Florida Senate - 2018 SB 182 By Senator Rodriguez 37-00293A-18 2018182__ 1 A bill to be entitled 2 An act relating to the Small Business Roadway 3 Construction Mitigation Grant Program; creating s. 4 339.28154, F.S.; providing legislative findings; 5 requiring the Department of Transportation to create a 6 Small Business Roadway Construction Mitigation Grant 7 Program; defining the terms “construction mitigation 8 zone” and “qualified business”; requiring the program 9 to disburse grants using funds allocated to the 10 department by the Legislature to certain qualified 11 businesses for the purpose of maintaining the 12 businesses during a construction project of the 13 department; providing restrictions on the amount of 14 each grant; providing application requirements; 15 providing eligibility criteria; requiring the 16 department to make a report and to submit the report 17 to the Legislature by a specified date; requiring the 18 department to initiate rulemaking by a specified date; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 339.28154, Florida Statutes, is created 24 to read: 25 339.28154 Small Business Roadway Construction Mitigation 26 Grant Program.— 27 (1) The Legislature finds that it is in the best interest 28 of the state to support small businesses that are negatively 29 impacted by state construction projects and to mitigate the 30 negative impacts on such businesses. While the benefit of 31 construction and development by the state ultimately helps small 32 business growth, small businesses may experience in the short 33 term decreased revenue that may decrease economic activity, 34 state revenue, and employment. 35 (2) The department shall create a Small Business Roadway 36 Construction Mitigation Grant Program to provide support for 37 small businesses that are impacted by state construction 38 projects. 39 (3) As used in this section, the term: 40 (a) “Construction mitigation zone” means a geographic area 41 with a high concentration of qualified businesses which is 42 designated by the department as being impacted by a construction 43 project of the department. 44 (b) “Qualified business” means an entity that: 45 1. Is engaged in a for-profit business enterprise; 46 2. Employs up to 40 full-time or part-time employees; and 47 3. Is located in a construction mitigation zone. 48 (4)(a) The Small Business Roadway Construction Mitigation 49 Grant Program shall disburse grants using funds allocated to the 50 department by the Legislature to any qualified business located 51 in a construction mitigation zone which is affected by a 52 construction project of the department for the purpose of 53 maintaining the business during the construction. 54 (b) The grant to each qualified business may not exceed the 55 decline in profits demonstrated by the business or $15,000 per 56 calendar year, whichever is less. 57 (c) A qualified business may apply for a construction 58 mitigation grant only for a construction project lasting 90 days 59 or more. The qualified business must demonstrate in its 60 application a significant decline in revenue, including 61 timelines connecting the loss of revenue to the project, in a 62 format and manner prescribed by the department. 63 (5) The department shall determine the eligibility of a 64 qualified business for a construction mitigation grant on a 65 case-by-case basis using all of the following criteria: 66 (a) Construction duration. 67 (b) Proximity to construction. 68 (c) Severity of traffic disruption. 69 (d) Lack of access to parking. 70 (e) Lack of access for pedestrian traffic. 71 (f) Any other criteria that the department determines to be 72 relevant. 73 (6) The department shall make a report detailing best 74 practices and methods to reduce the negative impacts of 75 construction projects on qualified businesses in construction 76 mitigation zones. By January 31, 2019, the department shall 77 submit the report, including a list of recommendations, to the 78 President of the Senate and the Speaker of the House of 79 Representatives. 80 (7) By August 31, 2018, the department shall initiate 81 rulemaking to implement this section. 82 Section 2. This act shall take effect July 1, 2018.