. An applicant may not receive
337 more than one grant in any state fiscal year from any of the
338 following categories: housing, neighborhood revitalization, or
339 commercial revitalization.
340 (b)1. An Except as provided in paragraph (c), each eligible
341 local government may apply up to three times in any one annual
342 funding cycle for an economic development a grant under the
343 economic development program category but may not shall receive
344 no more than one such grant per annual funding cycle. A local
345 government may have more than one open economic development
346 grant Applications for grants under the economic development
347 program category may be submitted at any time during the annual
348 funding cycle, and such grants shall be awarded no less
349 frequently than three times per funding cycle.
350 2. The department shall establish minimum criteria
351 pertaining to the number of jobs created for persons of low or
352 moderate income, the degree of private sector financial
353 commitment, and the economic feasibility of the proposed project
354 and shall establish any other criteria the department deems
355 appropriate. Assistance to a private, for-profit business may
356 not be provided from a grant award unless sufficient evidence
357 exists to demonstrate that without such public assistance the
358 creation or retention of such jobs would not occur.
359 (c)1. A local government governments with an open housing
360 rehabilitation, neighborhood revitalization, or commercial
361 revitalization contract is shall not be eligible to apply for
362 another housing rehabilitation, neighborhood revitalization, or
363 commercial revitalization grant until administrative closeout of
364 its their existing contract. The department shall notify a local
365 government of administrative closeout or of any outstanding
366 closeout issues within 45 days after of receipt of a closeout
367 package from the local government. A local government
368 governments with an open housing rehabilitation, neighborhood
369 revitalization, or commercial revitalization community
370 development block grant contract whose activities are on
371 schedule in accordance with the expenditure rates and
372 accomplishments described in the contract may apply for an
373 economic development grant.
374 2. A local government governments with an open economic
375 development community development block grant contract whose
376 activities are on schedule in accordance with the expenditure
377 rates and accomplishments described in the contract may apply
378 for a housing rehabilitation, or neighborhood revitalization, or
379 and a commercial revitalization community development block
380 grant. A local government governments with an open economic
381 development contract whose activities are on schedule in
382 accordance with the expenditure rates and accomplishments
383 described in the contract may receive no more than one
384 additional economic development grant in each fiscal year.
385 (d) Beginning October 1, 1988, The department may not shall
386 award a no grant until it the department has conducted
387 determined, based upon a site visit to verify the information
388 contained in the local government’s application, that the
389 proposed area matches and adheres to the written description
390 contained within the applicant’s request. If, based upon review
391 of the application or a site visit, the department determines
392 that any information provided in the application which affects
393 eligibility or scoring has been misrepresented, the applicant’s
394 request shall be rejected by the department pursuant to s.
395 290.0475(7). Mathematical errors in applications which may be
396 discovered and corrected by readily computing available numbers
397 or formulas provided in the application shall not be a basis for
398 such rejection.
399 (3)(a) The department shall rank each application received
400 during the application cycle according to criteria established
401 by rule. The ranking system shall include a procedure to
402 eliminate or reduce any population-related bias that places
403 exceptionally small communities at a disadvantage in the
404 competition for funds Each application shall be ranked
405 competitively based on community need and program impact.
406 Community need shall be weighted 25 percent. Program impact
407 shall be weighted 65 percent. Outstanding performance in equal
408 opportunity employment and housing shall be weighted 10 percent.
409 (b) Funds shall be distributed according to the rankings
410 established in each application cycle. If economic development
411 funds remain available after the application cycle closes, the
412 remaining funds shall be awarded to eligible projects on a
413 first-come, first-served basis until such funds are fully
414 obligated The criteria used to measure community need shall
415 include, at a minimum, indicators of the extent of poverty in
416 the community and the condition of physical structures. Each
417 application, regardless of the program category for which it is
418 being submitted, shall be scored competitively on the same
419 community need criteria. In recognition of the benefits
420 resulting from the receipt of grant funds, the department shall
421 provide for the reduction of community need scores for specified
422 increments of grant funds provided to a local government since
423 the state began using the most recent census data. In the year
424 in which new census data are first used, no such reduction shall
425 occur.
426 (c) The application’s program impact score, equal
427 employment opportunity and fair housing score, and communitywide
428 needs score may take into consideration scoring factors,
429 including, but not limited to, unemployment, poverty levels,
430 low-income and moderate-income populations, benefits to low
431 income and moderate-income residents, use of minority-owned and
432 woman-owned business enterprises in previous grants, health and
433 safety issues, and the condition of physical structures The
434 criteria used to measure the impact of an applicant’s proposed
435 activities shall include, at a minimum, indicators of the direct
436 benefit received by persons of low income and persons of
437 moderate income, the extent to which the problem identified is
438 addressed by the proposed activities, and the extent to which
439 resources other than the funds being applied for under this
440 program are being used to carry out the proposed activities.
441 (d) Applications shall be scored competitively on program
442 impact criteria that are uniquely tailored to the community
443 development objective established in each program category. The
444 criteria used to measure the direct benefit to persons of low
445 income and persons of moderate income shall represent no less
446 than 42 percent of the points assigned to the program impact
447 factor. For the housing and neighborhood revitalization
448 categories, the department shall also include the following
449 criteria in the scoring of applications:
450 1. The proportion of very-low-income and low-income
451 households served.
452 2. The degree to which improvements are related to the
453 health and safety of the households served.
454 (4) An applicant for a neighborhood revitalization or
455 commercial revitalization grant shall demonstrate that its
456 activities are to be carried out in distinct service areas which
457 are characterized by the existence of slums or blighted
458 conditions, or by the concentration of persons of low or
459 moderate income.
460 (4)(5) In order to provide citizens with information
461 concerning an applicant’s proposed project, the applicant shall
462 make available to the public information concerning the amounts
463 of funds available for various activities and the range of
464 activities that may be undertaken. In addition, the applicant
465 shall hold a minimum of two public hearings in the local
466 jurisdiction within which the project is to be implemented to
467 obtain the views of citizens before submitting the final
468 application to the department. The applicant shall conduct the
469 initial hearing to solicit public input concerning community
470 needs, inform the public about funding opportunities available
471 to address community needs, and discuss activities that may be
472 undertaken. Before a second public hearing is held, the
473 applicant must publish a summary of the proposed application
474 that provides citizens with an opportunity to examine the
475 contents of the application and to submit comments. The
476 applicant shall conduct a second hearing to obtain comments from
477 citizens concerning the proposed application and to modify the
478 proposed application if appropriate program before an
479 application is submitted to the department, the applicant shall:
480 (a) Make available to the public information concerning the
481 amounts of funds available for various activities and the range
482 of activities that may be undertaken.
483 (b) Hold at least one public hearing to obtain the views of
484 citizens on community development needs.
485 (c) Develop and publish a summary of the proposed
486 application that will provide citizens with an opportunity to
487 examine its contents and submit their comments.
488 (d) Consider any comments and views expressed by citizens
489 on the proposed application and, if appropriate, modify the
490 proposed application.
491 (e) Hold at least one public hearing in the jurisdiction
492 within which the project is to be implemented to obtain the
493 views of citizens on the final application prior to its
494 submission to the department.
495 (5)(6) The local government may shall establish a citizen
496 advisory task force composed of citizens in the jurisdiction in
497 which the proposed project is to be implemented to provide input
498 relative to all phases of the project process. The local
499 government must obtain consent from the department for any other
500 type of citizen participation plan upon a showing that such plan
501 is better suited to secure citizen participation for that
502 locality.
503 (6)(7) The department shall, before prior to approving an
504 application for a grant, determine that the applicant has the
505 administrative capacity to carry out the proposed activities and
506 has performed satisfactorily in carrying out past activities
507 funded by community development block grants. The evaluation of
508 past performance shall take into account procedural aspects of
509 previous grants as well as substantive results. If the
510 department determines that any applicant has failed to
511 accomplish substantially the results it proposed in its last
512 previously funded application, it may prohibit the applicant
513 from receiving a grant or may penalize the applicant in the
514 rating of the current application. An No application for grant
515 funds may not be denied solely upon the basis of the past
516 performance of the eligible applicant.
517 Section 13. Subsections (3) and (6) of section 290.047,
518 Florida Statutes, are amended to read:
519 290.047 Establishment of grant ceilings and maximum
520 administrative cost percentages; elimination of population bias;
521 loans in default.—
522 (3) The maximum percentage of block grant funds that can be
523 spent on administrative costs by an eligible local government
524 shall be 15 percent for the housing rehabilitation program
525 category, 8 percent for both the neighborhood and the commercial
526 revitalization program categories, and 8 percent for the
527 economic development program category. The maximum amount of
528 block grant funds that may be spent on administrative costs by
529 an eligible local government for the economic development
530 program category is $120,000. The purpose of the ceiling is to
531 maximize the amount of block grant funds actually going toward
532 the redevelopment of the area. The department will continue to
533 encourage eligible local governments to consider ways to limit
534 the amount of block grant funds used for administrative costs,
535 consistent with the need for prudent management and
536 accountability in the use of public funds. However, this
537 subsection does shall not be construed, however, to prohibit
538 eligible local governments from contributing their own funds or
539 making in-kind contributions to cover administrative costs which
540 exceed the prescribed ceilings, provided that all such
541 contributions come from local government resources other than
542 Community Development Block Grant funds.
543 (6) The maximum amount percentage of block grant funds that
544 may be spent on engineering and architectural costs by an
545 eligible local government shall be determined in accordance with
546 a method schedule adopted by the department by rule. Any such
547 method schedule so adopted shall be consistent with the schedule
548 used by the United States Farmer’s Home Administration as
549 applied to projects in Florida or another comparable schedule as
550 amended.
551 Section 14. Section 290.0475, Florida Statutes, is amended
552 to read:
553 290.0475 Rejection of grant applications; penalties for
554 failure to meet application conditions.—Applications are
555 ineligible received for funding if under all program categories
556 shall be rejected without scoring only in the event that any of
557 the following circumstances arise:
558 (1) The application is not received by the department by
559 the application deadline;.
560 (2) The proposed project does not meet one of the three
561 national objectives as contained in federal and state
562 legislation;.
563 (3) The proposed project is not an eligible activity as
564 contained in the federal legislation;.
565 (4) The application is not consistent with the local
566 government’s comprehensive plan adopted pursuant to s.
567 163.3184;.
568 (5) The applicant has an open community development block
569 grant, except as provided in s. 290.046(2)(b) and (c) and
570 department rules; 290.046(2)(c).
571 (6) The local government is not in compliance with the
572 citizen participation requirements prescribed in ss. 104(a)(1)
573 and (2) and 106(d)(5)(c) of Title I of the Housing and Community
574 Development Act of 1974, s. 290.046(4), 1984 and department
575 rules; or.
576 (7) Any information provided in the application that
577 affects eligibility or scoring is found to have been
578 misrepresented, and the information is not a mathematical error
579 which may be discovered and corrected by readily computing
580 available numbers or formulas provided in the application.
581 Section 15. Subsection (5) of section 290.048, Florida
582 Statutes, is amended to read:
583 290.048 General powers of department under ss. 290.0401
584 290.048.—The department has all the powers necessary or
585 appropriate to carry out the purposes and provisions of the
586 program, including the power to:
587 (5) Adopt and enforce strict requirements concerning an
588 applicant’s written description of a service area. Each such
589 description shall contain maps which illustrate the location of
590 the proposed service area. All such maps must be clearly legible
591 and must:
592 (a) Contain a scale which is clearly marked on the map.
593 (b) Show the boundaries of the locality.
594 (c) Show the boundaries of the service area where the
595 activities will be concentrated.
596 (d) Display the location of all proposed area activities.
597 (e) Include the names of streets, route numbers, or easily
598 identifiable landmarks where all service activities are located.
599 Section 16. Subsections (5) and (8) of section 331.3051,
600 Florida Statutes, are amended to read:
601 331.3051 Duties of Space Florida.—Space Florida shall:
602 (5) Consult with the Florida Tourism Industry Marketing
603 Corporation Enterprise Florida, Inc., in developing a space
604 tourism marketing plan. Space Florida and the Florida Tourism
605 Industry Marketing Corporation Enterprise Florida, Inc., may
606 enter into a mutually beneficial agreement that provides funding
607 to the corporation Enterprise Florida, Inc., for its services to
608 implement this subsection.
609 (8) Carry out its responsibility for research and
610 development by:
611 (a) Contracting for the operations of the state’s Space
612 Life Sciences Laboratory.
613 (b) Working in collaboration with one or more public or
614 private universities and other public or private entities to
615 develop a proposal for a Center of Excellence for Aerospace that
616 will foster and promote the research necessary to develop
617 commercially promising, advanced, and innovative science and
618 technology and will transfer those discoveries to the commercial
619 sector. This may include developing a proposal to establish a
620 Center of Excellence for Aerospace.
621 (c) Supporting universities in this state that are members
622 of the Federal Aviation Administration’s Center of Excellence
623 for Commercial Space Transportation to assure a safe,
624 environmentally compatible, and efficient commercial space
625 transportation system in this state.
626 Section 17. Section 331.371, Florida Statutes, is created
627 to read:
628 331.371 Strategic space infrastructure investment.—In
629 consultation with Space Florida, the Department of
630 Transportation may fund strategic spaceport launch support
631 facilities investment projects, as defined in s. 331.303, at up
632 to 100 percent of the project’s cost if:
633 (1) Important access and on-spaceport and commercial launch
634 facility capacity improvements are provided;
635 (2) Capital improvements that strategically position the
636 state to maximize opportunities in international trade are
637 achieved;
638 (3) Goals of an integrated intermodal transportation system
639 for the state are achieved; and
640 (4) Feasibility and availability of matching funds through
641 federal, local, or private partners are demonstrated.
642 Section 18. Subsection (26) of section 443.036, Florida
643 Statutes, is repealed.
644 Section 19. Paragraph (c) of subsection (1) of section
645 443.091, Florida Statutes, is amended to read:
646 443.091 Benefit eligibility conditions.—
647 (1) An unemployed individual is eligible to receive
648 benefits for any week only if the Department of Economic
649 Opportunity finds that:
650 (c) To make continued claims for benefits, she or he is
651 reporting to the department in accordance with this paragraph
652 and department rules, and participating in an initial skills
653 review, as directed by the department. Department rules may not
654 conflict with s. 443.111(1)(b), which requires that each
655 claimant continue to report regardless of any pending appeal
656 relating to her or his eligibility or disqualification for
657 benefits.
