Florida Senate - 2018                              CS for SB 182
       By the Committee on Transportation; and Senator Rodriguez
       596-02944-18                                           2018182c1
    1                        A bill to be entitled                      
    2         An act relating to the Small Business Road
    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 Road Construction Mitigation Grant
    7         Program; defining the terms “construction mitigation
    8         zone” and “qualified business”; requiring the
    9         department to disburse grants to qualified businesses
   10         for the purpose of maintaining the businesses during a
   11         road construction project; limiting the amount of each
   12         grant; providing application and eligibility
   13         requirements; requiring the Department of Economic
   14         Opportunity to provide assistance under certain
   15         circumstances; providing for prioritization of awards;
   16         providing that any grant awarded offsets any civil
   17         damages against the Department of Transportation;
   18         requiring the Department of Transportation to submit a
   19         certain report to the Legislature and initiate
   20         rulemaking by specified dates; providing an effective
   21         date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Section 339.28154, Florida Statutes, is created
   26  to read:
   27         339.28154Small Business Road Construction Mitigation Grant
   28  Program.—
   29         (1)The Legislature finds that it is in the best interest
   30  of the state to support small businesses that are negatively
   31  impacted by state road construction projects and to mitigate the
   32  negative impacts on such businesses. While the benefit of road
   33  construction and development by the state ultimately helps small
   34  business growth, small businesses may experience, in the short
   35  term, decreased revenue that may decrease economic activity,
   36  state revenue, and employment.
   37         (2)The department shall, subject to legislative
   38  appropriation, create a Small Business Road Construction
   39  Mitigation Grant Program to provide support for qualified
   40  businesses that are impacted by state road construction
   41  projects.
   42         (3)As used in this section, the term:
   43         (a)“Construction mitigation zone” means a geographic area
   44  with a high concentration of qualified businesses which is
   45  designated by the department as being impacted by a road
   46  construction project of the department.
   47         (b)“Qualified business” means an entity that:
   48         1.Is engaged in a for-profit business enterprise;
   49         2.Employs up to 40 full-time or part-time employees; and
   50         3.Is located in a construction mitigation zone.
   51         (4)(a)The department shall disburse grants to qualified
   52  businesses for the purpose of maintaining the businesses during
   53  a road construction project.
   54         (b)The grant to each qualified business may not exceed the
   55  decline in revenue demonstrated by the business or $15,000 per
   56  calendar year, whichever is less.
   57         (c)A qualified business may apply to the department for a
   58  grant only for a construction project lasting 90 days or more.
   59  To be eligible for a grant, the qualified business must
   60  demonstrate in its application a significant decline in revenue,
   61  including timelines connecting the project to such decline in
   62  revenue, in a format and manner prescribed by the department.
   63  The Department of Economic Opportunity shall, upon request and
   64  at no cost to the applicant, assist an applicant in preparing
   65  documentation to demonstrate such decline.
   66         (5)The department shall prioritize the awarding of each
   67  grant on a case-by-case basis using all of the following
   68  criteria:
   69         (a)Rate of decline in revenue.
   70         (b)Duration of construction.
   71         (c)Proximity to construction.
   72         (d)Severity of traffic disruption.
   73         (e)Lack of access to parking.
   74         (f)Lack of access for pedestrian traffic.
   75         (g)Any other criteria the department determines to be
   76  relevant.
   77         (6)Any grant received shall offset any damages awarded in
   78  a civil action against the department relating to the road
   79  construction project.
   80         (7)On or before January 31, 2019, the department shall
   81  submit a report to the President of the Senate and the Speaker
   82  of the House of Representatives detailing best practices and
   83  methods to reduce the negative impacts of road construction
   84  projects on qualified businesses, including a list of
   85  recommendations.
   86         (8)By August 31, 2018, the department shall initiate
   87  rulemaking to implement this section.
   88         Section 2. This act shall take effect July 1, 2018.