Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1664
       
       
       
       
       
       
                                Ì964468TÎ964468                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/26/2023           .                                
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       The Committee on Fiscal Policy (Hooper) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. (1)All duties, functions, records, pending
    6  issues, existing contracts, administrative authority,
    7  administrative rules, and unexpended balances of appropriations,
    8  allocations, and other public funds relating to Enterprise
    9  Florida, Inc., are transferred by a type two transfer, as
   10  defined in s. 20.06, Florida Statutes, to the Department of
   11  Commerce, as created by this act.
   12         (2) It is the intent of the Legislature that the changes
   13  made by this act be accomplished with minimal disruption of
   14  services provided to the public and with minimal disruption to
   15  employees of any organization. To that end, the Legislature
   16  directs all applicable units of state government to contribute
   17  to the successful implementation of this act, and the
   18  Legislature believes that a transition period between the
   19  effective date of this act and December 1, 2023, is appropriate
   20  and warranted.
   21         (3)(a)The Department of Commerce, as created by this act,
   22  and Enterprise Florida, Inc., shall each coordinate the
   23  development and implementation of a transition plan by August 1,
   24  2023, that supports the implementation of this act. The
   25  department shall coordinate the submission of any budget
   26  amendments, in accordance with chapter 216, Florida Statutes,
   27  which may be necessary to implement this act.
   28         (b) The Legislature directs that notwithstanding the
   29  changes made by this act, Enterprise Florida, Inc., may continue
   30  with such powers, duties, functions, records, offices,
   31  personnel, property, pending issues, and existing contracts as
   32  provided in Florida Statutes 2022 until December 1, 2023, except
   33  that the board of directors shall stand repealed on October 1,
   34  2023. The president of Enterprise Florida, Inc., shall continue
   35  the operations of the direct-support organization until full
   36  implementation of the transition plan. The transition plan shall
   37  provide for transfer of powers, duties, functions, records,
   38  offices, personnel, property, pending issues, and existing
   39  contracts related to international business development and
   40  trade to the direct-support organization created under s.
   41  288.012, Florida Statutes.
   42         (4)The transfer of any program, activity, duty, or
   43  function under this act includes the transfer of any records and
   44  unexpended balances of appropriations, allocations, or other
   45  funds related to such program, activity, duty, or function.
   46  Unless otherwise provided, the successor organization to any
   47  program, activity, duty, or function transferred under this act
   48  shall become the custodian of any property of the organization
   49  that was responsible for the program, activity, duty, or
   50  function immediately prior to the transfer.
   51         (5)Any binding contract or interagency agreement existing
   52  before December 1, 2023, between Enterprise Florida, Inc., and
   53  any other agency, entity, or person shall continue as a binding
   54  contract or agreement for the remainder of the term of such
   55  contract or agreement on the successor department, agency, or
   56  entity responsible for the program, activity, or functions
   57  relative to the contract or agreement.
   58         (6)Any funds held in trust which were donated to or earned
   59  by the Division of International Trade and Business Development,
   60  the Division of Sports Industry Development, or the Division of
   61  Tourism Marketing of Enterprise Florida, Inc., shall be
   62  transferred to the direct-support organization created under s.
   63  288.012, Florida Statutes, the Florida Tourism Industry
   64  Marketing Corporation, or the Florida Sports Foundation, as
   65  appropriate, for the original purposes of the funds.
   66         (7)The department shall submit in a timely manner to the
   67  applicable federal departments or agencies any necessary
   68  amendments or supplemental information concerning plans which
   69  the state or one of the entities is required to submit to the
   70  Federal Government in connection with any federal or state
   71  program. The department shall seek any waivers from the
   72  requirements of federal law or rules which may be necessary to
   73  administer the provisions of this act.
   74         Section 2. The Legislature recognizes that there is a need
   75  to conform the Florida Statutes to the policy decisions
   76  reflected in this act and that there is a need to resolve
   77  apparent conflicts between any other legislation that has been
   78  or may be enacted during the 2023 Regular Session of the
   79  Legislature and the transfer of duties made by this act.
   80  Therefore, in the interim between this act becoming law and the
   81  2024 Regular Session of the Legislature or an earlier special
   82  session addressing this issue, the Division of Law Revision
   83  shall provide the relevant substantive committees of the Senate
   84  and the House of Representatives with assistance, upon request,
   85  to enable such committees to prepare draft legislation to
   86  conform the Florida Statutes and any legislation enacted during
   87  2023 to the provisions of this act.
   88         Section 3. For programs established pursuant to s.
   89  220.1899, s. 220.194, s. 288.1045, s. 288.106, s. 288.1081, s.
   90  288.1082, s. 288.1088, s. 288.1089, s. 288.95155, s. 288.9916,
   91  or s. 288.9934, Florida Statutes, no new or additional
   92  applications or certifications shall be approved, no new letters
   93  of certification may be issued, no new contracts or agreements
   94  may be executed, and no new awards may be made. Any existing
   95  contracts or agreements authorized under any of these programs
   96  shall continue in full force and effect in accordance with the
   97  statutory requirements in effect when the contract or agreement
   98  was executed or last modified. However, no further
   99  modifications, extensions, or waivers may be made or granted
  100  relating to such contracts or agreements except computations by
  101  the Department of Revenue of the income generated by or arising
  102  out of the qualifying project.
  103         Section 4. (1)For the 2023-2024 fiscal year, the sum of $5
  104  million in recurring funds from the Florida International Trade
  105  and Promotion Trust Fund is appropriated to the direct-support
  106  organization created under s. 288.012, Florida Statutes.
  107         (2)For the 2023-2024 fiscal year, 20 full-time equivalent
  108  positions with associated salary rate of 1,406,860 are
  109  authorized and the sum of $5 million in recurring funds from the
  110  State Economic Enhancement and Development Trust Fund is
  111  appropriated to the Department of Economic Opportunity to carry
  112  out the provisions of this act. The remaining funds are
  113  appropriated to the department to carry-out the provisions of
  114  this act.
  115         (3)For the 2023-2024 fiscal year, the sum of $2 million in
  116  nonrecurring funds from the State Economic Enhancement and
  117  Development Trust Fund is appropriated to Enterprise Florida,
  118  Inc., to facilitate the transition plan and transfers required
  119  by this act. The unexpended balance of funds as of December 31,
  120  2023, shall revert.
  121         Section 5. Paragraph (i) of subsection (3) of section
  122  11.45, Florida Statutes, is amended to read:
  123         11.45 Definitions; duties; authorities; reports; rules.—
  124         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
  125  General may, pursuant to his or her own authority, or at the
  126  direction of the Legislative Auditing Committee, conduct audits
  127  or other engagements as determined appropriate by the Auditor
  128  General of:
  129         (i)Enterprise Florida, Inc., including any of its boards,
  130  advisory committees, or similar groups created by Enterprise
  131  Florida, Inc., and programs. The audit report may not reveal the
  132  identity of any person who has anonymously made a donation to
  133  Enterprise Florida, Inc., pursuant to this paragraph. The
  134  identity of a donor or prospective donor to Enterprise Florida,
  135  Inc., who desires to remain anonymous and all information
  136  identifying such donor or prospective donor are confidential and
  137  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  138  of the State Constitution. Such anonymity shall be maintained in
  139  the auditor’s report.
  140         Section 6. Paragraph (a) of subsection (3) of section
  141  14.32, Florida Statutes, is amended to read:
  142         14.32 Office of Chief Inspector General.—
  143         (3) Related to public-private partnerships, the Chief
  144  Inspector General:
  145         (a) Shall advise public-private partnerships, including
  146  Enterprise Florida, Inc., in their development, utilization, and
  147  improvement of internal control measures necessary to ensure
  148  fiscal accountability.
  149         Section 7. Section 15.18, Florida Statutes, is amended to
  150  read:
  151         15.18 International and cultural relations.—The Divisions
  152  of Arts and Culture, Historical Resources, and Library and
  153  Information Services of the Department of State promote programs
  154  having substantial cultural, artistic, and indirect economic
  155  significance that emphasize American creativity. The Secretary
  156  of State, as the head administrator of these divisions, shall
  157  hereafter be known as “Florida’s Chief Arts and Culture
  158  Officer.” As this officer, the Secretary of State is encouraged
  159  to initiate and develop relationships between the state and
  160  foreign cultural officers, their representatives, and other
  161  foreign governmental officials in order to promote Florida as
  162  the center of American creativity. The Secretary of State shall
  163  coordinate international activities pursuant to this section
  164  with the Department of Commerce Enterprise Florida, Inc., and
  165  any other organization the secretary deems appropriate. For the
  166  accomplishment of this purpose, the Secretary of State shall
  167  have the power and authority to:
  168         (1) Disseminate any information pertaining to the State of
  169  Florida which promotes the state’s cultural assets.
  170         (2) Plan and carry out activities designed to cause
  171  improved cultural and governmental programs and exchanges with
  172  foreign countries.
  173         (3) Plan and implement cultural and social activities for
  174  visiting foreign heads of state, diplomats, dignitaries, and
  175  exchange groups.
  176         (4) Encourage and cooperate with other public and private
  177  organizations or groups in their efforts to promote the cultural
  178  advantages of Florida.
  179         (5) Serve as the liaison with all foreign consular and
  180  ambassadorial corps, as well as international organizations,
  181  that are consistent with the purposes of this section.
  182         (6) Provide, arrange, and make expenditures for the
  183  achievement of any or all of the purposes specified in this
  184  section.
  185         Section 8. Subsection (2) of section 15.182, Florida
  186  Statutes, is amended to read:
  187         15.182 International travel by state-funded musical,
  188  cultural, or artistic organizations; notification to the
  189  Department of State.—
  190         (2) The Department of State, in conjunction with the
  191  Department of Commerce Economic Opportunity and Enterprise
  192  Florida, Inc., shall act as an intermediary between performing
  193  musical, cultural, and artistic organizations and Florida
  194  businesses to encourage and coordinate joint undertakings. Such
  195  coordination may include, but is not limited to, encouraging
  196  business and industry to sponsor cultural events, assistance
  197  with travel of such organizations, and coordinating travel
  198  schedules of cultural performance groups and international trade
  199  missions.
  200         Section 9. Effective July 1, 2024, paragraph (a) of
  201  subsection (7) of section 20.435, Florida Statutes, is amended
  202  to read:
  203         20.435 Department of Health; trust funds.—The following
  204  trust funds shall be administered by the Department of Health:
  205         (7) Biomedical Research Trust Fund.
  206         (a) Funds to be credited to the trust fund shall consist of
  207  funds appropriated by the Legislature. Funds shall be used for
  208  the purposes of the James and Esther King Biomedical Research
  209  Program, the Casey DeSantis Cancer Research Program, and the
  210  William G. “Bill” Bankhead, Jr., and David Coley Cancer Research
  211  Program as specified in ss. 215.5602, 288.955, 381.915, and
  212  381.922. The trust fund is exempt from the service charges
  213  imposed by s. 215.20.
  214         Section 10. Section 20.60, Florida Statutes, is amended to
  215  read:
  216         20.60 Department of Commerce Economic Opportunity;
  217  creation; powers and duties.—
  218         (1) There is created the Department of Commerce Economic
  219  Opportunity.
  220         (2) The head of the department is the Secretary of Commerce
  221  Economic Opportunity, who shall be appointed by the Governor,
  222  subject to confirmation by the Senate. The secretary shall serve
  223  at the pleasure of and report to the Governor and shall serve as
  224  the Governor’s chief negotiator for business recruitment and
  225  expansion and economic development. The secretary may appoint
  226  deputy and assistant secretaries as necessary to aid the
  227  secretary in fulfilling his or her statutory obligations.
  228         (3)(a) The following divisions and offices of the
  229  Department of Commerce Economic Opportunity are established:
  230         1. The Division of Economic Strategic Business Development.
  231         2. The Division of Community Development.
  232         3. The Division of Workforce Services.
  233         4. The Division of Finance and Administration.
  234         5. The Division of Information Technology.
  235         6. The Office of the Secretary.
  236         7. The Office of Economic Accountability and Transparency,
  237  which shall:
  238         a. Oversee the department’s critical objectives as
  239  determined by the secretary and make sure that the department’s
  240  key objectives are clearly communicated to the public.
  241         b. Organize department resources, expertise, data, and
  242  research to focus on and solve the complex economic challenges
  243  facing the state.
  244         c. Provide leadership for the department’s priority issues
  245  that require integration of policy, management, and critical
  246  objectives from multiple programs and organizations internal and
  247  external to the department; and organize and manage external
  248  communication on such priority issues.
  249         d. Promote and facilitate key department initiatives to
  250  address priority economic issues and explore data and identify
  251  opportunities for innovative approaches to address such economic
  252  issues.
  253         e. Promote strategic planning for the department.
  254         (b) The secretary:
  255         1. May create offices within the Office of the Secretary
  256  and within the divisions established in paragraph (a) to promote
  257  efficient and effective operation of the department.
  258         2. Shall appoint a director for each division, who shall
  259  directly administer his or her division and be responsible to
  260  the secretary.
  261         (4) The purpose of the department is to assist the Governor
  262  in working with the Legislature, state agencies, business
  263  leaders, and economic development professionals to formulate and
  264  implement coherent and consistent policies and strategies
  265  designed to promote economic opportunities for all Floridians.
  266  The department is the state’s chief agency for business
  267  recruitment and expansion and economic development. To
  268  accomplish such purposes, the department shall:
  269         (a) Facilitate the direct involvement of the Governor and
  270  the Lieutenant Governor in economic development and workforce
  271  development projects designed to create, expand, and retain
  272  businesses in this state, to recruit business from around the
  273  world, to promote the state as a pro-business location for new
  274  investment, and to facilitate other job-creating efforts.
  275         (b) Recruit new businesses to this state and promote the
  276  expansion of existing businesses by expediting permitting and
  277  location decisions, worker placement and training, and incentive
  278  awards.
  279         (c) Promote viable, sustainable communities by providing
  280  technical assistance and guidance on growth and development
  281  issues, grants, and other assistance to local communities.
  282         (d) Ensure that the state’s goals and policies relating to
  283  economic development, workforce development, community planning
  284  and development, and affordable housing are fully integrated
  285  with appropriate implementation strategies.
  286         (e) Manage the activities of public-private partnerships
  287  and state agencies in order to avoid duplication and promote
  288  coordinated and consistent implementation of programs in areas
  289  including, but not limited to, tourism; international trade and
  290  investment; business recruitment, creation, retention, and
  291  expansion; minority and small business development; defense,
  292  space, and aerospace development; rural community development;
  293  and the development and promotion of professional and amateur
  294  sporting events.
  295         (f) Coordinate with state agencies on the processing of
  296  state development approvals or permits to minimize the
  297  duplication of information provided by the applicant and the
  298  time before approval or disapproval.
  299         (g) Notwithstanding part I of chapter 287, contract with
  300  the direct-support organization created under s. 288.1229 to
  301  guide, stimulate, and promote the sports industry in this state,
  302  to promote the participation of residents of this state in
  303  amateur athletic competition, and to promote this state as a
  304  host for national and international amateur athletic
  305  competitions.
  306         (h) Encourage and oversee the coordination of international
  307  trade development efforts of public institutions, business
  308  associations, economic development councils, and private
  309  industry. Notwithstanding part I of chapter 287, the department
  310  shall contract with the direct-support organization created
  311  under s. 288.012 to assist with coordination, provide services
  312  through State of Florida international offices, and assist in
  313  developing and carrying out the 5-year statewide strategic plan
  314  as it relates to foreign investment, international partnerships,
  315  and other international business and trade development.
  316         (i)Support Florida’s defense, space, and aerospace
  317  industries, including research and development, and strengthen
  318  this state’s existing leadership in defense, space, and
  319  aerospace activity and economic growth.
  320         (5) The divisions within the department have specific
  321  responsibilities to achieve the duties, responsibilities, and
  322  goals of the department. Specifically:
  323         (a) The Division of Economic Strategic Business Development
  324  shall:
  325         1. Analyze and evaluate business prospects identified by
  326  the Governor and, the secretary, and Enterprise Florida, Inc.
  327         2. Administer certain tax refund, tax credit, and grant
  328  programs created in law. Notwithstanding any other provision of
  329  law, the department may expend interest earned from the
  330  investment of program funds deposited in the Grants and
  331  Donations Trust Fund to contract for the administration of those
  332  programs, or portions of the programs, assigned to the
  333  department by law, by the appropriations process, or by the
  334  Governor. Such expenditures shall be subject to review under
  335  chapter 216.
  336         3. Develop measurement protocols for the state incentive
  337  programs and for the contracted entities which will be used to
  338  determine their performance and competitive value to the state.
  339  Performance measures, benchmarks, and sanctions must be
  340  developed in consultation with the legislative appropriations
  341  committees and the appropriate substantive committees, and are
  342  subject to the review and approval process provided in s.
  343  216.177. The approved performance measures, standards, and
  344  sanctions shall be included and made a part of the strategic
  345  plan for contracts entered into for delivery of programs
  346  authorized by this section.
  347         4. Develop a 5-year statewide strategic plan. The strategic
  348  plan must include, but need not be limited to:
  349         a. Strategies for the promotion of business formation,
  350  expansion, recruitment, and retention through aggressive
  351  marketing, attraction of venture capital and finance
  352  development, domestic trade, international development, and
  353  export assistance, which lead to more and better jobs and higher
  354  wages for all geographic regions, disadvantaged communities, and
  355  populations of the state, including rural areas, minority
  356  businesses, and urban core areas.
  357         b. The development of realistic policies and programs to
  358  further the economic diversity of the state, its regions, and
  359  their associated industrial clusters.
  360         c. Specific provisions for the stimulation of economic
  361  development and job creation in rural areas and midsize cities
  362  and counties of the state, including strategies for rural
  363  marketing and the development of infrastructure in rural areas.
  364         d. Provisions for the promotion of the successful long-term
  365  economic development of the state with increased emphasis in
  366  market research and information.
  367         e. Plans for the generation of foreign investment in the
  368  state which create jobs paying above-average wages and which
  369  result in reverse investment in the state, including programs
  370  that establish viable overseas markets, assist in meeting the
  371  financing requirements of export-ready firms, broaden
  372  opportunities for international joint venture relationships, use
  373  the resources of academic and other institutions, coordinate
  374  trade assistance and facilitation services, and facilitate
  375  availability of and access to education and training programs
  376  that assure requisite skills and competencies necessary to
  377  compete successfully in the global marketplace.
  378         f. The identification of business sectors that are of
  379  current or future importance to the state’s economy and to the
  380  state’s global business image, and development of specific
  381  strategies to promote the development of such sectors.
  382         g. Strategies for talent development necessary in the state
  383  to encourage economic development growth, taking into account
  384  factors such as the state’s talent supply chain, education and
  385  training opportunities, and available workforce.
  386         h.Strategies and plans to support this state’s defense,
  387  space, and aerospace industries and the emerging complementary
  388  business activities and industries that support the development
  389  and growth of defense, space, and aerospace in this state.
  390         5. Update the strategic plan every 5 years.
  391         6. Involve Enterprise Florida, Inc.; CareerSource Florida,
  392  Inc.; direct-support organizations of the department; local
  393  governments; the general public; local and regional economic
  394  development organizations; other local, state, and federal
  395  economic, international, and workforce development entities; the
  396  business community; and educational institutions to assist with
  397  the strategic plan.
  398         7. Coordinate with the Florida Tourism Industry Marketing
  399  Corporation in the development of the 4-year marketing plan
  400  required by s. 288.12261.
  401         (b) The Division of Community Development shall:
  402         1. Assist local governments and their communities in
  403  finding creative planning solutions to help them foster vibrant,
  404  healthy communities, while protecting the functions of important
  405  state resources and facilities.
  406         2. Administer state and federal grant programs as provided
  407  by law to provide community development and project planning
  408  activities to maintain viable communities, revitalize existing
  409  communities, and expand economic development and employment
  410  opportunities, including:
  411         a. The Community Services Block Grant Program.
  412         b. The Community Development Block Grant Program in chapter
  413  290.
  414         c. The Low-Income Home Energy Assistance Program in chapter
  415  409.
  416         d. The Weatherization Assistance Program in chapter 409.
  417         e. The Neighborhood Stabilization Program.
  418         f. The local comprehensive planning process and the
  419  development of regional impact process.
  420         g. The Front Porch Florida Initiative through the Office of
  421  Urban Opportunity, which is created within the division. The
  422  purpose of the office is to administer the Front Porch Florida
  423  initiative, a comprehensive, community-based urban core
  424  redevelopment program that enables urban core residents to craft
  425  solutions to the unique challenges of each designated community.
  426         3. Assist in developing the 5-year statewide strategic plan
  427  required by this section.
  428         (c) The Division of Workforce Services shall:
  429         1. Prepare and submit a unified budget request for
  430  workforce development in accordance with chapter 216 for, and in
  431  conjunction with, the state board as defined in s. 445.002.
  432         2. Ensure that the state appropriately administers federal
  433  and state workforce funding by administering plans and policies
  434  of the state board as defined in s. 445.002. The operating
  435  budget and midyear amendments thereto must be part of such
  436  contract.
  437         a. All program and fiscal instructions to local workforce
  438  development boards shall emanate from the Department of Commerce
  439  Economic Opportunity pursuant to plans and policies of the state
  440  board as defined in s. 445.002, which shall be responsible for
  441  all policy directions to the local workforce development boards.
  442         b. Unless otherwise provided by agreement with the state
  443  board as defined in s. 445.002, administrative and personnel
  444  policies of the Department of Commerce Economic Opportunity
  445  apply.
  446         3. Implement the state’s reemployment assistance program.
  447  The Department of Commerce Economic Opportunity shall ensure
  448  that the state appropriately administers the reemployment
  449  assistance program pursuant to state and federal law.
  450         4. Assist in developing the 5-year statewide strategic plan
  451  required by this section, including identifying education and
  452  training programs to ensure that the state has the skilled and
  453  competent workforce necessary to attract and grow business in
  454  this state and allow them to compete successfully in domestic
  455  and global markets.
  456         (6)(a) The Department of Commerce Economic Opportunity is
  457  the administrative agency designated for receipt of federal
  458  workforce development grants and other federal funds. The
  459  department shall administer the duties and responsibilities
  460  assigned by the Governor under each federal grant assigned to
  461  the department. The department shall expend each revenue source
  462  as provided by federal and state law and as provided in plans
  463  developed by and agreements with the state board as defined in
  464  s. 445.002. The department may serve as the contract
  465  administrator for contracts entered into by the state board
  466  under s. 445.004(5).
  467         (b) The Department of Commerce Economic Opportunity shall
  468  serve as the designated agency for purposes of each federal
  469  workforce development grant assigned to it for administration.
  470  The department shall carry out the duties assigned to it by the
  471  Governor, under the terms and conditions of each grant. The
  472  department shall have the level of authority and autonomy
  473  necessary to be the designated recipient of each federal grant
  474  assigned to it and shall disburse such grants pursuant to the
  475  plans and policies of the state board as defined in s. 445.002.
  476  The secretary may, upon delegation from the Governor and
  477  pursuant to agreement with the state board, sign contracts,
  478  grants, and other instruments as necessary to execute functions
  479  assigned to the department. Notwithstanding other provisions of
  480  law, the department shall administer other programs funded by
  481  federal or state appropriations, as determined by the
  482  Legislature in the General Appropriations Act or other law.
  483         (7) The department may provide or contract for training for
  484  employees of administrative entities and case managers of any
  485  contracted providers to ensure they have the necessary
  486  competencies and skills to provide adequate administrative
  487  oversight and delivery of the full array of client services.
  488         (8) The Reemployment Assistance Appeals Commission,
  489  authorized by s. 443.012, is not subject to control,
  490  supervision, or direction by the department in the performance
  491  of its powers and duties but shall receive any and all support
  492  and assistance from the department which is required for the
  493  performance of its duties.
  494         (9) The secretary shall:
  495         (a) Manage all activities and responsibilities of the
  496  department.
  497         (b) Serve as the manager for the state with respect to
  498  contracts with Enterprise Florida, Inc., and all applicable
  499  direct-support organizations. To accomplish the provisions of
  500  this section and applicable provisions of chapter 288, and
  501  notwithstanding the provisions of part I of chapter 287, the
  502  secretary shall enter into specific contracts with Enterprise
  503  Florida, Inc., and other appropriate direct-support
  504  organizations. Such contracts may be for multiyear terms and
  505  must include specific performance measures for each year. For
  506  purposes of this section, the Florida Tourism Industry Marketing
  507  Corporation and the Institute for Commercialization of Florida
  508  Technology is are not an appropriate direct-support organization
  509  organizations.
  510         (c) Serve as a member of the board of directors of the
  511  Florida Development Finance Corporation. The secretary may
  512  designate an employee of the department to serve in this
  513  capacity.
  514         (10) The department, with assistance from Enterprise
  515  Florida, Inc., shall, by November 1 of each year, submit an
  516  annual report to the Governor, the President of the Senate, and
  517  the Speaker of the House of Representatives on the condition of
  518  the business climate and economic development in the state.
  519         (a) The report must include the identification of problems
  520  and a prioritized list of recommendations.
  521         (b) The department shall collect and maintain data on the
  522  development and utilization of the international trade
  523  development program for inclusion in the report.
  524         (c) The report must incorporate annual reports of other
  525  programs, including:
  526         1.Information provided by the Department of Revenue under
  527  s. 290.014.
  528         2.Information provided by enterprise zone development
  529  agencies under s. 290.0056 and an analysis of the activities and
  530  accomplishments of each enterprise zone.
  531         3.The Economic Gardening Business Loan Pilot Program
  532  established under s. 288.1081 and the Economic Gardening
  533  Technical Assistance Pilot Program established under s.
  534  288.1082.
  535         1.4. A detailed report of the performance of the Black
  536  Business Loan Program and a cumulative summary of quarterly
  537  report data required under s. 288.714.
  538         2.5. The Rural Economic Development Initiative established
  539  under s. 288.0656.
  540         3.6. The Florida Unique Abilities Partner Program.
  541         4.7. A detailed report of the performance of the Florida
  542  Development Finance Corporation and a summary of the
  543  corporation’s report required under s. 288.9610.
  544         (11) The department shall establish annual performance
  545  standards for Enterprise Florida, Inc.; CareerSource Florida,
  546  Inc.; the Florida Tourism Industry Marketing Corporation; Space
  547  Florida; and the Florida Development Finance Corporation; and
  548  any other direct-support organization of the department and
  549  report annually on how these performance measures are being met
  550  in the annual report required under subsection (10).
  551         (12) The department shall have an official seal by which
  552  its records, orders, and proceedings are authenticated. The seal
  553  shall be judicially noticed.
  554         (13) The department shall administer the role of state
  555  government under part I of chapter 421, relating to public
  556  housing; chapter 422, relating to housing cooperation law; and
  557  chapter 423, tax exemption of housing authorities. The
  558  department is the agency of state government responsible for the
  559  state’s role in housing and urban development.
  560         Section 11. Section 20.601, Florida Statutes, is repealed.
  561         Section 12. Subsection (11) of section 159.803, Florida
  562  Statutes, is amended to read:
  563         159.803 Definitions.—As used in this part, the term:
  564         (11) “Florida First Business project” means any project
  565  which is certified by the Department of Commerce Economic
  566  Opportunity as eligible to receive an allocation from the
  567  Florida First Business allocation pool established pursuant to
  568  s. 159.8083. The Department of Commerce Economic Opportunity may
  569  certify those projects proposed by a business which qualify as a
  570  target industry business as defined in s. 288.005 meeting the
  571  criteria set forth in s. 288.106(4)(b) or any project providing
  572  a substantial economic benefit to this state. The department
  573  shall develop measurement protocols and performance measures to
  574  determine what competitive value a project by a target industry
  575  business will bring to the state pursuant to ss. 20.60(5)(a)3.
  576  and 288.061(2).