658 1. For each week of unemployment claimed, each report must,
659 at a minimum, include the name, address, and telephone number of
660 each prospective employer contacted, or the date the claimant
661 reported to a one-stop career center, pursuant to paragraph (d).
662 2. The department must offer an online assessment that
663 serves to identify an individual’s skills, abilities, and career
664 aptitude. The skills assessment must be voluntary, and the
665 department must allow a claimant to choose whether to take the
666 skills assessment. The online assessment shall be made available
667 to any person seeking services from a regional workforce board
668 or a one-stop career center The administrator or operator of the
669 initial skills review shall notify the department when the
670 individual completes the initial skills review and report the
671 results of the review to the regional workforce board or the
672 one-stop career center as directed by the workforce board. The
673 department shall prescribe a numeric score on the initial skills
674 review that demonstrates a minimal proficiency in workforce
675 skills.
676 a. If the claimant chooses to take the online assessment,
677 the outcome of the assessment must be made available to the
678 claimant, regional workforce board, and one-stop career center.
679 The department, workforce board, or one-stop career center shall
680 use the assessment initial skills review to develop a plan for
681 referring individuals to training and employment opportunities.
682 Aggregate data on assessment outcomes may be made available to
683 Workforce Florida, Inc., and Enterprise Florida, Inc., for use
684 in the development of policies related to education and training
685 programs that will ensure that businesses in this state have
686 access to a skilled and competent workforce The failure of the
687 individual to comply with this requirement will result in the
688 individual being determined ineligible for benefits for the week
689 in which the noncompliance occurred and for any subsequent week
690 of unemployment until the requirement is satisfied. However,
691 this requirement does not apply if the individual is exempt from
692 the work registration requirement as set forth in paragraph (b).
693 b.3. Individuals Any individual who falls below the minimal
694 proficiency score prescribed by the department in subparagraph
695 2. on the initial skills review shall be informed of and offered
696 services through the one-stop delivery system, including career
697 counseling, provision of skill match and job market information,
698 and skills upgrade and other training opportunities, and shall
699 be encouraged to participate in such services training at no
700 cost to the individuals individual in order to improve his or
701 her workforce skills to the minimal proficiency level.
702 4. The department shall coordinate with Workforce Florida,
703 Inc., the workforce boards, and the one-stop career centers to
704 identify, develop, and use utilize best practices for improving
705 the skills of individuals who choose to participate in skills
706 upgrade and other training opportunities. The department may
707 contract with an entity to create the online assessment in
708 accordance with the competitive bidding requirements in s.
709 287.057. The online assessment must work seamlessly with the
710 Reemployment Assistance Claims and Benefits Information System
711 and who have a minimal proficiency score below the score
712 prescribed in subparagraph 2.
713 5. The department, in coordination with Workforce Florida,
714 Inc., the workforce boards, and the one-stop career centers,
715 shall evaluate the use, effectiveness, and costs associated with
716 the training prescribed in subparagraph 3. and report its
717 findings and recommendations for training and the use of best
718 practices to the Governor, the President of the Senate, and the
719 Speaker of the House of Representatives by January 1, 2013.
720 Section 20. Subsections (1), (2), and (5) of section
721 443.1116, Florida Statutes, are amended to read:
722 443.1116 Short-time compensation.—
723 (1) DEFINITIONS.—As used in this section, the term:
724 (a) “Affected unit” means a specified plant, department,
725 shift, or other definable unit of two or more employees
726 designated by the employer to participate in a short-time
727 compensation plan.
728 (b) “Employer-sponsored training” means a training
729 component sponsored by an employer to improve the skills of the
730 employer’s workers.
731 (c)(b) “Normal weekly hours of work” means the number of
732 hours in a week that an individual would regularly work for the
733 short-time compensation employer, not to exceed 40 hours,
734 excluding overtime.
735 (d)(c) “Short-time compensation benefits” means benefits
736 payable to individuals in an affected unit under an approved
737 short-time compensation plan.
738 (e)(d) “Short-time compensation employer” means an employer
739 with a short-time compensation plan in effect.
740 (f)(e) “Short-time compensation plan” or “plan” means an
741 employer’s written plan for reducing unemployment under which an
742 affected unit shares the work remaining after its normal weekly
743 hours of work are reduced.
744 (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer
745 wishing to participate in the short-time compensation program
746 must submit a signed, written, short-time plan to the Department
747 of Economic Opportunity for approval. The director or his or her
748 designee shall approve the plan if:
749 (a) The plan applies to and identifies each specific
750 affected unit;
751 (b) The individuals in the affected unit are identified by
752 name and social security number;
753 (c) The normal weekly hours of work for individuals in the
754 affected unit are reduced by at least 10 percent and by not more
755 than 40 percent;
756 (d) The plan includes a certified statement by the employer
757 that the aggregate reduction in work hours is in lieu of
758 temporary layoffs that would affect at least 10 percent of the
759 employees in the affected unit and that would have resulted in
760 an equivalent reduction in work hours;
761 (e) The plan applies to at least 10 percent of the
762 employees in the affected unit;
763 (f) The plan is approved in writing by the collective
764 bargaining agent for each collective bargaining agreement
765 covering any individual in the affected unit;
766 (g) The plan does not serve as a subsidy to seasonal
767 employers during the off-season or as a subsidy to employers who
768 traditionally use part-time employees; and
769 (h) The plan certifies that, if the employer provides
770 fringe benefits to any employee whose workweek is reduced under
771 the program, the fringe benefits will continue to be provided to
772 the employee participating in the short-time compensation
773 program under the same terms and conditions as though the
774 workweek of such employee had not been reduced or to the same
775 extent as other employees not participating in the short-time
776 compensation program the manner in which the employer will treat
777 fringe benefits of the individuals in the affected unit if the
778 hours of the individuals are reduced to less than their normal
779 weekly hours of work. As used in this paragraph, the term
780 “fringe benefits” includes, but is not limited to, health
781 insurance, retirement benefits under defined benefit pension
782 plans as defined in subsection 35 of s. 1002 of the Employee
783 Retirement Income Security Act of 1974, 29 U.S.C., contributions
784 under a defined contribution plan as defined in s. 414(i) of the
785 Internal Revenue Code, paid vacation and holidays, and sick
786 leave;.
787 (i) The plan describes the manner in which the requirements
788 of this subsection will be implemented, including a plan for
789 giving notice, if feasible, to an employee whose workweek is to
790 be reduced, together with an estimate of the number of layoffs
791 that would have occurred absent the ability to participate in
792 short-time compensation; and
793 (j) The terms of the employer’s written plan and
794 implementation are consistent with employer obligations under
795 applicable federal laws and laws of this state.
796 (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION
797 BENEFITS.—
798 (a) Except as provided in this subsection, an individual is
799 eligible to receive short-time compensation benefits for any
800 week only if she or he complies with this chapter and the
801 Department of Economic Opportunity finds that:
802 1. The individual is employed as a member of an affected
803 unit in an approved plan that was approved before the week and
804 is in effect for the week;
805 2. The individual is able to work and is available for
806 additional hours of work or for full-time work with the short
807 time employer; and
808 3. The normal weekly hours of work of the individual are
809 reduced by at least 10 percent but not by more than 40 percent,
810 with a corresponding reduction in wages.
811 (b) The department may not deny short-time compensation
812 benefits to an individual who is otherwise eligible for these
813 benefits for any week by reason of the application of any
814 provision of this chapter relating to availability for work,
815 active search for work, or refusal to apply for or accept work
816 from other than the short-time compensation employer of that
817 individual.
818 (c) The department may not deny short-time compensation
819 benefits to an individual who is otherwise eligible for these
820 benefits for any week because such individual is participating
821 in an employer-sponsored training or a training under the
822 Workforce Investment Act to improve job skills when the training
823 is approved by the department.
824 (d)(c) Notwithstanding any other provision of this chapter,
825 an individual is deemed unemployed in any week for which
826 compensation is payable to her or him, as an employee in an
827 affected unit, for less than her or his normal weekly hours of
828 work in accordance with an approved short-time compensation plan
829 in effect for the week.
830 Section 21. Paragraph (f) of subsection (1) of section
831 443.141, Florida Statutes, is amended to read:
832 443.141 Collection of contributions and reimbursements.—
833 (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
834 ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
835 (f) Payments for 2012, 2013, and 2014 contributions.—For an
836 annual administrative fee not to exceed $5, a contributing
837 employer may pay its quarterly contributions due for wages paid
838 in the first three quarters of each year of 2012, 2013, and 2014
839 in equal installments if those contributions are paid as
840 follows:
841 1. For contributions due for wages paid in the first
842 quarter of each year, one-fourth of the contributions due must
843 be paid on or before April 30, one-fourth must be paid on or
844 before July 31, one-fourth must be paid on or before October 31,
845 and one-fourth must be paid on or before December 31.
846 2. In addition to the payments specified in subparagraph
847 1., for contributions due for wages paid in the second quarter
848 of each year, one-third of the contributions due must be paid on
849 or before July 31, one-third must be paid on or before October
850 31, and one-third must be paid on or before December 31.
851 3. In addition to the payments specified in subparagraphs
852 1. and 2., for contributions due for wages paid in the third
853 quarter of each year, one-half of the contributions due must be
854 paid on or before October 31, and one-half must be paid on or
855 before December 31.
856 4. The annual administrative fee assessed for electing to
857 pay under the installment method shall be collected at the time
858 the employer makes the first installment payment each year. The
859 fee shall be segregated from the payment and deposited into the
860 Operating Trust Fund of the Department of Revenue.
861 5. Interest does not accrue on any contribution that
862 becomes due for wages paid in the first three quarters of each
863 year if the employer pays the contribution in accordance with
864 subparagraphs 1.-4. Interest and fees continue to accrue on
865 prior delinquent contributions and commence accruing on all
866 contributions due for wages paid in the first three quarters of
867 each year which are not paid in accordance with subparagraphs
868 1.-3. Penalties may be assessed in accordance with this chapter.
869 The contributions due for wages paid in the fourth quarter of
870 2012, 2013, and 2014 are not affected by this paragraph and are
871 due and payable in accordance with this chapter.
872 Section 22. Paragraph (a) of subsection (2) of section
873 443.151, Florida Statutes, is amended to read:
874 443.151 Procedure concerning claims.—
875 (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
876 CLAIMANTS AND EMPLOYERS.—
877 (a) In general.—Initial and continued claims for benefits
878 must be made by approved electronic or alternate means and in
879 accordance with rules adopted by the Department of Economic
880 Opportunity. The department shall provide alternative means,
881 such as by telephone, for filing initial and continued claims if
882 the department determines access to the approved electronic
883 means is or will be unavailable and also must provide public
884 notice of such unavailability. The department must notify
885 claimants and employers regarding monetary and nonmonetary
886 determinations of eligibility. Investigations of issues raised
887 in connection with a claimant which may affect a claimant’s
888 eligibility for benefits or charges to an employer’s employment
889 record shall be conducted by the department through written,
890 telephonic, or electronic means as prescribed by rule.
891 Section 23. Subsection (1) of section 125.271, Florida
892 Statutes, is amended to read:
893 125.271 Emergency medical services; county emergency
894 medical service assessments.—
895 (1) As used in this section, the term “county” means:
896 (a) A county that is within a rural area of opportunity
897 critical economic concern as designated by the Governor pursuant
898 to s. 288.0656;
899 (b) A small county having a population of 75,000 or fewer
900 on the effective date of this act which has levied at least 10
901 mills of ad valorem tax for the previous fiscal year; or
902 (c) A county that adopted an ordinance authorizing the
903 imposition of an assessment for emergency medical services prior
904 to January 1, 2002.
905
906 Once a county has qualified under this subsection, it always
907 retains the qualification.
908 Section 24. Paragraphs (a), (b), and (e) of subsection (7)
909 of section 163.3177, Florida Statutes, are amended to read:
910 163.3177 Required and optional elements of comprehensive
911 plan; studies and surveys.—
912 (7)(a) The Legislature finds that:
913 1. There are a number of rural agricultural industrial
914 centers in the state that process, produce, or aid in the
915 production or distribution of a variety of agriculturally based
916 products, including, but not limited to, fruits, vegetables,
917 timber, and other crops, and juices, paper, and building
918 materials. Rural agricultural industrial centers have a
919 significant amount of existing associated infrastructure that is
920 used for processing, producing, or distributing agricultural
921 products.
922 2. Such rural agricultural industrial centers are often
923 located within or near communities in which the economy is
924 largely dependent upon agriculture and agriculturally based
925 products. The centers significantly enhance the economy of such
926 communities. However, these agriculturally based communities are
927 often socioeconomically challenged and designated as rural areas
928 of opportunity critical economic concern. If such rural
929 agricultural industrial centers are lost and not replaced with
930 other job-creating enterprises, the agriculturally based
931 communities will lose a substantial amount of their economies.
932 3. The state has a compelling interest in preserving the
933 viability of agriculture and protecting rural agricultural
934 communities and the state from the economic upheaval that would
935 result from short-term or long-term adverse changes in the
936 agricultural economy. To protect these communities and promote
937 viable agriculture for the long term, it is essential to
938 encourage and permit diversification of existing rural
939 agricultural industrial centers by providing for jobs that are
940 not solely dependent upon, but are compatible with and
941 complement, existing agricultural industrial operations and to
942 encourage the creation and expansion of industries that use
943 agricultural products in innovative ways. However, the expansion
944 and diversification of these existing centers must be
945 accomplished in a manner that does not promote urban sprawl into
946 surrounding agricultural and rural areas.
