Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 182 Ì138300gÎ138300 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Rodriguez) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 339.28154, Florida Statutes, is created 6 to read: 7 339.28154 Small 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. 69 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.