  577         Section 13. Section 189.033, Florida Statutes, is amended
  578  to read:
  579         189.033 Independent special district services in
  580  disproportionally affected county; rate reduction for providers
  581  providing economic benefits.—If the governing body of an
  582  independent special district that provides water, wastewater,
  583  and sanitation services in a disproportionally affected county,
  584  as defined in s. 288.106(8), determines that a new user or the
  585  expansion of an existing user of one or more of its utility
  586  systems will provide a significant benefit to the community in
  587  terms of increased job opportunities, economies of scale, or
  588  economic development in the area, the governing body may
  589  authorize a reduction of its rates, fees, or charges for that
  590  user for a specified period of time. A governing body that
  591  exercises this power must do so by resolution that states the
  592  anticipated economic benefit justifying the reduction as well as
  593  the period of time that the reduction will remain in place. As
  594  used in this section, the term “disproportionally affected
  595  county” means Bay County, Escambia County, Franklin County, Gulf
  596  County, Okaloosa County, Santa Rosa County, Walton County, or
  597  Wakulla County.
  598         Section 14. Paragraph (a) of subsection (14) of section
  599  196.012, Florida Statutes, is amended, to read:
  600         196.012 Definitions.—For the purpose of this chapter, the
  601  following terms are defined as follows, except where the context
  602  clearly indicates otherwise:
  603         (14) “New business” means:
  604         (a)1. A business or organization establishing 10 or more
  605  new jobs to employ 10 or more full-time employees in this state,
  606  paying an average wage for such new jobs that is above the
  607  average wage in the area, which principally engages in any one
  608  or more of the following operations:
  609         a. Manufactures, processes, compounds, fabricates, or
  610  produces for sale items of tangible personal property at a fixed
  611  location and which comprises an industrial or manufacturing
  612  plant; or
  613         b. Is a target industry business as defined in s. 288.005
  614  s. 288.106(2)(q);
  615         2. A business or organization establishing 25 or more new
  616  jobs to employ 25 or more full-time employees in this state, the
  617  sales factor of which, as defined by s. 220.15(5), for the
  618  facility with respect to which it requests an economic
  619  development ad valorem tax exemption is less than 0.50 for each
  620  year the exemption is claimed; or
  621         3. An office space in this state owned and used by a
  622  business or organization newly domiciled in this state; provided
  623  such office space houses 50 or more full-time employees of such
  624  business or organization; provided that such business or
  625  organization office first begins operation on a site clearly
  626  separate from any other commercial or industrial operation owned
  627  by the same business or organization.
  628         Section 15. Paragraphs (j) and (q) of subsection (5) of
  629  section 212.08, Florida Statutes, are amended to read:
  630         212.08 Sales, rental, use, consumption, distribution, and
  631  storage tax; specified exemptions.—The sale at retail, the
  632  rental, the use, the consumption, the distribution, and the
  633  storage to be used or consumed in this state of the following
  634  are hereby specifically exempt from the tax imposed by this
  635  chapter.
  636         (5) EXEMPTIONS; ACCOUNT OF USE.—
  637         (j) Machinery and equipment used in semiconductor, defense,
  638  or space technology production.—
  639         1.a. Industrial machinery and equipment used in
  640  semiconductor technology facilities certified under subparagraph
  641  5. to manufacture, process, compound, or produce semiconductor
  642  technology products for sale or for use by these facilities are
  643  exempt from the tax imposed by this chapter. For purposes of
  644  this paragraph, industrial machinery and equipment includes
  645  molds, dies, machine tooling, other appurtenances or accessories
  646  to machinery and equipment, testing equipment, test beds,
  647  computers, and software, whether purchased or self-fabricated,
  648  and, if self-fabricated, includes materials and labor for
  649  design, fabrication, and assembly.
  650         b. Industrial machinery and equipment used in defense or
  651  space technology facilities certified under subparagraph 5. to
  652  design, manufacture, assemble, process, compound, or produce
  653  defense technology products or space technology products for
  654  sale or for use by these facilities are exempt from the tax
  655  imposed by this chapter.
  656         2. Building materials purchased for use in manufacturing or
  657  expanding clean rooms in semiconductor-manufacturing facilities
  658  are exempt from the tax imposed by this chapter.
  659         3. In addition to meeting the criteria mandated by
  660  subparagraph 1. or subparagraph 2., a business must be certified
  661  by the Department of Commerce Economic Opportunity in order to
  662  qualify for exemption under this paragraph.
  663         4. For items purchased tax-exempt pursuant to this
  664  paragraph, possession of a written certification from the
  665  purchaser, certifying the purchaser’s entitlement to the
  666  exemption, relieves the seller of the responsibility of
  667  collecting the tax on the sale of such items, and the department
  668  shall look solely to the purchaser for recovery of the tax if it
  669  determines that the purchaser was not entitled to the exemption.
  670         5.a. To be eligible to receive the exemption provided by
  671  subparagraph 1. or subparagraph 2., a qualifying business entity
  672  shall initially apply to the Department of Commerce Enterprise
  673  Florida, Inc. The original certification is valid for a period
  674  of 2 years. In lieu of submitting a new application, the
  675  original certification may be renewed biennially by submitting
  676  to the Department of Commerce Economic Opportunity a statement,
  677  certified under oath, that there has not been a material change
  678  in the conditions or circumstances entitling the business entity
  679  to the original certification. The initial application and the
  680  certification renewal statement shall be developed by the
  681  Department of Commerce Economic Opportunity.
  682         b. The Division of Economic Strategic Business Development
  683  of the Department of Commerce Economic Opportunity shall review
  684  each submitted initial application and determine whether or not
  685  the application is complete within 5 working days. Once
  686  complete, the division shall, within 10 working days, evaluate
  687  the application and recommend approval or disapproval to the
  688  Department of Commerce Economic Opportunity.
  689         c. Upon receipt of the initial application and
  690  recommendation from the division or upon receipt of a
  691  certification renewal statement, the Department of Commerce
  692  Economic Opportunity shall certify within 5 working days those
  693  applicants who are found to meet the requirements of this
  694  section and notify the applicant of the original certification
  695  or certification renewal. If the Department of Commerce Economic
  696  Opportunity finds that the applicant does not meet the
  697  requirements, it shall notify the applicant and Enterprise
  698  Florida, Inc., within 10 working days that the application for
  699  certification has been denied and the reasons for denial. The
  700  Department of Commerce Economic Opportunity has final approval
  701  authority for certification under this section.
  702         d. The initial application and certification renewal
  703  statement must indicate, for program evaluation purposes only,
  704  the average number of full-time equivalent employees at the
  705  facility over the preceding calendar year, the average wage and
  706  benefits paid to those employees over the preceding calendar
  707  year, the total investment made in real and tangible personal
  708  property over the preceding calendar year, and the total value
  709  of tax-exempt purchases and taxes exempted during the previous
  710  year. The department shall assist the Department of Commerce
  711  Economic Opportunity in evaluating and verifying information
  712  provided in the application for exemption.
  713         e. The Department of Commerce Economic Opportunity may use
  714  the information reported on the initial application and
  715  certification renewal statement for evaluation purposes only.
  716         6. A business certified to receive this exemption may elect
  717  to designate one or more state universities or community
  718  colleges as recipients of up to 100 percent of the amount of the
  719  exemption. To receive these funds, the institution must agree to
  720  match the funds with equivalent cash, programs, services, or
  721  other in-kind support on a one-to-one basis for research and
  722  development projects requested by the certified business. The
  723  rights to any patents, royalties, or real or intellectual
  724  property must be vested in the business unless otherwise agreed
  725  to by the business and the university or community college.
  726         7. As used in this paragraph, the term:
  727         a. “Semiconductor technology products” means raw
  728  semiconductor wafers or semiconductor thin films that are
  729  transformed into semiconductor memory or logic wafers, including
  730  wafers containing mixed memory and logic circuits; related
  731  assembly and test operations; active-matrix flat panel displays;
  732  semiconductor chips; semiconductor lasers; optoelectronic
  733  elements; and related semiconductor technology products as
  734  determined by the Department of Commerce Economic Opportunity.
  735         b. “Clean rooms” means manufacturing facilities enclosed in
  736  a manner that meets the clean manufacturing requirements
  737  necessary for high-technology semiconductor-manufacturing
  738  environments.
  739         c. “Defense technology products” means products that have a
  740  military application, including, but not limited to, weapons,
  741  weapons systems, guidance systems, surveillance systems,
  742  communications or information systems, munitions, aircraft,
  743  vessels, or boats, or components thereof, which are intended for
  744  military use and manufactured in performance of a contract with
  745  the United States Department of Defense or the military branch
  746  of a recognized foreign government or a subcontract thereunder
  747  which relates to matters of national defense.
  748         d. “Space technology products” means products that are
  749  specifically designed or manufactured for application in space
  750  activities, including, but not limited to, space launch
  751  vehicles, space flight vehicles, missiles, satellites or
  752  research payloads, avionics, and associated control systems and
  753  processing systems and components of any of the foregoing. The
  754  term does not include products that are designed or manufactured
  755  for general commercial aviation or other uses even though those
  756  products may also serve an incidental use in space applications.
  757         (q)Entertainment industry tax credit; authorization;
  758  eligibility for credits.—The credits against the state sales tax
  759  authorized pursuant to s. 288.1254 shall be deducted from any
  760  sales and use tax remitted by the dealer to the department by
  761  electronic funds transfer and may only be deducted on a sales
  762  and use tax return initiated through electronic data
  763  interchange. The dealer shall separately state the credit on the
  764  electronic return. The net amount of tax due and payable must be
  765  remitted by electronic funds transfer. If the credit for the
  766  qualified expenditures is larger than the amount owed on the
  767  sales and use tax return that is eligible for the credit, the
  768  unused amount of the credit may be carried forward to a
  769  succeeding reporting period as provided in s. 288.1254(4)(e). A
  770  dealer may only obtain a credit using the method described in
  771  this subparagraph. A dealer is not authorized to obtain a credit
  772  by applying for a refund.
  773         Section 16. Paragraph (a) of subsection (1) of section
  774  212.098, Florida Statutes, is amended to read:
  775         212.098 Rural Job Tax Credit Program.—
  776         (1) As used in this section, the term:
  777         (a) “Eligible business” means any sole proprietorship,
  778  firm, partnership, or corporation that is located in a qualified
  779  county and is predominantly engaged in, or is headquarters for a
  780  business predominantly engaged in, activities usually provided
  781  for consideration by firms classified within the following
  782  standard industrial classifications: SIC 01-SIC 09 (agriculture,
  783  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
  784  (public warehousing and storage); SIC 70 (hotels and other
  785  lodging places); SIC 7391 (research and development); SIC 781
  786  (motion picture production and allied services); SIC 7992
  787  (public golf courses); and SIC 7996 (amusement parks); and a
  788  targeted industry eligible for the qualified target industry
  789  business tax refund under s. 288.106. A call center or similar
  790  customer service operation that services a multistate market or
  791  an international market is also an eligible business. In
  792  addition, the Department of Commerce Economic Opportunity may,
  793  as part of its final budget request submitted pursuant to s.
  794  216.023, recommend additions to or deletions from the list of
  795  standard industrial classifications used to determine an
  796  eligible business, and the Legislature may implement such
  797  recommendations. Excluded from eligible receipts are receipts
  798  from retail sales, except such receipts for hotels and other
  799  lodging places classified in SIC 70, public golf courses in SIC
  800  7992, and amusement parks in SIC 7996. For purposes of this
  801  paragraph, the term “predominantly” means that more than 50
  802  percent of the business’s gross receipts from all sources is
  803  generated by those activities usually provided for consideration
  804  by firms in the specified standard industrial classification.
  805  The determination of whether the business is located in a
  806  qualified county and the tier ranking of that county must be
  807  based on the date of application for the credit under this
  808  section. Commonly owned and controlled entities are to be
  809  considered a single business entity.
  810         Section 17. Paragraph (d) of subsection (6) of section
  811  212.20, Florida Statutes, is amended to read:
  812         212.20 Funds collected, disposition; additional powers of
  813  department; operational expense; refund of taxes adjudicated
  814  unconstitutionally collected.—
  815         (6) Distribution of all proceeds under this chapter and ss.
  816  202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
  817         (d) The proceeds of all other taxes and fees imposed
  818  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  819  and (2)(b) shall be distributed as follows:
  820         1. In any fiscal year, the greater of $500 million, minus
  821  an amount equal to 4.6 percent of the proceeds of the taxes
  822  collected pursuant to chapter 201, or 5.2 percent of all other
  823  taxes and fees imposed pursuant to this chapter or remitted
  824  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  825  monthly installments into the General Revenue Fund.
  826         2. After the distribution under subparagraph 1., 8.9744
  827  percent of the amount remitted by a sales tax dealer located
  828  within a participating county pursuant to s. 218.61 shall be
  829  transferred into the Local Government Half-cent Sales Tax
  830  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  831  transferred shall be reduced by 0.1 percent, and the department
  832  shall distribute this amount to the Public Employees Relations
  833  Commission Trust Fund less $5,000 each month, which shall be
  834  added to the amount calculated in subparagraph 3. and
  835  distributed accordingly.
  836         3. After the distribution under subparagraphs 1. and 2.,
  837  0.0966 percent shall be transferred to the Local Government
  838  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
  839  to s. 218.65.
  840         4. After the distributions under subparagraphs 1., 2., and
  841  3., 2.0810 percent of the available proceeds shall be
  842  transferred monthly to the Revenue Sharing Trust Fund for
  843  Counties pursuant to s. 218.215.
  844         5. After the distributions under subparagraphs 1., 2., and
  845  3., 1.3653 percent of the available proceeds shall be
  846  transferred monthly to the Revenue Sharing Trust Fund for
  847  Municipalities pursuant to s. 218.215. If the total revenue to
  848  be distributed pursuant to this subparagraph is at least as
  849  great as the amount due from the Revenue Sharing Trust Fund for
  850  Municipalities and the former Municipal Financial Assistance
  851  Trust Fund in state fiscal year 1999-2000, no municipality shall
  852  receive less than the amount due from the Revenue Sharing Trust
  853  Fund for Municipalities and the former Municipal Financial
  854  Assistance Trust Fund in state fiscal year 1999-2000. If the
  855  total proceeds to be distributed are less than the amount
  856  received in combination from the Revenue Sharing Trust Fund for
  857  Municipalities and the former Municipal Financial Assistance
  858  Trust Fund in state fiscal year 1999-2000, each municipality
  859  shall receive an amount proportionate to the amount it was due
  860  in state fiscal year 1999-2000.
  861         6. Of the remaining proceeds:
  862         a. In each fiscal year, the sum of $29,915,500 shall be
  863  divided into as many equal parts as there are counties in the
  864  state, and one part shall be distributed to each county. The
  865  distribution among the several counties must begin each fiscal
  866  year on or before January 5th and continue monthly for a total
  867  of 4 months. If a local or special law required that any moneys
  868  accruing to a county in fiscal year 1999-2000 under the then
  869  existing provisions of s. 550.135 be paid directly to the
  870  district school board, special district, or a municipal
  871  government, such payment must continue until the local or
  872  special law is amended or repealed. The state covenants with
  873  holders of bonds or other instruments of indebtedness issued by
  874  local governments, special districts, or district school boards
  875  before July 1, 2000, that it is not the intent of this
  876  subparagraph to adversely affect the rights of those holders or
  877  relieve local governments, special districts, or district school
  878  boards of the duty to meet their obligations as a result of
  879  previous pledges or assignments or trusts entered into which
  880  obligated funds received from the distribution to county
  881  governments under then-existing s. 550.135. This distribution
  882  specifically is in lieu of funds distributed under s. 550.135
  883  before July 1, 2000.
  884         b. The department shall distribute $166,667 monthly to each
  885  applicant certified as a facility for a new or retained
  886  professional sports franchise pursuant to s. 288.1162. Up to
  887  $41,667 shall be distributed monthly by the department to each
  888  certified applicant as defined in s. 288.11621 for a facility
  889  for a spring training franchise. However, not more than $416,670
  890  may be distributed monthly in the aggregate to all certified
  891  applicants for facilities for spring training franchises.
  892  Distributions begin 60 days after such certification and
  893  continue for not more than 30 years, except as otherwise
  894  provided in s. 288.11621. A certified applicant identified in
  895  this sub-subparagraph may not receive more in distributions than
  896  expended by the applicant for the public purposes provided in s.
  897  288.1162(5) or s. 288.11621(3).
  898         c.Beginning 30 days after notice by the Department of
  899  Economic Opportunity to the Department of Revenue that an
  900  applicant has been certified as the professional golf hall of
  901  fame pursuant to s. 288.1168 and is open to the public, $166,667
  902  shall be distributed monthly, for up to 300 months, to the
  903  applicant.
  904         d.Beginning 30 days after notice by the Department of
  905  Economic Opportunity to the Department of Revenue that the
  906  applicant has been certified as the International Game Fish
  907  Association World Center facility pursuant to s. 288.1169, and
  908  the facility is open to the public, $83,333 shall be distributed
  909  monthly, for up to 168 months, to the applicant. This
  910  distribution is subject to reduction pursuant to s. 288.1169.
  911         c.e. The department shall distribute up to $83,333 monthly
  912  to each certified applicant as defined in s. 288.11631 for a
  913  facility used by a single spring training franchise, or up to
  914  $166,667 monthly to each certified applicant as defined in s.
  915  288.11631 for a facility used by more than one spring training
  916  franchise. Monthly distributions begin 60 days after such
  917  certification or July 1, 2016, whichever is later, and continue
  918  for not more than 20 years to each certified applicant as
  919  defined in s. 288.11631 for a facility used by a single spring
  920  training franchise or not more than 25 years to each certified
  921  applicant as defined in s. 288.11631 for a facility used by more
  922  than one spring training franchise. A certified applicant
  923  identified in this sub-subparagraph may not receive more in
  924  distributions than expended by the applicant for the public
  925  purposes provided in s. 288.11631(3).
  926         d.f. The Department shall distribute $15,333 monthly to the
  927  State Transportation Trust Fund.
  928         e.g.(I) On or before July 25, 2021, August 25, 2021, and
  929  September 25, 2021, the department shall distribute $324,533,334
  930  in each of those months to the Unemployment Compensation Trust
  931  Fund, less an adjustment for refunds issued from the General
  932  Revenue Fund pursuant to s. 443.131(3)(e)3. before making the
  933  distribution. The adjustments made by the department to the
  934  total distributions shall be equal to the total refunds made
  935  pursuant to s. 443.131(3)(e)3. If the amount of refunds to be
  936  subtracted from any single distribution exceeds the
  937  distribution, the department may not make that distribution and
  938  must subtract the remaining balance from the next distribution.
  939         (II) Beginning July 2022, and on or before the 25th day of
  940  each month, the department shall distribute $90 million monthly
  941  to the Unemployment Compensation Trust Fund.
  942         (III) If the ending balance of the Unemployment
  943  Compensation Trust Fund exceeds $4,071,519,600 on the last day
  944  of any month, as determined from United States Department of the
  945  Treasury data, the Office of Economic and Demographic Research
  946  shall certify to the department that the ending balance of the
  947  trust fund exceeds such amount.
  948         (IV) This sub-subparagraph is repealed, and the department
  949  shall end monthly distributions under sub-sub-subparagraph (II),
  950  on the date the department receives certification under sub-sub
  951  subparagraph (III).
  952         7. All other proceeds must remain in the General Revenue
  953  Fund.
  954         Section 18. Section 212.205, Florida Statutes, is amended
  955  to read:
  956         212.205 Sales tax distribution reporting.—By March 15 of
  957  each year, each person who received a distribution pursuant to
  958  s. 212.20(6)(d)6.b. and c. s. 212.20(6)(d)6.b.-e. in the
  959  preceding calendar year shall report to the Office of Economic
  960  and Demographic Research the following information:
  961         (1) An itemized accounting of all expenditures of the funds
  962  distributed in the preceding calendar year, including amounts
  963  spent on debt service.
  964         (2) A statement indicating what portion of the distributed
  965  funds have been pledged for debt service.
  966         (3) The original principal amount and current debt service
  967  schedule of any bonds or other borrowing for which the
  968  distributed funds have been pledged for debt service.
  969         Section 19. Paragraph (aa) of subsection (8) of section
  970  213.053, Florida Statutes, is amended to read:
  971         213.053 Confidentiality and information sharing.—
  972         (8) Notwithstanding any other provision of this section,
  973  the department may provide:
  974         (aa) Information relating to tax credits taken under s.
  975  220.194 to Space Florida.
  976  
  977  Disclosure of information under this subsection shall be
  978  pursuant to a written agreement between the executive director
  979  and the agency. Such agencies, governmental or nongovernmental,
  980  shall be bound by the same requirements of confidentiality as
  981  the Department of Revenue. Breach of confidentiality is a
  982  misdemeanor of the first degree, punishable as provided by s.
  983  775.082 or s. 775.083.
  984         Section 20. Subsection (8) of section 220.02, Florida
  985  Statutes, is amended to read:
  986         220.02 Legislative intent.—
  987         (8) It is the intent of the Legislature that credits
  988  against either the corporate income tax or the franchise tax be
  989  applied in the following order: those enumerated in s. 631.828,
  990  those enumerated in s. 220.191, those enumerated in s. 220.181,
  991  those enumerated in s. 220.183, those enumerated in s. 220.182,
  992  those enumerated in s. 220.1895, those enumerated in s. 220.195,
  993  those enumerated in s. 220.184, those enumerated in s. 220.186,
  994  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  995  those enumerated in s. 220.185, those enumerated in s. 220.1875,
  996  those enumerated in s. 220.1876, those enumerated in s.
  997  220.1877, those enumerated in s. 220.193, those enumerated in
  998  former s. 288.9916, those enumerated in s. 220.1899, those
  999  enumerated in s. 220.194, those enumerated in s. 220.196, those
 1000  enumerated in s. 220.198, and those enumerated in s. 220.1915.
 1001         Section 21. Paragraphs (a) and (b) of subsection (1) of
 1002  section 220.13, Florida Statutes, is amended to read:
 1003         220.13 “Adjusted federal income” defined.—
 1004         (1) The term “adjusted federal income” means an amount
 1005  equal to the taxpayer’s taxable income as defined in subsection
 1006  (2), or such taxable income of more than one taxpayer as
 1007  provided in s. 220.131, for the taxable year, adjusted as
 1008  follows:
 1009         (a) Additions.—There shall be added to such taxable income:
 1010         1.a. The amount of any tax upon or measured by income,
 1011  excluding taxes based on gross receipts or revenues, paid or
 1012  accrued as a liability to the District of Columbia or any state
 1013  of the United States which is deductible from gross income in
 1014  the computation of taxable income for the taxable year.
 1015         b. Notwithstanding sub-subparagraph a., if a credit taken
 1016  under s. 220.1875, s. 220.1876, or s. 220.1877 is added to
 1017  taxable income in a previous taxable year under subparagraph 11.
 1018  and is taken as a deduction for federal tax purposes in the
 1019  current taxable year, the amount of the deduction allowed shall
 1020  not be added to taxable income in the current year. The
 1021  exception in this sub-subparagraph is intended to ensure that
 1022  the credit under s. 220.1875, s. 220.1876, or s. 220.1877 is
 1023  added in the applicable taxable year and does not result in a
 1024  duplicate addition in a subsequent year.
 1025         2. The amount of interest which is excluded from taxable
 1026  income under s. 103(a) of the Internal Revenue Code or any other
 1027  federal law, less the associated expenses disallowed in the
 1028  computation of taxable income under s. 265 of the Internal
 1029  Revenue Code or any other law, excluding 60 percent of any
 1030  amounts included in alternative minimum taxable income, as
 1031  defined in s. 55(b)(2) of the Internal Revenue Code, if the
 1032  taxpayer pays tax under s. 220.11(3).
 1033         3. In the case of a regulated investment company or real
 1034  estate investment trust, an amount equal to the excess of the
 1035  net long-term capital gain for the taxable year over the amount
 1036  of the capital gain dividends attributable to the taxable year.
 1037         4. That portion of the wages or salaries paid or incurred
 1038  for the taxable year which is equal to the amount of the credit
 1039  allowable for the taxable year under s. 220.181. This
 1040  subparagraph shall expire on the date specified in s. 290.016
 1041  for the expiration of the Florida Enterprise Zone Act.
 1042         5. That portion of the ad valorem school taxes paid or
 1043  incurred for the taxable year which is equal to the amount of
 1044  the credit allowable for the taxable year under s. 220.182. This
 1045  subparagraph shall expire on the date specified in s. 290.016
 1046  for the expiration of the Florida Enterprise Zone Act.
 1047         6. The amount taken as a credit under s. 220.195 which is
 1048  deductible from gross income in the computation of taxable
 1049  income for the taxable year.
 1050         7. That portion of assessments to fund a guaranty
 1051  association incurred for the taxable year which is equal to the
 1052  amount of the credit allowable for the taxable year.
 1053         8. In the case of a nonprofit corporation which holds a
 1054  pari-mutuel permit and which is exempt from federal income tax
 1055  as a farmers’ cooperative, an amount equal to the excess of the
 1056  gross income attributable to the pari-mutuel operations over the
 1057  attributable expenses for the taxable year.
 1058         9. The amount taken as a credit for the taxable year under
 1059  s. 220.1895.
 1060         10. Up to nine percent of the eligible basis of any
 1061  designated project which is equal to the credit allowable for
 1062  the taxable year under s. 220.185.
 1063         11. Any amount taken as a credit for the taxable year under
 1064  s. 220.1875, s. 220.1876, or s. 220.1877. The addition in this
 1065  subparagraph is intended to ensure that the same amount is not
 1066  allowed for the tax purposes of this state as both a deduction
 1067  from income and a credit against the tax. This addition is not
 1068  intended to result in adding the same expense back to income
 1069  more than once.
 1070         12. The amount taken as a credit for the taxable year under
 1071  s. 220.193.
 1072         13. Any portion of a qualified investment, as defined in
 1073  former s. 288.9913, which is claimed as a deduction by the
 1074  taxpayer and taken as a credit against income tax pursuant to
 1075  former s. 288.9916.
 1076         14.The costs to acquire a tax credit pursuant to s.
 1077  288.1254(5) that are deducted from or otherwise reduce federal
 1078  taxable income for the taxable year.
 1079         15.The amount taken as a credit for the taxable year
 1080  pursuant to s. 220.194.
 1081         14.16. The amount taken as a credit for the taxable year
 1082  under s. 220.196. The addition in this subparagraph is intended
 1083  to ensure that the same amount is not allowed for the tax
 1084  purposes of this state as both a deduction from income and a
 1085  credit against the tax. The addition is not intended to result
 1086  in adding the same expense back to income more than once.
 1087         15.17. The amount taken as a credit for the taxable year
 1088  pursuant to s. 220.198.
 1089         16.18. The amount taken as a credit for the taxable year
 1090  pursuant to s. 220.1915.
 1091         (b) Subtractions.—
 1092         1. There shall be subtracted from such taxable income:
 1093         a. The net operating loss deduction allowable for federal
 1094  income tax purposes under s. 172 of the Internal Revenue Code
 1095  for the taxable year, except that any net operating loss that is
 1096  transferred pursuant to s. 220.194(6) may not be deducted by the
 1097  seller,
 1098         b. The net capital loss allowable for federal income tax
 1099  purposes under s. 1212 of the Internal Revenue Code for the
 1100  taxable year,
 1101         c. The excess charitable contribution deduction allowable
 1102  for federal income tax purposes under s. 170(d)(2) of the
 1103  Internal Revenue Code for the taxable year, and
 1104         d. The excess contributions deductions allowable for
 1105  federal income tax purposes under s. 404 of the Internal Revenue
 1106  Code for the taxable year.
 1107  
 1108  However, a net operating loss and a capital loss shall never be
 1109  carried back as a deduction to a prior taxable year, but all
 1110  deductions attributable to such losses shall be deemed net
 1111  operating loss carryovers and capital loss carryovers,
 1112  respectively, and treated in the same manner, to the same
 1113  extent, and for the same time periods as are prescribed for such
 1114  carryovers in ss. 172 and 1212, respectively, of the Internal
 1115  Revenue Code.
 1116         2. There shall be subtracted from such taxable income any
 1117  amount to the extent included therein the following:
 1118         a. Dividends treated as received from sources without the
 1119  United States, as determined under s. 862 of the Internal
 1120  Revenue Code.
 1121         b. All amounts included in taxable income under s. 78, s.