947 (b) As used in this subsection, the term “rural
948 agricultural industrial center” means a developed parcel of land
949 in an unincorporated area on which there exists an operating
950 agricultural industrial facility or facilities that employ at
951 least 200 full-time employees in the aggregate and process and
952 prepare for transport a farm product, as defined in s. 163.3162,
953 or any biomass material that could be used, directly or
954 indirectly, for the production of fuel, renewable energy,
955 bioenergy, or alternative fuel as defined by law. The center may
956 also include land contiguous to the facility site which is not
957 used for the cultivation of crops, but on which other existing
958 activities essential to the operation of such facility or
959 facilities are located or conducted. The parcel of land must be
960 located within, or within 10 miles of, a rural area of
961 opportunity critical economic concern.
962 (e) Nothing in This subsection does not shall be construed
963 to confer the status of rural area of opportunity critical
964 economic concern, or any of the rights or benefits derived from
965 such status, on any land area not otherwise designated as such
966 pursuant to s. 288.0656(7).
967 Section 25. Subsection (3) of section 163.3187, Florida
968 Statutes, is amended to read:
969 163.3187 Process for adoption of small-scale comprehensive
970 plan amendment.—
971 (3) If the small scale development amendment involves a
972 site within a rural area of opportunity critical economic
973 concern as defined under s. 288.0656(2)(d) for the duration of
974 such designation, the 10-acre limit listed in subsection (1)
975 shall be increased by 100 percent to 20 acres. The local
976 government approving the small scale plan amendment shall
977 certify to the Office of Tourism, Trade, and Economic
978 Development that the plan amendment furthers the economic
979 objectives set forth in the executive order issued under s.
980 288.0656(7), and the property subject to the plan amendment
981 shall undergo public review to ensure that all concurrency
982 requirements and federal, state, and local environmental permit
983 requirements are met.
984 Section 26. Subsection (10) of section 163.3246, Florida
985 Statutes, is amended to read:
986 163.3246 Local government comprehensive planning
987 certification program.—
988 (10) Notwithstanding subsections (2), (4), (5), (6), and
989 (7), any municipality designated as a rural area of opportunity
990 critical economic concern pursuant to s. 288.0656 which is
991 located within a county eligible to levy the Small County Surtax
992 under s. 212.055(3) shall be considered certified during the
993 effectiveness of the designation of rural area of opportunity
994 critical economic concern. The state land planning agency shall
995 provide a written notice of certification to the local
996 government of the certified area, which shall be considered
997 final agency action subject to challenge under s. 120.569. The
998 notice of certification shall include the following components:
999 (a) The boundary of the certification area.
1000 (b) A requirement that the local government submit either
1001 an annual or biennial monitoring report to the state land
1002 planning agency according to the schedule provided in the
1003 written notice. The monitoring report shall, at a minimum,
1004 include the number of amendments to the comprehensive plan
1005 adopted by the local government, the number of plan amendments
1006 challenged by an affected person, and the disposition of those
1007 challenges.
1008 Section 27. Paragraph (a) of subsection (6) of section
1009 211.3103, Florida Statutes, is amended to read:
1010 211.3103 Levy of tax on severance of phosphate rock; rate,
1011 basis, and distribution of tax.—
1012 (6)(a) Beginning July 1 of the 2011-2012 fiscal year, the
1013 proceeds of all taxes, interest, and penalties imposed under
1014 this section are exempt from the general revenue service charge
1015 provided in s. 215.20, and such proceeds shall be paid into the
1016 State Treasury as follows:
1017 1. To the credit of the Conservation and Recreation Lands
1018 Trust Fund, 25.5 percent.
1019 2. To the credit of the General Revenue Fund of the state,
1020 35.7 percent.
1021 3. For payment to counties in proportion to the number of
1022 tons of phosphate rock produced from a phosphate rock matrix
1023 located within such political boundary, 12.8 percent. The
1024 department shall distribute this portion of the proceeds
1025 annually based on production information reported by the
1026 producers on the annual returns for the taxable year. Any such
1027 proceeds received by a county shall be used only for phosphate
1028 related expenses.
1029 4. For payment to counties that have been designated as a
1030 rural area of opportunity critical economic concern pursuant to
1031 s. 288.0656 in proportion to the number of tons of phosphate
1032 rock produced from a phosphate rock matrix located within such
1033 political boundary, 10.0 percent. The department shall
1034 distribute this portion of the proceeds annually based on
1035 production information reported by the producers on the annual
1036 returns for the taxable year. Payments under this subparagraph
1037 shall be made to the counties unless the Legislature by special
1038 act creates a local authority to promote and direct the economic
1039 development of the county. If such authority exists, payments
1040 shall be made to that authority.
1041 5. To the credit of the Nonmandatory Land Reclamation Trust
1042 Fund, 6.2 percent.
1043 6. To the credit of the Phosphate Research Trust Fund in
1044 the Division of Universities of the Department of Education, 6.2
1045 percent.
1046 7. To the credit of the Minerals Trust Fund, 3.6 percent.
1047 Section 28. Paragraph (c) of subsection (1) of section
1048 212.098, Florida Statutes, is amended to read:
1049 212.098 Rural Job Tax Credit Program.—
1050 (1) As used in this section, the term:
1051 (c) “Qualified area” means any area that is contained
1052 within a rural area of opportunity critical economic concern
1053 designated under s. 288.0656, a county that has a population of
1054 fewer than 75,000 persons, or a county that has a population of
1055 125,000 or less and is contiguous to a county that has a
1056 population of less than 75,000, selected in the following
1057 manner: every third year, the Department of Economic Opportunity
1058 shall rank and tier the state’s counties according to the
1059 following four factors:
1060 1. Highest unemployment rate for the most recent 36-month
1061 period.
1062 2. Lowest per capita income for the most recent 36-month
1063 period.
1064 3. Highest percentage of residents whose incomes are below
1065 the poverty level, based upon the most recent data available.
1066 4. Average weekly manufacturing wage, based upon the most
1067 recent data available.
1068 Section 29. Subsection (1) of section 218.67, Florida
1069 Statutes, is amended to read:
1070 218.67 Distribution for fiscally constrained counties.—
1071 (1) Each county that is entirely within a rural area of
1072 opportunity critical economic concern as designated by the
1073 Governor pursuant to s. 288.0656 or each county for which the
1074 value of a mill will raise no more than $5 million in revenue,
1075 based on the taxable value certified pursuant to s.
1076 1011.62(4)(a)1.a., from the previous July 1, shall be considered
1077 a fiscally constrained county.
1078 Section 30. Subsection (1) of section 288.018, Florida
1079 Statutes, is amended to read:
1080 288.018 Regional Rural Development Grants Program.—
1081 (1) The department shall establish a matching grant program
1082 to provide funding to regionally based economic development
1083 organizations representing rural counties and communities for
1084 the purpose of building the professional capacity of their
1085 organizations. Such matching grants may also be used by an
1086 economic development organization to provide technical
1087 assistance to businesses within the rural counties and
1088 communities that it serves. The department is authorized to
1089 approve, on an annual basis, grants to such regionally based
1090 economic development organizations. The maximum amount an
1091 organization may receive in any year will be $50,000 $35,000, or
1092 $150,000 $100,000 in a rural area of opportunity critical
1093 economic concern recommended by the Rural Economic Development
1094 Initiative and designated by the Governor, and must be matched
1095 each year by an equivalent amount of nonstate resources.
1096 Section 31. Paragraphs (a) and (c) of subsection (2) of
1097 section 288.065, Florida Statutes, are amended to read:
1098 288.065 Rural Community Development Revolving Loan Fund.—
1099 (2)(a) The program shall provide for long-term loans, loan
1100 guarantees, and loan loss reserves to units of local
1101 governments, or economic development organizations substantially
1102 underwritten by a unit of local government, within counties with
1103 populations of 75,000 or fewer, or within any county with a
1104 population of 125,000 or fewer which is contiguous to a county
1105 with a population of 75,000 or fewer, based on the most recent
1106 official population estimate as determined under s. 186.901,
1107 including those residing in incorporated areas and those
1108 residing in unincorporated areas of the county, or to units of
1109 local government, or economic development organizations
1110 substantially underwritten by a unit of local government, within
1111 a rural area of opportunity critical economic concern.
1112 (c) All repayments of principal and interest shall be
1113 returned to the loan fund and made available for loans to other
1114 applicants. However, in a rural area of opportunity critical
1115 economic concern designated by the Governor, and upon approval
1116 by the department, repayments of principal and interest may be
1117 retained by the applicant if such repayments are dedicated and
1118 matched to fund regionally based economic development
1119 organizations representing the rural area of opportunity
1120 critical economic concern.
1121 Section 32. Paragraphs (b), (c), and (e) of subsection (2)
1122 of section 288.0655, Florida Statutes, are amended to read:
1123 288.0655 Rural Infrastructure Fund.—
1124 (2)
1125 (b) To facilitate access of rural communities and rural
1126 areas of opportunity critical economic concern as defined by the
1127 Rural Economic Development Initiative to infrastructure funding
1128 programs of the Federal Government, such as those offered by the
1129 United States Department of Agriculture and the United States
1130 Department of Commerce, and state programs, including those
1131 offered by Rural Economic Development Initiative agencies, and
1132 to facilitate local government or private infrastructure funding
1133 efforts, the department may award grants for up to 30 percent of
1134 the total infrastructure project cost. If an application for
1135 funding is for a catalyst site, as defined in s. 288.0656, the
1136 department may award grants for up to 40 percent of the total
1137 infrastructure project cost. Eligible projects must be related
1138 to specific job-creation or job-retention opportunities.
1139 Eligible projects may also include improving any inadequate
1140 infrastructure that has resulted in regulatory action that
1141 prohibits economic or community growth or reducing the costs to
1142 community users of proposed infrastructure improvements that
1143 exceed such costs in comparable communities. Eligible uses of
1144 funds shall include improvements to public infrastructure for
1145 industrial or commercial sites and upgrades to or development of
1146 public tourism infrastructure. Authorized infrastructure may
1147 include the following public or public-private partnership
1148 facilities: storm water systems; telecommunications facilities;
1149 broadband facilities; roads or other remedies to transportation
1150 impediments; nature-based tourism facilities; or other physical
1151 requirements necessary to facilitate tourism, trade, and
1152 economic development activities in the community. Authorized
1153 infrastructure may also include publicly or privately owned
1154 self-powered nature-based tourism facilities, publicly owned
1155 telecommunications facilities, and broadband facilities, and
1156 additions to the distribution facilities of the existing natural
1157 gas utility as defined in s. 366.04(3)(c), the existing electric
1158 utility as defined in s. 366.02, or the existing water or
1159 wastewater utility as defined in s. 367.021(12), or any other
1160 existing water or wastewater facility, which owns a gas or
1161 electric distribution system or a water or wastewater system in
1162 this state where:
1163 1. A contribution-in-aid of construction is required to
1164 serve public or public-private partnership facilities under the
1165 tariffs of any natural gas, electric, water, or wastewater
1166 utility as defined herein; and
1167 2. Such utilities as defined herein are willing and able to
1168 provide such service.
1169 (c) To facilitate timely response and induce the location
1170 or expansion of specific job creating opportunities, the
1171 department may award grants for infrastructure feasibility
1172 studies, design and engineering activities, or other
1173 infrastructure planning and preparation activities. Authorized
1174 grants shall be up to $50,000 for an employment project with a
1175 business committed to create at least 100 jobs; up to $150,000
1176 for an employment project with a business committed to create at
1177 least 300 jobs; and up to $300,000 for a project in a rural area
1178 of opportunity critical economic concern. Grants awarded under
1179 this paragraph may be used in conjunction with grants awarded
1180 under paragraph (b), provided that the total amount of both
1181 grants does not exceed 30 percent of the total project cost. In
1182 evaluating applications under this paragraph, the department
1183 shall consider the extent to which the application seeks to
1184 minimize administrative and consultant expenses.
1185 (e) To enable local governments to access the resources
1186 available pursuant to s. 403.973(18), the department may award
1187 grants for surveys, feasibility studies, and other activities
1188 related to the identification and preclearance review of land
1189 which is suitable for preclearance review. Authorized grants
1190 under this paragraph may shall not exceed $75,000 each, except
1191 in the case of a project in a rural area of opportunity critical
1192 economic concern, in which case the grant may shall not exceed
1193 $300,000. Any funds awarded under this paragraph must be matched
1194 at a level of 50 percent with local funds, except that any funds
1195 awarded for a project in a rural area of opportunity critical
1196 economic concern must be matched at a level of 33 percent with
1197 local funds. If an application for funding is for a catalyst
1198 site, as defined in s. 288.0656, the requirement for local match
1199 may be waived pursuant to the process in s. 288.06561. In
1200 evaluating applications under this paragraph, the department
1201 shall consider the extent to which the application seeks to
1202 minimize administrative and consultant expenses.
1203 Section 33. Paragraphs (a), (b), and (d) of subsection (2)
1204 and subsection (7) of section 288.0656, Florida Statutes, are
1205 amended to read:
1206 288.0656 Rural Economic Development Initiative.—
1207 (2) As used in this section, the term:
1208 (a) “Catalyst project” means a business locating or
1209 expanding in a rural area of opportunity critical economic
1210 concern to serve as an economic generator of regional
1211 significance for the growth of a regional target industry
1212 cluster. The project must provide capital investment on a scale
1213 significant enough to affect the entire region and result in the
1214 development of high-wage and high-skill jobs.
1215 (b) “Catalyst site” means a parcel or parcels of land
1216 within a rural area of opportunity critical economic concern
1217 that has been prioritized as a geographic site for economic
1218 development through partnerships with state, regional, and local
1219 organizations. The site must be reviewed by REDI and approved by
1220 the department for the purposes of locating a catalyst project.
1221 (d) “Rural area of opportunity critical economic concern”
1222 means a rural community, or a region composed of rural
1223 communities, designated by the Governor, which that has been
1224 adversely affected by an extraordinary economic event, severe or
1225 chronic distress, or a natural disaster or that presents a
1226 unique economic development opportunity of regional impact.
1227 (7)(a) REDI may recommend to the Governor up to three rural
1228 areas of opportunity critical economic concern. The Governor may
1229 by executive order designate up to three rural areas of
1230 opportunity critical economic concern which will establish these
1231 areas as priority assignments for REDI as well as to allow the
1232 Governor, acting through REDI, to waive criteria, requirements,
1233 or similar provisions of any economic development incentive.
