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.