 1122  951, or s. 951A of the Internal Revenue Code.
 1123  
 1124  However, any amount subtracted under this subparagraph is
 1125  allowed only to the extent such amount is not deductible in
 1126  determining federal taxable income. As to any amount subtracted
 1127  under this subparagraph, there shall be added to such taxable
 1128  income all expenses deducted on the taxpayer’s return for the
 1129  taxable year which are attributable, directly or indirectly, to
 1130  such subtracted amount. Further, no amount shall be subtracted
 1131  with respect to dividends paid or deemed paid by a Domestic
 1132  International Sales Corporation.
 1133         3. In computing “adjusted federal income” for taxable years
 1134  beginning after December 31, 1976, there shall be allowed as a
 1135  deduction the amount of wages and salaries paid or incurred
 1136  within this state for the taxable year for which no deduction is
 1137  allowed pursuant to s. 280C(a) of the Internal Revenue Code
 1138  (relating to credit for employment of certain new employees).
 1139         4. There shall be subtracted from such taxable income any
 1140  amount of nonbusiness income included therein.
 1141         5. There shall be subtracted any amount of taxes of foreign
 1142  countries allowable as credits for taxable years beginning on or
 1143  after September 1, 1985, under s. 901 of the Internal Revenue
 1144  Code to any corporation which derived less than 20 percent of
 1145  its gross income or loss for its taxable year ended in 1984 from
 1146  sources within the United States, as described in s.
 1147  861(a)(2)(A) of the Internal Revenue Code, not including credits
 1148  allowed under ss. 902 and 960 of the Internal Revenue Code,
 1149  withholding taxes on dividends within the meaning of sub
 1150  subparagraph 2.a., and withholding taxes on royalties, interest,
 1151  technical service fees, and capital gains.
 1152         6. Notwithstanding any other provision of this code, except
 1153  with respect to amounts subtracted pursuant to subparagraphs 1.
 1154  and 3., any increment of any apportionment factor which is
 1155  directly related to an increment of gross receipts or income
 1156  which is deducted, subtracted, or otherwise excluded in
 1157  determining adjusted federal income shall be excluded from both
 1158  the numerator and denominator of such apportionment factor.
 1159  Further, all valuations made for apportionment factor purposes
 1160  shall be made on a basis consistent with the taxpayer’s method
 1161  of accounting for federal income tax purposes.
 1162         Section 22. Subsection (5) of section 220.16, Florida
 1163  Statutes, is amended to read:
 1164         220.16 Allocation of nonbusiness income.—Nonbusiness income
 1165  shall be allocated as follows:
 1166         (5) The amount of payments received in exchange for
 1167  transferring a net operating loss authorized by s. 220.194 is
 1168  allocable to the state.
 1169         Section 23. Section 220.1899, Florida Statutes, is
 1170  repealed.
 1171         Section 24. Present paragraphs (a) through (g) of
 1172  subsection (1) of section 220.191, Florida Statutes, are
 1173  redesignated as paragraphs (b) through (h), respectively, a new
 1174  paragraph (a) is added to that subsection, and present paragraph
 1175  (g) of subsection (1), paragraph (a) of subsection (3), and
 1176  subsections (5) and (6) of that section are amended, to read:
 1177         220.191 Capital investment tax credit.—
 1178         (1) DEFINITIONS.—For purposes of this section:
 1179         (a)“Average private sector wage in the area” means the
 1180  statewide private sector average wage or the average of all
 1181  private sector wages and salaries in the county or in the
 1182  standard metropolitan area in which the business is located.
 1183         (h)(g) “Qualifying project” means a facility in this state
 1184  meeting one or more of the following criteria:
 1185         1. A new or expanding facility in this state which creates
 1186  at least 100 new jobs in this state and is in one of the high
 1187  impact sectors identified by Enterprise Florida, Inc., and
 1188  certified by the former Department of Economic Opportunity
 1189  pursuant to former s. 288.108(6), including, but not limited to,
 1190  aviation, aerospace, automotive, and silicon technology
 1191  industries. However, between July 1, 2011, and June 30, 2014,
 1192  the requirement that a facility be in a high-impact sector is
 1193  waived for any otherwise eligible business from another state
 1194  which locates all or a portion of its business to a
 1195  Disproportionally Affected County. For purposes of this section,
 1196  the term “Disproportionally Affected County” means Bay County,
 1197  Escambia County, Franklin County, Gulf County, Okaloosa County,
 1198  Santa Rosa County, Walton County, or Wakulla County.
 1199         2. A new or expanded facility in this state which is
 1200  engaged in a target industry designated pursuant to the
 1201  procedure specified in s. 288.005(6) s. 288.106(2) and which is
 1202  induced by this credit to create or retain at least 1,000 jobs
 1203  in this state, provided that at least 100 of those jobs are new,
 1204  pay an annual average wage of at least 130 percent of the
 1205  average private sector wage in the area as defined in s.
 1206  288.106(2), and make a cumulative capital investment of at least
 1207  $100 million. Jobs may be considered retained only if there is
 1208  significant evidence that the loss of jobs is imminent.
 1209  Notwithstanding subsection (2), annual credits against the tax
 1210  imposed by this chapter may not exceed 50 percent of the
 1211  increased annual corporate income tax liability or the premium
 1212  tax liability generated by or arising out of a project
 1213  qualifying under this subparagraph. A facility that qualifies
 1214  under this subparagraph for an annual credit against the tax
 1215  imposed by this chapter may take the tax credit for a period not
 1216  to exceed 5 years.
 1217         3. A new or expanded headquarters facility in this state
 1218  which locates in an enterprise zone and brownfield area and is
 1219  induced by this credit to create at least 1,500 jobs which on
 1220  average pay at least 200 percent of the statewide average annual
 1221  private sector wage, as published by the Department of Commerce
 1222  Economic Opportunity, and which new or expanded headquarters
 1223  facility makes a cumulative capital investment in this state of
 1224  at least $250 million.
 1225         (3)(a) Notwithstanding subsection (2), an annual credit
 1226  against the tax imposed by this chapter shall be granted to a
 1227  qualifying business which establishes a qualifying project
 1228  pursuant to subparagraph (1)(h)3. (1)(g)3., in an amount equal
 1229  to the lesser of $15 million or 5 percent of the eligible
 1230  capital costs made in connection with a qualifying project, for
 1231  a period not to exceed 20 years beginning with the commencement
 1232  of operations of the project. The tax credit shall be granted
 1233  against the corporate income tax liability of the qualifying
 1234  business and as further provided in paragraph (c). The total tax
 1235  credit provided pursuant to this subsection shall be equal to no
 1236  more than 100 percent of the eligible capital costs of the
 1237  qualifying project.
 1238         (5) Applications shall be reviewed and certified pursuant
 1239  to s. 288.061. The Department of Commerce Economic Opportunity,
 1240  upon a recommendation by Enterprise Florida, Inc., shall first
 1241  certify a business as eligible to receive tax credits pursuant
 1242  to this section prior to the commencement of operations of a
 1243  qualifying project, and such certification shall be transmitted
 1244  to the Department of Revenue. Upon receipt of the certification,
 1245  the Department of Revenue shall enter into a written agreement
 1246  with the qualifying business specifying, at a minimum, the
 1247  method by which income generated by or arising out of the
 1248  qualifying project will be determined.
 1249         (6) The Department of Commerce Economic Opportunity, in
 1250  consultation with Enterprise Florida, Inc., is authorized to
 1251  develop the necessary guidelines and application materials for
 1252  the certification process described in subsection (5).
 1253         Section 25. Section 220.194, Florida Statutes, is repealed.
 1254         Section 26. Paragraph (b) of subsection (1) and paragraph
 1255  (a) of subsection (2) of section 220.196, Florida Statutes, are
 1256  amended to read:
 1257         220.196 Research and development tax credit.—
 1258         (1) DEFINITIONS.—As used in this section, the term:
 1259         (b) “Business enterprise” means any corporation as defined
 1260  in s. 220.03 which meets the definition of a target industry
 1261  business as defined in s. 288.005 s. 288.106.
 1262         (2) TAX CREDIT.—
 1263         (a) As provided in this section, a business enterprise is
 1264  eligible for a credit against the tax imposed by this chapter if
 1265  it:
 1266         1. Has qualified research expenses in this state in the
 1267  taxable year exceeding the base amount;
 1268         2. Claims and is allowed a research credit for such
 1269  qualified research expenses under 26 U.S.C. s. 41 for the same
 1270  taxable year as subparagraph 1.; and
 1271         3. Is a qualified target industry business as defined in
 1272  former s. 288.106(2)(n). Only qualified target industry
 1273  businesses in the manufacturing, life sciences, information
 1274  technology, aviation and aerospace, homeland security and
 1275  defense, cloud information technology, marine sciences,
 1276  materials science, and nanotechnology industries may qualify for
 1277  a tax credit under this section. A business applying for a
 1278  credit pursuant to this section shall include a letter from the
 1279  Department of Commerce Economic Opportunity certifying whether
 1280  the business meets the requirements of this subparagraph with
 1281  its application for credit. The Department of Commerce Economic
 1282  Opportunity shall provide such a letter upon receiving a
 1283  request.
 1284         Section 27. Section 272.11, Florida Statutes, is amended to
 1285  read:
 1286         272.11 Capitol information center.—The Florida Tourism
 1287  Industry Marketing Corporation Enterprise Florida, Inc., shall
 1288  establish, maintain, and operate a Capitol information center
 1289  somewhere within the area of the Capitol Center and employ
 1290  personnel or enter into contracts to maintain same.
 1291         Section 28. Paragraph (f) of subsection (1) of section
 1292  287.0947, Florida Statutes, is amended to read:
 1293         287.0947 Florida Advisory Council on Small and Minority
 1294  Business Development; creation; membership; duties.—
 1295         (1) The Secretary of Management Services may create the
 1296  Florida Advisory Council on Small and Minority Business
 1297  Development with the purpose of advising and assisting the
 1298  secretary in carrying out the secretary’s duties with respect to
 1299  minority businesses and economic and business development. It is
 1300  the intent of the Legislature that the membership of such
 1301  council include practitioners, laypersons, financiers, and
 1302  others with business development experience who can provide
 1303  invaluable insight and expertise for this state in the
 1304  diversification of its markets and networking of business
 1305  opportunities. The council shall initially consist of 19
 1306  persons, each of whom is or has been actively engaged in small
 1307  and minority business development, either in private industry,
 1308  in governmental service, or as a scholar of recognized
 1309  achievement in the study of such matters. Initially, the council
 1310  shall consist of members representing all regions of the state
 1311  and shall include at least one member from each group identified
 1312  within the definition of “minority person” in s. 288.703(4),
 1313  considering also gender and nationality subgroups, and shall
 1314  consist of the following:
 1315         (f) The Secretary of Commerce or his or her designee A
 1316  member from the board of directors of Enterprise Florida, Inc.
 1317  
 1318  A candidate for appointment may be considered if eligible to be
 1319  certified as an owner of a minority business enterprise, or if
 1320  otherwise qualified under the criteria above. Vacancies may be
 1321  filled by appointment of the secretary, in the manner of the
 1322  original appointment.
 1323         Section 29. Paragraph (e) of subsection (1) of section
 1324  287.137, Florida Statutes, is amended to read:
 1325         287.137 Antitrust violations; denial or revocation of the
 1326  right to transact business with public entities; denial of
 1327  economic benefits.—
 1328         (1) As used in this section, the term:
 1329         (e) “Economic incentives” means state grants, cash grants,
 1330  tax exemptions, tax refunds, tax credits, state funds, and other
 1331  state incentives under chapter 288 or administered by the
 1332  Department of Commerce Enterprise Florida, Inc.
 1333         Section 30. Subsections (2) and (4) of section 288.0001,
 1334  Florida Statutes, are amended to read:
 1335         288.0001 Economic Development Programs Evaluation.—The
 1336  Office of Economic and Demographic Research and the Office of
 1337  Program Policy Analysis and Government Accountability (OPPAGA)
 1338  shall develop and present to the Governor, the President of the
 1339  Senate, the Speaker of the House of Representatives, and the
 1340  chairs of the legislative appropriations committees the Economic
 1341  Development Programs Evaluation.
 1342         (2) The Office of Economic and Demographic Research and
 1343  OPPAGA shall provide a detailed analysis of economic development
 1344  programs as provided in the following schedule:
 1345         (a) By January 1, 2026 January 1, 2014, and every 3 years
 1346  thereafter, an analysis of the following:
 1347         1. The capital investment tax credit established under s.
 1348  220.191.
 1349         2. Space Florida established under s. 331.302.
 1350         3. The research and development tax credit established
 1351  under 220.196.
 1352         4. The Urban High-Crime Area Job Tax Credit Program
 1353  established under s. 212.097 and authorized under s. 220.1895.
 1354         5. The Rural Job Tax Credit Program established under s.
 1355  212.098 and authorized under s. 220.1895.
 1356         6.  The Florida Job Growth Grant Fund established under s.
 1357  288.101 The qualified target industry tax refund established
 1358  under s. 288.106.
 1359         7.3. The brownfield redevelopment bonus refund established
 1360  under s. 288.107.
 1361         4.High-impact business performance grants established
 1362  under s. 288.108.
 1363         5. The Quick Action Closing Fund established under s.
 1364  288.1088.
 1365         6.The Innovation Incentive Program established under s.
 1366  288.1089.
 1367         7.Enterprise Zone Program incentives established under ss.
 1368  212.08(5) and (15), 212.096, 220.181, and 220.182.
 1369         8. The New Markets Development Program established under
 1370  ss. 288.991-288.9922.
 1371         (b) By January 1, 2024 January 1, 2015, and every 3 years
 1372  thereafter, an analysis of the following:
 1373         1. The entertainment industry financial incentive program
 1374  established under s. 288.1254.
 1375         2. The entertainment industry sales tax exemption program
 1376  established under s. 288.1258.
 1377         2.3. VISIT Florida and its programs established or funded
 1378  under ss. 288.122, 288.1226, 288.12261, 288.12265, and 288.124.
 1379         3.4. The Florida Sports Foundation and related programs,
 1380  including those established under ss. 288.1162, 288.11621,
 1381  288.1166, 288.1167, 288.1168, 288.1169, and 288.1171.
 1382         (c) By January 1, 2025 January 1, 2016, and every 3 years
 1383  thereafter, an analysis of the following:
 1384         1. The qualified defense contractor and space flight
 1385  business tax refund program established under s. 288.1045.
 1386         2. The tax exemption for semiconductor, defense, or space
 1387  technology sales established under s. 212.08(5)(j).
 1388         2.3. The Military Base Protection Program established under
 1389  s. 288.980.
 1390         3.4. The Quick Response Training Program established under
 1391  s. 288.047.
 1392         4.5. The Incumbent Worker Training Program established
 1393  under s. 445.003.
 1394         5.6. International trade and business development programs
 1395  established or funded under s. 288.826.
 1396         6.(d)By January 1, 2019, and every 3 years thereafter, an
 1397  analysis of The grant and entrepreneur initiative programs
 1398  established under s. 295.22(3)(d) and (e).
 1399         (4) Pursuant to the schedule established in subsection (2),
 1400  OPPAGA shall evaluate each program over the previous 3 years for
 1401  its effectiveness and value to the taxpayers of this state and
 1402  include recommendations on each program for consideration by the
 1403  Legislature. The analysis may include relevant economic
 1404  development reports or analyses prepared by the department of
 1405  Economic Opportunity, Enterprise Florida, Inc., or local or
 1406  regional economic development organizations,; interviews with
 1407  the parties involved,; or any other relevant data.
 1408         Section 31. Paragraph (b) of subsection (4) of section
 1409  288.001, Florida Statutes, is amended to read:
 1410         288.001 The Florida Small Business Development Center
 1411  Network.—
 1412         (4) STATEWIDE ADVISORY BOARD.—
 1413         (b) The statewide advisory board shall consist of 19
 1414  members from across the state. At least 12 members must be
 1415  representatives of the private sector who are knowledgeable of
 1416  the needs and challenges of small businesses. The members must
 1417  represent various segments and industries of the economy in this
 1418  state and must bring knowledge and skills to the statewide
 1419  advisory board which would enhance the board’s collective
 1420  knowledge of small business assistance needs and challenges.
 1421  Minority and gender representation must be considered when
 1422  making appointments to the board. The board must include the
 1423  following members:
 1424         1. Three members appointed from the private sector by the
 1425  President of the Senate.
 1426         2. Three members appointed from the private sector by the
 1427  Speaker of the House of Representatives.
 1428         3. Three members appointed from the private sector by the
 1429  Governor.
 1430         4. Three members appointed from the private sector by the
 1431  network’s statewide director.
 1432         5. One member appointed by the host institution.
 1433         6. The Secretary of Commerce President of Enterprise
 1434  Florida, Inc., or his or her designee.
 1435         7. The Chief Financial Officer or his or her designee.
 1436         8. The President of the Florida Chamber of Commerce or his
 1437  or her designee.
 1438         9. The Small Business Development Center Project Officer
 1439  from the U.S. Small Business Administration at the South Florida
 1440  District Office or his or her designee.
 1441         10. The executive director of the National Federation of
 1442  Independent Businesses, Florida, or his or her designee.
 1443         11. The executive director of the Florida United Business
 1444  Association or his or her designee.
 1445         Section 32. Subsections (1) and (2) of section 288.005,
 1446  Florida Statutes, are redesignated as subsections (2) and (1),
 1447  respectively, and subsection (6) is added to that section, to
 1448  read:
 1449         288.005 Definitions.—As used in this chapter, the term:
 1450         (6) “Target industry business” means a corporate
 1451  headquarters business or any business that is engaged in one of
 1452  the target industries identified pursuant to the following
 1453  criteria developed by the Department of Commerce:
 1454         (a) Future growth.—The industry forecast indicates strong
 1455  expectation for future growth in employment and output,
 1456  according to the most recent available data. Special
 1457  consideration should be given to businesses that export goods
 1458  to, or provide services in, international markets and businesses
 1459  that onshore business operations to replace domestic and
 1460  international imports of goods or services.
 1461         (b) Stability.—The industry is not subject to periodic
 1462  layoffs, whether due to seasonality or sensitivity to volatile
 1463  economic variables such as weather. The industry is also
 1464  relatively resistant to recession, so that the demand for
 1465  products of this industry is not typically subject to decline
 1466  during an economic downturn.
 1467         (c) High wage.—The industry pays relatively high wages
 1468  compared to statewide or area averages.
 1469         (d) Market and resource independent.—The industry business
 1470  location is not dependent on markets or resources in the state
 1471  as indicated by industry analysis, except for businesses in the
 1472  renewable energy industry.
 1473         (e) Industrial base diversification and strengthening.—The
 1474  industry contributes toward expanding or diversifying the
 1475  state’s or area’s economic base, as indicated by analysis of
 1476  employment and output shares compared to national and regional
 1477  trends. Special consideration should be given to industries that
 1478  strengthen regional economies by adding value to basic products
 1479  or building regional industrial clusters as indicated by
 1480  industry analysis. Special consideration should also be given to
 1481  the development of strong industrial clusters that include
 1482  defense and homeland security businesses.
 1483         (f) Positive economic impact.—The industry has strong
 1484  positive economic impacts on or benefits to the state or
 1485  regional economies. Special consideration should be given to
 1486  industries that facilitate the development of the state as a hub
 1487  for domestic and global trade and logistics.
 1488  
 1489  The term does not include any business engaged in retail
 1490  industry activities; any electrical utility company as defined
 1491  in s. 366.02(4); any phosphate or other solid minerals
 1492  severance, mining, or processing operation; any oil or gas
 1493  exploration or production operation; or any business subject to
 1494  regulation by the Division of Hotels and Restaurants of the
 1495  Department of Business and Professional Regulation. Any business
 1496  within NAICS code 5611 or 5614, office administrative services
 1497  and business support services, respectively, may be considered a
 1498  target industry business only after the local governing body and
 1499  the Department of Commerce determine that the community in which
 1500  the business may locate has conditions affecting the fiscal and
 1501  economic viability of the local community or area, including,
 1502  but not limited to, low per capita income, high unemployment,
 1503  high underemployment, and a lack of year-round stable employment
 1504  opportunities, and such conditions may be improved by the
 1505  business locating in such community. By January 1 of every 3rd
 1506  year, beginning January 1, 2011, the Department of Commerce, in
 1507  consultation with economic development organizations, the State
 1508  University System, local governments, employee and employer
 1509  organizations, market analysts, and economists, shall review
 1510  and, as appropriate, revise the list of target industries and
 1511  submit the list to the Governor, the President of the Senate,
 1512  and the Speaker of the House of Representatives.
 1513         Section 33. Section 288.012, Florida Statutes, is amended
 1514  to read:
 1515         288.012 State of Florida international offices; direct
 1516  support organization.—The Legislature finds that the expansion
 1517  of international trade and tourism is vital to the overall
 1518  health and growth of the economy of this state. This expansion
 1519  is hampered by the lack of technical and business assistance,
 1520  financial assistance, and information services for businesses in
 1521  this state. The Legislature finds that these businesses could be
 1522  assisted by providing these services at State of Florida
 1523  international offices. The Legislature further finds that the
 1524  accessibility and provision of services at these offices can be
 1525  enhanced through cooperative agreements or strategic alliances
 1526  between private businesses and state, local, and international
 1527  governmental entities.
 1528         (1) The department is authorized to:
 1529         (a) Establish and operate offices in other countries for
 1530  the purpose of promoting trade and economic development
 1531  opportunities of the state, and promoting the gathering of trade
 1532  data information and research on trade opportunities in specific
 1533  countries.
 1534         (b) Enter into agreements with governmental and private
 1535  sector entities to establish and operate offices in other
 1536  countries which contain provisions that may conflict with the
 1537  general laws of the state pertaining to the purchase of office
 1538  space, employment of personnel, and contracts for services. When
 1539  agreements pursuant to this section are made which set
 1540  compensation in another country’s currency, such agreements
 1541  shall be subject to the requirements of s. 215.425, but the
 1542  purchase of another country’s currency by the department to meet
 1543  such obligations shall be subject only to s. 216.311.
 1544         (2) Each international office shall have in place an
 1545  operational plan approved by the participating boards or other
 1546  governing authority, a copy of which shall be provided to the
 1547  department. These operating plans shall be reviewed and updated
 1548  each fiscal year and shall include, at a minimum, the following:
 1549         (a) Specific policies and procedures encompassing the
 1550  entire scope of the operation and management of each office.
 1551         (b) A comprehensive, commercial strategic plan identifying
 1552  marketing opportunities and industry sector priorities for the
 1553  country in which an international office is located.
 1554         (c) Provisions for access to information for Florida
 1555  businesses related to trade leads and inquiries.
 1556         (d) Identification of new and emerging market opportunities
 1557  for Florida businesses. This information shall be provided
 1558  either free of charge or on a fee basis with fees set only to
 1559  recover the costs of providing the information.
 1560         (e) Provision of access for Florida businesses to
 1561  international trade assistance services provided by state and
 1562  local entities, seaport and airport information, and other
 1563  services identified by the department.
 1564         (f) Qualitative and quantitative performance measures for
 1565  each office, including, but not limited to, the number of
 1566  businesses assisted, the number of trade leads and inquiries
 1567  generated, the number of international buyers and importers
 1568  contacted, and the amount and type of marketing conducted.
 1569         (3) Each international office shall annually submit to the
 1570  department Enterprise Florida, Inc., a complete and detailed
 1571  report on its activities and accomplishments during the previous
 1572  fiscal year. for inclusion in the annual report required under
 1573  s. 288.906. In the format and by the annual date prescribed by
 1574  Enterprise Florida, Inc., The report must set forth information
 1575  on:
 1576         (a) The number of Florida companies assisted.
 1577         (b) The number of inquiries received about investment
 1578  opportunities in this state.
 1579         (c) The number of trade leads generated.
 1580         (d) The number of investment projects announced.
 1581         (e) The estimated U.S. dollar value of sales confirmations.
 1582         (f) The number of representation agreements.
 1583         (g) The number of company consultations.
 1584         (h) Barriers or other issues affecting the effective
 1585  operation of the office.
 1586         (i) Changes in office operations which are planned for the
 1587  current fiscal year.
 1588         (j) Marketing activities conducted.
 1589         (k) Strategic alliances formed with organizations in the
 1590  country in which the office is located.
 1591         (l) Activities conducted with Florida’s other international
 1592  offices.
 1593         (m) Any other information that the office believes would
 1594  contribute to an understanding of its activities.
 1595         (4) The Department of Commerce Economic Opportunity, in
 1596  connection with the establishment, operation, and management of
 1597  any of its offices located in another country, is exempt from
 1598  the provisions of ss. 255.21, 255.25, and 255.254 relating to
 1599  leasing of buildings; ss. 283.33 and 283.35 relating to bids for
 1600  printing; ss. 287.001-287.20 relating to purchasing and motor
 1601  vehicles; and ss. 282.003-282.00515 and 282.702-282.7101
 1602  relating to communications, and from all statutory provisions
 1603  relating to state employment.
 1604         (a) The department may exercise such exemptions only upon
 1605  prior approval of the Governor.
 1606         (b) If approval for an exemption under this section is
 1607  granted as an integral part of a plan of operation for a
 1608  specified international office, such action shall constitute
 1609  continuing authority for the department to exercise the
 1610  exemption, but only in the context and upon the terms originally
 1611  granted. Any modification of the approved plan of operation with
 1612  respect to an exemption contained therein must be resubmitted to
 1613  the Governor for his or her approval. An approval granted to
 1614  exercise an exemption in any other context shall be restricted
 1615  to the specific instance for which the exemption is to be
 1616  exercised.
 1617         (c) As used in this subsection, the term “plan of
 1618  operation” means the plan developed pursuant to subsection (2).
 1619         (d) Upon final action by the Governor with respect to a
 1620  request to exercise the exemption authorized in this subsection,
 1621  the department shall report such action, along with the original
 1622  request and any modifications thereto, to the President of the
 1623  Senate and the Speaker of the House of Representatives within 30
 1624  days.
 1625         (5) Where feasible and appropriate, international offices
 1626  established and operated under this section may provide one-stop
 1627  access to the economic development, trade, and tourism
 1628  information, services, and programs of the state. Where feasible
 1629  and appropriate, such offices may also be collocated with other
 1630  international offices of the state.
 1631         (6)(a) The department shall establish a direct-support
 1632  organization, organized as a nonprofit under chapter 617 and
 1633  recognized under s. 501(c)(3) of the Internal Revenue Code is
 1634  authorized to make and to enter into contracts with Enterprise
 1635  Florida, Inc., to carry out the provisions of this section,
 1636  assist with the coordination of international trade development
 1637  efforts, and assist in development and planning related to
 1638  foreign investment, international partnerships, and other
 1639  international business and trade development. The organization
 1640  is exempt from paying fees under s. 617.0122. The department
 1641  must approve the articles of incorporation and bylaws of the
 1642  direct-support organization.
 1643         (b) The Secretary of Commerce shall be the head of the
 1644  direct-support organization and may provide for the appointment
 1645  of a director and other staff as necessary to carry out the
 1646  responsibilities of the organization. The director and staff of
 1647  the organization are subject to ss. 112.313(1)-(8), (10), (12),
 1648  and (15); 112.3135; and 112.3143(2). For purposes of applying
 1649  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
 1650  112.3143(2) to activities of the president and staff, those
 1651  persons shall be considered public officers or employees and the
 1652  corporation shall be considered their agency.
 1653         (c) The authority, duties, and exemptions provided in this
 1654  section apply to the direct-support organization Enterprise
 1655  Florida, Inc., to the same degree and subject to the same
 1656  conditions as applied to the department. To the greatest extent
 1657  possible, the department’s agreement with the direct-support
 1658  organization such contracts shall include provisions for
 1659  cooperative agreements or strategic alliances between private
 1660  businesses and state, international, and local governmental
 1661  entities to operate international offices. The direct-support
 1662  organization may coordinate and plan international trade
 1663  missions, including setting up travel, arranging for
 1664  participation by Florida businesses, and tracking data related
 1665  to outcomes of the trade missions on behalf of the department.
 1666  The organization shall comply with the per diem and travel
 1667  expense provisions of s. 112.061.