1234 Such incentives shall include, but are not be limited to,: the
1235 Qualified Target Industry Tax Refund Program under s. 288.106,
1236 the Quick Response Training Program under s. 288.047, the Quick
1237 Response Training Program for participants in the welfare
1238 transition program under s. 288.047(8), transportation projects
1239 under s. 339.2821, the brownfield redevelopment bonus refund
1240 under s. 288.107, and the rural job tax credit program under ss.
1241 212.098 and 220.1895.
1242 (b) Designation as a rural area of opportunity critical
1243 economic concern under this subsection shall be contingent upon
1244 the execution of a memorandum of agreement among the department;
1245 the governing body of the county; and the governing bodies of
1246 any municipalities to be included within a rural area of
1247 opportunity critical economic concern. Such agreement shall
1248 specify the terms and conditions of the designation, including,
1249 but not limited to, the duties and responsibilities of the
1250 county and any participating municipalities to take actions
1251 designed to facilitate the retention and expansion of existing
1252 businesses in the area, as well as the recruitment of new
1253 businesses to the area.
1254 (c) Each rural area of opportunity critical economic
1255 concern may designate catalyst projects, provided that each
1256 catalyst project is specifically recommended by REDI, identified
1257 as a catalyst project by Enterprise Florida, Inc., and confirmed
1258 as a catalyst project by the department. All state agencies and
1259 departments shall use all available tools and resources to the
1260 extent permissible by law to promote the creation and
1261 development of each catalyst project and the development of
1262 catalyst sites.
1263 Section 34. Paragraph (a) of subsection (3) of section
1264 288.1088, Florida Statutes, is amended to read:
1265 288.1088 Quick Action Closing Fund.—
1266 (3)(a) The department and Enterprise Florida, Inc., shall
1267 jointly review applications pursuant to s. 288.061 and determine
1268 the eligibility of each project consistent with the criteria in
1269 subsection (2). Waiver of these criteria may be considered under
1270 the following criteria:
1271 1. Based on extraordinary circumstances;
1272 2. In order to mitigate the impact of the conclusion of the
1273 space shuttle program; or
1274 3. In rural areas of opportunity critical economic concern
1275 if the project would significantly benefit the local or regional
1276 economy.
1277 Section 35. Paragraphs (b), (c), and (d) of subsection (4)
1278 of section 288.1089, Florida Statutes, are amended to read:
1279 288.1089 Innovation Incentive Program.—
1280 (4) To qualify for review by the department, the applicant
1281 must, at a minimum, establish the following to the satisfaction
1282 of the department:
1283 (b) A research and development project must:
1284 1. Serve as a catalyst for an emerging or evolving
1285 technology cluster.
1286 2. Demonstrate a plan for significant higher education
1287 collaboration.
1288 3. Provide the state, at a minimum, a cumulative break-even
1289 economic benefit within a 20-year period.
1290 4. Be provided with a one-to-one match from the local
1291 community. The match requirement may be reduced or waived in
1292 rural areas of opportunity critical economic concern or reduced
1293 in rural areas, brownfield areas, and enterprise zones.
1294 (c) An innovation business project in this state, other
1295 than a research and development project, must:
1296 1.a. Result in the creation of at least 1,000 direct, new
1297 jobs at the business; or
1298 b. Result in the creation of at least 500 direct, new jobs
1299 if the project is located in a rural area, a brownfield area, or
1300 an enterprise zone.
1301 2. Have an activity or product that is within an industry
1302 that is designated as a target industry business under s.
1303 288.106 or a designated sector under s. 288.108.
1304 3.a. Have a cumulative investment of at least $500 million
1305 within a 5-year period; or
1306 b. Have a cumulative investment that exceeds $250 million
1307 within a 10-year period if the project is located in a rural
1308 area, brownfield area, or an enterprise zone.
1309 4. Be provided with a one-to-one match from the local
1310 community. The match requirement may be reduced or waived in
1311 rural areas of opportunity critical economic concern or reduced
1312 in rural areas, brownfield areas, and enterprise zones.
1313 (d) For an alternative and renewable energy project in this
1314 state, the project must:
1315 1. Demonstrate a plan for significant collaboration with an
1316 institution of higher education;
1317 2. Provide the state, at a minimum, a cumulative break-even
1318 economic benefit within a 20-year period;
1319 3. Include matching funds provided by the applicant or
1320 other available sources. The match requirement may be reduced or
1321 waived in rural areas of opportunity critical economic concern
1322 or reduced in rural areas, brownfield areas, and enterprise
1323 zones;
1324 4. Be located in this state; and
1325 5. Provide at least 35 direct, new jobs that pay an
1326 estimated annual average wage that equals at least 130 percent
1327 of the average private sector wage.
1328 Section 36. Paragraph (d) of subsection (6) of section
1329 290.0055, Florida Statutes, is amended to read:
1330 290.0055 Local nominating procedure.—
1331 (6)
1332 (d)1. The governing body of a jurisdiction which has
1333 nominated an application for an enterprise zone that is at least
1334 15 square miles and less than 20 square miles and includes a
1335 portion of the state designated as a rural area of opportunity
1336 critical economic concern under s. 288.0656(7) may apply to the
1337 department to expand the boundary of the existing enterprise
1338 zone by not more than 3 square miles.
1339 2. The governing body of a jurisdiction which has nominated
1340 an application for an enterprise zone that is at least 20 square
1341 miles and includes a portion of the state designated as a rural
1342 area of opportunity critical economic concern under s.
1343 288.0656(7) may apply to the department to expand the boundary
1344 of the existing enterprise zone by not more than 5 square miles.
1345 3. An application to expand the boundary of an enterprise
1346 zone under this paragraph must be submitted by December 31,
1347 2013.
1348 4. Notwithstanding the area limitations specified in
1349 subsection (4), the department may approve the request for a
1350 boundary amendment if the area continues to satisfy the
1351 remaining requirements of this section.
1352 5. The department shall establish the initial effective
1353 date of an enterprise zone designated under this paragraph.
1354 Section 37. Paragraph (c) of subsection (4) of section
1355 339.2819, Florida Statutes, is amended to read:
1356 339.2819 Transportation Regional Incentive Program.—
1357 (4)
1358 (c) The department shall give priority to projects that:
1359 1. Provide connectivity to the Strategic Intermodal System
1360 developed under s. 339.64.
1361 2. Support economic development and the movement of goods
1362 in rural areas of opportunity critical economic concern
1363 designated under s. 288.0656(7).
1364 3. Are subject to a local ordinance that establishes
1365 corridor management techniques, including access management
1366 strategies, right-of-way acquisition and protection measures,
1367 appropriate land use strategies, zoning, and setback
1368 requirements for adjacent land uses.
1369 4. Improve connectivity between military installations and
1370 the Strategic Highway Network or the Strategic Rail Corridor
1371 Network.
1372
1373 The department shall also consider the extent to which local
1374 matching funds are available to be committed to the project.
1375 Section 38. Paragraph (b) of subsection (5) of section
1376 339.63, Florida Statutes, is amended to read:
1377 339.63 System facilities designated; additions and
1378 deletions.—
1379 (5)
1380 (b) A facility designated part of the Strategic Intermodal
1381 System pursuant to paragraph (a) that is within the jurisdiction
1382 of a local government that maintains a transportation
1383 concurrency system shall receive a waiver of transportation
1384 concurrency requirements applicable to Strategic Intermodal
1385 System facilities in order to accommodate any development at the
1386 facility which occurs pursuant to a building permit issued on or
1387 before December 31, 2017, but only if such facility is located:
1388 1. Within an area designated pursuant to s. 288.0656(7) as
1389 a rural area of opportunity critical economic concern;
1390 2. Within a rural enterprise zone as defined in s.
1391 290.004(5); or
1392 3. Within 15 miles of the boundary of a rural area of
1393 opportunity critical economic concern or a rural enterprise
1394 zone.
1395 Section 39. Paragraph (c) of subsection (3) of section
1396 373.4595, Florida Statutes, is amended to read:
1397 373.4595 Northern Everglades and Estuaries Protection
1398 Program.—
1399 (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—A
1400 protection program for Lake Okeechobee that achieves phosphorus
1401 load reductions for Lake Okeechobee shall be immediately
1402 implemented as specified in this subsection. The program shall
1403 address the reduction of phosphorus loading to the lake from
1404 both internal and external sources. Phosphorus load reductions
1405 shall be achieved through a phased program of implementation.
1406 Initial implementation actions shall be technology-based, based
1407 upon a consideration of both the availability of appropriate
1408 technology and the cost of such technology, and shall include
1409 phosphorus reduction measures at both the source and the
1410 regional level. The initial phase of phosphorus load reductions
1411 shall be based upon the district’s Technical Publication 81-2
1412 and the district’s WOD program, with subsequent phases of
1413 phosphorus load reductions based upon the total maximum daily
1414 loads established in accordance with s. 403.067. In the
1415 development and administration of the Lake Okeechobee Watershed
1416 Protection Program, the coordinating agencies shall maximize
1417 opportunities provided by federal cost-sharing programs and
1418 opportunities for partnerships with the private sector.
1419 (c) Lake Okeechobee Watershed Phosphorus Control Program.
1420 The Lake Okeechobee Watershed Phosphorus Control Program is
1421 designed to be a multifaceted approach to reducing phosphorus
1422 loads by improving the management of phosphorus sources within
1423 the Lake Okeechobee watershed through implementation of
1424 regulations and best management practices, development and
1425 implementation of improved best management practices,
1426 improvement and restoration of the hydrologic function of
1427 natural and managed systems, and utilization of alternative
1428 technologies for nutrient reduction. The coordinating agencies
1429 shall facilitate the application of federal programs that offer
1430 opportunities for water quality treatment, including
1431 preservation, restoration, or creation of wetlands on
1432 agricultural lands.
1433 1. Agricultural nonpoint source best management practices,
1434 developed in accordance with s. 403.067 and designed to achieve
1435 the objectives of the Lake Okeechobee Watershed Protection
1436 Program, shall be implemented on an expedited basis. The
1437 coordinating agencies shall develop an interagency agreement
1438 pursuant to ss. 373.046 and 373.406(5) that assures the
1439 development of best management practices that complement
1440 existing regulatory programs and specifies how those best
1441 management practices are implemented and verified. The
1442 interagency agreement shall address measures to be taken by the
1443 coordinating agencies during any best management practice
1444 reevaluation performed pursuant to sub-subparagraph d. The
1445 department shall use best professional judgment in making the
1446 initial determination of best management practice effectiveness.
1447 a. As provided in s. 403.067(7)(c), the Department of
1448 Agriculture and Consumer Services, in consultation with the
1449 department, the district, and affected parties, shall initiate
1450 rule development for interim measures, best management
1451 practices, conservation plans, nutrient management plans, or
1452 other measures necessary for Lake Okeechobee watershed total
1453 maximum daily load reduction. The rule shall include thresholds
1454 for requiring conservation and nutrient management plans and
1455 criteria for the contents of such plans. Development of
1456 agricultural nonpoint source best management practices shall
1457 initially focus on those priority basins listed in subparagraph
1458 (b)1. The Department of Agriculture and Consumer Services, in
1459 consultation with the department, the district, and affected
1460 parties, shall conduct an ongoing program for improvement of
1461 existing and development of new interim measures or best
1462 management practices for the purpose of adoption of such
1463 practices by rule. The Department of Agriculture and Consumer
1464 Services shall work with the University of Florida’s Institute
1465 of Food and Agriculture Sciences to review and, where
1466 appropriate, develop revised nutrient application rates for all
1467 agricultural soil amendments in the watershed.
1468 b. Where agricultural nonpoint source best management
1469 practices or interim measures have been adopted by rule of the
1470 Department of Agriculture and Consumer Services, the owner or
1471 operator of an agricultural nonpoint source addressed by such
1472 rule shall either implement interim measures or best management
1473 practices or demonstrate compliance with the district’s WOD
1474 program by conducting monitoring prescribed by the department or
1475 the district. Owners or operators of agricultural nonpoint
1476 sources who implement interim measures or best management
1477 practices adopted by rule of the Department of Agriculture and
1478 Consumer Services shall be subject to the provisions of s.
1479 403.067(7). The Department of Agriculture and Consumer Services,
1480 in cooperation with the department and the district, shall
1481 provide technical and financial assistance for implementation of
1482 agricultural best management practices, subject to the
1483 availability of funds.
1484 c. The district or department shall conduct monitoring at
1485 representative sites to verify the effectiveness of agricultural
1486 nonpoint source best management practices.
1487 d. Where water quality problems are detected for
1488 agricultural nonpoint sources despite the appropriate
1489 implementation of adopted best management practices, the
1490 Department of Agriculture and Consumer Services, in consultation
1491 with the other coordinating agencies and affected parties, shall
1492 institute a reevaluation of the best management practices and
1493 make appropriate changes to the rule adopting best management
1494 practices.
1495 2. Nonagricultural nonpoint source best management
1496 practices, developed in accordance with s. 403.067 and designed
1497 to achieve the objectives of the Lake Okeechobee Watershed
1498 Protection Program, shall be implemented on an expedited basis.
1499 The department and the district shall develop an interagency
1500 agreement pursuant to ss. 373.046 and 373.406(5) that assures
1501 the development of best management practices that complement
1502 existing regulatory programs and specifies how those best
1503 management practices are implemented and verified. The
1504 interagency agreement shall address measures to be taken by the
1505 department and the district during any best management practice
1506 reevaluation performed pursuant to sub-subparagraph d.
1507 a. The department and the district are directed to work
1508 with the University of Florida’s Institute of Food and
1509 Agricultural Sciences to develop appropriate nutrient
1510 application rates for all nonagricultural soil amendments in the
1511 watershed. As provided in s. 403.067(7)(c), the department, in
1512 consultation with the district and affected parties, shall
1513 develop interim measures, best management practices, or other
1514 measures necessary for Lake Okeechobee watershed total maximum
1515 daily load reduction. Development of nonagricultural nonpoint
1516 source best management practices shall initially focus on those
1517 priority basins listed in subparagraph (b)1. The department, the
1518 district, and affected parties shall conduct an ongoing program
1519 for improvement of existing and development of new interim
1520 measures or best management practices. The district shall adopt
1521 technology-based standards under the district’s WOD program for
1522 nonagricultural nonpoint sources of phosphorus. Nothing in this
1523 sub-subparagraph shall affect the authority of the department or
1524 the district to adopt basin-specific criteria under this part to
1525 prevent harm to the water resources of the district.
