Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 182
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Transportation (Rodriguez) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 339.28154, Florida Statutes, is created
    6  to read:
    7         339.28154Small Business Road Construction Mitigation Grant
    8  Program.—
    9         (1)The Legislature finds that it is in the best interest
   10  of the state to support small businesses that are negatively
   11  impacted by state road construction projects and to mitigate the
   12  negative impacts on such businesses. While the benefit of road
   13  construction and development by the state ultimately helps small
   14  business growth, small businesses may experience, in the short
   15  term, decreased revenue that may decrease economic activity,
   16  state revenue, and employment.
   17         (2)The department shall, subject to legislative
   18  appropriation, create a Small Business Road Construction
   19  Mitigation Grant Program to provide support for qualified
   20  businesses that are impacted by state road construction
   21  projects.
   22         (3)As used in this section, the term:
   23         (a)“Construction mitigation zone” means a geographic area
   24  with a high concentration of qualified businesses which is
   25  designated by the department as being impacted by a road
   26  construction project of the department.
   27         (b)“Qualified business” means an entity that:
   28         1.Is engaged in a for-profit business enterprise;
   29         2.Employs up to 40 full-time or part-time employees; and
   30         3.Is located in a construction mitigation zone.
   31         (4)(a)The department shall disburse grants to qualified
   32  businesses for the purpose of maintaining the businesses during
   33  a road construction project.
   34         (b)The grant to each qualified business may not exceed the
   35  decline in revenue demonstrated by the business or $15,000 per
   36  calendar year, whichever is less.
   37         (c)A qualified business may apply to the department for a
   38  grant only for a construction project lasting 90 days or more.
   39  To be eligible for a grant, the qualified business must
   40  demonstrate in its application a significant decline in revenue,
   41  including timelines connecting the project to such decline in
   42  revenue, in a format and manner prescribed by the department.
   43  The Department of Economic Opportunity shall, upon request and
   44  at no cost to the applicant, assist an applicant in preparing
   45  documentation to demonstrate such decline.
   46         (5)The department shall prioritize the awarding of each
   47  grant on a case-by-case basis using all of the following
   48  criteria:
   49         (a)Rate of decline in revenue.
   50         (b)Duration of construction.
   51         (c)Proximity to construction.
   52         (d)Severity of traffic disruption.
   53         (e)Lack of access to parking.
   54         (f)Lack of access for pedestrian traffic.
   55         (g)Any other criteria the department determines to be
   56  relevant.
   57         (6)Any grant received shall offset any damages awarded in
   58  a civil action against the department relating to the road
   59  construction project.
   60         (7)On or before January 31, 2019, the department shall
   61  submit a report to the President of the Senate and the Speaker
   62  of the House of Representatives detailing best practices and
   63  methods to reduce the negative impacts of road construction
   64  projects on qualified businesses, including a list of
   65  recommendations.
   66         (8)By August 31, 2018, the department shall initiate
   67  rulemaking to implement this section.
   68         Section 2. This act shall take effect July 1, 2018.
   70  ================= T I T L E  A M E N D M E N T ================
   71  And the title is amended as follows:
   72         Delete everything before the enacting clause
   73  and insert:
   74                        A bill to be entitled                      
   75         An act relating to the Small Business Road
   76         Construction Mitigation Grant Program; creating s.
   77         339.28154, F.S.; providing legislative findings;
   78         requiring the Department of Transportation to create a
   79         Small Business Road Construction Mitigation Grant
   80         Program; defining the terms “construction mitigation
   81         zone” and “qualified business”; requiring the
   82         department to disburse grants to qualified businesses
   83         for the purpose of maintaining the businesses during a
   84         road construction project; limiting the amount of each
   85         grant; providing application and eligibility
   86         requirements; requiring the Department of Economic
   87         Opportunity to provide assistance under certain
   88         circumstances; providing for prioritization of awards;
   89         providing that any grant awarded offsets any civil
   90         damages against the Department of Transportation;
   91         requiring the Department of Transportation to submit a
   92         certain report to the Legislature and initiate
   93         rulemaking by specified dates; providing an effective
   94         date.