 1668         (d) The agreement between the department and the direct
 1669  support organization must specify the approval of the
 1670  department, the powers and duties of the direct-support
 1671  organization, and rules with which the direct-support
 1672  organization must comply. The department may authorize, without
 1673  charge, appropriate use of property, facilities, and personnel
 1674  of the department by the direct-support organization for
 1675  approved purposes. The agreement between the department and the
 1676  organization must prescribe the conditions with which the
 1677  organization must comply in order to use property, facilities,
 1678  or personnel of the department. Such conditions must provide for
 1679  budget and audit review and oversight by the department.
 1680  However, the department may not authorize the use of property,
 1681  facilities, or personnel of department by the direct-support
 1682  organization that does not provide equal employment
 1683  opportunities to all persons regardless of race, color,
 1684  religion, sex, age, or national origin.
 1685         (e)The direct-support organization may conduct programs
 1686  and activities; raise funds; request and receive grants, gifts,
 1687  and bequests of money; acquire, receive, hold, invest, and
 1688  administer, in its own name, securities, funds, objects of
 1689  value, or other property, real or personal; and make
 1690  expenditures to or for the direct or indirect benefit of the
 1691  organization if such furthers the duties and mission of the
 1692  organization and is in the best interests of this state.
 1693         (f) The direct-support organization may accept grants or
 1694  other donations in order to facilitate trade missions and
 1695  conduct other related international activities. Funds of the
 1696  organization must be held in a separate depository account in
 1697  the name of the organization, subject to the provisions of the
 1698  contract with the department, and must be used in a manner
 1699  consistent with the goals of the organization. Any funds and
 1700  property held by the organization shall revert to the department
 1701  if the organization is no longer approved to operate by the
 1702  department, fails to maintain its tax-exempt status, or ceases
 1703  to exist.
 1704         (g) The department must determine and annually certify that
 1705  the direct-support organization is complying with the terms of
 1706  the contract and is doing so consistent with the goals and
 1707  purposes of the organization and in the best interests of the
 1708  state. The organization is required to annually submit to the
 1709  department its federal Internal Revenue Service Application for
 1710  Recognition of Exemption form (Form 1023) and federal Internal
 1711  Revenue Service Return of Organization Exempt from Income Tax
 1712  form (Form 990); an annual budget for approval by the
 1713  department; an annual financial audit in accordance with s.
 1714  215.981; and an annual itemized accounting of the total amount
 1715  of travel and entertainment expenses.
 1716         (h) The fiscal year of the direct-support organization
 1717  begins on July 1 of each year and ends on June 30 of the
 1718  following year. By August 15 of each fiscal year, the department
 1719  shall submit a proposed operating budget for the direct-support
 1720  organization, including amounts to be expended on international
 1721  offices, trade missions, events, other operating capital outlay,
 1722  salaries and benefits for each employee, and contributions and
 1723  expenditures, to the Governor, the President of the Senate, and
 1724  the Speaker of the House of Representatives.
 1725         (i) This subsection is repealed October 1, 2028, unless
 1726  reviewed and saved from repeal by the Legislature.
 1727         Section 34. Section 288.017, Florida Statutes, is amended
 1728  to read:
 1729         288.017 Cooperative advertising matching grants program.—
 1730         (1) The Florida Tourism Industry Marketing Corporation
 1731  Enterprise Florida, Inc., is authorized to establish a
 1732  cooperative advertising matching grants program and, pursuant
 1733  thereto, to make expenditures and enter into contracts with
 1734  local governments and nonprofit corporations for the purpose of
 1735  publicizing the tourism advantages of the state. The department,
 1736  based on recommendations from the corporation Enterprise
 1737  Florida, Inc., shall have final approval of grants awarded
 1738  through this program. Enterprise Florida, Inc., may contract
 1739  with its direct-support organization to administer the program.
 1740         (2) The total annual allocation of funds for this grant
 1741  program may not exceed $40,000. Each grant awarded under the
 1742  program shall be limited to no more than $2,500 and shall be
 1743  matched by nonstate dollars. All grants shall be restricted to
 1744  local governments and nonprofit corporations serving and located
 1745  in municipalities having a population of 50,000 persons or less
 1746  or in counties with an unincorporated area having a population
 1747  of 200,000 persons or less.
 1748         (3) The Florida Tourism Marketing Corporation Enterprise
 1749  Florida, Inc., shall conduct an annual competitive selection
 1750  process for the award of grants under the program. In
 1751  determining its recommendations for the grant awards, the
 1752  corporation commission shall consider the demonstrated need of
 1753  the applicant for advertising assistance, the feasibility and
 1754  projected benefit of the applicant’s proposal, the amount of
 1755  nonstate funds that will be leveraged, and such other criteria
 1756  as the department commission deems appropriate. In evaluating
 1757  grant applications, the department shall consider
 1758  recommendations from the corporation Enterprise Florida, Inc.
 1759  The department, however, has final approval authority for any
 1760  grant under this section.
 1761         Section 35. Subsection (4) of section 288.018, Florida
 1762  Statutes, is amended to read:
 1763         288.018 Regional Rural Development Grants Program.—
 1764         (4) The department may expend up to $750,000 each fiscal
 1765  year from funds appropriated to the Rural Community Development
 1766  Revolving Loan Fund for the purposes outlined in this section.
 1767  The department may contract with Enterprise Florida, Inc., for
 1768  the administration of the purposes specified in this section.
 1769  Funds released to Enterprise Florida, Inc., for this purpose
 1770  shall be released quarterly and shall be calculated based on the
 1771  applications in process.
 1772         Section 36. Subsections (1), (9), and (10) of section
 1773  288.047, Florida Statutes, are amended, to read:
 1774         288.047 Quick-response training for economic development.—
 1775         (1) The Quick-Response Training Program is created to meet
 1776  the workforce-skill needs of existing, new, and expanding
 1777  industries. The program shall be administered by CareerSource
 1778  Florida, Inc., in conjunction with Enterprise Florida, Inc., and
 1779  the Department of Education. CareerSource Florida, Inc., shall
 1780  adopt guidelines for the administration of this program, shall
 1781  provide technical services, and shall identify businesses that
 1782  seek services through the program. CareerSource Florida, Inc.,
 1783  may contract with Enterprise Florida, Inc., or administer this
 1784  program directly, if it is determined that such an arrangement
 1785  maximizes the amount of the Quick Response grant going to direct
 1786  services.
 1787         (9)Notwithstanding any other provision of law, eligible
 1788  matching contributions received under this section from the
 1789  Quick-Response Training Program may be counted toward the
 1790  private sector support of Enterprise Florida, Inc., under s.
 1791  288.904.
 1792         (10)CareerSource Florida, Inc., and Enterprise Florida,
 1793  Inc., shall coordinate and cooperate in administering this
 1794  section so that any division of responsibility between the two
 1795  organizations which relates to marketing or administering the
 1796  Quick-Response Training Program is not apparent to a business
 1797  that inquires about or applies for funding under this section. A
 1798  business shall be provided with a single point of contact for
 1799  information and assistance.
 1800         Section 37. Subsections (1) and (4) of section 288.061,
 1801  Florida Statutes, are amended to read:
 1802         288.061 Economic development incentive application
 1803  process.—
 1804         (1) Upon receiving a submitted economic development
 1805  incentive application, the Division of Economic Strategic
 1806  Business Development of the department of Economic Opportunity
 1807  and designated staff of Enterprise Florida, Inc., shall review
 1808  the application to ensure that the application is complete,
 1809  whether and what type of state and local permits may be
 1810  necessary for the applicant’s project, whether it is possible to
 1811  waive such permits, and what state incentives and amounts of
 1812  such incentives may be available to the applicant. The
 1813  department shall recommend to the Secretary of Commerce Economic
 1814  Opportunity to approve or disapprove an applicant business. If
 1815  review of the application demonstrates that the application is
 1816  incomplete, the secretary shall notify the applicant business
 1817  within the first 5 business days after receiving the
 1818  application.
 1819         (4) The department shall validate contractor performance
 1820  and report such validation in the annual incentives report
 1821  required under s. 288.0065 s. 288.907.
 1822         Section 38. Paragraph (e) of subsection (2), and
 1823  subsections (3) and (4) of section 288.0655, Florida Statutes,
 1824  are amended to read:
 1825         288.0655 Rural Infrastructure Fund.—
 1826         (2)
 1827         (e) To enable local governments to access the resources
 1828  available pursuant to s. 403.973(17) s. 403.973(18), the
 1829  department may award grants for surveys, feasibility studies,
 1830  and other activities related to the identification and
 1831  preclearance review of land which is suitable for preclearance
 1832  review. Authorized grants under this paragraph may not exceed
 1833  $75,000 each, except in the case of a project in a rural area of
 1834  opportunity, in which case the grant may not exceed $300,000.
 1835  Any funds awarded under this paragraph must be matched at a
 1836  level of 50 percent with local funds, except that any funds
 1837  awarded for a project in a rural area of opportunity must be
 1838  matched at a level of 33 percent with local funds. If an
 1839  application for funding is for a catalyst site, as defined in s.
 1840  288.0656, the requirement for local match may be waived pursuant
 1841  to the process in s. 288.06561. In evaluating applications under
 1842  this paragraph, the department shall consider the extent to
 1843  which the application seeks to minimize administrative and
 1844  consultant expenses.
 1845         (3) The department, in consultation with Enterprise
 1846  Florida, Inc., the Florida Tourism Industry Marketing
 1847  Corporation, the Department of Environmental Protection, and the
 1848  Florida Fish and Wildlife Conservation Commission, as
 1849  appropriate, shall review and certify applications pursuant to
 1850  s. 288.061. The review shall include an evaluation of the
 1851  economic benefit of the projects and their long-term viability.
 1852  The department shall have final approval for any grant under
 1853  this section.
 1854         (4)By September 1, 2021, the department shall, in
 1855  consultation with the organizations listed in subsection (3),
 1856  and other organizations, reevaluate existing guidelines and
 1857  criteria governing submission of applications for funding,
 1858  review and evaluation of such applications, and approval of
 1859  funding under this section. The department shall consider
 1860  factors including, but not limited to, the project’s potential
 1861  for enhanced job creation or increased capital investment, the
 1862  demonstration and level of local public and private commitment,
 1863  whether the project is located in a community development
 1864  corporation service area, or in an urban high-crime area as
 1865  designated under s. 212.097, the unemployment rate of the county
 1866  in which the project would be located, and the poverty rate of
 1867  the community.
 1868         Section 39. Paragraph (a) of subsection (6) and paragraphs
 1869  (a) and (c) of subsection (7) of section 288.0656, Florida
 1870  Statutes, are amended to read:
 1871         288.0656 Rural Economic Development Initiative.—
 1872         (6)(a) By August 1 of each year, the head of each of the
 1873  following agencies and organizations shall designate a deputy
 1874  secretary or higher-level staff person from within the agency or
 1875  organization to serve as the REDI representative for the agency
 1876  or organization:
 1877         1. The Department of Transportation.
 1878         2. The Department of Environmental Protection.
 1879         3. The Department of Agriculture and Consumer Services.
 1880         4. The Department of State.
 1881         5. The Department of Health.
 1882         6. The Department of Children and Families.
 1883         7. The Department of Corrections.
 1884         8. The Department of Education.
 1885         9. The Department of Juvenile Justice.
 1886         10. The Fish and Wildlife Conservation Commission.
 1887         11. Each water management district.
 1888         12. Enterprise Florida, Inc.
 1889         13. CareerSource Florida, Inc.
 1890         13.14. VISIT Florida.
 1891         14.15. The Florida Regional Planning Council Association.
 1892         15.16. The Agency for Health Care Administration.
 1893         16.17. The Institute of Food and Agricultural Sciences
 1894  (IFAS).
 1895  
 1896  An alternate for each designee shall also be chosen, and the
 1897  names of the designees and alternates shall be sent to the
 1898  Secretary of Commerce Economic Opportunity.
 1899         (7)
 1900         (a) REDI may recommend to the Governor up to three rural
 1901  areas of opportunity. The Governor may by executive order
 1902  designate up to three rural areas of opportunity which will
 1903  establish these areas as priority assignments for REDI as well
 1904  as to allow the Governor, acting through REDI, to waive
 1905  criteria, requirements, or similar provisions of any economic
 1906  development incentive. Such incentives shall include, but are
 1907  not limited to, the Qualified Target Industry Tax Refund Program
 1908  under s. 288.106, the Quick Response Training Program under s.
 1909  288.047, the Quick Response Training Program for participants in
 1910  the welfare transition program under s. 288.047(8),
 1911  transportation projects under s. 339.2821, the brownfield
 1912  redevelopment bonus refund under s. 288.107, and the rural job
 1913  tax credit program under ss. 212.098 and 220.1895.
 1914         (c) Each rural area of opportunity may designate catalyst
 1915  projects, provided that each catalyst project is specifically
 1916  recommended by REDI, identified as a catalyst project by
 1917  Enterprise Florida, Inc., and confirmed as a catalyst project by
 1918  the department. All state agencies and departments shall use all
 1919  available tools and resources to the extent permissible by law
 1920  to promote the creation and development of each catalyst project
 1921  and the development of catalyst sites.
 1922         Section 40. Section 288.0658, Florida Statutes, is amended
 1923  to read:
 1924         288.0658 Nature-based recreation; promotion and other
 1925  assistance by Fish and Wildlife Conservation Commission.—The
 1926  Florida Fish and Wildlife Conservation Commission is directed to
 1927  assist Enterprise Florida, Inc.; the Florida Tourism Industry
 1928  Marketing Corporation, doing business as VISIT Florida;
 1929  convention and visitor bureaus; tourist development councils;
 1930  economic development organizations; and local governments
 1931  through the provision of marketing advice, technical expertise,
 1932  promotional support, and product development related to nature
 1933  based recreation and sustainable use of natural resources. In
 1934  carrying out this responsibility, the Florida Fish and Wildlife
 1935  Conservation Commission shall focus its efforts on fostering
 1936  nature-based recreation in rural communities and regions
 1937  encompassing rural communities. As used in this section, the
 1938  term “nature-based recreation” means leisure activities related
 1939  to the state’s lands, waters, and fish and wildlife resources,
 1940  including, but not limited to, wildlife viewing, fishing,
 1941  hiking, canoeing, kayaking, camping, hunting, backpacking, and
 1942  nature photography.
 1943         Section 41. Subsection (6) of section 288.075, Florida
 1944  Statutes, is amended to read:
 1945         288.075 Confidentiality of records.—
 1946         (6) ECONOMIC INCENTIVE PROGRAMS.—
 1947         (a) The following information held by an economic
 1948  development agency pursuant to the administration of an economic
 1949  incentive program for qualified businesses is confidential and
 1950  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1951  Constitution for a period not to exceed the duration of the
 1952  incentive agreement, including an agreement authorizing a tax
 1953  refund or tax credit, or upon termination of the incentive
 1954  agreement:
 1955         1. The percentage of the business’s sales occurring outside
 1956  this state and, for businesses applying under s. 288.1045, the
 1957  percentage of the business’s gross receipts derived from
 1958  Department of Defense contracts during the 5 years immediately
 1959  preceding the date the business’s application is submitted.
 1960         2. An individual employee’s personal identifying
 1961  information that is held as evidence of the achievement or
 1962  nonachievement of the wage requirements of the tax refund, tax
 1963  credit, or incentive agreement programs or of the job creation
 1964  requirements of such programs.
 1965         3. The amount of:
 1966         a. Taxes on sales, use, and other transactions paid
 1967  pursuant to chapter 212;
 1968         b. Corporate income taxes paid pursuant to chapter 220;
 1969         c. Intangible personal property taxes paid pursuant to
 1970  chapter 199;
 1971         d. Insurance premium taxes paid pursuant to chapter 624;
 1972         e. Excise taxes paid on documents pursuant to chapter 201;
 1973         f. Ad valorem taxes paid, as defined in s. 220.03(1); or
 1974         g. State communications services taxes paid pursuant to
 1975  chapter 202.
 1976  
 1977  However, an economic development agency may disclose in the
 1978  annual incentives report required under s. 288.0065 s. 288.907
 1979  the aggregate amount of each tax identified in this subparagraph
 1980  and paid by all businesses participating in each economic
 1981  incentive program.
 1982         (b)1. The following information held by an economic
 1983  development agency relating to a specific business participating
 1984  in an economic incentive program is no longer confidential or
 1985  exempt 180 days after a final project order for an economic
 1986  incentive agreement is issued, until a date specified in the
 1987  final project order, or if the information is otherwise
 1988  disclosed, whichever occurs first:
 1989         1.a. The name of the qualified business.
 1990         2.b. The total number of jobs the business committed to
 1991  create or retain.
 1992         3.c. The total number of jobs created or retained by the
 1993  business.
 1994         4.d. Notwithstanding s. 213.053(2), the amount of tax
 1995  refunds, tax credits, or incentives awarded to, claimed by, or,
 1996  if applicable, refunded to the state by the business.
 1997         5.e. The anticipated total annual wages of employees the
 1998  business committed to hire or retain.
 1999         2.For a business applying for certification under s.
 2000  288.1045 which is based on obtaining a new Department of Defense
 2001  contract, the total number of jobs expected and the amount of
 2002  tax refunds claimed may not be released until the new Department
 2003  of Defense contract is awarded.
 2004         Section 42. Paragraphs (a), (c), and (e) of subsection (1),
 2005  paragraph (e) of subsection (3), and subsections (6), (7), and
 2006  (8) of section 288.076 are amended to read:
 2007         288.076 Return on investment reporting for economic
 2008  development programs.—
 2009         (1) As used in this section, the term:
 2010         (a) “Jobs” means full-time equivalent positions, including,
 2011  but not limited to, positions obtained from a temporary
 2012  employment agency or employee leasing company or through a union
 2013  agreement or coemployment under a professional employer
 2014  organization agreement, that result directly from a project in
 2015  this state. The term does not include temporary construction
 2016  jobs involved with the construction of facilities for the
 2017  project or any jobs previously included in any application for
 2018  tax refunds has the same meaning as provided in s.
 2019  288.106(2)(i).
 2020         (c) “Project” means the creation of a new business or
 2021  expansion of an existing business has the same meaning as
 2022  provided in s. 288.106(2)(m).
 2023         (e) “State investment” means any state grants, tax
 2024  exemptions, tax refunds, tax credits, or other state incentives
 2025  provided to a business under a program administered by the
 2026  department, including the capital investment tax credit under s.
 2027  220.191.
 2028         (3) Within 48 hours after expiration of the period of
 2029  confidentiality for project information deemed confidential and
 2030  exempt pursuant to s. 288.075, the department shall publish the
 2031  following information pertaining to each project:
 2032         (e) Project performance goals.—
 2033         1. The incremental direct jobs attributable to the project,
 2034  identifying the number of jobs generated and the number of jobs
 2035  retained.
 2036         2. The number of jobs generated and the number of jobs
 2037  retained by the project, and for projects commencing after
 2038  October 1, 2013, the average annual wage of persons holding such
 2039  jobs.
 2040         3. The incremental direct capital investment in the state
 2041  generated by the project.
 2042         (6) Annually, the department shall publish information
 2043  relating to the progress of Quick Action Closing Fund projects,
 2044  awarded under former s. 288.1088, until all contracts are
 2045  complete or terminated including the average number of days
 2046  between the date the department receives a completed application
 2047  and the date on which the application is approved.
 2048         (7)(a) Within 48 hours after expiration of the period of
 2049  confidentiality provided under s. 288.075, the department shall
 2050  publish the contract or agreement described in s. 288.061,
 2051  redacted to protect the participant business from disclosure of
 2052  information that remains confidential or exempt by law.
 2053         (b)Within 48 hours after submitting any report of findings
 2054  and recommendations made pursuant to s. 288.106(7)(d) concerning
 2055  a business’s failure to complete a tax refund agreement pursuant
 2056  to the tax refund program for qualified target industry
 2057  businesses, the department shall publish such report.
 2058         (8) For projects completed before October 1, 2013, the
 2059  department shall compile and, by October 1, 2014, shall publish
 2060  the information described in subsections (3), (4), and (5), to
 2061  the extent such information is available and applicable.
 2062         Section 43. Section 288.095, Florida Statutes, is amended
 2063  to read:
 2064         288.095 Economic Development Trust Fund.—
 2065         (1) The Economic Development Trust Fund is created within
 2066  the department of Economic Opportunity. Moneys deposited into
 2067  the fund must be used only to support the authorized activities
 2068  and operations of the department.
 2069         (2) There is created, within the Economic Development Trust
 2070  Fund, the Economic Development Incentives Account. The Economic
 2071  Development Incentives Account consists of moneys appropriated
 2072  to the account for purposes of the tax incentives programs
 2073  authorized under s. 288.107 and former s. 288.106 ss. 288.1045
 2074  and 288.106, and local financial support provided under former
 2075  s. 288.106 ss. 288.1045 and 288.106. Moneys in the Economic
 2076  Development Incentives Account shall be subject to the
 2077  provisions of s. 216.301(1)(a).
 2078         (3)(a) The department may approve applications for
 2079  certification pursuant to ss. 288.1045(3) and 288.106. However,
 2080  The total state share of tax refund payments may not exceed $35
 2081  million.
 2082         (b) The total amount of tax refund claims approved for
 2083  payment by the department based on actual project performance
 2084  may not exceed the amount appropriated to the Economic
 2085  Development Incentives Account for such purposes for the fiscal
 2086  year. Claims for tax refunds under s. 288.107 and former ss.
 2087  288.1045 and 288.106 shall be paid in the order the claims are
 2088  approved by the department. In the event the Legislature does
 2089  not appropriate an amount sufficient to satisfy the tax refunds
 2090  under s. 288.107 and former s. 288.106 ss. 288.1045 and 288.106
 2091  in a fiscal year, the department shall pay the tax refunds from
 2092  the appropriation for the following fiscal year. By March 1 of
 2093  each year, the department shall notify the legislative
 2094  appropriations committees of the Senate and House of
 2095  Representatives of any anticipated shortfall in the amount of
 2096  funds needed to satisfy claims for tax refunds from the
 2097  appropriation for the current fiscal year.
 2098         (c) Moneys in the Economic Development Incentives Account
 2099  may be used only to pay tax refunds and make other payments
 2100  authorized under s. 288.1045, s. 288.106, or s. 288.107 or in
 2101  agreements authorized under former s. 288.106. The department
 2102  shall report within 10 days after the end of each quarter to the
 2103  Office of Policy and Budget in the Executive Officer of the
 2104  Governor, the chair of the Senate Appropriations Committee or
 2105  its successor, and the chair of the House of Representatives
 2106  Appropriations Committee or its successor regarding the status
 2107  of payments made for all economic development programs
 2108  administered by the department under this chapter, including s.
 2109  288.107 and former ss. 288.106 and 288.108.
 2110         (d) The department may adopt rules necessary to carry out
 2111  the provisions of this subsection, including rules providing for
 2112  the use of moneys in the Economic Development Incentives Account
 2113  and for the administration of the Economic Development
 2114  Incentives Account.
 2115         (4) The department shall create a separate account for
 2116  funds transferred from the former Enterprise Florida, Inc., held
 2117  for payments for agreements under the Quick Action Closing Fund
 2118  under former s. 288.1088 or the Innovation Incentive Program
 2119  under former s. 288.1089. The department shall report within 10
 2120  days after the end of each quarter to the Office of Policy and
 2121  Budget in the Executive Office of the Governor, the chair of the
 2122  Senate Appropriations Committee or its successor, and the chair
 2123  of the House of Representatives Appropriations Committee or its
 2124  successor regarding all escrow activity relating to both
 2125  programs, including payments made pursuant to confirmed
 2126  performance under the remaining contracts, payments returned to
 2127  the state due to noncompliance, and contracts terminated due to
 2128  noncompliance. The department must transfer to the General
 2129  Revenue Fund any payments returned to the state, either returned
 2130  by the recipient or through action by the department to
 2131  administratively or otherwise legally obtain repayment of funds,
 2132  and any funds associated with terminated contracts.
 2133         Section 44. Subsection (2) and paragraph (c) of subsection
 2134  (3) of section 288.101, Florida Statutes, as amended by chapter
 2135  2023-17, Laws of Florida, are amended to read:
 2136         288.101 Florida Job Growth Grant Fund.—
 2137         (2) The department and Enterprise Florida, Inc., may
 2138  identify projects, solicit proposals, and make funding
 2139  recommendations to the Governor, who is authorized to approve:
 2140         (a) State or local public infrastructure projects to
 2141  promote:
 2142         1. Economic recovery in specific regions of this state;
 2143         2. Economic diversification; or
 2144         3. Economic enhancement in a targeted industry.
 2145         (b) State or local public infrastructure projects to
 2146  facilitate the development or construction of affordable
 2147  housing. This paragraph is repealed July 1, 2033.
 2148         (c) Infrastructure funding to accelerate the rehabilitation
 2149  of the Herbert Hoover Dike. The department or the South Florida
 2150  Water Management District may enter into agreements, as
 2151  necessary, with the United States Army Corps of Engineers to
 2152  implement this paragraph.
 2153         (d) Workforce training grants to support programs at state
 2154  colleges and state technical centers that provide participants
 2155  with transferable, sustainable workforce skills applicable to
 2156  more than a single employer, and for equipment associated with
 2157  these programs. The department shall work with CareerSource
 2158  Florida, Inc., to ensure programs are offered to the public
 2159  based on criteria established by the state college or state
 2160  technical center and do not exclude applicants who are
 2161  unemployed or underemployed.
 2162         (3) For purposes of this section:
 2163         (c) “Targeted industry” means any industry identified in
 2164  the most recent list provided to the Governor, the President of
 2165  the Senate, and the Speaker of the House of Representatives in
 2166  accordance with s. 288.005 s. 288.106(2)(q).
 2167         Section 45. Section 288.1045, Florida Statutes, is
 2168  repealed.
 2169         Section 46. Section 288.106, Florida Statutes, is repealed.
 2170         Section 47. Paragraphs (d) and (f) of subsection (1),
 2171  subsection (2), paragraph (b) of subsection (3), subsection (4),
 2172  and paragraph (b) of subsection (5) of section 288.107, Florida
 2173  Statutes, are amended, and paragraph (c) is added to subsection
 2174  (5) of that section, to read:
 2175         288.107 Brownfield redevelopment bonus refunds.—
 2176         (1) DEFINITIONS.—As used in this section:
 2177         (d) “Eligible business” means:
 2178         1. A qualified target industry business as defined in s.
 2179  288.106(2); or
 2180         2. a business that can demonstrate a fixed capital
 2181  investment of at least $2 million in mixed-use business
 2182  activities, including multiunit housing, commercial, retail, and
 2183  industrial in brownfield areas eligible for bonus refunds, and
 2184  that provides benefits to its employees.
 2185         (f) “Project” means the creation of a new business or the
 2186  expansion of an existing business as defined in s. 288.106.
 2187         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
 2188  shall be approved by the department as specified in the final
 2189  order and allowed from the account as follows:
 2190         (a) A bonus refund of $2,500 shall be allowed to any
 2191  qualified target industry business as defined in s. 288.106 for
 2192  each new Florida job created in a brownfield area eligible for
 2193  bonus refunds which is claimed on the qualified target industry
 2194  business’s annual refund claim authorized in s. 288.106(6).
 2195         (b) a bonus refund of up to $2,500 shall be allowed to any
 2196  other eligible business as defined in subparagraph (1)(d)2. for
 2197  each new Florida job created in a brownfield area eligible for
 2198  bonus refunds which is claimed under an annual claim procedure
 2199  similar to the annual refund claim authorized in former s.
 2200  288.106(6). The amount of the refund shall be equal to 20
 2201  percent of the average annual wage for the jobs created.
 2202         (3) CRITERIA.—The minimum criteria for participation in the
 2203  brownfield redevelopment bonus refund are:
 2204         (b) The completion of a fixed capital investment of at
 2205  least $2 million in mixed-use business activities, including
 2206  multiunit housing, commercial, retail, and industrial in
 2207  brownfield areas eligible for bonus refunds, by an eligible
 2208  business applying for a refund under subsection (2) paragraph
 2209  (2)(b) which provides benefits to its employees.