1526 b. Where nonagricultural nonpoint source best management
1527 practices or interim measures have been developed by the
1528 department and adopted by the district, the owner or operator of
1529 a nonagricultural nonpoint source shall implement interim
1530 measures or best management practices and be subject to the
1531 provisions of s. 403.067(7). The department and district shall
1532 provide technical and financial assistance for implementation of
1533 nonagricultural nonpoint source best management practices,
1534 subject to the availability of funds.
1535 c. The district or the department shall conduct monitoring
1536 at representative sites to verify the effectiveness of
1537 nonagricultural nonpoint source best management practices.
1538 d. Where water quality problems are detected for
1539 nonagricultural nonpoint sources despite the appropriate
1540 implementation of adopted best management practices, the
1541 department and the district shall institute a reevaluation of
1542 the best management practices.
1543 3. The provisions of subparagraphs 1. and 2. may shall not
1544 preclude the department or the district from requiring
1545 compliance with water quality standards or with current best
1546 management practices requirements set forth in any applicable
1547 regulatory program authorized by law for the purpose of
1548 protecting water quality. Additionally, subparagraphs 1. and 2.
1549 are applicable only to the extent that they do not conflict with
1550 any rules adopted promulgated by the department that are
1551 necessary to maintain a federally delegated or approved program.
1552 4. Projects that reduce the phosphorus load originating
1553 from domestic wastewater systems within the Lake Okeechobee
1554 watershed shall be given funding priority in the department’s
1555 revolving loan program under s. 403.1835. The department shall
1556 coordinate and provide assistance to those local governments
1557 seeking financial assistance for such priority projects.
1558 5. Projects that make use of private lands, or lands held
1559 in trust for Indian tribes, to reduce nutrient loadings or
1560 concentrations within a basin by one or more of the following
1561 methods: restoring the natural hydrology of the basin, restoring
1562 wildlife habitat or impacted wetlands, reducing peak flows after
1563 storm events, increasing aquifer recharge, or protecting range
1564 and timberland from conversion to development, are eligible for
1565 grants available under this section from the coordinating
1566 agencies. For projects of otherwise equal priority, special
1567 funding priority will be given to those projects that make best
1568 use of the methods outlined above that involve public-private
1569 partnerships or that obtain federal match money. Preference
1570 ranking above the special funding priority will be given to
1571 projects located in a rural area of opportunity critical
1572 economic concern designated by the Governor. Grant applications
1573 may be submitted by any person or tribal entity, and eligible
1574 projects may include, but are not limited to, the purchase of
1575 conservation and flowage easements, hydrologic restoration of
1576 wetlands, creating treatment wetlands, development of a
1577 management plan for natural resources, and financial support to
1578 implement a management plan.
1579 6.a. The department shall require all entities disposing of
1580 domestic wastewater residuals within the Lake Okeechobee
1581 watershed and the remaining areas of Okeechobee, Glades, and
1582 Hendry Counties to develop and submit to the department an
1583 agricultural use plan that limits applications based upon
1584 phosphorus loading. By July 1, 2005, phosphorus concentrations
1585 originating from these application sites may shall not exceed
1586 the limits established in the district’s WOD program. After
1587 December 31, 2007, the department may not authorize the disposal
1588 of domestic wastewater residuals within the Lake Okeechobee
1589 watershed unless the applicant can affirmatively demonstrate
1590 that the phosphorus in the residuals will not add to phosphorus
1591 loadings in Lake Okeechobee or its tributaries. This
1592 demonstration shall be based on achieving a net balance between
1593 phosphorus imports relative to exports on the permitted
1594 application site. Exports shall include only phosphorus removed
1595 from the Lake Okeechobee watershed through products generated on
1596 the permitted application site. This prohibition does not apply
1597 to Class AA residuals that are marketed and distributed as
1598 fertilizer products in accordance with department rule.
1599 b. Private and government-owned utilities within Monroe,
1600 Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
1601 River, Okeechobee, Highlands, Hendry, and Glades Counties that
1602 dispose of wastewater residual sludge from utility operations
1603 and septic removal by land spreading in the Lake Okeechobee
1604 watershed may use a line item on local sewer rates to cover
1605 wastewater residual treatment and disposal if such disposal and
1606 treatment is done by approved alternative treatment methodology
1607 at a facility located within the areas designated by the
1608 Governor as rural areas of opportunity critical economic concern
1609 pursuant to s. 288.0656. This additional line item is an
1610 environmental protection disposal fee above the present sewer
1611 rate and may shall not be considered a part of the present sewer
1612 rate to customers, notwithstanding provisions to the contrary in
1613 chapter 367. The fee shall be established by the county
1614 commission or its designated assignee in the county in which the
1615 alternative method treatment facility is located. The fee shall
1616 be calculated to be no higher than that necessary to recover the
1617 facility’s prudent cost of providing the service. Upon request
1618 by an affected county commission, the Florida Public Service
1619 Commission will provide assistance in establishing the fee.
1620 Further, for utilities and utility authorities that use the
1621 additional line item environmental protection disposal fee, such
1622 fee may shall not be considered a rate increase under the rules
1623 of the Public Service Commission and shall be exempt from such
1624 rules. Utilities using the provisions of this section may
1625 immediately include in their sewer invoicing the new
1626 environmental protection disposal fee. Proceeds from this
1627 environmental protection disposal fee shall be used for
1628 treatment and disposal of wastewater residuals, including any
1629 treatment technology that helps reduce the volume of residuals
1630 that require final disposal, but such proceeds may shall not be
1631 used for transportation or shipment costs for disposal or any
1632 costs relating to the land application of residuals in the Lake
1633 Okeechobee watershed.
1634 c. No less frequently than once every 3 years, the Florida
1635 Public Service Commission or the county commission through the
1636 services of an independent auditor shall perform a financial
1637 audit of all facilities receiving compensation from an
1638 environmental protection disposal fee. The Florida Public
1639 Service Commission or the county commission through the services
1640 of an independent auditor shall also perform an audit of the
1641 methodology used in establishing the environmental protection
1642 disposal fee. The Florida Public Service Commission or the
1643 county commission shall, within 120 days after completion of an
1644 audit, file the audit report with the President of the Senate
1645 and the Speaker of the House of Representatives and shall
1646 provide copies to the county commissions of the counties set
1647 forth in sub-subparagraph b. The books and records of any
1648 facilities receiving compensation from an environmental
1649 protection disposal fee shall be open to the Florida Public
1650 Service Commission and the Auditor General for review upon
1651 request.
1652 7. The Department of Health shall require all entities
1653 disposing of septage within the Lake Okeechobee watershed to
1654 develop and submit to that agency an agricultural use plan that
1655 limits applications based upon phosphorus loading. By July 1,
1656 2005, phosphorus concentrations originating from these
1657 application sites may shall not exceed the limits established in
1658 the district’s WOD program.
1659 8. The Department of Agriculture and Consumer Services
1660 shall initiate rulemaking requiring entities within the Lake
1661 Okeechobee watershed which land-apply animal manure to develop
1662 resource management system level conservation plans, according
1663 to United States Department of Agriculture criteria, which limit
1664 such application. Such rules may include criteria and thresholds
1665 for the requirement to develop a conservation or nutrient
1666 management plan, requirements for plan approval, and
1667 recordkeeping requirements.
1668 9. The district, the department, or the Department of
1669 Agriculture and Consumer Services, as appropriate, shall
1670 implement those alternative nutrient reduction technologies
1671 determined to be feasible pursuant to subparagraph (d)6.
1672 Section 40. Paragraph (e) of subsection (2) and paragraph
1673 (b) of subsection (26) of section 380.06, Florida Statutes, are
1674 amended to read:
1675 380.06 Developments of regional impact.—
1676 (2) STATEWIDE GUIDELINES AND STANDARDS.—
1677 (e) With respect to residential, hotel, motel, office, and
1678 retail developments, the applicable guidelines and standards
1679 shall be increased by 50 percent in urban central business
1680 districts and regional activity centers of jurisdictions whose
1681 local comprehensive plans are in compliance with part II of
1682 chapter 163. With respect to multiuse developments, the
1683 applicable individual use guidelines and standards for
1684 residential, hotel, motel, office, and retail developments and
1685 multiuse guidelines and standards shall be increased by 100
1686 percent in urban central business districts and regional
1687 activity centers of jurisdictions whose local comprehensive
1688 plans are in compliance with part II of chapter 163, if one land
1689 use of the multiuse development is residential and amounts to
1690 not less than 35 percent of the jurisdiction’s applicable
1691 residential threshold. With respect to resort or convention
1692 hotel developments, the applicable guidelines and standards
1693 shall be increased by 150 percent in urban central business
1694 districts and regional activity centers of jurisdictions whose
1695 local comprehensive plans are in compliance with part II of
1696 chapter 163 and where the increase is specifically for a
1697 proposed resort or convention hotel located in a county with a
1698 population greater than 500,000 and the local government
1699 specifically designates that the proposed resort or convention
1700 hotel development will serve an existing convention center of
1701 more than 250,000 gross square feet built before prior to July
1702 1, 1992. The applicable guidelines and standards shall be
1703 increased by 150 percent for development in any area designated
1704 by the Governor as a rural area of opportunity critical economic
1705 concern pursuant to s. 288.0656 during the effectiveness of the
1706 designation.
1707 (26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
1708 (b) Upon receipt of written confirmation from the state
1709 land planning agency that any required mitigation applicable to
1710 completed development has occurred, an industrial development of
1711 regional impact located within the coastal high-hazard area of a
1712 rural area of opportunity county of economic concern which was
1713 approved before prior to the adoption of the local government’s
1714 comprehensive plan required under s. 163.3167 and which plan’s
1715 future land use map and zoning designates the land use for the
1716 development of regional impact as commercial may be unilaterally
1717 abandoned without the need to proceed through the process
1718 described in paragraph (a) if the developer or owner provides a
1719 notice of abandonment to the local government and records such
1720 notice with the applicable clerk of court. Abandonment shall be
1721 deemed to have occurred upon the recording of the notice. All
1722 development following abandonment shall be fully consistent with
1723 the current comprehensive plan and applicable zoning.
1724 Section 41. Paragraph (g) of subsection (3) and paragraph
1725 (c) of subsection (4) of section 380.0651, Florida Statutes, are
1726 amended to read:
1727 380.0651 Statewide guidelines and standards.—
1728 (3) The following statewide guidelines and standards shall
1729 be applied in the manner described in s. 380.06(2) to determine
1730 whether the following developments shall be required to undergo
1731 development-of-regional-impact review:
1732 (g) Residential development.—A No rule may not be adopted
1733 concerning residential developments which treats a residential
1734 development in one county as being located in a less populated
1735 adjacent county unless more than 25 percent of the development
1736 is located within 2 or less miles or less of the less populated
1737 adjacent county. The residential thresholds of adjacent counties
1738 with less population and a lower threshold may shall not be
1739 controlling on any development wholly located within areas
1740 designated as rural areas of opportunity critical economic
1741 concern.
1742 (4) Two or more developments, represented by their owners
1743 or developers to be separate developments, shall be aggregated
1744 and treated as a single development under this chapter when they
1745 are determined to be part of a unified plan of development and
1746 are physically proximate to one other.
1747 (c) Aggregation is not applicable when the following
1748 circumstances and provisions of this chapter are applicable:
1749 1. Developments which are otherwise subject to aggregation
1750 with a development of regional impact which has received
1751 approval through the issuance of a final development order shall
1752 not be aggregated with the approved development of regional
1753 impact. However, nothing contained in this subparagraph shall
1754 preclude the state land planning agency from evaluating an
1755 allegedly separate development as a substantial deviation
1756 pursuant to s. 380.06(19) or as an independent development of
1757 regional impact.
1758 2. Two or more developments, each of which is independently
1759 a development of regional impact that has or will obtain a
1760 development order pursuant to s. 380.06.
1761 3. Completion of any development that has been vested
1762 pursuant to s. 380.05 or s. 380.06, including vested rights
1763 arising out of agreements entered into with the state land
1764 planning agency for purposes of resolving vested rights issues.
1765 Development-of-regional-impact review of additions to vested
1766 developments of regional impact shall not include review of the
1767 impacts resulting from the vested portions of the development.
1768 4. The developments sought to be aggregated were authorized
1769 to commence development prior to September 1, 1988, and could
1770 not have been required to be aggregated under the law existing
1771 prior to that date.
1772 5. Any development that qualifies for an exemption under s.
1773 380.06(29).
1774 Section 42. Paragraph (b) of subsection (2) of section
1775 985.686, Florida Statutes, is amended to read:
1776 985.686 Shared county and state responsibility for juvenile
1777 detention.—
1778 (2) As used in this section, the term:
1779 (b) “Fiscally constrained county” means a county within a
1780 rural area of opportunity critical economic concern as
1781 designated by the Governor pursuant to s. 288.0656 or each
1782 county for which the value of a mill will raise no more than $5
1783 million in revenue, based on the certified school taxable value
1784 certified pursuant to s. 1011.62(4)(a)1.a., from the previous
1785 July 1.
1786 Section 43. Subsection (2) of section 1011.76, Florida
1787 Statutes, is amended to read:
1788 1011.76 Small School District Stabilization Program.—
1789 (2) In order to participate in this program, a school
1790 district must be located in a rural area of opportunity critical
1791 economic concern designated by the Executive Office of the
1792 Governor, and the district school board must submit a resolution
1793 to the Department of Economic Opportunity requesting
1794 participation in the program. A rural area of opportunity
1795 critical economic concern must be a rural community, or a region
1796 composed of such, that has been adversely affected by an
1797 extraordinary economic event or a natural disaster or that
1798 presents a unique economic development concern or opportunity of
1799 regional impact. The resolution must be accompanied by with
1800 documentation of the economic conditions in the community and,
1801 provide information indicating the negative impact of these
1802 conditions on the school district’s financial stability, and the
1803 school district must participate in a best financial management
1804 practices review to determine potential efficiencies that could
1805 be implemented to reduce program costs in the district.
1806 Section 44. Paragraph (a) of subsection (4) of section
1807 215.425, Florida Statutes, is amended to read:
1808 215.425 Extra compensation claims prohibited; bonuses;
1809 severance pay.—
1810 (4)(a) On or after July 1, 2011, a unit of government that
1811 enters into a contract or employment agreement, or renewal or
1812 renegotiation of an existing contract or employment agreement,
1813 that contains a provision for severance pay with an officer,
1814 agent, employee, or contractor must include the following
1815 provisions in the contract:
1816 1. A requirement that severance pay provided may not exceed
1817 an amount greater than 20 weeks of compensation.
1818 2. A prohibition of provision of severance pay when the
1819 officer, agent, employee, or contractor has been fired for
1820 misconduct, as defined in s. 443.036(29) s. 443.036(30), by the
1821 unit of government.
1822 Section 45. Paragraph (f) of subsection (13) of section
1823 443.1216, Florida Statutes, is amended to read:
1824 443.1216 Employment.—Employment, as defined in s. 443.036,
1825 is subject to this chapter under the following conditions:
1826 (13) The following are exempt from coverage under this
1827 chapter:
1828 (f) Service performed in the employ of a public employer as
1829 defined in s. 443.036, except as provided in subsection (2), and
1830 service performed in the employ of an instrumentality of a
1831 public employer as described in s. 443.036(35)(b) or (c) s.
1832 443.036(36)(b) or (c), to the extent that the instrumentality is
1833 immune under the United States Constitution from the tax imposed
1834 by s. 3301 of the Internal Revenue Code for that service.
1835 Section 46. (1) Any building permit, and any permit issued
1836 by the Department of Environmental Protection or by a water
1837 management district pursuant to part IV of chapter 373, Florida
1838 Statutes, which has an expiration date from January 1, 2014,
1839 through January 1, 2016, is extended and renewed for a period of
1840 2 years after its previously scheduled date of expiration. This
1841 extension includes any local government-issued development order
1842 or building permit including certificates of levels of service.
1843 This section does not prohibit conversion from the construction
1844 phase to the operation phase upon completion of construction.
1845 This extension is in addition to any existing permit extension.
1846 Extensions granted pursuant to this section; s. 14 of chapter
1847 2009-96, Laws of Florida, as reauthorized by s. 47 of chapter
1848 2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of
1849 Florida; s. 73 or s. 79 of chapter 2011-139, Laws of Florida; or
1850 s. 24 of chapter 2012-205, Laws of Florida, may not exceed 4
1851 years in total. Further, specific development order extensions
1852 granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may
1853 not be further extended by this section.
1854 (2) The commencement and completion dates for any required
1855 mitigation associated with a phased construction project are
1856 extended so that mitigation takes place in the same timeframe
1857 relative to the phase as originally permitted.
1858 (3) The holder of a valid permit or other authorization
1859 that is eligible for the 2-year extension must notify the
1860 authorizing agency in writing by December 31, 2014, identifying
1861 the specific authorization for which the holder intends to use
1862 the extension and the anticipated timeframe for acting on the
1863 authorization.
1864 (4) The extension provided in subsection (1) does not apply
1865 to:
1866 (a) A permit or other authorization under any programmatic
1867 or regional general permit issued by the Army Corps of
1868 Engineers.
1869 (b) A permit or other authorization held by an owner or
1870 operator determined to be in significant noncompliance with the
1871 conditions of the permit or authorization as established through
1872 the issuance of a warning letter or notice of violation, the
1873 initiation of formal enforcement, or other equivalent action by
1874 the authorizing agency.
1875 (c) A permit or other authorization, if granted an
1876 extension that would delay or prevent compliance with a court
1877 order.
1878 (5) Permits extended under this section shall continue to
1879 be governed by the rules in effect at the time the permit was
1880 issued unless it is demonstrated that the rules in effect at the
1881 time the permit was issued would create an immediate threat to
1882 public safety or health. This provision applies to any
1883 modification of the plans, terms, and conditions of the permit
1884 which lessens the environmental impact, except that any such
1885 modification does not extend the time limit beyond 2 additional
1886 years.
1887 (6) This section does not impair the authority of a county
1888 or municipality to require the owner of a property who has
1889 notified the county or municipality of the owner’s intent to
1890 receive the extension of time granted pursuant to this section
1891 to maintain and secure the property in a safe and sanitary
1892 condition in compliance with applicable laws and ordinances.
1893 Section 47. Part XIV of chapter 288, Florida Statutes,
1894 consisting of ss. 288.993-288.9937, is created and entitled
1895 “Microfinance Programs.”
1896 Section 48. Section 288.993, Florida Statutes, is created
1897 to read:
1898 288.993 Short title.—This part may be cited as the “Florida
1899 Microfinance Act.”
1900 Section 49. Section 288.9931, Florida Statutes, is created
1901 to read:
1902 288.9931 Legislative findings and intent.—The Legislature
1903 finds that the ability of entrepreneurs and small businesses to
1904 access capital is vital to the overall health and growth of this
1905 state’s economy; however, access to capital is limited by the
1906 lack of available credit for entrepreneurs and small businesses
1907 in this state. The Legislature further finds that entrepreneurs
1908 and small businesses could be assisted through the creation of a
1909 program that will provide an avenue for entrepreneurs and small
1910 businesses in this state to access credit. Additionally, the
1911 Legislature finds that business management training, business
1912 development training, and technical assistance are necessary to
1913 ensure that entrepreneurs and small businesses that receive
1914 credit develop the skills necessary to grow and achieve long
1915 term financial stability. The Legislature intends to expand job
1916 opportunities for this state’s workforce by expanding access to
1917 credit to entrepreneurs and small businesses. Furthermore, the
1918 Legislature intends to avoid duplicating existing programs and
1919 to coordinate, assist, augment, and improve access to those
1920 programs for entrepreneurs and small businesses in this state.
1921 Section 50. Section 288.9932, Florida Statutes, is created
1922 to read:
1923 288.9932 Definitions.—As used in this part, the term:
1924 (1) “Applicant” means an entrepreneur or small business
1925 that applies to a loan administrator for a microloan.
1926 (2) “Domiciled in this state” means authorized to do
1927 business in this state and located in this state.
1928 (3) “Entrepreneur” means an individual residing in this
1929 state who desires to assume the risk of organizing, managing,
1930 and operating a small business in this state.
1931 (4) “Network” means the Florida Small Business Development
1932 Center Network.
1933 (5) “Small business” means a business, regardless of
1934 corporate structure, domiciled in this state which employs 25 or
1935 fewer people and generated average annual gross revenues of $1.5
1936 million or less per year for the preceding 2 years. For the
1937 purposes of this part, the identity of a small business is not
1938 affected by name changes or changes in personnel.
1939 Section 51. Section 288.9933, Florida Statutes, is created
1940 to read:
1941 288.9933 Rulemaking authority.—The department may adopt
1942 rules to implement this part.
1943 Section 52. Section 288.9934, Florida Statutes, is created
1944 to read:
1945 288.9934 Microfinance Loan Program.—
1946 (1) PURPOSE.—The Microfinance Loan Program is established
1947 in the department to make short-term, fixed-rate microloans in
1948 conjunction with business management training, business
1949 development training, and technical assistance to entrepreneurs
1950 and newly established or growing small businesses for start-up
1951 costs, working capital, and the acquisition of materials,
1952 supplies, furniture, fixtures, and equipment. Participation in
1953 the loan program is intended to enable entrepreneurs and small
1954 businesses to access private financing upon completing the loan
1955 program.
1956 (2) DEFINITION.—As used in this section, the term “loan
1957 administrator” means an entity that enters into a contract with
1958 the department pursuant to this section to administer the loan
1959 program.
1960 (3) REQUEST FOR PROPOSAL.—
1961 (a) By December 1, 2014, the department shall contract with
1962 at least one but not more than three entities to administer the
1963 loan program for a term of 3 years. The department shall award
1964 the contract in accordance with the request for proposal
1965 requirements in s. 287.057 to an entity that:
1966 1. Is a corporation registered in this state;
1967 2. Does not offer checking accounts or savings accounts;
1968 3. Demonstrates that its board of directors and managers
1969 are experienced in microlending and small business finance and
1970 development;
1971 4. Demonstrates that it has the technical skills and
1972 sufficient resources and expertise to:
1973 a. Analyze and evaluate applications by entrepreneurs and
1974 small businesses applying for microloans;
1975 b. Underwrite and service microloans provided pursuant to
1976 this part; and
1977 c. Coordinate the provision of such business management
1978 training, business development training, and technical
1979 assistance as required by this part.
1980 5. Demonstrates that it has established viable, existing
1981 partnerships with public and private nonstate funding sources,
1982 economic development agencies, and workforce development and job
1983 referral networks; and
1984 6. Demonstrates that it has a plan that includes proposed
1985 microlending activities under the loan program, including, but
1986 not limited to, the types of entrepreneurs and businesses to be
1987 assisted and the size and range of loans the loan administrator
1988 intends to make.
1989 (b) To ensure that prospective loan administrators meet the
1990 requirements of subparagraphs (a)2.-6., the request for proposal
1991 must require submission of the following information:
1992 1. A description of the types of entrepreneurs and small
1993 businesses the loan administrator has assisted in the past, and
1994 the average size and terms of loans made in the past to such
1995 entities;
1996 2. A description of the experience of members of the board
1997 of directors and managers in the areas of microlending and small
1998 business finance and development;
1999 3. A description of the loan administrator’s underwriting
2000 and credit policies and procedures, credit decisionmaking
2001 process, monitoring policies and procedures, and collection
2002 practices, and samples of any currently used loan documentation;
2003 4. A description of the nonstate funding sources that will
2004 be used by the loan administrator in conjunction with the state
2005 funds to make microloans pursuant to this section;
2006 5. The loan administrator’s three most recent financial
2007 audits or, if no prior audits have been completed, the loan
2008 administrator’s three most recent unaudited financial
2009 statements; and
2010 6. A conflict of interest statement from the loan
2011 administrator’s board of directors certifying that a board
2012 member, employee, or agent, or an immediate family member
2013 thereof, or any other person connected to or affiliated with the
2014 loan administrator, is not receiving or will not receive any
2015 type of compensation or remuneration from an entrepreneur or
2016 small business that has received or will receive funds from the
2017 loan program. The department may waive this requirement for good
2018 cause shown. As used in this subparagraph, the term “immediate
2019 family” means a parent, child, or spouse, or any other relative
2020 by blood, marriage, or adoption, of a board member, employee, or
2021 agent of the loan administrator.
2022 (4) CONTRACT AND AWARD OF FUNDS.—
2023 (a) The selected loan administrator must enter into a
2024 contract with the department for a term of 3 years to receive
2025 state funds for the loan program. Funds appropriated to the
2026 program must be reinvested and maintained as a long-term and
2027 stable source of funding for the program. The amount of state
2028 funds used in any microloan made pursuant to this part may not
2029 exceed 50 percent of the total microloan amount. The department
2030 shall establish financial performance measures and objectives
2031 for the loan program and for the loan administrator in order to
2032 maximize the state funds awarded.
2033 (b) State funds may be used only to provide direct
2034 microloans to entrepreneurs and small businesses according to
2035 the limitations, terms, and conditions provided in this part.
2036 Except as provided in subsection (5), state funds may not be
2037 used to pay administrative costs, underwriting costs, servicing
2038 costs, or any other costs associated with providing microloans,
2039 business management training, business development training, or
2040 technical assistance.
2041 (c) The loan administrator shall reserve 10 percent of the
2042 total award amount from the department to provide microloans
2043 pursuant to this part to entrepreneurs and small businesses that
2044 employ no more than five people and generate annual gross
2045 revenues averaging no more than $250,000 per year for the last 2
2046 years.
2047 (d)1. If the loan program is appropriated funding in a
2048 fiscal year, the department shall distribute such funds to the
2049 loan administrator within 30 days of the execution of the
2050 contract by the department and the loan administrator.
2051 2. The total amount of funding allocated to the loan
2052 administrator in a fiscal year may not exceed the amount
2053 appropriated for the loan program in the same fiscal year. If
2054 the funds appropriated to the loan program in a fiscal year
2055 exceed the amount of state funds received by the loan
2056 administrator, such excess funds shall revert to the General
2057 Revenue Fund.
2058 (e) Within 30 days of executing its contract with the
2059 department, the loan administrator must enter into a memorandum
2060 of understanding with the network:
2061 1. For the provision of business management training,
2062 business development training, and technical assistance to
2063 entrepreneurs and small businesses that receive microloans under
2064 this part; and
2065 2. To promote the program to underserved entrepreneurs and
2066 small businesses.
2067 (f) By September 1, 2014, the department shall review
2068 industry best practices and determine the minimum business
2069 management training, business development training, and
2070 technical assistance that must be provided by the network to
2071 achieve the goals of this part.
2072 (g) The loan administrator must meet the requirements of
2073 this section, the terms of its contract with the department, and
2074 any other applicable state or federal laws to be eligible to
2075 receive funds in any fiscal year. The contract with the loan
2076 administrator must specify any sanctions for the loan
2077 administrator’s failure to comply with the contract or this
2078 part.
2079 (5) FEES.—
2080 (a) Except as provided in this section, the department may
2081 not charge fees or interest or require collateral from the loan
2082 administrator. The department may charge an annual fee or
2083 interest of up to 80 percent of the Federal Funds Rate as of the
2084 date specified in the contract for state funds received under
2085 the loan program. The department shall require as collateral an
2086 assignment of the notes receivable of the microloans made by the
2087 loan administrator under the loan program.