 2210         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 2211         (a) To be eligible to receive a bonus refund for new
 2212  Florida jobs created in a brownfield area eligible for bonus
 2213  refunds, a business must have been certified as an a qualified
 2214  target industry business under s. 288.106 or eligible business
 2215  as defined in paragraph (1)(d) and must have indicated on the
 2216  qualified target industry business tax refund application form
 2217  submitted to the department in accordance with s. 288.106(4) or
 2218  other similar agreement for other eligible business as defined
 2219  in paragraph (1)(d) that the project for which the application
 2220  is submitted is or will be located in a brownfield area eligible
 2221  for bonus refunds and that the business is applying for
 2222  certification as a qualified brownfield business under this
 2223  section, and must have signed a qualified target industry
 2224  business tax refund agreement with the department that indicates
 2225  that the business has been certified as a qualified target
 2226  industry business located in a brownfield area eligible for
 2227  bonus refunds and specifies the schedule of brownfield
 2228  redevelopment bonus refunds that the business may be eligible to
 2229  receive in each fiscal year.
 2230         (b) To be considered to receive an eligible brownfield
 2231  redevelopment bonus refund payment, the business meeting the
 2232  requirements of paragraph (a) must submit a claim once each
 2233  fiscal year on a claim form approved by the department which
 2234  indicates the location of the brownfield site for which a
 2235  rehabilitation agreement with the Department of Environmental
 2236  Protection or a local government delegated by the Department of
 2237  Environmental Protection has been executed under s. 376.80, the
 2238  address of the business facility’s brownfield location, the name
 2239  of the brownfield in which it is located, the number of jobs
 2240  created, and the average wage of the jobs created by the
 2241  business within the brownfield as defined in s. 288.106 or other
 2242  eligible business as defined in paragraph (1)(d) and the
 2243  administrative rules and policies for that section.
 2244         (c) The bonus refunds shall be available on the same
 2245  schedule as the qualified target industry tax refund payments
 2246  scheduled in the qualified target industry tax refund agreement
 2247  authorized in s. 288.106 or other similar agreement for other
 2248  eligible businesses as defined in paragraph (1)(e).
 2249         (d) After entering into a tax refund agreement as provided
 2250  in s. 288.106 or other similar agreement for other eligible
 2251  businesses as defined in paragraph (1)(e), an eligible business
 2252  may receive brownfield redevelopment bonus refunds from the
 2253  account:
 2254         1. For both of the following taxes due and paid by that
 2255  business beginning with the first taxable year of the business
 2256  that begins after entering into the agreement:
 2257         a. Corporate income taxes under chapter 220.
 2258         b. Insurance premium tax under s. 624.509.
 2259         2. For all of the following taxes due and paid by that
 2260  business after entering into the agreement:
 2261         a. Taxes on sales, use, and other transactions under
 2262  chapter 212.
 2263         b. Intangible personal property taxes under chapter 199.
 2264         c. Excise taxes on documents under chapter 201.
 2265         d. Ad valorem taxes paid, as defined in s. 220.03(1).
 2266         e. State communications services taxes administered under
 2267  chapter 202. This provision does not apply to the gross receipts
 2268  tax imposed under chapter 203 and administered under chapter 202
 2269  or the local communications services tax authorized under s.
 2270  202.19 pursuant to s. 288.106(3)(d).
 2271         (d)(e) An eligible business that fraudulently claims a
 2272  refund under this section:
 2273         1. Is liable for repayment of the amount of the refund to
 2274  the account, plus a mandatory penalty in the amount of 200
 2275  percent of the tax refund, which shall be deposited into the
 2276  General Revenue Fund.
 2277         2. Commits a felony of the third degree, punishable as
 2278  provided in s. 775.082, s. 775.083, or s. 775.084.
 2279         (e)(f) Applications shall be reviewed and certified
 2280  pursuant to s. 288.061 before the business has made a decision
 2281  to locate or expand a facility in this state. The department
 2282  shall review all applications submitted under s. 288.106 or
 2283  other similar application forms for other eligible businesses as
 2284  defined in paragraph (1)(d) which indicate that the proposed
 2285  project will be located in a brownfield area eligible for bonus
 2286  refunds and determine, with the assistance of the Department of
 2287  Environmental Protection, that the project location is within a
 2288  brownfield area eligible for bonus refunds as provided in this
 2289  act.
 2290         (f)(g) The department shall approve all claims for a
 2291  brownfield redevelopment bonus refund payment that are found to
 2292  meet the requirements of this section paragraphs (b) and (d).
 2293         (g)(h) The department, with such assistance as may be
 2294  required from the Department of Environmental Protection, shall
 2295  specify by written final order the amount of the brownfield
 2296  redevelopment bonus refund that is authorized for the qualified
 2297  target industry business for the fiscal year within 30 days
 2298  after the date that the claim for the annual tax refund is
 2299  received by the department.
 2300         (h)(i) The total amount of the bonus refunds approved by
 2301  the department under this section in any fiscal year must not
 2302  exceed the total amount appropriated to the Economic Development
 2303  Incentives Account for this purpose for the fiscal year. In the
 2304  event that the Legislature does not appropriate an amount
 2305  sufficient to satisfy projections by the department for
 2306  brownfield redevelopment bonus refunds under this section in a
 2307  fiscal year, the department shall, not later than July 15 of
 2308  such year, determine the proportion of each brownfield
 2309  redevelopment bonus refund claim which shall be paid by dividing
 2310  the amount appropriated for tax refunds for the fiscal year by
 2311  the projected total of brownfield redevelopment bonus refund
 2312  claims for the fiscal year. The amount of each claim for a
 2313  brownfield redevelopment bonus tax refund shall be multiplied by
 2314  the resulting quotient. If, after the payment of all such refund
 2315  claims, funds remain in the Economic Development Incentives
 2316  Account for brownfield redevelopment tax refunds, the department
 2317  shall recalculate the proportion for each refund claim and
 2318  adjust the amount of each claim accordingly.
 2319         (i)(j) Upon approval of the brownfield redevelopment bonus
 2320  refund, payment shall be made for the amount specified in the
 2321  final order. If the final order is appealed, payment may not be
 2322  made for a refund to the qualified target industry business
 2323  until the conclusion of all appeals of that order.
 2324         (5) ADMINISTRATION.—
 2325         (b) To facilitate the process of monitoring and auditing
 2326  applications made under this program, the department may provide
 2327  a list of qualified target industry businesses to the Department
 2328  of Revenue, to the Department of Environmental Protection, or to
 2329  any local government authority. The department may request the
 2330  assistance of those entities with respect to monitoring the
 2331  payment of the taxes listed in paragraph (3)(c) s. 288.106(3).
 2332         (c) The department may adopt rules, including an
 2333  application form, to administer this section.
 2334         Section 48. Paragraph (c) of subsection (2) and subsection
 2335  (6) of section 288.108, Florida Statutes, is amended to read:
 2336         288.108 High-impact business.—
 2337         (2) DEFINITIONS.—As used in this section, the term:
 2338         (c) “Eligible high-impact business” means a business in one
 2339  of the high-impact sectors identified by Enterprise Florida,
 2340  Inc., and certified by the department as provided in subsection
 2341  (5), which is making a cumulative investment in the state of at
 2342  least $50 million and creating at least 50 new full-time
 2343  equivalent jobs in the state or a research and development
 2344  facility making a cumulative investment of at least $25 million
 2345  and creating at least 25 new full-time equivalent jobs. Such
 2346  investment and employment must be achieved in a period not to
 2347  exceed 3 years after the date the business is certified as a
 2348  qualified high-impact business.
 2349         (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.—
 2350         (a) The department Enterprise Florida, Inc., shall, by
 2351  January 1, of every third year, beginning January 1, 2011,
 2352  initiate the process of reviewing and, if appropriate, selecting
 2353  a new high-impact sector for designation or recommending the
 2354  deactivation of a designated high-impact sector. The process of
 2355  reviewing designated high-impact sectors or recommending the
 2356  deactivation of a designated high-impact sector shall be in
 2357  consultation with the department, economic development
 2358  organizations, the State University System, local governments,
 2359  employee and employer organizations, market analysts, and
 2360  economists.
 2361         (b) The department has authority, after meeting the
 2362  requirements of this subsection recommendation from Enterprise
 2363  Florida, Inc., to designate a high-impact sector or to
 2364  deauthorize a designated high-impact sector.
 2365         (c) To begin the process of selecting and designating a new
 2366  high-impact sector, the department Enterprise Florida, Inc.,
 2367  shall undertake a thorough study of the proposed sector. This
 2368  study must consider the definition of the sector, including the
 2369  types of facilities which characterize the sector that might
 2370  qualify for a high-impact performance grant and whether a
 2371  powerful incentive like the high-impact performance grant is
 2372  needed to induce major facilities in the sector to locate or
 2373  grow in this state; the benefits that major facilities in the
 2374  sector have or could have on the state’s economy and the
 2375  relative significance of those benefits; the needs of the sector
 2376  and major sector facilities, including natural, public, and
 2377  human resources and benefits and costs with regard to these
 2378  resources; the sector’s current and future markets; the current
 2379  fiscal and potential fiscal impacts of the sector, to both the
 2380  state and its communities; any geographic opportunities or
 2381  limitations with regard to the sector, including areas of the
 2382  state most likely to benefit from the sector and areas unlikely
 2383  to benefit from the sector; the state’s advantages or
 2384  disadvantages with regard to the sector; and the long-term
 2385  expectations for the industry on a global level and in the
 2386  state. If the department Enterprise Florida, Inc., finds
 2387  favorable conditions for the designation of the sector as a
 2388  high-impact sector, it shall include in the study
 2389  recommendations for a complete and comprehensive sector
 2390  strategy, including appropriate marketing and workforce
 2391  strategies for the entire sector and any recommendations that
 2392  Enterprise Florida, Inc., may have for statutory or policy
 2393  changes needed to improve the state’s business climate and to
 2394  attract and grow Florida businesses, particularly small
 2395  businesses, in the proposed sector. The study shall reflect the
 2396  finding of the sector-business network specified in paragraph
 2397  (d).
 2398         (d) In conjunction with the study required in paragraph
 2399  (c), the department Enterprise Florida, Inc., shall develop and
 2400  consult with a network of sector businesses. While this network
 2401  may include non-Florida businesses, it must include any
 2402  businesses currently within the state. If the number of Florida
 2403  businesses in the sector is large, a representative cross
 2404  section of Florida sector businesses may form the core of this
 2405  network.
 2406         (e) The study and its findings and recommendations and the
 2407  recommendations gathered from the sector-business network must
 2408  be discussed and considered during at least one meeting per
 2409  calendar year of leaders in business, government, education,
 2410  workforce development, and economic development called by the
 2411  Governor to address the business climate in the state, develop a
 2412  common vision for the economic future of the state, and identify
 2413  economic development efforts to fulfill that vision.
 2414         (f) If after consideration of the completed study required
 2415  in paragraph (c) and the input derived from consultation with
 2416  the sector-business network in paragraph (d) and the meeting as
 2417  required in paragraph (e), the department board of directors of
 2418  Enterprise Florida, Inc., finds that the sector will have
 2419  exceptionally large and widespread benefits to the state and its
 2420  citizens, relative to any public costs; that the sector is
 2421  characterized by the types of facilities that require
 2422  exceptionally large investments and provide employment
 2423  opportunities to a relatively large number of workers in high
 2424  quality, high-income jobs that might qualify for a high-impact
 2425  performance grant; and that given the competition for such
 2426  businesses it may be necessary for the state to be able to offer
 2427  a large inducement, such as a high-impact performance grant, to
 2428  attract such a business to the state or to encourage businesses
 2429  to continue to grow in the state, the board of directors of
 2430  Enterprise Florida, Inc., may recommend that the department may
 2431  designate consider the designation of the sector as a high
 2432  impact business sector or may.
 2433         (g) Upon receiving a recommendation from the board of
 2434  directors of Enterprise Florida, Inc., together with the study
 2435  required in paragraph (c) and a summary of the findings and
 2436  recommendations of the sector-business network required in
 2437  paragraph (d), including a list of all meetings of the sector
 2438  network and participants in those meetings and the findings and
 2439  recommendations from the meeting as required in paragraph (e),
 2440  the department shall after a thorough evaluation of the study
 2441  and accompanying materials report its findings and either concur
 2442  in the recommendation of Enterprise Florida, Inc., and designate
 2443  the sector as a high-impact business sector or notify Enterprise
 2444  Florida, Inc., that it does not concur and deny the board’s
 2445  request for designation or return the recommendation and study
 2446  to Enterprise Florida, Inc., for further evaluation. In any
 2447  case, the department’s decision must be in writing and justify
 2448  the reasons for the decision.
 2449         (g)(h) If the department designates the sector as a high
 2450  impact sector, it shall, within 30 days, notify the Governor,
 2451  the President of the Senate, and the Speaker of the House of
 2452  Representatives of its decision and provide a complete report on
 2453  its decision, including copies of the material compiled in the
 2454  evaluation, studies, and meetings required under this subsection
 2455  provided by Enterprise Florida, Inc., and the department’s
 2456  evaluation and comment on any statutory or policy changes
 2457  recommended by Enterprise Florida, Inc.
 2458         (h)(i) For the purposes of this subsection, a high-impact
 2459  sector consists of the silicon technology sector that Enterprise
 2460  Florida, Inc., has found to be focused around the type of high
 2461  impact businesses for which the incentive created in this
 2462  subsection is required and will create the kinds of sector and
 2463  economy wide benefits that justify the use of state resources to
 2464  encourage these investments and require substantial inducements
 2465  to compete with the incentive packages offered by other states
 2466  and nations.
 2467         Section 49. Section 288.1081, Florida Statutes, is
 2468  repealed.
 2469         Section 50. Section 288.1082, Florida Statutes, is
 2470  repealed.
 2471         Section 51. Section 288.1088, Florida Statutes, is
 2472  repealed.
 2473         Section 52. Section 288.1089, Florida Statutes, is
 2474  repealed.
 2475         Section 53. Section 288.111, Florida Statutes, is amended
 2476  to read:
 2477         288.111 Information concerning local manufacturing
 2478  development programs.—The department shall develop materials
 2479  that identify each local government that establishes a local
 2480  manufacturing development program under s. 163.3252. The
 2481  materials, which the department may elect to develop and
 2482  maintain in electronic format or in any other format deemed by
 2483  the department to provide public access, must be updated at
 2484  least annually. Enterprise Florida, Inc., shall, and other State
 2485  agencies may, distribute the materials to prospective, new,
 2486  expanding, and relocating businesses seeking to conduct business
 2487  in this state.
 2488         Section 54. Subsection (7) of section 288.11621, Florida
 2489  Statutes, is amended to read:
 2490         288.11621 Spring training baseball franchises.—
 2491         (7) STRATEGIC PLANNING.—The department shall request
 2492  assistance from Enterprise Florida, Inc., and the Florida
 2493  Grapefruit League Association to develop a comprehensive
 2494  strategic plan to:
 2495         (a) Finance spring training facilities.
 2496         (b) Monitor and oversee the use of state funds awarded to
 2497  applicants.
 2498         (c) Identify the financial impact that spring training has
 2499  on the state and ways in which to maintain or improve that
 2500  impact.
 2501         (d) Identify opportunities to develop public-private
 2502  partnerships to engage in marketing activities and advertise
 2503  spring training baseball.
 2504         (e) Identify efforts made by other states to maintain or
 2505  develop partnerships with baseball spring training teams.
 2506         (f) Develop recommendations for the Legislature to sustain
 2507  or improve this state’s spring training tradition.
 2508         Section 55. Paragraph (c) of subsection (2) and paragraphs
 2509  (a), (c), and (d) of subsection (3) of section 288.11631,
 2510  Florida Statutes, are amended to read:
 2511         288.11631 Retention of Major League Baseball spring
 2512  training baseball franchises.—
 2513         (2) CERTIFICATION PROCESS.—
 2514         (c) Each applicant certified on or after July 1, 2013,
 2515  shall enter into an agreement with the department which:
 2516         1. Specifies the amount of the state incentive funding to
 2517  be distributed. The amount of state incentive funding per
 2518  certified applicant may not exceed $20 million. However, if a
 2519  certified applicant’s facility is used by more than one spring
 2520  training franchise, the maximum amount may not exceed $50
 2521  million, and the Department of Revenue shall make distributions
 2522  to the applicant pursuant to s. 212.20(6)(d)6.c. s.
 2523  212.20(6)(d)6.e.
 2524         2. States the criteria that the certified applicant must
 2525  meet in order to remain certified. These criteria must include a
 2526  provision stating that the spring training franchise must
 2527  reimburse the state for any funds received if the franchise does
 2528  not comply with the terms of the contract. If bonds were issued
 2529  to construct or renovate a facility for a spring training
 2530  franchise, the required reimbursement must be equal to the total
 2531  amount of state distributions expected to be paid from the date
 2532  the franchise violates the agreement with the applicant through
 2533  the final maturity of the bonds.
 2534         3. States that the certified applicant is subject to
 2535  decertification if the certified applicant fails to comply with
 2536  this section or the agreement.
 2537         4. States that the department may recover state incentive
 2538  funds if the certified applicant is decertified.
 2539         5. Specifies the information that the certified applicant
 2540  must report to the department.
 2541         6. Includes any provision deemed prudent by the department.
 2542         (3) USE OF FUNDS.—
 2543         (a) A certified applicant may use funds provided under s.
 2544  212.20(6)(d)6.c. s. 212.20(6)(d)6.e. only to:
 2545         1. Serve the public purpose of constructing or renovating a
 2546  facility for a spring training franchise.
 2547         2. Pay or pledge for the payment of debt service on, or to
 2548  fund debt service reserve funds, arbitrage rebate obligations,
 2549  or other amounts payable with respect thereto, bonds issued for
 2550  the construction or renovation of such facility, or for the
 2551  reimbursement of such costs or the refinancing of bonds issued
 2552  for such purposes.
 2553         (c) The Department of Revenue may not distribute funds
 2554  under s. 212.20(6)(d)6.c. s. 212.20(6)(d)6.e. until July 1,
 2555  2016. Further, the Department of Revenue may not distribute
 2556  funds to an applicant certified on or after July 1, 2013, until
 2557  it receives notice from the department that:
 2558         1. The certified applicant has encumbered funds under
 2559  either subparagraph (a)1. or subparagraph (a)2.; and
 2560         2. If applicable, any existing agreement with a spring
 2561  training franchise for the use of a facility has expired.
 2562         (d)1. All certified applicants shall place unexpended state
 2563  funds received pursuant to s. 212.20(6)(d)6.c. s.
 2564  212.20(6)(d)6.e. in a trust fund or separate account for use
 2565  only as authorized in this section.
 2566         2. A certified applicant may request that the department
 2567  notify the Department of Revenue to suspend further
 2568  distributions of state funds made available under s.
 2569  212.20(6)(d)6.c. s. 212.20(6)(d)6.e. for 12 months after
 2570  expiration of an existing agreement with a spring training
 2571  franchise to provide the certified applicant with an opportunity
 2572  to enter into a new agreement with a spring training franchise,
 2573  at which time the distributions shall resume.
 2574         3. The expenditure of state funds distributed to an
 2575  applicant certified after July 1, 2013, must begin within 48
 2576  months after the initial receipt of the state funds. In
 2577  addition, the construction or renovation of a spring training
 2578  facility must be completed within 24 months after the project’s
 2579  commencement.
 2580         Section 56. Section 288.1168, Florida Statutes, is
 2581  repealed.
 2582         Section 57. Section 288.1169, Florida Statutes, is
 2583  repealed.
 2584         Section 58. Section 288.122, Florida Statutes, is amended
 2585  to read:
 2586         288.122 Tourism Promotional Trust Fund.—There is created
 2587  within the department the Tourism Promotional Trust Fund. Moneys
 2588  deposited in the Tourism Promotional Trust Fund shall only be
 2589  used to support the authorized activities and operations and the
 2590  tourism promotion and marketing activities, services, functions,
 2591  and programs administered by the department Enterprise Florida,
 2592  Inc., through a contract with the direct-support organization
 2593  created under s. 288.1226.
 2594         Section 59. Subsections (2), (3), and (4), paragraphs (a),
 2595  (c), (g), (h), (i), and (k) of subsection (5), and subsections
 2596  (7) and (8) of section 288.1226, Florida Statutes, as amended by
 2597  chapter 2023-20, Laws of Florida, are amended to read:
 2598         288.1226 Florida Tourism Industry Marketing Corporation;
 2599  use of property; board of directors; duties; audit.—
 2600         (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
 2601  Corporation is a direct-support organization of the department
 2602  Enterprise Florida, Inc.
 2603         (a) The Florida Tourism Industry Marketing Corporation is a
 2604  corporation not for profit, as defined in s. 501(c)(6) of the
 2605  Internal Revenue Code of 1986, as amended, that is incorporated
 2606  under the provisions of chapter 617 and approved by the
 2607  Department of State.
 2608         (b) The corporation is organized and operated exclusively
 2609  to request, receive, hold, invest, and administer property and
 2610  to manage and make expenditures for the operation of the
 2611  activities, services, functions, and programs of this state
 2612  which relate to the statewide, national, and international
 2613  promotion and marketing of tourism.
 2614         (c)1. The corporation is not an agency for the purposes of
 2615  chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254,
 2616  relating to leasing of buildings; ss. 283.33 and 283.35,
 2617  relating to bids for printing; s. 215.31; and parts I, II, and
 2618  IV-VIII of chapter 112. However, the corporation shall comply
 2619  with the per diem and travel expense provisions of s. 112.061.
 2620         2. It is not a violation of s. 112.3143(2) or (4) for the
 2621  officers or members of the board of directors of the corporation
 2622  to:
 2623         a. Vote on the 4-year marketing plan required under s.
 2624  288.12261 s. 288.923 or vote on any individual component of or
 2625  amendment to the plan.
 2626         b. Participate in the establishment or calculation of
 2627  payments related to the private match requirements of subsection
 2628  (6). The officer or member must file an annual disclosure
 2629  describing the nature of his or her interests or the interests
 2630  of his or her principals, including corporate parents and
 2631  subsidiaries of his or her principal, in the private match
 2632  requirements. This annual disclosure requirement satisfies the
 2633  disclosure requirement of s. 112.3143(4). This disclosure must
 2634  be placed on the corporation’s website or included in the
 2635  minutes of each meeting of the corporation’s board of directors
 2636  at which the private match requirements are discussed or voted
 2637  upon.
 2638         (d) The corporation is subject to the provisions of chapter
 2639  119, relating to public meetings, and those provisions of
 2640  chapter 286 relating to public meetings and records.
 2641         (3) USE OF PROPERTY.—The department Enterprise Florida,
 2642  Inc.:
 2643         (a) Is authorized to permit the use of property and
 2644  facilities of the department Enterprise Florida, Inc., by the
 2645  corporation, subject to the provisions of this section.
 2646         (b) Shall prescribe conditions with which the corporation
 2647  must comply in order to use property and facilities of the
 2648  department Enterprise Florida, Inc. Such conditions shall
 2649  provide for budget and audit review and for oversight by the
 2650  department Enterprise Florida, Inc.
 2651         (c) May not permit the use of property and facilities of
 2652  the department Enterprise Florida, Inc., if the corporation does
 2653  not provide equal employment opportunities to all persons,
 2654  regardless of race, color, national origin, sex, age, or
 2655  religion.
 2656         (4) BOARD OF DIRECTORS.—The board of directors of the
 2657  corporation shall be composed of 31 tourism-industry-related
 2658  members, appointed by Enterprise Florida, Inc., in conjunction
 2659  with the department. Board members shall serve without
 2660  compensation, but are entitled to receive reimbursement for per
 2661  diem and travel expenses pursuant to s. 112.061. Such expenses
 2662  must be paid out of funds of the corporation. The board shall be
 2663  composed of all of the following members:
 2664         (a) Sixteen members, appointed in such a manner as to
 2665  equitably represent all geographic areas of this state, with no
 2666  fewer than two members from any of the following regions:
 2667         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
 2668  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
 2669  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
 2670         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
 2671  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
 2672  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
 2673  Taylor, and Union Counties.
 2674         3. Region 3, composed of Brevard, Indian River, Lake,
 2675  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
 2676  Volusia Counties.
 2677         4. Region 4, composed of Citrus, Hernando, Hillsborough,
 2678  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
 2679         5. Region 5, composed of Charlotte, Collier, DeSoto,
 2680  Glades, Hardee, Hendry, Highlands, and Lee Counties.
 2681         6. Region 6, composed of Broward, Martin, Miami-Dade,
 2682  Monroe, and Palm Beach Counties.
 2683         (b) The following industry and organization
 2684  representatives: 1 representative from the statewide rental car
 2685  industry; 7 representatives from tourist-related statewide
 2686  associations, including those that represent hotels,
 2687  campgrounds, county destination marketing organizations,
 2688  museums, restaurants, retail, and attractions; 3 representatives
 2689  from county destination marketing organizations; 1
 2690  representative from the cruise industry; 1 representative from
 2691  an automobile and travel services membership organization that
 2692  has at least 2.8 million members in Florida; 1 representative
 2693  from the airline industry; 1 representative from the nature
 2694  based tourism industry; and 1 representative from the space
 2695  tourism industry, who will each serve for a term of 2 years.
 2696         (5) POWERS AND DUTIES.—The corporation, in the performance
 2697  of its duties:
 2698         (a) May make and enter into contracts and assume such other
 2699  functions as are necessary to carry out the provisions of the 4
 2700  year marketing plan required by s. 288.12261 s. 288.923, and the
 2701  corporation’s contract with the department Enterprise Florida,
 2702  Inc., which are not inconsistent with this or any other
 2703  provision of law. A proposed contract with a total cost of
 2704  $750,000 or more is subject to the notice and review procedures
 2705  of s. 216.177. If the chair and vice chair of the Legislative
 2706  Budget Commission, or the President of the Senate and the
 2707  Speaker of the House of Representatives, timely advise the
 2708  corporation in writing that such proposed contract is contrary
 2709  to legislative policy and intent, the corporation may not
 2710  execute such proposed contract. The corporation may not enter
 2711  into multiple related contracts to avoid the requirements of
 2712  this paragraph.
 2713         (c) May establish a cooperative marketing program with
 2714  other public and private entities which allows the use of the
 2715  VISIT Florida logo in tourism promotion campaigns which meet the
 2716  standards of the department Enterprise Florida, Inc., for which
 2717  the corporation may charge a reasonable fee.
 2718         (g) Shall hire and establish salaries and personnel and
 2719  employee benefit programs for such permanent and temporary
 2720  employees as are necessary to carry out the provisions of the 4
 2721  year marketing plan and the corporation’s contract with the
 2722  department Enterprise Florida, Inc., which are not inconsistent
 2723  with this or any other provision of law. However, an employee
 2724  may not receive public compensation for employment that exceeds
 2725  the salary and benefits authorized to be paid to the Governor.
 2726  Any public payments of performance bonuses or severance pay to
 2727  employees of the corporation are prohibited unless specifically
 2728  authorized by law.
 2729         (h) May adopt, change, amend, and repeal bylaws, not
 2730  inconsistent with law or its articles of incorporation, for the
 2731  administration of the provisions of the 4-year marketing plan
 2732  and the corporation’s contract with the department Enterprise
 2733  Florida, Inc.
 2734         (i) May conduct its affairs, carry on its operations, and
 2735  have offices and exercise the powers granted by this act in any
 2736  state, territory, district, or possession of the United States
 2737  or any foreign country. Where feasible, appropriate, and
 2738  recommended by the 4-year marketing plan developed by the
 2739  Division of Tourism Promotion of Enterprise Florida, Inc., the
 2740  corporation may collocate the programs of foreign tourism
 2741  offices in cooperation with any foreign office operated by any
 2742  agency of this state.
 2743         (k) May request or accept any grant, payment, or gift, of
 2744  funds or property made by this state or by the United States or
 2745  any department or agency thereof or by any individual, firm,
 2746  corporation, municipality, county, or organization for any or
 2747  all of the purposes of the 4-year marketing plan and the
 2748  corporation’s contract with the department Enterprise Florida,
 2749  Inc., that are not inconsistent with this or any other provision
 2750  of law. Such funds shall be deposited in a bank account
 2751  established by the corporation’s board of directors. The
 2752  corporation may expend such funds in accordance with the terms
 2753  and conditions of any such grant, payment, or gift, in the
 2754  pursuit of its administration or in support of the programs it
 2755  administers. The corporation shall separately account for the
 2756  public funds and the private funds deposited into the
 2757  corporation’s bank account.
 2758         (7) ANNUAL AUDIT.—The corporation shall provide for an
 2759  annual financial audit in accordance with s. 215.981. The annual
 2760  audit report shall be submitted to the Auditor General; the
 2761  Office of Program Policy Analysis and Government Accountability;
 2762  Enterprise Florida, Inc.; and the department for review. The
 2763  Office of Program Policy Analysis and Government Accountability;
 2764  Enterprise Florida, Inc.; the department; and the Auditor
 2765  General have the authority to require and receive from the
 2766  corporation or from its independent auditor any detail or
 2767  supplemental data relative to the operation of the corporation.
 2768  The department shall annually certify whether the corporation is
 2769  operating in a manner and achieving the objectives that are
 2770  consistent with the policies and goals of the department
 2771  Enterprise Florida, Inc., and its long-range marketing plan. The
 2772  identity of a donor or prospective donor to the corporation who
 2773  desires to remain anonymous and all information identifying such
 2774  donor or prospective donor are confidential and exempt from the
 2775  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 2776  Constitution. Such anonymity shall be maintained in the
 2777  auditor’s report.
 2778         (8) REPORT.—The corporation shall provide to the department
 2779  a quarterly report that to Enterprise Florida, Inc., which
 2780  shall:
 2781         (a) Measures Measure the current vitality of the visitor
 2782  industry of this state as compared to the vitality of such
 2783  industry for the year to date and for comparable quarters of
 2784  past years. Indicators of vitality shall be determined by the
 2785  department Enterprise Florida, Inc., and shall include, but not
 2786  be limited to, estimated visitor count and party size, length of
 2787  stay, average expenditure per party, and visitor origin and
 2788  destination.
 2789         (b) Provides Provide detailed, unaudited financial
 2790  statements of sources and uses of public and private funds.
 2791         (c) Measures Measure progress toward towards annual goals
 2792  and objectives set forth in the 4-year marketing plan.
 2793         (d) Reviews Review all pertinent research findings.
 2794         (e) Provides Provide other measures of accountability as
 2795  requested by the department Enterprise Florida, Inc.
 2796  
 2797  The corporation must take all steps necessary to provide all
 2798  data that is used to develop the report, including source data,
 2799  to the Office of Economic and Demographic Research.
 2800         Section 60. Section 288.12265, Florida Statutes, is amended
 2801  to read:
 2802         288.12265 Welcome centers.—
 2803         (1) Responsibility for the welcome centers is assigned to
 2804  Enterprise Florida, Inc., which shall contract with the Florida
 2805  Tourism Industry Marketing Corporation to employ all welcome
 2806  center staff.
 2807         (2) The Florida Tourism Industry Marketing Corporation
 2808  Enterprise Florida, Inc., shall administer and operate the
 2809  welcome centers and,. pursuant to a contract with the Department
 2810  of Transportation, Enterprise Florida, Inc., shall be
 2811  responsible for routine repair, replacement, or improvement and
 2812  the day-to-day management of interior areas occupied by the
 2813  welcome centers. All other repairs, replacements, or
 2814  improvements to the welcome centers shall be the responsibility
 2815  of the Department of Transportation. Enterprise Florida, Inc.,
 2816  may contract with the Florida Tourism Industry Marketing
 2817  Corporation for the management and operation of the welcome
 2818  centers.
 2819         Section 61. Notwithstanding the repeal of section 288.1229,
 2820  Florida Statutes, in s. 485, chapter 2011-142, Laws of Florida,
 2821  that section is revived, readopted, and amended to read:
 2822         288.1229 Promotion and development of sports-related
 2823  industries and amateur athletics; direct-support organization
 2824  established; powers and duties.—
 2825         (1) The department shall establish a direct-support
 2826  organization known as the Florida Sports Foundation. The
 2827  foundation shall The Office of Tourism, Trade, and Economic
 2828  Development may authorize a direct-support organization to
 2829  assist the department office in:
 2830         (a) The promotion and development of the sports industry
 2831  and related industries for the purpose of improving the economic
 2832  presence of these industries in Florida.
 2833         (b) The promotion of amateur athletic participation for the
 2834  citizens of Florida and the promotion of Florida as a host for
 2835  national and international amateur athletic competitions for the
 2836  purpose of encouraging and increasing the direct and ancillary
 2837  economic benefits of amateur athletic events and competitions.
 2838         (c) The retention of professional sports franchises,
 2839  including the spring training operations of Major League
 2840  Baseball.
 2841         (2) The Florida Sports Foundation To be authorized as a
 2842  direct-support organization, an organization must:
 2843         (a) Be incorporated as a corporation not for profit
 2844  pursuant to chapter 617.
 2845         (b) Be governed by a board of directors, which must consist
 2846  of up to 15 members appointed by the Governor and up to 15
 2847  members appointed by the existing board of directors. In making
 2848  appointments, the governor board must consider a potential
 2849  member’s background in community service and sports activism in,
 2850  and financial support of, the sports industry, professional
 2851  sports, or organized amateur athletics. Members must be
 2852  residents of the state and highly knowledgeable about or active
 2853  in professional or organized amateur sports.
 2854         a. The board must contain representatives of all
 2855  geographical regions of the state and must represent ethnic and
 2856  gender diversity.
 2857         b. The terms of office of the members shall be 4 years. No
 2858  member may serve more than two consecutive terms. The Governor
 2859  may remove any member for cause and shall fill all vacancies
 2860  that occur.
 2861         (c) Have as its purpose, as stated in its articles of
 2862  incorporation, to receive, hold, invest, and administer
 2863  property; to raise funds and receive gifts; and to promote and
 2864  develop the sports industry and related industries for the
 2865  purpose of increasing the economic presence of these industries
 2866  in Florida.
 2867         (d) Have a prior determination by the department Office of
 2868  Tourism, Trade, and Economic Development that the foundation
 2869  organization will benefit the department office and act in the
 2870  best interests of the state as a direct-support organization to
 2871  the department office.
 2872         (3) The Florida Sports Foundation shall operate under
 2873  contract with the department. The contract must provide Office
 2874  of Tourism, Trade, and Economic Development shall contract with
 2875  the organization and shall include in the contract that:
 2876         (a) The department office may review the foundation’s
 2877  organization’s articles of incorporation.
 2878         (b) The foundation organization shall submit an annual
 2879  budget proposal to the department office, on a form provided by
 2880  the department office, in accordance with department office
 2881  procedures for filing budget proposals based upon the
 2882  recommendation of the department office.
 2883         (c) Any funds that the foundation organization holds in
 2884  trust will revert to the state upon the expiration or
 2885  cancellation of the contract.
 2886         (d) The foundation organization is subject to an annual
 2887  financial and performance review by the department office to
 2888  determine whether the foundation organization is complying with
 2889  the terms of the contract and whether it is acting in a manner
 2890  consistent with the goals of the department office and in the
 2891  best interests of the state.
 2892         (e) The fiscal year of the foundation begins organization
 2893  will begin July 1 of each year and ends end June 30 of the next
 2894  ensuing year.
 2895         (4) The department Office of Tourism, Trade, and Economic
 2896  Development may allow the foundation organization to use the
 2897  property, facilities, personnel, and services of the department
 2898  office if the foundation organization provides equal employment
 2899  opportunities to all persons regardless of race, color,
 2900  religion, sex, age, or national origin, subject to the approval
 2901  of the executive director of the department office.
 2902         (5) The foundation organization shall provide for an annual
 2903  financial audit in accordance with s. 215.981.
 2904         (6) The foundation organization is not granted any taxing
 2905  power.
 2906         (7) In exercising the power provided in this section, the
 2907  Office of Tourism, Trade, and Economic Development may authorize
 2908  and contract with the direct-support organization existing on
 2909  June 30, 1996, and authorized by the former Florida Department
 2910  of Commerce to promote sports-related industries. An appointed
 2911  member of the board of directors of such direct-support
 2912  organization as of June 30, 1996, may serve the remainder of his
 2913  or her unexpired term.
 2914         (8) To promote amateur sports and physical fitness, the
 2915  foundation direct-support organization shall:
 2916         (a) Develop, foster, and coordinate services and programs
 2917  for amateur sports for the people of Florida.
 2918         (b) Sponsor amateur sports workshops, clinics, conferences,
 2919  and other similar activities.
 2920         (c) Give recognition to outstanding developments and
 2921  achievements in, and contributions to, amateur sports.
 2922         (d) Encourage, support, and assist local governments and
 2923  communities in the development of or hosting of local amateur
 2924  athletic events and competitions.
 2925         (e) Promote Florida as a host for national and
 2926  international amateur athletic competitions.
 2927         (f) Develop a statewide programs program of amateur
 2928  athletic competition to be known as the “Florida Senior Games”
 2929  and the “Sunshine State Games.”
 2930         (g) Continue the successful amateur sports programs
 2931  previously conducted by the Florida Governor’s Council on
 2932  Physical Fitness and Amateur Sports created under former s.
 2933  14.22.
 2934         (h) Encourage and continue the use of volunteers in its
 2935  amateur sports programs to the maximum extent possible.
 2936         (i) Develop, foster, and coordinate services and programs
 2937  designed to encourage the participation of Florida’s youth in
 2938  Olympic sports activities and competitions.
 2939         (j) Foster and coordinate services and programs designed to
 2940  contribute to the physical fitness of the citizens of Florida.
 2941         (8)(9)(a) The Sunshine State Games and Florida Senior Games
 2942  shall both be patterned after the Summer Olympics with
 2943  variations as necessitated by availability of facilities,
 2944  equipment, and expertise. The games shall be designed to
 2945  encourage the participation of athletes representing a broad
 2946  range of age groups, skill levels, and Florida communities.
 2947  Participants shall be residents of this state. Regional
 2948  competitions shall be held throughout the state, and the top
 2949  qualifiers in each sport shall proceed to the final competitions
 2950  to be held at a site in the state with the necessary facilities
 2951  and equipment for conducting the competitions.
 2952         (b) The department Executive Office of the Governor is
 2953  authorized to permit the use of property, facilities, and
 2954  personal services of or at any State University System facility
 2955  or institution by the direct-support organization operating the
 2956  Sunshine State Games and Florida Senior Games. For the purposes
 2957  of this paragraph, personal services includes full-time or part
 2958  time personnel as well as payroll processing.
 2959         Section 62. Section 288.125, Florida Statutes, is amended
 2960  to read:
 2961         288.125 Definition of “entertainment industry.”—For the
 2962  purposes of s. 288.1258 ss. 288.1251-288.1258, the term
 2963  “entertainment industry” means those persons or entities engaged
 2964  in the operation of motion picture or television studios or
 2965  recording studios; those persons or entities engaged in the
 2966  preproduction, production, or postproduction of motion pictures,
 2967  made-for-television movies, television programming, digital
 2968  media projects, commercial advertising, music videos, or sound
 2969  recordings; and those persons or entities providing products or
 2970  services directly related to the preproduction, production, or
 2971  postproduction of motion pictures, made-for-television movies,
 2972  television programming, digital media projects, commercial
 2973  advertising, music videos, or sound recordings, including, but
 2974  not limited to, the broadcast industry.
 2975         Section 63. Section 288.1251, Florida Statutes, is
 2976  repealed.
 2977         Section 64. Section 288.1252, Florida Statutes, is
 2978  repealed.
 2979         Section 65. Section 288.1253, Florida Statutes, is
 2980  repealed.
 2981         Section 66. Section 288.1254, Florida Statutes, is
 2982  repealed.
 2983         Section 67. Section 288.1258, Florida Statutes, is amended
 2984  to read:
 2985         288.1258 Entertainment industry qualified production
 2986  companies; application procedure; categories; duties of the
 2987  Department of Revenue; records and reports.—
 2988         (1) PRODUCTION COMPANIES AUTHORIZED TO APPLY.—
 2989         (a) Any production company engaged in this state in the
 2990  production of motion pictures, made-for-TV motion pictures,
 2991  television series, commercial advertising, music videos, or
 2992  sound recordings may submit an application to the Department of
 2993  Revenue to be approved by the department Office of Film and
 2994  Entertainment as a qualified production company for the purpose
 2995  of receiving a sales and use tax certificate of exemption from
 2996  the Department of Revenue.
 2997         (b) For the purposes of this section, “qualified production
 2998  company” means any production company that has submitted a
 2999  properly completed application to the Department of Revenue and
 3000  that is subsequently qualified by the department Office of Film
 3001  and Entertainment.
 3002         (2) APPLICATION PROCEDURE.—
 3003         (a) The Department of Revenue will review all submitted
 3004  applications for the required information. Within 10 working
 3005  days after the receipt of a properly completed application, the
 3006  Department of Revenue will forward the completed application to
 3007  the department Office of Film and Entertainment for approval.
 3008         (b)1. The department Office of Film and Entertainment shall
 3009  establish a process by which an entertainment industry
 3010  production company may be approved by the department office as a
 3011  qualified production company and may receive a certificate of
 3012  exemption from the Department of Revenue for the sales and use
 3013  tax exemptions under ss. 212.031, 212.06, and 212.08.
 3014         2. Upon determination by the department Office of Film and
 3015  Entertainment that a production company meets the established
 3016  approval criteria and qualifies for exemption, the department
 3017  Office of Film and Entertainment shall return the approved
 3018  application or application renewal or extension to the
 3019  Department of Revenue, which shall issue a certificate of
 3020  exemption.
 3021         3. The department Office of Film and Entertainment shall
 3022  deny an application or application for renewal or extension from
 3023  a production company if it determines that the production
 3024  company does not meet the established approval criteria.
 3025         (c) The department Office of Film and Entertainment shall
 3026  develop, with the cooperation of the Department of Revenue and
 3027  local government entertainment industry promotion agencies, a
 3028  standardized application form for use in approving qualified
 3029  production companies.
 3030         1. The application form shall include, but not be limited
 3031  to, production-related information on employment, proposed
 3032  budgets, planned purchases of items exempted from sales and use
 3033  taxes under ss. 212.031, 212.06, and 212.08, a signed
 3034  affirmation from the applicant that any items purchased for
 3035  which the applicant is seeking a tax exemption are intended for
 3036  use exclusively as an integral part of entertainment industry
 3037  preproduction, production, or postproduction activities engaged
 3038  in primarily in this state, and a signed affirmation from the
 3039  department Office of Film and Entertainment that the information
 3040  on the application form has been verified and is correct. In
 3041  lieu of information on projected employment, proposed budgets,
 3042  or planned purchases of exempted items, a production company
 3043  seeking a 1-year certificate of exemption may submit summary
 3044  historical data on employment, production budgets, and purchases
 3045  of exempted items related to production activities in this
 3046  state. Any information gathered from production companies for
 3047  the purposes of this section shall be considered confidential
 3048  taxpayer information and shall be disclosed only as provided in
 3049  s. 213.053.
 3050         2. The application form may be distributed to applicants by
 3051  the department Office of Film and Entertainment or local film
 3052  commissions.
 3053         (d) All applications, renewals, and extensions for
 3054  designation as a qualified production company shall be processed
 3055  by the department Office of Film and Entertainment.
 3056         (e) In the event that the Department of Revenue determines
 3057  that a production company no longer qualifies for a certificate
 3058  of exemption, or has used a certificate of exemption for
 3059  purposes other than those authorized by this section and chapter
 3060  212, the Department of Revenue shall revoke the certificate of
 3061  exemption of that production company, and any sales or use taxes
 3062  exempted on items purchased or leased by the production company
 3063  during the time such company did not qualify for a certificate
 3064  of exemption or improperly used a certificate of exemption shall
 3065  become immediately due to the Department of Revenue, along with
 3066  interest and penalty as provided by s. 212.12. In addition to
 3067  the other penalties imposed by law, any person who knowingly and
 3068  willfully falsifies an application, or uses a certificate of
 3069  exemption for purposes other than those authorized by this
 3070  section and chapter 212, commits a felony of the third degree,
 3071  punishable as provided in ss. 775.082, 775.083, and 775.084.
 3072         (3) CATEGORIES.—
 3073         (a)1. A production company may be qualified for designation
 3074  as a qualified production company for a period of 1 year if the
 3075  company has operated a business in Florida at a permanent
 3076  address for a period of 12 consecutive months. Such a qualified
 3077  production company shall receive a single 1-year certificate of
 3078  exemption from the Department of Revenue for the sales and use
 3079  tax exemptions under ss. 212.031, 212.06, and 212.08, which
 3080  certificate shall expire 1 year after issuance or upon the
 3081  cessation of business operations in the state, at which time the
 3082  certificate shall be surrendered to the Department of Revenue.
 3083         2. The department Office of Film and Entertainment shall
 3084  develop a method by which a qualified production company may
 3085  annually renew a 1-year certificate of exemption for a period of
 3086  up to 5 years without requiring the production company to
 3087  resubmit a new application during that 5-year period.
 3088         3. Any qualified production company may submit a new
 3089  application for a 1-year certificate of exemption upon the
 3090  expiration of that company’s certificate of exemption.
 3091         (b)1. A production company may be qualified for designation
 3092  as a qualified production company for a period of 90 days. Such
 3093  production company shall receive a single 90-day certificate of
 3094  exemption from the Department of Revenue for the sales and use
 3095  tax exemptions under ss. 212.031, 212.06, and 212.08, which
 3096  certificate shall expire 90 days after issuance, with extensions
 3097  contingent upon approval of the department Office of Film and
 3098  Entertainment. The certificate shall be surrendered to the
 3099  Department of Revenue upon its expiration.
 3100         2. Any production company may submit a new application for
 3101  a 90-day certificate of exemption upon the expiration of that
 3102  company’s certificate of exemption.
 3103         (4) DUTIES OF THE DEPARTMENT OF REVENUE.—
 3104         (a) The Department of Revenue shall review the initial
 3105  application and notify the applicant of any omissions and
 3106  request additional information if needed. An application shall
 3107  be complete upon receipt of all requested information. The
 3108  Department of Revenue shall forward all complete applications to
 3109  the department Office of Film and Entertainment within 10
 3110  working days.
 3111         (b) The Department of Revenue shall issue a numbered
 3112  certificate of exemption to a qualified production company
 3113  within 5 working days of the receipt of an approved application,
 3114  application renewal, or application extension from the
 3115  department Office of Film and Entertainment.
 3116         (c) The Department of Revenue may promulgate such rules and
 3117  shall prescribe and publish such forms as may be necessary to
 3118  effectuate the purposes of this section or any of the sales tax
 3119  exemptions which are reasonably related to the provisions of
 3120  this section.
 3121         (d) The Department of Revenue is authorized to establish
 3122  audit procedures in accordance with the provisions of ss.
 3123  212.12, 212.13, and 213.34 which relate to the sales tax
 3124  exemption provisions of this section.
 3125         (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
 3126  INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The department
 3127  Office of Film and Entertainment shall keep annual records from
 3128  the information provided on taxpayer applications for tax
 3129  exemption certificates. These records also must reflect a ratio
 3130  of the annual amount of sales and use tax exemptions under this
 3131  section, plus the incentives awarded pursuant to s. 288.1254 to
 3132  the estimated amount of funds expended by certified productions.
 3133  In addition, the department office shall maintain data showing
 3134  annual growth in Florida-based entertainment industry companies
 3135  and entertainment industry employment and wages. The employment
 3136  information must include an estimate of the full-time equivalent
 3137  positions created by each production that received tax credits
 3138  pursuant to s. 288.1254. The department Office of Film and
 3139  Entertainment shall annually report include this information in
 3140  the annual report required under s. 20.60 for the entertainment
 3141  industry financial incentive program required under s.
 3142  288.1254(10).
 3143         Section 68. Section 288.7015, Florida Statutes, is amended
 3144  to read:
 3145         288.7015 Appointment of rules ombudsman; duties.—The
 3146  Governor shall appoint a rules ombudsman, as defined in s.
 3147  288.703, in the Executive Office of the Governor, for
 3148  considering the impact of agency rules on the state’s citizens
 3149  and businesses. In carrying out duties as provided by law, the
 3150  ombudsman shall consult with Enterprise Florida, Inc., at which
 3151  point the department may recommend to improve the regulatory
 3152  environment of this state. The duties of the rules ombudsman are
 3153  to:
 3154         (1) Carry out the responsibility provided in s.
 3155  120.54(3)(b), with respect to small businesses.
 3156         (2) Review state agency rules that adversely or
 3157  disproportionately impact businesses, particularly those
 3158  relating to small and minority businesses.
 3159         (3) Make recommendations on any existing or proposed rules
 3160  to alleviate unnecessary or disproportionate adverse effects to
 3161  businesses.
 3162         (4) Each state agency shall cooperate fully with the rules
 3163  ombudsman in identifying such rules. Further, each agency shall
 3164  take the necessary steps to waive, modify, or otherwise minimize
 3165  such adverse effects of any such rules. However, nothing in this
 3166  section authorizes any state agency to waive, modify, provide
 3167  exceptions to, or otherwise alter any rule that is:
 3168         (a) Expressly required to implement or enforce any
 3169  statutory provision or the express legislative intent thereof;
 3170         (b) Designed to protect persons against discrimination on
 3171  the basis of race, color, national origin, religion, sex, age,
 3172  handicap, or marital status; or
 3173         (c) Likely to prevent a significant risk or danger to the
 3174  public health, the public safety, or the environment of the
 3175  state.
 3176         (5) The modification or waiver of any such rule pursuant to
 3177  this section must be accomplished in accordance with the
 3178  provisions of chapter 120.
 3179         Section 69. Subsection (11) of section 288.706, Florida
 3180  Statutes, is amended to read:
 3181         288.706 Florida Minority Business Loan Mobilization
 3182  Program.—
 3183         (11) The Department of Management Services shall
 3184  collaborate with Enterprise Florida, Inc., and the department to
 3185  assist in the development and enhancement of black business
 3186  enterprises.
 3187         Section 70. Subsection (1) of section 288.773, Florida
 3188  Statutes, is amended to read:
 3189         288.773 Florida Export Finance Corporation.—The Florida
 3190  Export Finance Corporation is hereby created as a corporation
 3191  not for profit, to be incorporated under the provisions of
 3192  chapter 617 and approved by the Department of State. The
 3193  corporation is organized on a nonstock basis. The purpose of the
 3194  corporation is to expand employment and income opportunities for
 3195  residents of this state through increased exports of goods and
 3196  services, by providing businesses domiciled in this state
 3197  information and technical assistance on export opportunities,
 3198  exporting techniques, and financial assistance through
 3199  guarantees and direct loan originations for sale in support of
 3200  export transactions. The corporation shall have the power and
 3201  authority to carry out the following functions:
 3202         (1) To coordinate the efforts of the corporation with
 3203  programs and goals of the United States Export-Import Bank, the
 3204  International Trade Administration of the United States
 3205  Department of Commerce, the Foreign Credit Insurance
 3206  Association, the department Enterprise Florida, Inc., and other
 3207  private and public programs and organizations, domestic and
 3208  foreign, designed to provide export assistance and export
 3209  related financing.
 3210         Section 71. Paragraph (a) of subsection (1) and paragraphs
 3211  (a), (c), and (g) of subsection (3) of section 288.776, Florida
 3212  Statutes, are amended to read:
 3213         288.776 Board of directors; powers and duties.—
 3214         (1)(a) The corporation shall have a board of directors
 3215  consisting of 15 members representing all geographic areas of
 3216  the state. Minority and gender representation must be considered
 3217  when making appointments to the board. The board membership must
 3218  include:
 3219         1. A representative of the following businesses, all of
 3220  which must be registered to do business in this state: a foreign
 3221  bank, a state bank, a federal bank, an insurance company
 3222  involved in covering trade financing risks, and a small or
 3223  medium-sized exporter.
 3224         2. The following persons or their designee: the Secretary
 3225  of Commerce the President of Enterprise Florida, Inc., the Chief
 3226  Financial Officer, the Secretary of State, and a senior official
 3227  of the United States Department of Commerce.
 3228         (3) The board shall:
 3229         (a) Prior to the expenditure of funds from the export
 3230  finance account, adopt bylaws and policies which are necessary
 3231  to carry out the responsibilities under this part, particularly
 3232  with respect to the implementation of the corporation’s programs
 3233  to insure, coinsure, lend, provide loan guarantees, and make
 3234  direct, guaranteed, or collateralized loans by the corporation
 3235  to support export transactions. The corporation’s bylaws and
 3236  policies shall be reviewed and approved by the department
 3237  Enterprise Florida, Inc., prior to final adoption by the board.
 3238         (c) Issue an annual report to the department Enterprise
 3239  Florida, Inc., on the activities of the corporation, including
 3240  an evaluation of activities and recommendations for change. The
 3241  evaluation shall include the corporation’s impact on the
 3242  following:
 3243         1. Participation of private banks and other private
 3244  organizations and individuals in the corporation’s export
 3245  financing programs.
 3246         2. Access of small and medium-sized businesses in this
 3247  state to federal export financing programs.
 3248         3. Export volume of the small and medium-sized businesses
 3249  in this state accessing the corporation’s programs.
 3250         4. Other economic and social benefits to international
 3251  programs in this state.
 3252         (g) Consult with the department Enterprise Florida, Inc.,
 3253  or any state or federal agency, to ensure that the respective
 3254  loan guarantee or working capital loan origination programs are
 3255  not duplicative and that each program makes full use of, to the
 3256  extent practicable, the resources of the other.
 3257         Section 72. Section 288.7771, Florida Statutes, is amended
 3258  to read:
 3259         288.7771 Annual report of Florida Export Finance
 3260  Corporation.—The corporation shall annually prepare and submit
 3261  to the department Enterprise Florida, Inc., for inclusion in its
 3262  annual report required under s. 20.60 s. 288.906, a complete and
 3263  detailed report setting forth:
 3264         (1) The report required in s. 288.776(3).
 3265         (2) Its assets and liabilities at the end of its most
 3266  recent fiscal year.
 3267         Section 73. Subsections (4) and (6) of section 288.816,
 3268  Florida Statutes, are amended to read:
 3269         288.816 Intergovernmental relations.—
 3270         (4) The state protocol officer shall serve as a contact for
 3271  the state with the Florida Washington Office, the Florida
 3272  Congressional Delegation, and United States Government agencies
 3273  with respect to laws or policies which may affect the interests
 3274  of the state in the area of international relations. All
 3275  inquiries received regarding international economic trade
 3276  development or reverse investment opportunities shall be
 3277  referred to the department Enterprise Florida, Inc. In addition,
 3278  the state protocol officer shall serve as liaison with other
 3279  states with respect to international programs of interest to
 3280  Florida. The state protocol officer shall also investigate and
 3281  make suggestions regarding possible areas of joint action or
 3282  regional cooperation with these states.
 3283         (6) The department and Enterprise Florida, Inc., shall help
 3284  to contribute an international perspective to the state’s
 3285  development efforts.
 3286         Section 74. Section 288.826, Florida Statutes, is amended
 3287  to read:
 3288         288.826 Florida International Trade and Promotion Trust
 3289  Fund.—There is hereby established in the State Treasury the
 3290  Florida International Trade and Promotion Trust Fund. The moneys
 3291  deposited into this trust fund shall be administered by the
 3292  department for the operation of the direct-support organization
 3293  created pursuant to s. 288.012 Enterprise Florida, Inc., and for
 3294  the operation of Florida international offices under s. 288.012.
 3295         Section 75. Section 288.901, Florida Statutes, is repealed.
 3296         Section 76. Section 288.9015, Florida Statutes, is
 3297  repealed.