2088 (b) The loan administrator is entitled to retain a one-time
2089 administrative servicing fee of 1 percent of the total award
2090 amount to offset the administrative costs of underwriting and
2091 servicing microloans made pursuant to this part. This fee may
2092 not be charged to or paid by microloan borrowers participating
2093 in the loan program. Except as provided in subsection (7)(c),
2094 the loan administrator may not be required to return this fee to
2095 the department.
2096 (c) The loan administrator may not charge interest, fees,
2097 or costs except as authorized in subsection (9).
2098 (d) Except as provided in subsection (7), the loan
2099 administrator is not required to return the interest, fees, or
2100 costs authorized under subsection (9).
2101 (6) REPAYMENT OF AWARD FUNDS.—
2102 (a) After collecting interest and any fees or costs
2103 permitted under this section in satisfaction of all microloans
2104 made pursuant to this part, the loan administrator shall remit
2105 to the department the microloan principal collected from all
2106 microloans made with state funds received under this part.
2107 Repayment of microloan principal to the department may be
2108 deferred by the department for a period not to exceed 6 months;
2109 however, the loan administrator may not provide a microloan
2110 under this part after the contract with the department expires.
2111 (b) If for any reason the loan administrator is unable to
2112 make repayments to the department in accordance with the
2113 contract, the department may accelerate maturity of the state
2114 funds awarded and demand repayment in full. In this event, or if
2115 a loan administrator violates this part or the terms of its
2116 contract, the loan administrator shall surrender to the
2117 department possession of all collateral required pursuant to
2118 subsection (5). Any loss or deficiency greater than the value of
2119 the collateral may be recovered by the department from the loan
2120 administrator.
2121 (c) In the event of a default as specified in the contract,
2122 termination of the contract, or violation of this section, the
2123 state may, in addition to any other remedy provided by law,
2124 bring suit to enforce its interest.
2125 (d) A microloan borrower’s default does not relieve the
2126 loan administrator of its obligation to repay an award to the
2127 department.
2128 (7) CONTRACT TERMINATION.—
2129 (a) The loan administrator’s contract with the department
2130 may be terminated by the department, and the loan administrator
2131 required to immediately return all state funds awarded,
2132 including any interest, fees, and costs it would otherwise be
2133 entitled to retain pursuant to subsection (5) for that fiscal
2134 year, upon a finding by the department that:
2135 1. The loan administrator has, within the previous 5 years,
2136 participated in a state-funded economic development program in
2137 this or any other state and was found to have failed to comply
2138 with the requirements of that program;
2139 2. The loan administrator is currently in material
2140 noncompliance with any statute, rule, or program administered by
2141 the department;
2142 3. The loan administrator or any member of its board of
2143 directors, officers, partners, managers, or shareholders has
2144 pled no contest or been found guilty, regardless of whether
2145 adjudication was withheld, of any felony or any misdemeanor
2146 involving fraud, misrepresentation, or dishonesty;
2147 4. The loan administrator failed to meet or agree to the
2148 terms of the contract with the department or failed to meet this
2149 part; or
2150 5. The department finds that the loan administrator
2151 provided fraudulent or misleading information to the department.
2152 (b) The loan administrator’s contract with the department
2153 may be terminated by the department at any time for any reason
2154 upon 30 days’ notice by the department. In such a circumstance,
2155 the loan administrator shall return all awarded state funds to
2156 the department within 60 days of the termination. However, the
2157 loan administrator may retain any interest, fees, or costs it
2158 has collected pursuant to subsection (5).
2159 (c) The loan administrator’s contract with the department
2160 may be terminated by the loan administrator at any time for any
2161 reason upon 30 days’ notice by the loan administrator. In such a
2162 circumstance, the loan administrator shall return all awarded
2163 state funds to the department, including any interest, fees, and
2164 costs it has retained or would otherwise be entitled to retain
2165 pursuant to subsection (5), within 30 days of the termination.
2166 (8) AUDITS AND REPORTING.—
2167 (a) The loan administrator shall annually submit to the
2168 department a financial audit performed by an independent
2169 certified public accountant and an operational performance audit
2170 for the most recently completed fiscal year. Both audits must
2171 indicate whether any material weakness or instances of material
2172 noncompliance are indicated in the audit.
2173 (b) The loan administrator shall submit quarterly reports
2174 to the department as required by s. 288.9936(3).
2175 (c) The loan administrator shall make its books and records
2176 related to the loan program available to the department or its
2177 designee for inspection upon reasonable notice.
2178 (9) ELIGIBILITY AND APPLICATION.—
2179 (a) To be eligible for a microloan, an applicant must, at a
2180 minimum, be an entrepreneur or small business located in this
2181 state.
2182 (b) Microloans may not be made if the direct or indirect
2183 purpose or result of granting the microloan would be to:
2184 1. Pay off any creditors of the applicant, including the
2185 refund of a debt owed to a small business investment company
2186 organized pursuant to 15 U.S.C. s. 681;
2187 2. Provide funds, directly or indirectly, for payment,
2188 distribution, or as a microloan to owners, partners, or
2189 shareholders of the applicant’s business, except as ordinary
2190 compensation for services rendered;
2191 3. Finance the acquisition, construction, improvement, or
2192 operation of real property which is, or will be, held primarily
2193 for sale or investment;
2194 4. Pay for lobbying activities; or
2195 5. Replenish funds used for any of the purposes specified
2196 in subparagraphs 1.-4.
2197 (c) A microloan applicant shall submit a written
2198 application in the format prescribed by the loan administrator
2199 and shall pay an application fee not to exceed $50 to the loan
2200 administrator.
2201 (d) The following minimum terms apply to a microloan made
2202 by the loan administrator:
2203 1. The amount of a microloan may not exceed $50,000;
2204 2. A borrower may not receive more than $75,000 per year in
2205 total microloans;
2206 3. A borrower may not receive more than two microloans per
2207 year and may not receive more than five microloans in any 3-year
2208 period;
2209 4. The proceeds of the microloan may be used only for
2210 startup costs, working capital, and the acquisition of
2211 materials, supplies, furniture, fixtures, and equipment;
2212 5. The period of any microloan may not exceed 1 year;
2213 6. The interest rate may not exceed the prime rate
2214 published in the Wall Street Journal as of the date specified in
2215 the microloan, plus 1000 basis points;
2216 7. All microloans must be personally guaranteed;
2217 8. The borrower must participate in business management
2218 training, business development training, and technical
2219 assistance as determined by the loan administrator in the
2220 microloan agreement;
2221 9. The borrower shall provide such information as required
2222 by the loan administrator, including monthly job creation and
2223 financial data, in the manner prescribed by the loan
2224 administrator; and
2225 10. The loan administrator may collect fees for late
2226 payments which are consistent with standard business lending
2227 practices and may recover costs and fees incurred for any
2228 collection efforts necessitated by a borrower’s default.
2229 (e) The department may not review microloans made by the
2230 loan administrator pursuant to this part before approval of the
2231 loan by the loan administrator.
2232 (10) STATEWIDE STRATEGIC PLAN.—In implementing this
2233 section, the department shall be guided by the 5-year statewide
2234 strategic plan adopted pursuant to s. 20.60(5). The department
2235 shall promote and advertise the loan program by, among other
2236 things, cooperating with government, nonprofit, and private
2237 industry to organize, host, or participate in seminars and other
2238 forums for entrepreneurs and small businesses.
2239 (11) STUDY.—By December 31, 2014, the department shall
2240 commence or commission a study to identify methods and best
2241 practices that will increase access to credit to entrepreneurs
2242 and small businesses in this state. The study must also explore
2243 the ability of, and limitations on, Florida nonprofit
2244 organizations and private financial institutions to expand
2245 access to credit to entrepreneurs and small businesses in this
2246 state.
2247 (12) CREDIT OF THE STATE.—With the exception of funds
2248 appropriated to the loan program by the Legislature, the credit
2249 of the state may not be pledged. The state is not liable or
2250 obligated in any way for claims on the loan program or against
2251 the loan administrator or the department.
2252 Section 53. Section 288.9935, Florida Statutes, is created
2253 to read:
2254 288.9935 Microfinance Guarantee Program.—
2255 (1) The Microfinance Guarantee Program is established in
2256 the department. The purpose of the program is to stimulate
2257 access to credit for entrepreneurs and small businesses in this
2258 state by providing targeted guarantees to loans made to such
2259 entrepreneurs and small businesses. Funds appropriated to the
2260 program must be reinvested and maintained as a long-term and
2261 stable source of funding for the program.
2262 (2) As used in this section, the term “lender” means a
2263 financial institution as defined in s. 655.005.
2264 (3) The department must enter into a contract with
2265 Enterprise Florida, Inc., to administer the Microfinance
2266 Guarantee Program. In administering the program, Enterprise
2267 Florida, Inc., must, at a minimum:
2268 (a) Establish lender and borrower eligibility requirements
2269 in addition to those provided in this section;
2270 (b) Determine a reasonable leverage ratio of loan amounts
2271 guaranteed to state funds; however, the leverage ratio may not
2272 exceed 3 to 1;
2273 (c) Establish reasonable fees and interest;
2274 (d) Promote the program to financial institutions that
2275 provide loans to entrepreneurs and small businesses in order to
2276 maximize the number of lenders throughout the state which
2277 participate in the program;
2278 (e) Enter into a memorandum of understanding with the
2279 network to promote the program to underserved entrepreneurs and
2280 small businesses;
2281 (f) Establish limits on the total amount of loan guarantees
2282 a single lender can receive;
2283 (g) Establish an average loan guarantee amount for loans
2284 guaranteed under this section;
2285 (h) Establish a risk-sharing strategy to be employed in the
2286 event of a loan failure; and
2287 (i) Establish financial performance measures and objectives
2288 for the program in order to maximize the state funds.
2289 (4) Enterprise Florida, Inc., is limited to providing loan
2290 guarantees for loans with total loan amounts of at least $50,000
2291 and not more than $250,000. A loan guarantee may not exceed 50
2292 percent of the total loan amount.
2293 (5) Enterprise Florida, Inc., may not guarantee a loan if
2294 the direct or indirect purpose or result of the loan would be
2295 to:
2296 (a) Pay off any creditors of the applicant, including the
2297 refund of a debt owed to a small business investment company
2298 organized pursuant to 15 U.S.C. s. 681;
2299 (b) Provide funds, directly or indirectly, for payment,
2300 distribution, or as a loan to owners, partners, or shareholders
2301 of the applicant’s business, except as ordinary compensation for
2302 services rendered;
2303 (c) Finance the acquisition, construction, improvement, or
2304 operation of real property which is, or will be, held primarily
2305 for sale or investment;
2306 (d) Pay for lobbying activities; or
2307 (e) Replenish funds used for any of the purposes specified
2308 in paragraphs (a) through (d).
2309 (6) Enterprise Florida, Inc., may not use funds
2310 appropriated from the state for costs associated with
2311 administering the guarantee program.
2312 (7) To be eligible to receive a loan guarantee under the
2313 Microfinance Guarantee Program, a borrower must, at a minimum:
2314 (a) Be an entrepreneur or small business located in this
2315 state;
2316 (b) Employ 25 or fewer people;
2317 (c) Generate average annual gross revenues of $1.5 million
2318 or less per year for the last 2 years; and
2319 (d) Meet any additional requirements established by
2320 Enterprise Florida, Inc.
2321 (8) By October 1 of each year, Enterprise Florida, Inc.,
2322 shall submit a complete and detailed annual report to the
2323 department for inclusion in the department’s report required
2324 under s. 20.60(10). The report must, at a minimum, provide:
2325 (a) A comprehensive description of the program, including
2326 an evaluation of its application and guarantee activities,
2327 recommendations for change, and identification of any other
2328 state programs that overlap with the program;
2329 (b) An assessment of the current availability of and access
2330 to credit for entrepreneurs and small businesses in this state;
2331 (c) A summary of the financial and employment results of
2332 the entrepreneurs and small businesses receiving loan
2333 guarantees, including the number of full-time equivalent jobs
2334 created as a result of the guaranteed loans and the amount of
2335 wages paid to employees in the newly created jobs;
2336 (d) Industry data about the borrowers, including the six
2337 digit North American Industry Classification System (NAICS)
2338 code;
2339 (e) The name and location of lenders that receive loan
2340 guarantees;
2341 (f) The amount of state funds received by Enterprise
2342 Florida, Inc.;
2343 (g) The number of loan guarantee applications received;
2344 (h) The number, duration, location, and amount of
2345 guarantees made;
2346 (i) The number and amount of guaranteed loans outstanding,
2347 if any;
2348 (j) The number and amount of guaranteed loans with payments
2349 overdue, if any;
2350 (k) The number and amount of guaranteed loans in default,
2351 if any;
2352 (l) The repayment history of the guaranteed loans made; and
2353 (m) An evaluation of the program’s ability to meet the
2354 financial performance measures and objectives specified in
2355 subsection (3).
2356 (9) The credit of the state or Enterprise Florida, Inc.,
2357 may not be pledged except for funds appropriated by law to the
2358 Microfinance Guarantee Program. The state is not liable or
2359 obligated in any way for claims on the program or against
2360 Enterprise Florida, Inc., or the department.
2361 Section 54. Section 288.9936, Florida Statutes, is created
2362 to read:
2363 288.9936 Annual report of the Microfinance Loan Program.—
2364 (1) The department shall include in the report required by
2365 s. 20.60(10) a complete and detailed annual report on the
2366 Microfinance Loan Program. The report must include:
2367 (a) A comprehensive description of the program, including
2368 an evaluation of its application and funding activities,
2369 recommendations for change, and identification of any other
2370 state programs that overlap with the program;
2371 (b) The financial institutions and the public and private
2372 organizations and individuals participating in the program;
2373 (c) An assessment of the current availability of and access
2374 to credit for entrepreneurs and small businesses in this state;
2375 (d) A summary of the financial and employment results of
2376 the entities receiving microloans;
2377 (e) The number of full-time equivalent jobs created as a
2378 result of the microloans and the amount of wages paid to
2379 employees in the newly created jobs;
2380 (f) The number and location of prospective loan
2381 administrators that responded to the department request for
2382 proposals;
2383 (g) The amount of state funds received by the loan
2384 administrator;
2385 (h) The number of microloan applications received by the
2386 loan administrator;
2387 (i) The number, duration, and location of microloans made
2388 by the loan administrator, including the aggregate number of
2389 microloans made to minority business enterprises if available;
2390 (j) The number and amount of microloans outstanding, if
2391 any;
2392 (k) The number and amount of microloans with payments
2393 overdue, if any;
2394 (l) The number and amount of microloans in default, if any;
2395 (m) The repayment history of the microloans made;
2396 (n) The repayment history and performance of funding
2397 awards;
2398 (o) An evaluation of the program’s ability to meet the
2399 financial performance measures and objectives specified in s.