 3298         Section 77. Section 288.903, Florida Statutes, is repealed.
 3299         Section 78. Section 288.904, Florida Statutes, is repealed.
 3300         Section 79. Section 288.905, Florida Statutes, is repealed.
 3301         Section 80. Section 288.906, Florida Statutes, is repealed.
 3302         Section 81. Section 288.907, Florida Statutes, is
 3303  renumbered as section 288.0065, Florida Statutes, and amended to
 3304  read:
 3305         288.0065 288.907 Annual incentives report.—By December 30
 3306  of each year, Enterprise Florida, Inc., in conjunction with the
 3307  department, shall provide the Governor, the President of the
 3308  Senate, and the Speaker of the House of Representatives a
 3309  detailed incentives report quantifying the economic benefits for
 3310  all of the economic development incentive programs administered
 3311  by the department and its public-private partnerships marketed
 3312  by Enterprise Florida, Inc. The annual incentives report must
 3313  include:
 3314         (1) For each incentive program:
 3315         (a) A brief description of the incentive program.
 3316         (b) The amount of awards granted, by year, since inception
 3317  and the annual amount actually transferred from the state
 3318  treasury to businesses or for the benefit of businesses for each
 3319  of the previous 3 years.
 3320         (c)The actual amount of private capital invested, actual
 3321  number of jobs created, and actual wages paid for incentive
 3322  agreements completed during the previous 3 years for each target
 3323  industry sector.
 3324         (2) For projects completed during the previous state fiscal
 3325  year:
 3326         (a) The number of economic development incentive
 3327  applications received.
 3328         (b) The number of recommendations made to the department by
 3329  Enterprise Florida, Inc., including the number recommended for
 3330  approval and the number recommended for denial.
 3331         (c) The number of final decisions issued by the department
 3332  for approval and for denial.
 3333         (c)(d) The projects for which a tax refund, tax credit, or
 3334  cash grant agreement was executed, identifying for each project:
 3335         1. The number of jobs committed to be created.
 3336         2. The amount of capital investments committed to be made.
 3337         3. The annual average wage committed to be paid.
 3338         4. The amount of state economic development incentives
 3339  committed to the project from each incentive program under the
 3340  project’s terms of agreement with the Department of Commerce
 3341  Economic Opportunity.
 3342         5. The amount and type of local matching funds committed to
 3343  the project.
 3344         (d)(e) Tax refunds paid or other payments made funded out
 3345  of the Economic Development Incentives Account for each project.
 3346         (e)(f) The types of projects supported.
 3347         (3) For economic development projects that received tax
 3348  refunds, tax credits, or cash grants under the terms of an
 3349  agreement for incentives:
 3350         (a) The number of jobs actually created.
 3351         (b) The amount of capital investments actually made.
 3352         (c) The annual average wage paid.
 3353         (4) For a project receiving economic development incentives
 3354  approved by the department and receiving federal or local
 3355  incentives, a description of the federal or local incentives, if
 3356  available.
 3357         (5) The number of withdrawn or terminated projects that did
 3358  not fulfill the terms of their agreements with the department
 3359  and, consequently, are not receiving incentives.
 3360         (6) For any agreements signed after July 1, 2010, findings
 3361  and recommendations on the efforts of the department to
 3362  ascertain the causes of any business’s inability to complete its
 3363  agreement made under s. 288.106.
 3364         (7) The amount of tax refunds, tax credits, or other
 3365  payments made to projects locating or expanding in state
 3366  enterprise zones, rural communities, brownfield areas, or
 3367  distressed urban communities. The report must include a separate
 3368  analysis of the impact of such tax refunds on state enterprise
 3369  zones designated under s. 290.0065, rural communities,
 3370  brownfield areas, and distressed urban communities.
 3371         (8)The name of and tax refund amount for each business
 3372  that has received a tax refund under s. 288.1045 or s. 288.106
 3373  during the preceding fiscal year.
 3374         (7)(9) An identification of the target industry businesses
 3375  and high-impact businesses.
 3376         (8)(10) A description of the trends relating to business
 3377  interest in, and usage of, the various incentives, and the
 3378  number of minority-owned or woman-owned businesses receiving
 3379  incentives.
 3380         (9)(11) An identification of incentive programs not used
 3381  and recommendations for program changes or program elimination.
 3382         (10)(12) Information related to the validation of
 3383  contractor performance required under s. 288.061.
 3384         (13)Beginning in 2014, A summation of the activities
 3385  related to the Florida Space Business Incentives Act.
 3386         Section 82. Section 288.911, Florida Statutes, is repealed.
 3387         Section 83. Section 288.912, Florida Statutes, is
 3388  renumbered as section 288.007, Florida Statutes, and amended to
 3389  read:
 3390         288.007 288.912 Inventory of communities seeking to recruit
 3391  businesses.—By September 30 of each year, a county or
 3392  municipality that has a population of at least 25,000 or its
 3393  local economic development organization must submit to the
 3394  department Enterprise Florida, Inc., a brief overview of the
 3395  strengths, services, and economic development incentives that
 3396  its community offers. The local government or its local economic
 3397  development organization also must identify any industries that
 3398  it is encouraging to locate or relocate to its area. A county or
 3399  municipality having a population of 25,000 or fewer or its local
 3400  economic development organization seeking to recruit businesses
 3401  may submit information as required in this section and may
 3402  participate in any activity or initiative resulting from the
 3403  collection, analysis, and reporting of the information to the
 3404  department Enterprise Florida, Inc., pursuant to this section.
 3405         Section 84. Section 288.92, Florida Statutes, is repealed.
 3406         Section 85. Section 288.923, Florida Statutes, is
 3407  renumbered as section 288.12261, Florida Statutes, and is
 3408  amended to read:
 3409         288.12261288.923Division of Tourism Marketing;
 3410  definitions; responsibilities.—
 3411         (1) There is created within Enterprise Florida, Inc., the
 3412  Division of Tourism Marketing.
 3413         (2) As used in this section, the term:
 3414         (a) “Tourism marketing” means any effort exercised to
 3415  attract domestic and international visitors from outside the
 3416  state to destinations in this state and to stimulate Florida
 3417  resident tourism to areas within the state.
 3418         (b) “Tourist” means any person who participates in trade or
 3419  recreation activities outside the county of his or her permanent
 3420  residence or who rents or leases transient living quarters or
 3421  accommodations as described in s. 125.0104(3)(a).
 3422         (c) “County destination marketing organization” means a
 3423  public or private agency that is funded by local option tourist
 3424  development tax revenues under s. 125.0104, or local option
 3425  convention development tax revenues under s. 212.0305, and is
 3426  officially designated by a county commission to market and
 3427  promote the area for tourism or convention business or, in any
 3428  county that has not levied such taxes, a public or private
 3429  agency that is officially designated by the county commission to
 3430  market and promote the area for tourism or convention business.
 3431         (d) “Direct-support organization” means the Florida Tourism
 3432  Industry Marketing Corporation, doing business as VISIT Florida.
 3433         (2)(3)The department Enterprise Florida, Inc., shall
 3434  contract with the Florida Tourism Industry Marketing
 3435  Corporation, a direct-support organization established in s.
 3436  288.1226, to execute tourism promotion and marketing services,
 3437  functions, and programs for the state, including, but not
 3438  limited to, the activities prescribed by the 4-year marketing
 3439  plan. The division shall assist to maintain and implement the
 3440  contract.
 3441         (3)(4) The corporation’s division’s responsibilities and
 3442  duties include, but are not limited to:
 3443         (a) Maintaining and implementing the contract with the
 3444  Florida Tourism Industry Marketing Corporation.
 3445         (b)Advising the department and Enterprise Florida, Inc.,
 3446  on development of domestic and international tourism marketing
 3447  campaigns featuring Florida.
 3448         (b)(c) Developing a 4-year marketing plan.
 3449         1. At a minimum, the marketing plan shall discuss the
 3450  following:
 3451         a. Continuation of overall tourism growth in this state.
 3452         b. Expansion to new or under-represented tourist markets.
 3453         c. Maintenance of traditional and loyal tourist markets.
 3454         d. Coordination of efforts with county destination
 3455  marketing organizations, other local government marketing
 3456  groups, privately owned attractions and destinations, and other
 3457  private sector partners to create a seamless, four-season
 3458  advertising campaign for the state and its regions.
 3459         e. Development of innovative techniques or promotions to
 3460  build repeat visitation by targeted segments of the tourist
 3461  population.
 3462         f. Consideration of innovative sources of state funding for
 3463  tourism marketing.
 3464         g. Promotion of nature-based tourism, including, but not
 3465  limited to, promotion of the Florida Greenways and Trails System
 3466  as described under s. 260.014, the Florida Shared-Use
 3467  Nonmotorized Trail Network as described under s. 339.81, and
 3468  heritage tourism.
 3469         h. Coordination of efforts with the Office of Greenways and
 3470  Trails of the Department of Environmental Protection and the
 3471  department to promote and assist local communities, including,
 3472  but not limited to, communities designated as trail towns by the
 3473  Office of Greenways and Trails, to maximize use of nearby trails
 3474  as economic assets, including specific promotion of trail-based
 3475  tourism.
 3476         i. Promotion of and heritage tourism.
 3477         j.h. Development of a component to address emergency
 3478  response to natural and manmade disasters from a marketing
 3479  standpoint.
 3480         2. The plan shall be annual in construction and ongoing in
 3481  nature. Any annual revisions of the plan shall carry forward the
 3482  concepts of the remaining 3-year portion of the plan and
 3483  consider a continuum portion to preserve the 4-year timeframe of
 3484  the plan. The plan also shall include recommendations for
 3485  specific performance standards and measurable outcomes for the
 3486  corporation division and direct-support organization. The
 3487  department, in consultation with the board of directors of
 3488  Enterprise Florida, Inc., shall base the actual performance
 3489  metrics on these recommendations.
 3490         3. The 4-year marketing plan shall be developed in
 3491  collaboration with the Florida Tourism Industry Marketing
 3492  Corporation. The plan shall be annually reviewed and approved by
 3493  the department board of directors of Enterprise Florida, Inc.
 3494         (c)(d) Drafting and submitting to the department for
 3495  submittal to the Governor, the President of the Senate, and the
 3496  Speaker of the House of Representatives by December 1 of each
 3497  year an annual report required by s. 288.92. The annual report
 3498  shall set forth for the division and the direct-support
 3499  organization:
 3500         1. Operations and accomplishments during the fiscal year,
 3501  including the economic benefit of the state’s investment and
 3502  effectiveness of the marketing plan.
 3503         2. The 4-year marketing plan, including recommendations on
 3504  methods for implementing and funding the plan.
 3505         3. The assets and liabilities of the direct-support
 3506  organization at the end of its most recent fiscal year.
 3507         4. A copy of the annual financial and compliance audit
 3508  conducted under s. 288.1226(7).
 3509         (5)Notwithstanding s. 288.92, The division shall be
 3510  staffed by the Florida Tourism Industry Marketing Corporation.
 3511  Such staff shall not be considered to be employees of the
 3512  division and shall remain employees of the Florida Tourism
 3513  Industry Marketing Corporation. Section 288.905 does not apply
 3514  to the Florida Tourism Industry Marketing Corporation.
 3515         (4)(6) This section is repealed October 1, 2028, unless
 3516  reviewed and saved from repeal by the Legislature.
 3517         Section 86. Section 288.95155, Florida Statutes, is
 3518  repealed.
 3519         Section 87. Section 288.9519, Florida Statutes, is
 3520  repealed.
 3521         Section 88. Section 288.9520, Florida Statutes, is
 3522  renumbered as section 288.002, Florida Statutes, and amended to
 3523  read:
 3524         288.002 288.9520 Public records exemption for certain
 3525  materials held by the former Enterprise Florida, Inc.—Materials
 3526  that relate to methods of manufacture or production, potential
 3527  trade secrets, potentially patentable material, actual trade
 3528  secrets, business transactions, financial and proprietary
 3529  information, and agreements or proposals to receive funding that
 3530  are received, generated, ascertained, or discovered by the
 3531  former Enterprise Florida, Inc., including its affiliates or
 3532  subsidiaries and partnership participants, such as private
 3533  enterprises, educational institutions, and other organizations,
 3534  are confidential and exempt from the provisions of s. 119.07(1)
 3535  and s. 24(a), Art. I of the State Constitution, except that a
 3536  recipient of the former Enterprise Florida, Inc., research funds
 3537  shall make available, upon request, the title and description of
 3538  the research project, the name of the researcher, and the amount
 3539  and source of funding provided for the project. Effective July
 3540  1, 2023, the Department of Commerce is the custodian of any
 3541  public records made confidential and exempt under this section.
 3542         Section 89. Effective July 1, 2024, section 288.955,
 3543  Florida Statutes, is repealed.
 3544         Section 90. Subsection (10) of section 288.9603, Florida
 3545  Statutes, is amended to read:
 3546         288.9603 Definitions.—
 3547         (10) “Partnership” means the department Enterprise Florida,
 3548  Inc.
 3549         Section 91. Subsection (5) of section 288.9604, Florida
 3550  Statutes, is amended to read:
 3551         288.9604 Creation of the corporation.—
 3552         (5) This section is repealed July 1, 2023, and July 1 of
 3553  every fourth year thereafter, unless reviewed and saved from
 3554  repeal by the Legislature.
 3555         Section 92. Paragraph (v) of subsection (2) of section
 3556  288.9605, Florida Statutes, is amended to read:
 3557         288.9605 Corporation powers.—
 3558         (2) The corporation is authorized and empowered to:
 3559         (v) Enter into investment agreements with the department
 3560  Enterprise Florida, Inc., concerning the issuance of bonds and
 3561  other forms of indebtedness and capital.
 3562         Section 93. Section 288.9614, Florida Statutes, is amended
 3563  to read:
 3564         288.9614 Authorized programs.—The department Enterprise
 3565  Florida, Inc., may take any action that it deems necessary to
 3566  achieve the purposes of this act in partnership with private
 3567  enterprises, public agencies, and other organizations,
 3568  including, but not limited to, efforts to address the long-term
 3569  debt needs of small-sized and medium-sized firms, to address the
 3570  needs of microenterprises, to expand availability of venture
 3571  capital, and to increase international trade and export finance
 3572  opportunities for firms critical to achieving the purposes of
 3573  this act.
 3574         Section 94. Paragraphs (a) and (b) of subsection (1) of
 3575  section 288.9624, Florida Statutes, are amended to read:
 3576         288.9624 Florida Opportunity Fund; creation; duties.—
 3577         (1)(a) Enterprise Florida, Inc., shall facilitate the
 3578  creation of The Florida Opportunity Fund is, a private, not-for
 3579  profit corporation organized and operated under chapter 617.
 3580  Enterprise Florida, Inc., shall be the fund’s sole shareholder
 3581  or member. The fund is not a public corporation or
 3582  instrumentality of the state. The fund shall manage its business
 3583  affairs and conduct business consistent with its organizational
 3584  documents and the purposes set forth in this section and under
 3585  contract with the department. Notwithstanding the powers granted
 3586  under chapter 617, the corporation may not amend, modify, or
 3587  repeal a bylaw or article of incorporation without the express
 3588  written consent of the department Enterprise Florida, Inc.
 3589         (b) The board of directors of the Florida Opportunity Fund
 3590  shall have five members, appointed by the Governor vote of the
 3591  board of directors of Enterprise Florida, Inc. Board members
 3592  shall serve terms as provided in the fund’s organizational
 3593  documents. Within 90 days before an anticipated vacancy by
 3594  expiration of the term of a board member, the board of directors
 3595  of the fund shall submit a list of three eligible nominees,
 3596  which may include the incumbent, to the Governor. The Governor
 3597  board of directors of Enterprise Florida, Inc. The board of
 3598  directors of Enterprise Florida, Inc., may appoint a board
 3599  member from the nominee list or may request and appoint from a
 3600  new list of three nominees not included on the previous list.
 3601         Section 95. Subsection (2) and paragraph (a) of subsection
 3602  (9) of section 288.9625, Florida Statutes, are amended to read:
 3603         288.9625 Institute for Commercialization of Florida
 3604  Technology.—
 3605         (2) The purpose of the institute is to assist, without any
 3606  financial support or specific appropriations from the state, in
 3607  the commercialization of products developed by the research and
 3608  development activities of an innovation business, including, but
 3609  not limited to, those defined in former s. 288.1089. The
 3610  institute shall fulfill its purpose in the best interests of the
 3611  state. The institute:
 3612         (a) Is a corporation primarily acting as an instrumentality
 3613  of the state pursuant to s. 768.28(2), for the purposes of
 3614  sovereign immunity;
 3615         (b) Is not an agency within the meaning of s. 20.03(11);
 3616         (c) Is subject to the open records and meetings
 3617  requirements of s. 24, Art. I of the State Constitution, chapter
 3618  119, and s. 286.011;
 3619         (d) Is not subject to chapter 287;
 3620         (e) Is governed by the code of ethics for public officers
 3621  and employees as set forth in part III of chapter 112;
 3622         (f) May create corporate subsidiaries; and
 3623         (g) May not receive any financial support or specific
 3624  appropriations from the state.
 3625         (9) By December 1 of each year, the institute shall issue
 3626  an annual report concerning its activities to the Governor, the
 3627  President of the Senate, and the Speaker of the House of
 3628  Representatives. The annual report shall be considered a public
 3629  record, as provided in paragraph (3)(b), subject to any
 3630  appropriate exemptions under s. 288.9627. The annual report must
 3631  include the following:
 3632         (a) Information on any assistance provided by the institute
 3633  to an innovation business, as defined in former s. 288.1089.
 3634         Section 96. Subsection (4) of section 288.96255, Florida
 3635  Statutes, is amended to read:
 3636         288.96255 Florida Technology Seed Capital Fund; creation;
 3637  duties.—
 3638         (4) The private fund manager shall use a thorough and
 3639  detailed process that is modeled after investment industry
 3640  practices to evaluate a proposal. In order to approve a company
 3641  for investment, the private fund manager, on behalf of the
 3642  institute, must consider if:
 3643         (a) The company has a strong intellectual property
 3644  position, a capable management team, readily identifiable paths
 3645  to market or commercialization, significant job-growth
 3646  potential, the ability to provide other sources of capital to
 3647  leverage the state’s investment, and the potential to attract
 3648  additional funding;
 3649         (b) The private fund manager has had an opportunity to
 3650  complete due diligence to its satisfaction;
 3651         (c) The company is a target industry business as defined in
 3652  s. 288.005 s. 288.106(2); and
 3653         (d) An approved private-sector lead investor who has
 3654  demonstrated due diligence typical of start-up investments in
 3655  evaluating the potential of the company has identified the
 3656  company.
 3657         Section 97. Paragraph (b) of subsection (1) of section
 3658  288.980, Florida Statutes, is amended to read:
 3659         288.980 Military base retention; legislative intent; grants
 3660  program.—
 3661         (1)
 3662         (b) The Florida Defense Alliance, an organization within
 3663  the department Enterprise Florida, Inc., is designated as the
 3664  organization to ensure that Florida, its resident military bases
 3665  and missions, and its military host communities are in
 3666  competitive positions as the United States continues its defense
 3667  realignment and downsizing. The defense alliance shall serve as
 3668  an overall advisory body for defense-related activity of the
 3669  department Enterprise Florida, Inc. The Florida Defense Alliance
 3670  may receive funding from appropriations made for that purpose
 3671  administered by the department.
 3672         Section 98. Subsection (7) of section 288.987, Florida
 3673  Statutes, is amended to read:
 3674         288.987 Florida Defense Support Task Force.—
 3675         (7) The department shall support the task force and
 3676  contract with the task force for expenditure of appropriated
 3677  funds, which may be used by the task force for economic and
 3678  product research and development, joint planning with host
 3679  communities to accommodate military missions and prevent base
 3680  encroachment, advocacy on the state’s behalf with federal
 3681  civilian and military officials, assistance to school districts
 3682  in providing a smooth transition for large numbers of additional
 3683  military-related students, job training and placement for
 3684  military spouses in communities with high proportions of active
 3685  duty military personnel, and promotion of the state to military
 3686  and related contractors and employers. The task force may
 3687  annually spend up to $250,000 of funds appropriated to the
 3688  department for the task force for staffing and administrative
 3689  expenses of the task force, including travel and per diem costs
 3690  incurred by task force members who are not otherwise eligible
 3691  for state reimbursement.
 3692         Section 99. Section 288.991, Florida Statutes, is repealed.
 3693         Section 100. Section 288.9912, Florida Statutes, is
 3694  repealed.
 3695         Section 101. Section 288.9913, Florida Statutes, is
 3696  repealed.
 3697         Section 102. Section 288.9914, Florida Statutes, is
 3698  repealed.
 3699         Section 103. Section 288.9915, Florida Statutes, is
 3700  repealed.
 3701         Section 104. Section 288.9916, Florida Statutes, is
 3702  repealed.
 3703         Section 105. Section 288.9917, Florida Statutes, is
 3704  repealed.
 3705         Section 106. Section 288.9918, Florida Statutes, is
 3706  repealed.
 3707         Section 107. Section 288.9919, Florida Statutes, is
 3708  repealed.
 3709         Section 108. Section 288.9920, Florida Statutes, is
 3710  repealed.
 3711         Section 109. Section 288.9921, Florida Statutes, is
 3712  repealed.
 3713         Section 110. Section 288.9922, Florida Statutes, is
 3714  repealed.
 3715         Section 111. Subsection (2) of section 288.9932, Florida
 3716  Statutes, is amended to read:
 3717         288.9932 Definitions.—As used in this part, the term:
 3718         (2) “Domiciled in this state” means authorized to do
 3719  business in this state and located in this state.
 3720         Section 112. Section 288.9934, Florida Statutes, is
 3721  repealed.
 3722         Section 113. Subsections (3) through (9) of section
 3723  288.9935, Florida Statutes, are amended to read:
 3724         288.9935 Microfinance Guarantee Program.—
 3725         (3) The department must enter into a contract with
 3726  Enterprise Florida, Inc., to administer the Microfinance
 3727  Guarantee Program. In administering the program, Enterprise
 3728  Florida, Inc., must, at a minimum:
 3729         (a) Establish lender and borrower eligibility requirements
 3730  in addition to those provided in this section;
 3731         (b) Determine a reasonable leverage ratio of loan amounts
 3732  guaranteed to state funds; however, the leverage ratio may not
 3733  exceed 3 to 1;
 3734         (c) Establish reasonable fees and interest;
 3735         (d) Promote the program to financial institutions that
 3736  provide loans to entrepreneurs and small businesses in order to
 3737  maximize the number of lenders throughout the state which
 3738  participate in the program;
 3739         (e) Enter into a memorandum of understanding with the
 3740  network to promote the program to underserved entrepreneurs and
 3741  small businesses;
 3742         (f) Establish limits on the total amount of loan guarantees
 3743  a single lender can receive;
 3744         (g) Establish an average loan guarantee amount for loans
 3745  guaranteed under this section;
 3746         (h) Establish a risk-sharing strategy to be employed in the
 3747  event of a loan failure; and
 3748         (i) Establish financial performance measures and objectives
 3749  for the program in order to maximize the state funds.
 3750         (4) The department Enterprise Florida, Inc., is limited to
 3751  providing loan guarantees for loans with total loan amounts of
 3752  at least $50,000 and not more than $250,000. A loan guarantee
 3753  may not exceed 50 percent of the total loan amount.
 3754         (5) The department Enterprise Florida, Inc., may not
 3755  guarantee a loan if the direct or indirect purpose or result of
 3756  the loan would be to:
 3757         (a) Pay off any creditors of the applicant, including the
 3758  refund of a debt owed to a small business investment company
 3759  organized pursuant to 15 U.S.C. s. 681;
 3760         (b) Provide funds, directly or indirectly, for payment,
 3761  distribution, or as a loan to owners, partners, or shareholders
 3762  of the applicant’s business, except as ordinary compensation for
 3763  services rendered;
 3764         (c) Finance the acquisition, construction, improvement, or
 3765  operation of real property which is, or will be, held primarily
 3766  for sale or investment;
 3767         (d) Pay for lobbying activities; or
 3768         (e) Replenish funds used for any of the purposes specified
 3769  in paragraphs (a)-(d).
 3770         (6) The department Enterprise Florida, Inc., may not use
 3771  funds appropriated from the state for costs associated with
 3772  administering the guarantee program.
 3773         (7) To be eligible to receive a loan guarantee under the
 3774  Microfinance Guarantee Program, a borrower must, at a minimum:
 3775         (a) Be an entrepreneur or small business located in this
 3776  state;
 3777         (b) Employ 25 or fewer people;
 3778         (c) Generate average annual gross revenues of $1.5 million
 3779  or less per year for the last 2 years; and
 3780         (d) Meet any additional requirements established by the
 3781  department Enterprise Florida, Inc.
 3782         (8) The department must, By October 1 of each year,
 3783  Enterprise Florida, Inc., shall submit a complete and detailed
 3784  annual report to the department for inclusion in the
 3785  department’s report required under s. 20.60(10), include an
 3786  annual report on the program. The report must, at a minimum,
 3787  provide:
 3788         (a) A comprehensive description of the program, including
 3789  an evaluation of its application and guarantee activities,
 3790  recommendations for change, and identification of any other
 3791  state programs that overlap with the program;
 3792         (b) An assessment of the current availability of and access
 3793  to credit for entrepreneurs and small businesses in this state;
 3794         (c) A summary of the financial and employment results of
 3795  the entrepreneurs and small businesses receiving loan
 3796  guarantees, including the number of full-time equivalent jobs
 3797  created as a result of the guaranteed loans and the amount of
 3798  wages paid to employees in the newly created jobs;
 3799         (d) Industry data about the borrowers, including the six
 3800  digit North American Industry Classification System (NAICS)
 3801  code;
 3802         (e) The name and location of lenders that receive loan
 3803  guarantees;
 3804         (f) The amount of state funds received by Enterprise
 3805  Florida, Inc.;
 3806         (g) The number of loan guarantee applications received;
 3807         (g)(h) The number, duration, location, and amount of
 3808  guarantees made;
 3809         (h)(i) The number and amount of guaranteed loans
 3810  outstanding, if any;
 3811         (i)(j) The number and amount of guaranteed loans with
 3812  payments overdue, if any;
 3813         (j)(k) The number and amount of guaranteed loans in
 3814  default, if any;
 3815         (k)(l) The repayment history of the guaranteed loans made;
 3816  and
 3817         (l)(m) An evaluation of the program’s ability to meet the
 3818  financial performance measures and objectives specified in
 3819  subsection (3).
 3820         (9) The credit of the state or Enterprise Florida, Inc.,
 3821  may not be pledged except for funds appropriated by law to the
 3822  Microfinance Guarantee Program. The state is not liable or
 3823  obligated in any way for claims on the program or against
 3824  Enterprise Florida, Inc., or the department.
 3825         Section 114. Section 288.9936, Florida Statutes, is
 3826  repealed.
 3827         Section 115. Section 288.9937, Florida Statutes, is
 3828  repealed.
 3829         Section 116. Subsection (3) of section 288.9961, Florida
 3830  Statutes, is amended to read:
 3831         288.9961 Promotion of broadband adoption; Florida Office of
 3832  Broadband.—
 3833         (3) STATE AGENCY.—The department is designated as the lead
 3834  state agency to facilitate the expansion of broadband Internet
 3835  service in this state. The department shall work collaboratively
 3836  with private businesses and receive staffing support and other
 3837  resources from Enterprise Florida, Inc., state agencies, local
 3838  governments, and community organizations.
 3839         Section 117. Paragraph (h) of subsection (8) of section
 3840  290.0056, Florida Statutes, is amended to read:
 3841         290.0056 Enterprise zone development agency.—
 3842         (8) The enterprise zone development agency shall have the
 3843  following powers and responsibilities:
 3844         (h) To work with the department and Enterprise Florida,
 3845  Inc., to ensure that the enterprise zone coordinator receives
 3846  training on an annual basis.
 3847         Section 118. Paragraph (b) of subsection (4) and subsection
 3848  (7) of section 290.0065, Florida Statutes, are amended to read:
 3849         290.0065 State designation of enterprise zones.—
 3850         (4)
 3851         (b) In consultation with Enterprise Florida, Inc., The
 3852  department shall, based on the enterprise zone profile and the
 3853  grounds for redesignation expressed in the resolution, determine
 3854  whether the enterprise zone merits redesignation. The department
 3855  may also examine and consider the following:
 3856         1. Progress made, if any, in the enterprise zone’s
 3857  strategic plan.