2400 288.9934; and
2401 (p) A description and evaluation of the technical
2402 assistance and business management and development training
2403 provided by the network pursuant to its memorandum of
2404 understanding with the loan administrator.
2405 (2) The department shall submit the report provided to the
2406 department from Enterprise Florida, Inc., pursuant to
2407 288.9935(7) for inclusion in the department’s annual report
2408 required under s. 20.60(10).
2409 (3) The department shall require at least quarterly reports
2410 from the loan administrator. The loan administrator’s report
2411 must include, at a minimum, the number of microloan applications
2412 received, the number of microloans made, the amount and interest
2413 rate of each microloan made, the amount of technical assistance
2414 or business development and management training provided, the
2415 number of full-time equivalent jobs created as a result of the
2416 microloans, the amount of wages paid to employees in the newly
2417 created jobs, the six-digit North American Industry
2418 Classification System (NAICS) code associated with the
2419 borrower’s business, and the borrower’s locations.
2420 (4) The Office of Program Policy Analysis and Government
2421 Accountability shall conduct a study to evaluate the
2422 effectiveness and return on investment of the State Small
2423 Business Credit Initiative operated in this state pursuant to 12
2424 U.S.C. ss. 5701 et seq. The office shall submit a report to the
2425 President of the Senate and the Speaker of the House of
2426 Representatives by January 1, 2015.
2427 Section 55. Section 288.9937, Florida Statutes, is created
2428 to read:
2429 288.9937 Evaluation of programs.—The Office of Program
2430 Policy Analysis and Government Accountability shall analyze,
2431 evaluate, and determine the economic benefits, as defined in s.
2432 288.005, of the first 3 years of the Microfinance Loan Program
2433 and the Microfinance Guarantee Program. The analysis must also
2434 evaluate the number of jobs created, the increase or decrease in
2435 personal income, and the impact on state gross domestic product
2436 from the direct, indirect, and induced effects of the state’s
2437 investment. The analysis must also identify any inefficiencies
2438 in the programs and provide recommendations for changes to the
2439 programs. The office shall submit a report to the President of
2440 the Senate and the Speaker of the House of Representatives by
2441 January 1, 2018. This section expires January 31, 2018.
2442 Section 56. (1) The executive director of the Department of
2443 Economic Opportunity is authorized, and all conditions are
2444 deemed to be met, to adopt emergency rules pursuant to ss.
2445 120.536(1) and 120.54(4), Florida Statutes, for the purpose of
2446 implementing this act.
2447 (2) Notwithstanding any other provision of law, the
2448 emergency rules adopted pursuant to subsection (1) remain in
2449 effect for 6 months after adoption and may be renewed during the
2450 pendency of procedures to adopt permanent rules addressing the
2451 subject of the emergency rules.
2452 (3) This section shall expire October 1, 2015.
2453 Section 57. For the 2014-2015 fiscal year, the sum of $10
2454 million in nonrecurring funds from the General Revenue Fund is
2455 appropriated to the Department of Economic Opportunity to
2456 implement this act. From these nonrecurring funds, the
2457 Department of Economic Opportunity and Enterprise Florida, Inc.,
2458 may spend up to $100,000 to market and promote the programs
2459 created in this act. For the 2014-2015 fiscal year, one full
2460 time equivalent position is authorized with 55,000 of salary
2461 rate, and $64,759 of recurring funds and $3,018 of nonrecurring
2462 funds from the State Economic Enhancement and Development Trust
2463 Fund, $12,931 of recurring funds and $604 of nonrecurring funds
2464 from the Tourism Promotional Trust Fund, and $3,233 of recurring
2465 funds and $151 of nonrecurring funds from the Florida
2466 International Trade and Promotion Trust Fund are appropriated to
2467 the Department of Economic Opportunity to implement this act.
2468 Section 58. This act shall take effect July 1, 2014.
2469 ================= T I T L E A M E N D M E N T ================
2470 And the title is amended as follows:
2471 Delete everything before the enacting clause
2472 and insert:
2473 A bill to be entitled
2474 An act relating to economic development; amending s.
2475 163.3202, F.S.; requiring each county and municipality
2476 to adopt and enforce land development regulations in
2477 accordance with the submitted comprehensive plan;
2478 amending s. 212.098, F.S.; providing a sales tax
2479 refund for purchases of electricity by certain
2480 eligible businesses; providing an annual cap on the
2481 total amount of tax refunds that may be approved;
2482 authorizing the Department of Revenue to adopt rules;
2483 amending s. 288.0001, F.S.; requiring an analysis of
2484 the New Markets Development Program in the Economic
2485 Development Programs Evaluation; amending s. 288.005,
2486 F.S.; defining terms; creating s. 288.006, F.S.;
2487 providing requirements for loan programs relating to
2488 accountability and proper stewardship of funds;
2489 authorizing the Auditor General to conduct audits for
2490 a specified purpose; authorizing the department to
2491 adopt rules; amending s. 288.061, F.S.; deleting an
2492 incorrect cross-reference; amending s. 288.8013, F.S.;
2493 clarifying that the Auditor General’s annual audit of
2494 the Recovery Fund and Triumph Gulf Coast, Inc., is a
2495 performance audit; amending s. 288.8014, F.S.;
2496 providing that terms of the initial appointments to
2497 the board of directors of Triumph Gulf Coast, Inc.,
2498 begin after the Legislature appropriates funds to the
2499 Recovery Fund; providing initial appointment term
2500 limits; providing that the audit by the retained
2501 independent certified public accountant is annual;
2502 amending s. 288.987, F.S.; increasing the amount of
2503 funds that may be spent on staffing and administrative
2504 expenses of the Florida Defense Support Task Force;
2505 amending s. 290.0411, F.S.; revising legislative
2506 intent for purposes of the Florida Small Cities
2507 Community Development Block Grant Program; amending s.
2508 290.044, F.S.; requiring the Department of Economic
2509 Opportunity to adopt rules establishing a competitive
2510 selection process for loan guarantees and grants
2511 awarded under the block grant program; revising the
2512 criteria for the award of grants; amending s. 290.046,
2513 F.S.; revising limits on the number of grants that an
2514 applicant may apply for and receive; revising the
2515 requirement that the department conduct a site visit
2516 before awarding a grant; requiring the department to
2517 rank applications according to criteria established by
2518 rule and to distribute funds according to the
2519 rankings; revising scoring factors to consider in
2520 ranking applications; revising requirements for public
2521 hearings; providing that the creation of a citizen
2522 advisory task force is discretionary, rather than
2523 required; deleting a requirement that a local
2524 government obtain consent from the department for an
2525 alternative citizen participation plan; amending s.
2526 290.047, F.S.; revising the maximum amount and
2527 percentage of block grant funds that may be spent on
2528 certain costs and expenses; amending s. 290.0475,
2529 F.S.; conforming provisions to changes made by the
2530 act; amending s. 290.048, F.S.; deleting a provision
2531 authorizing the department to adopt and enforce strict
2532 requirements concerning an applicant’s written
2533 description of a service area; amending s. 331.3051,
2534 F.S.; requiring Space Florida to consult with the
2535 Florida Tourism Industry Marketing Corporation, rather
2536 than with Enterprise Florida, Inc., in developing a
2537 space tourism marketing plan; authorizing Space
2538 Florida to enter into an agreement with the
2539 corporation, rather than with Enterprise Florida,
2540 Inc., for a specified purpose; revising the research
2541 and development duties of Space Florida; creating s.
2542 331.371, F.S.; authorizing the Department of
2543 Transportation to fund strategic spaceport launch
2544 support facilities investment projects under certain
2545 conditions; repealing s. 443.036(26), F.S., relating
2546 to the definition of the term “initial skills review”;
2547 amending s. 443.091, F.S.; deleting the requirement
2548 that an unemployed individual take an initial skill
2549 review before he or she is eligible to receive
2550 reemployment assistance benefits; requiring the
2551 department to make available for such individual a
2552 voluntary online assessment that identifies an
2553 individual’s skills, abilities, and career aptitude;
2554 requiring information from such assessment to be made
2555 available to certain groups; revising the requirement
2556 that the department offer certain training
2557 opportunities; amending s. 443.1116, F.S.; defining
2558 the term “employer sponsored training”; revising the
2559 requirements for a short-term compensation plan to be
2560 approved by the department; revising the treatment of
2561 fringe benefits in such plan; requiring an employer to
2562 describe the manner in which the employer will
2563 implement the plan; requiring the director to approve
2564 the plan if it is consistent with employer obligations
2565 under law; prohibiting the department from denying
2566 short-time compensation benefits to certain
2567 individuals; amending s. 443.141, F.S.; providing an
2568 employer payment schedule for specified years’
2569 contributions to the Unemployment Compensation Trust
2570 Fund; providing applicability; amending s. 443.151,
2571 F.S.; requiring the department to provide an alternate
2572 means for filing claims when the approved electronic
2573 method is unavailable; amending ss. 125.271, 163.3177,
2574 163.3187, 163.3246, 211.3103, 212.098, 218.67, F.S.;
2575 renaming “rural areas of critical economic concern” as
2576 “rural areas of opportunity”; amending s. 288.018,
2577 F.S.; revising the maximum amount of grants that may
2578 be awarded; renaming “rural areas of critical economic
2579 concern” as “rural areas of opportunity”; amending ss.
2580 288.065, 288.0655, 288.0656, 288.1088, 288.1089,
2581 290.0055, 339.2819, 339.63, 373.4595, and 380.06,
2582 F.S.; renaming “rural areas of critical economic
2583 concern” as “rural areas of opportunity”; amending s.
2584 380.0651, F.S.; renaming “rural areas of critical
2585 economic concern” as “rural areas of opportunity”;
2586 adding a circumstance under which the requirement that
2587 two or more developments be aggregated and treated as
2588 a single development is inapplicable; amending ss.
2589 985.686 and 1011.76, F.S.; renaming “rural areas of
2590 critical economic concern” as “rural areas of
2591 opportunity”; amending ss. 215.425 and 443.1216, F.S.;
2592 conforming cross-references to changes made by the
2593 act; extending and renewing building permits and
2594 certain permits issued by the Department of
2595 Environmental Protection or a water management
2596 district, including any local government-issued
2597 development order or building permit issued pursuant
2598 thereto; limiting certain permit extensions to a
2599 specified period of time; extending commencement and
2600 completion dates for required mitigation associated
2601 with a phased construction project; requiring the
2602 holder of an extended permit or authorization to
2603 provide notice to the authorizing agency; providing
2604 exceptions to the extension and renewal of such
2605 permits; providing that extended permits are governed
2606 by certain rules; providing applicability; creating
2607 Part XIV of ch. 288, F.S., consisting of ss. 288.993
2608 288.9937, F.S., relating to microfinance programs;
2609 creating s. 288.993, F.S.; providing a short title;
2610 creating s. 288.9931, F.S.; providing legislative
2611 findings and intent; creating s. 288.9932, F.S.;
2612 defining terms; creating s. 288.9933, F.S.;
2613 authorizing the Department of Economic Opportunity to
2614 adopt rules to implement this part; creating s.
2615 288.9934, F.S.; establishing the Microfinance Loan
2616 Program; providing a purpose; defining the term “loan
2617 administrator”; requiring the Department of Economic
2618 Opportunity to contract with at least one entity to
2619 administer the program; requiring the loan
2620 administrator to contract with the department to
2621 receive an award of funds; providing other terms and
2622 conditions to receiving funds; specifying fees
2623 authorized to be charged by the department and the
2624 loan administrator; requiring the loan administrator
2625 to remit the microloan principal collected from all
2626 microloans made with state funds received by the loan
2627 administrator; providing for contract termination;
2628 providing for auditing and reporting; requiring
2629 applicants for funds from the Microfinance Loan
2630 Program to meet certain qualifications; requiring the
2631 department to be guided by the 5-year statewide
2632 strategic plan and to advertise and promote the loan
2633 program; requiring the department to perform a study
2634 on methods and best practices to increase the
2635 availability of and access to credit in this state;
2636 prohibiting the pledging of the credit of the state;
2637 authorizing the department to adopt rules; creating s.
2638 288.9935, F.S.; establishing the Microfinance
2639 Guarantee Program; defining the term “lender”;
2640 requiring the department to contract with Enterprise
2641 Florida, Inc., to administer the program; prohibiting
2642 Enterprise Florida, Inc., from guaranteeing certain
2643 loans; requiring borrowers to meet certain conditions
2644 before receiving a loan guarantee; requiring
2645 Enterprise Florida, Inc., to submit an annual report
2646 to the department; prohibiting the pledging of the
2647 credit of the state or Enterprise Florida, Inc.;
2648 creating s. 288.9936, F.S.; requiring the department
2649 to report annually on the Microfinance Loan Program;
2650 requiring the Office of Program Policy Analysis and
2651 Government Accountability to report on the
2652 effectiveness of the State Small Business Credit
2653 Initiative; creating s. 288.9937, F.S.; requiring the
2654 Office of Program Policy Analysis and Government
2655 Accountability to evaluate and report on the
2656 Microfinance Loan Program and the Microfinance
2657 Guarantee Program by a specified date; authorizing the
2658 executive director of the Department of Economic
2659 Opportunity to adopt emergency rules; providing an
2660 appropriation to the Department of Economic
2661 Opportunity; authorizing the Department of Economic
2662 Opportunity and Enterprise Florida, Inc., to spend a
2663 specified amount for marketing and promotional
2664 purposes; authorizing and providing an appropriation
2665 for one full-time equivalent position; providing an
2666 effective date.