 3858         2. Use of enterprise zone incentives during the life of the
 3859  enterprise zone.
 3860  
 3861  If the department determines that the enterprise zone merits
 3862  redesignation, the department shall notify the governing body in
 3863  writing of its approval of redesignation.
 3864         (7) Upon approval by the department of a resolution
 3865  authorizing an area to be an enterprise zone pursuant to this
 3866  section, the department shall assign a unique identifying number
 3867  to that resolution. The department shall provide the Department
 3868  of Revenue and Enterprise Florida, Inc., with a copy of each
 3869  resolution approved, together with its identifying number.
 3870         Section 119. Section 290.00677, Florida Statutes, is
 3871  amended to read:
 3872         290.00677 Rural enterprise zones; special qualifications.—
 3873         (1) Notwithstanding the enterprise zone residency
 3874  requirements set out in s. 212.096(1)(c), eligible businesses as
 3875  defined in s. 212.096(1)(a) located in rural enterprise zones as
 3876  defined in s. 290.004 may receive the basic minimum credit
 3877  provided under s. 212.096 for creating a new job and hiring a
 3878  person residing within the jurisdiction of a rural community as
 3879  defined in former s. 288.106(2). All other provisions of s.
 3880  212.096, including, but not limited to, those relating to the
 3881  award of enhanced credits, apply to such businesses.
 3882         (2) Notwithstanding the enterprise zone residency
 3883  requirements set out in s. 220.03(1)(q), businesses as defined
 3884  in s. 220.03(1)(c) located in rural enterprise zones as defined
 3885  in s. 290.004 may receive the basic minimum credit provided
 3886  under s. 220.181 for creating a new job and hiring a person
 3887  residing within the jurisdiction of a rural community as defined
 3888  in former s. 288.106(2). All other provisions of s. 220.181,
 3889  including, but not limited to, those relating to the award of
 3890  enhanced credits, apply to such businesses.
 3891         Section 120. Subsections (3) and (4) of section 290.053,
 3892  Florida Statutes, are amended to read:
 3893         290.053 Response to economic emergencies in small
 3894  communities.—
 3895         (3) A local government entity shall notify the Governor
 3896  and, the Department of Commerce Economic Opportunity, and
 3897  Enterprise Florida, Inc., when one or more of the conditions
 3898  specified in subsection (2) have occurred or will occur if
 3899  action is not taken to assist the local governmental entity or
 3900  the affected community.
 3901         (4) Upon notification that one or more of the conditions
 3902  described in subsection (2) exist, the Governor or his or her
 3903  designee shall contact the local governmental entity to
 3904  determine what actions have been taken by the local governmental
 3905  entity or the affected community to resolve the economic
 3906  emergency. The Governor may waive the eligibility criteria of
 3907  any program or activity administered by the Department of
 3908  Commerce Economic Opportunity or Enterprise Florida, Inc., to
 3909  provide economic relief to the affected community by granting
 3910  participation in such programs or activities. The Governor shall
 3911  consult with the President of the Senate and the Speaker of the
 3912  House of Representatives and shall take other action, as
 3913  necessary, to resolve the economic emergency in the most
 3914  expedient manner possible. All actions taken pursuant to this
 3915  section shall be within current appropriations and shall have no
 3916  annualized impact beyond normal growth.
 3917         Section 121. Paragraph (d) of subsection (3) and subsection
 3918  (4) of section 295.22, Florida Statutes, are amended to read:
 3919         295.22 Veterans Employment and Training Services Program.—
 3920         (3) ADMINISTRATION.—Florida Is For Veterans, Inc., shall
 3921  administer the Veterans Employment and Training Services Program
 3922  and perform all of the following functions:
 3923         (d) Create a grant program to provide funding to assist
 3924  veterans in meeting the workforce-skill needs of businesses
 3925  seeking to hire, promote, or generally improve specialized
 3926  skills of veterans, establish criteria for approval of requests
 3927  for funding, and maximize the use of funding for this program.
 3928  Grant funds may be used only in the absence of available
 3929  veteran-specific federally funded programs. Grants may fund
 3930  specialized training specific to a particular business.
 3931         1. If grant funds are used to provide a technical
 3932  certificate, a licensure, or a degree, funds may be allocated
 3933  only upon a review that includes, but is not limited to,
 3934  documentation of accreditation and licensure. Instruction funded
 3935  through the program terminates when participants demonstrate
 3936  competence at the level specified in the request but may not
 3937  exceed 12 months. Preference shall be given to target industry
 3938  businesses, as defined in s. 288.005 s. 288.106, and to
 3939  businesses in the defense supply, cloud virtualization, or
 3940  commercial aviation manufacturing industries.
 3941         2. Costs and expenditures shall be limited to $8,000 per
 3942  veteran trainee. Qualified businesses must cover the entire cost
 3943  for all of the training provided before receiving reimbursement
 3944  from the corporation equal to 50 percent of the cost to train a
 3945  veteran who is a permanent, full-time employee. Eligible costs
 3946  and expenditures include:
 3947         a. Tuition and fees.
 3948         b. Books and classroom materials.
 3949         c. Rental fees for facilities.
 3950         3. Before funds are allocated for a request pursuant to
 3951  this section, the corporation shall prepare a grant agreement
 3952  between the business requesting funds and the corporation. Such
 3953  agreement must include, but need not be limited to:
 3954         a. Identification of the personnel necessary to conduct the
 3955  instructional program, instructional program description, and
 3956  any vendors used to conduct the instructional program.
 3957         b. Identification of the estimated duration of the
 3958  instructional program.
 3959         c. Identification of all direct, training-related costs.
 3960         d. Identification of special program requirements that are
 3961  not otherwise addressed in the agreement.
 3962         e. Permission to access aggregate information specific to
 3963  the wages and performance of participants upon the completion of
 3964  instruction for evaluation purposes. The agreement must specify
 3965  that any evaluation published subsequent to the instruction may
 3966  not identify the employer or any individual participant.
 3967         4. A business may receive a grant under the Quick-Response
 3968  Training Program created under s. 288.047 and a grant under this
 3969  section for the same veteran trainee. If a business receives
 3970  funds under both programs, one grant agreement may be entered
 3971  into with CareerSource Florida, Inc., as the grant
 3972  administrator.
 3973         (4)DUTIES OF ENTERPRISE FLORIDA, INC.—Enterprise Florida,
 3974  Inc., shall provide information about the corporation and its
 3975  services to prospective, new, expanding, and relocating
 3976  businesses seeking to conduct business in this state. Enterprise
 3977  Florida, Inc., shall, to the greatest extent possible,
 3978  collaborate with the corporation to meet the employment needs,
 3979  including meeting the job-creation requirements, of any business
 3980  receiving assistance or services from Enterprise Florida, Inc.
 3981         Section 122. Paragraph (a) of subsection (6), paragraph (b)
 3982  of subsection (9), paragraph (a) of subsection (34), subsection
 3983  (57), and paragraph (b) of subsection (61) of section 320.08058,
 3984  Florida Statutes, are amended to read:
 3985         320.08058 Specialty license plates.—
 3986         (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
 3987  PLATES.—
 3988         (a) Because the United States Olympic Committee has
 3989  selected this state to participate in a combined fundraising
 3990  program that provides for one-half of all money raised through
 3991  volunteer giving to stay in this state and be administered by
 3992  the Florida Sports Foundation Enterprise Florida, Inc., to
 3993  support amateur sports, and because the United States Olympic
 3994  Committee and the Florida Sports Foundation Enterprise Florida,
 3995  Inc., are nonprofit organizations dedicated to providing
 3996  athletes with support and training and preparing athletes of all
 3997  ages and skill levels for sports competition, and because the
 3998  Florida Sports Foundation Enterprise Florida, Inc., assists in
 3999  the bidding for sports competitions that provide significant
 4000  impact to the economy of this state, and the Legislature
 4001  supports the efforts of the United States Olympic Committee and
 4002  the Florida Sports Foundation Enterprise Florida, Inc., the
 4003  Legislature establishes a Florida United States Olympic
 4004  Committee license plate for the purpose of providing a
 4005  continuous funding source to support this worthwhile effort.
 4006  Florida United States Olympic Committee license plates must
 4007  contain the official United States Olympic Committee logo and
 4008  must bear a design and colors that are approved by the
 4009  department. The word “Florida” must be centered at the top of
 4010  the plate.
 4011         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
 4012         (b) The license plate annual use fees are to be annually
 4013  distributed as follows:
 4014         1. Fifty-five percent of the proceeds from the Florida
 4015  Professional Sports Team plate must be deposited into the
 4016  Professional Sports Development Trust Fund within the Department
 4017  of Commerce Economic Opportunity. These funds must be used
 4018  solely to attract and support major sports events in this state.
 4019  As used in this subparagraph, the term “major sports events”
 4020  means, but is not limited to, championship or all-star contests
 4021  of Major League Baseball, the National Basketball Association,
 4022  the National Football League, the National Hockey League, Major
 4023  League Soccer, the men’s and women’s National Collegiate
 4024  Athletic Association Final Four basketball championship, or a
 4025  horseracing or dogracing Breeders’ Cup. All funds must be used
 4026  to support and promote major sporting events, and the uses must
 4027  be approved by the Department of Commerce Economic Opportunity.
 4028         2. The remaining proceeds of the Florida Professional
 4029  Sports Team license plate must be allocated to the Florida
 4030  Sports Foundation Enterprise Florida, Inc. These funds must be
 4031  deposited into the Professional Sports Development Trust Fund
 4032  within the Department of Commerce Economic Opportunity. These
 4033  funds must be used by the Florida Sports Foundation Enterprise
 4034  Florida, Inc., to promote the economic development of the sports
 4035  industry; to distribute licensing and royalty fees to
 4036  participating professional sports teams; to promote education
 4037  programs in Florida schools that provide an awareness of the
 4038  benefits of physical activity and nutrition standards; to
 4039  partner with the Department of Education and the Department of
 4040  Health to develop a program that recognizes schools whose
 4041  students demonstrate excellent physical fitness or fitness
 4042  improvement; to institute a grant program for communities
 4043  bidding on minor sporting events that create an economic impact
 4044  for the state; to distribute funds to Florida-based charities
 4045  designated by the Florida Sports Foundation Enterprise Florida,
 4046  Inc., and the participating professional sports teams; and to
 4047  fulfill the sports promotion responsibilities of the Department
 4048  of Commerce Economic Opportunity.
 4049         3. The Florida Sports Foundation Enterprise Florida, Inc.,
 4050  shall provide an annual financial audit in accordance with s.
 4051  215.981 of its financial accounts and records by an independent
 4052  certified public accountant pursuant to the contract established
 4053  by the Department of Commerce as specified in s. 288.1229(5)
 4054  Economic Opportunity. The auditor shall submit the audit report
 4055  to the Department of Commerce Economic Opportunity for review
 4056  and approval. If the audit report is approved, the Department of
 4057  Commerce Economic Opportunity shall certify the audit report to
 4058  the Auditor General for review.
 4059         4. Notwithstanding the provisions of subparagraphs 1. and
 4060  2., proceeds from the Professional Sports Development Trust Fund
 4061  may also be used for operational expenses of the Florida Sports
 4062  Foundation Enterprise Florida, Inc., and financial support of
 4063  the Sunshine State Games and Florida Senior Games.
 4064         (34) FLORIDA GOLF LICENSE PLATES.—
 4065         (a) The Department of Highway Safety and Motor Vehicles
 4066  shall develop a Florida Golf license plate as provided in this
 4067  section. The word “Florida” must appear at the bottom of the
 4068  plate. The Dade Amateur Golf Association, following consultation
 4069  with the Florida Sports Foundation, the PGA TOUR, Enterprise
 4070  Florida, Inc., the LPGA, and the PGA of America, may submit a
 4071  revised sample plate for consideration by the department.
 4072         (57) FLORIDA NASCAR LICENSE PLATES.—
 4073         (a) The department shall develop a Florida NASCAR license
 4074  plate as provided in this section. Florida NASCAR license plates
 4075  must bear the colors and design approved by the department. The
 4076  word “Florida” must appear at the top of the plate, and the term
 4077  “NASCAR” must appear at the bottom of the plate. The National
 4078  Association for Stock Car Auto Racing, following consultation
 4079  with the Florida Sports Foundation Enterprise Florida, Inc., may
 4080  submit a sample plate for consideration by the department.
 4081         (b) The license plate annual use fees shall be distributed
 4082  to the Florida Sports Foundation Enterprise Florida, Inc. The
 4083  license plate annual use fees shall be annually allocated as
 4084  follows:
 4085         1. Up to 5 percent of the proceeds from the annual use fees
 4086  may be used by the Florida Sports Foundation Enterprise Florida,
 4087  Inc., for the administration of the NASCAR license plate
 4088  program.
 4089         2. The National Association for Stock Car Auto Racing shall
 4090  receive up to $60,000 in proceeds from the annual use fees to be
 4091  used to pay startup costs, including costs incurred in
 4092  developing and issuing the plates. Thereafter, 10 percent of the
 4093  proceeds from the annual use fees shall be provided to the
 4094  association for the royalty rights for the use of its marks.
 4095         3. The remaining proceeds from the annual use fees shall be
 4096  distributed to the Florida Sports Foundation Enterprise Florida,
 4097  Inc. The Florida Sports Foundation Enterprise Florida, Inc.,
 4098  will retain 15 percent to support its regional grant program,
 4099  attracting sporting events to Florida; 20 percent to support the
 4100  marketing of motorsports-related tourism in the state; and 50
 4101  percent to be paid to the NASCAR Foundation, a s. 501(c)(3)
 4102  charitable organization, to support Florida-based charitable
 4103  organizations.
 4104         (c) The Florida Sports Foundation Enterprise Florida, Inc.,
 4105  shall provide an annual financial audit in accordance with s.
 4106  215.981 of its financial accounts and records by an independent
 4107  certified public accountant pursuant to the contract established
 4108  by the Department of Commerce as specified in s. 288.1229(5)
 4109  Economic Opportunity. The auditor shall submit the audit report
 4110  to the Department of Commerce Economic Opportunity for review
 4111  and approval. If the audit report is approved, the Department of
 4112  Commerce Economic Opportunity shall certify the audit report to
 4113  the Auditor General for review.
 4114         (61) FLORIDA TENNIS LICENSE PLATES.—
 4115         (b) The department shall distribute the annual use fees to
 4116  the Florida Sports Foundation Enterprise Florida, Inc. The
 4117  license plate annual use fees shall be annually allocated as
 4118  follows:
 4119         1. Up to 5 percent of the proceeds from the annual use fees
 4120  may be used by the Florida Sports Foundation Enterprise Florida,
 4121  Inc., to administer the license plate program.
 4122         2. The United States Tennis Association Florida Section
 4123  Foundation shall receive the first $60,000 in proceeds from the
 4124  annual use fees to reimburse it for startup costs,
 4125  administrative costs, and other costs it incurs in the
 4126  development and approval process.
 4127         3. Up to 5 percent of the proceeds from the annual use fees
 4128  may be used for promoting and marketing the license plates. The
 4129  remaining proceeds shall be available for grants by the United
 4130  States Tennis Association Florida Section Foundation to
 4131  nonprofit organizations to operate youth tennis programs and
 4132  adaptive tennis programs for special populations of all ages,
 4133  and for building, renovating, and maintaining public tennis
 4134  courts.
 4135         Section 123. Paragraph (a) of subsection (1) of section
 4136  339.2821, Florida Statutes, is amended to read:
 4137         339.2821 Economic development transportation projects.—
 4138         (1)(a) The department, in consultation with the Department
 4139  of Commerce Economic Opportunity and Enterprise Florida, Inc.,
 4140  may make and approve expenditures and contract with the
 4141  appropriate governmental body for the direct costs of
 4142  transportation projects. The Department of Commerce Economic
 4143  Opportunity and the Department of Environmental Protection may
 4144  formally review and comment on recommended transportation
 4145  projects, although the department has final approval authority
 4146  for any project authorized under this section.
 4147         Section 124. Paragraph (h) of subsection (2) of section
 4148  377.703, Florida Statutes, is amended to read:
 4149         377.703 Additional functions of the Department of
 4150  Agriculture and Consumer Services.—
 4151         (2) DUTIES.—The department shall perform the following
 4152  functions, unless as otherwise provided, consistent with the
 4153  development of a state energy policy:
 4154         (h) The department shall promote the development and use of
 4155  renewable energy resources, in conformance with chapter 187 and
 4156  s. 377.601, by:
 4157         1. Establishing goals and strategies for increasing the use
 4158  of renewable energy in this state.
 4159         2. Aiding and promoting the commercialization of renewable
 4160  energy resources, in cooperation with the Florida Energy Systems
 4161  Consortium, the Florida Solar Energy Center, Enterprise Florida,
 4162  Inc., and any other federal, state, or local governmental agency
 4163  that may seek to promote research, development, and the
 4164  demonstration of renewable energy equipment and technology.
 4165         3. Identifying barriers to greater use of renewable energy
 4166  resources in this state, and developing specific recommendations
 4167  for overcoming identified barriers, with findings and
 4168  recommendations to be submitted annually in the report to the
 4169  Governor and Legislature required under paragraph (f).
 4170         4. In cooperation with the Department of Environmental
 4171  Protection, the Department of Transportation, the Department of
 4172  Commerce Economic Opportunity, Enterprise Florida, Inc., the
 4173  Florida Energy Systems Consortium, the Florida Solar Energy
 4174  Center, and the Florida Solar Energy Industries Association,
 4175  investigating opportunities, pursuant to the national Energy
 4176  Policy Act of 1992, the Housing and Community Development Act of
 4177  1992, and any subsequent federal legislation, for renewable
 4178  energy resources, electric vehicles, and other renewable energy
 4179  manufacturing, distribution, installation, and financing efforts
 4180  that enhance this state’s position as the leader in renewable
 4181  energy research, development, and use.
 4182         5. Undertaking other initiatives to advance the development
 4183  and use of renewable energy resources in this state.
 4184  
 4185  In the exercise of its responsibilities under this paragraph,
 4186  the department shall seek the assistance of the renewable energy
 4187  industry in this state and other interested parties and may
 4188  enter into contracts, retain professional consulting services,
 4189  and expend funds appropriated by the Legislature for such
 4190  purposes.
 4191         Section 125. Subsection (5) of section 377.804, Florida
 4192  Statutes, is amended to read:
 4193         377.804 Renewable Energy and Energy-Efficient Technologies
 4194  Grants Program.—
 4195         (5) The department shall solicit the expertise of state
 4196  agencies, Enterprise Florida, Inc., and state universities, and
 4197  may solicit the expertise of other public and private entities
 4198  it deems appropriate, in evaluating project proposals. State
 4199  agencies shall cooperate with the department and provide such
 4200  assistance as requested.
 4201         Section 126. Paragraph (a) of subsection (4) of section
 4202  377.809, Florida Statutes, is amended to read:
 4203         377.809 Energy Economic Zone Pilot Program.—
 4204         (4)(a) Beginning July 1, 2012, all the incentives and
 4205  benefits provided for enterprise zones pursuant to state law
 4206  shall be available to the energy economic zones designated
 4207  pursuant to this section on or before July 1, 2010. In order to
 4208  provide incentives, by March 1, 2012, each local governing body
 4209  that has jurisdiction over an energy economic zone must, by
 4210  local ordinance, establish the boundary of the energy economic
 4211  zone, specify applicable energy-efficiency standards, and
 4212  determine eligibility criteria for the application of state and
 4213  local incentives and benefits in the energy economic zone.
 4214  However, in order to receive benefits provided under s. 288.106,
 4215  a business must be a qualified target industry business under s.
 4216  288.106 for state purposes. An energy economic zone’s boundary
 4217  may be revised by local ordinance. Such incentives and benefits
 4218  include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
 4219  288.106, and 624.5105 and the public utility discounts provided
 4220  in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
 4221  shall be for renewable energy as defined in s. 377.803. For
 4222  purposes of this section, any applicable requirements for
 4223  employee residency for higher refund or credit thresholds must
 4224  be based on employee residency in the energy economic zone or an
 4225  enterprise zone. A business in an energy economic zone may also
 4226  be eligible for funding under ss. 288.047 and 445.003, and a
 4227  transportation project in an energy economic zone shall be
 4228  provided priority in funding under s. 339.2821. Other projects
 4229  shall be given priority ranking to the extent practicable for
 4230  grants administered under state energy programs.
 4231         Section 127. Subsections (1) and (5) of section 380.0657,
 4232  Florida Statutes, are amended to read:
 4233         380.0657 Expedited permitting process for economic
 4234  development projects.—
 4235         (1) The Department of Environmental Protection and, as
 4236  appropriate, the water management districts created under
 4237  chapter 373 shall adopt programs to expedite the processing of
 4238  wetland resource and environmental resource permits for economic
 4239  development projects that have been identified by a municipality
 4240  or county as meeting the definition of target industry
 4241  businesses under s. 288.005 s. 288.106, or any intermodal
 4242  logistics center receiving or sending cargo to or from Florida
 4243  ports, with the exception of those projects requiring approval
 4244  by the Board of Trustees of the Internal Improvement Trust Fund.
 4245         (5) Notwithstanding the provisions of this section, permit
 4246  applications for projects to be located in a charter county that
 4247  has a population of 1.2 million or more and has entered into a
 4248  delegation agreement with the Department of Environmental
 4249  Protection or the applicable water management district to
 4250  process environmental resource permits, wetland resource
 4251  management permits, or surface water management permits pursuant
 4252  to chapter 373 are eligible for expedited permitting under this
 4253  section only upon designation by resolution of the charter
 4254  county’s governing board. Before the governing board decides
 4255  that a project is eligible for expedited permitting, it may
 4256  require the county’s economic development agency, or such other
 4257  agency that provides advice to the governing board on economic
 4258  matters, to review and recommend whether the project meets the
 4259  definition of a target industry business as defined in s.
 4260  288.005 s. 288.106 and to identify the tangible benefits and
 4261  impacts of the project. The governing board’s decision shall be
 4262  made without consideration of the project’s geographic location
 4263  within the charter county. If the governing board designates the
 4264  project as a target industry business, the permit application
 4265  for the project shall be approved or denied within the timeframe
 4266  provided in subsection (4).
 4267         Section 128. Subsection (5) of section 403.7032, Florida
 4268  Statutes, is amended to read:
 4269         403.7032 Recycling.—
 4270         (5) The Department of Environmental Protection shall create
 4271  the Recycling Business Assistance Center by December 1, 2010. In
 4272  carrying out its duties under this subsection, the department
 4273  shall consult with state agency personnel appointed to serve as
 4274  economic development liaisons under s. 288.021 and seek
 4275  technical assistance from Enterprise Florida, Inc., to ensure
 4276  the Recycling Business Assistance Center is positioned to
 4277  succeed. The purpose of the center shall be to serve as the
 4278  mechanism for coordination among state agencies and the private
 4279  sector in order to coordinate policy and overall strategic
 4280  planning for developing new markets and expanding and enhancing
 4281  existing markets for recyclable materials in this state, other
 4282  states, and foreign countries. The duties of the center must
 4283  include, at a minimum:
 4284         (a) Identifying and developing new markets and expanding
 4285  and enhancing existing markets for recyclable materials.
 4286         (b) Pursuing expanded end uses for recycled materials.
 4287         (c) Targeting materials for concentrated market development
 4288  efforts.
 4289         (d) Developing proposals for new incentives for market
 4290  development, particularly focusing on targeted materials.
 4291         (e) Providing guidance on issues such as permitting,
 4292  finance options for recycling market development, site location,
 4293  research and development, grant program criteria for recycled
 4294  materials markets, recycling markets education and information,
 4295  and minimum content.
 4296         (f) Coordinating the efforts of various governmental
 4297  entities having market development responsibilities in order to
 4298  optimize supply and demand for recyclable materials.
 4299         (g) Evaluating source-reduced products as they relate to
 4300  state procurement policy. The evaluation shall include, but is
 4301  not limited to, the environmental and economic impact of source
 4302  reduced product purchases to the state. For the purposes of this
 4303  paragraph, the term “source-reduced” means any method, process,
 4304  product, or technology that significantly or substantially
 4305  reduces the volume or weight of a product while providing, at a
 4306  minimum, equivalent or generally similar performance and service
 4307  to and for the users of such materials.
 4308         (h) Providing evaluation of solid waste management grants,
 4309  pursuant to s. 403.7095, to reduce the flow of solid waste to
 4310  disposal facilities and encourage the sustainable recovery of
 4311  materials from Florida’s waste stream.
 4312         (i) Providing below-market financing for companies that
 4313  manufacture products from recycled materials or convert
 4314  recyclable materials into raw materials for use in manufacturing
 4315  pursuant to the Florida Recycling Loan Program as administered
 4316  by the Florida First Capital Finance Corporation.
 4317         (j) Maintaining a continuously updated online directory
 4318  listing the public and private entities that collect, transport,
 4319  broker, process, or remanufacture recyclable materials in the
 4320  state.
 4321         (k) Providing information on the availability and benefits
 4322  of using recycled materials to private entities and industries
 4323  in the state.
 4324         (l) Distributing any materials prepared in implementing
 4325  this subsection to the public, private entities, industries,
 4326  governmental entities, or other organizations upon request.
 4327         (m) Coordinating with the Department of Commerce Economic
 4328  Opportunity and its partners to provide job placement and job
 4329  training services to job seekers through the state’s workforce
 4330  services programs.
 4331         Section 129. Effective July 1, 2024, paragraph (e) of
 4332  subsection (3) and paragraph (b) of subsection (14) of section
 4333  403.973, Florida Statutes, are amended to read:
 4334         403.973 Expedited permitting; amendments to comprehensive
 4335  plans.—
 4336         (3)
 4337         (e) Projects that are part of the state-of-the-art
 4338  biomedical research institution and campus to be established in
 4339  this state by the grantee under s. 288.955 are eligible for the
 4340  expedited permitting process, if the projects are designated as
 4341  part of the institution or campus by the board of county
 4342  commissioners of the county in which the institution and campus
 4343  are established.
 4344         (14)
 4345         (b) Projects identified in paragraphs (3)(e), (f), and (g)
 4346  (3)(f)-(h) or challenges to state agency action in the expedited
 4347  permitting process for establishment of a state-of-the-art
 4348  biomedical research institution and campus in this state by the
 4349  grantee under s. 288.955 are subject to the same requirements as
 4350  challenges brought under paragraph (a), except that,
 4351  notwithstanding s. 120.574, summary proceedings must be
 4352  conducted within 30 days after a party files the motion for
 4353  summary hearing, regardless of whether the parties agree to the
 4354  summary proceeding.
 4355         Section 130. Subsections (15) and (17) of section 403.973,
 4356  Florida Statutes, are amended to read:
 4357         403.973 Expedited permitting; amendments to comprehensive
 4358  plans.—
 4359         (15)The Department of Economic Opportunity, working with
 4360  the agencies providing cooperative assistance and input
 4361  regarding the memoranda of agreement, shall review sites
 4362  proposed for the location of facilities that the Department of
 4363  Economic Opportunity has certified to be eligible for the
 4364  Innovation Incentive Program under s. 288.1089. Within 20 days
 4365  after the request for the review by the Department of Economic
 4366  Opportunity, the agencies shall provide to the Department of
 4367  Economic Opportunity a statement as to each site’s necessary
 4368  permits under local, state, and federal law and an
 4369  identification of significant permitting issues, which if
 4370  unresolved, may result in the denial of an agency permit or
 4371  approval or any significant delay caused by the permitting
 4372  process.
 4373         (16)(17) The Department of Commerce Economic Opportunity
 4374  shall be responsible for certifying a business as eligible for
 4375  undergoing expedited review under this section. Enterprise
 4376  Florida, Inc., A county or municipal government, or the Rural
 4377  Economic Development Initiative may recommend to the Department
 4378  of Commerce Economic Opportunity that a project meeting the
 4379  minimum job creation threshold undergo expedited review.
 4380         Section 131. Paragraph (c) of subsection (1) of section
 4381  443.091, Florida Statutes, is amended to read:
 4382         443.091 Benefit eligibility conditions.—
 4383         (1) An unemployed individual is eligible to receive
 4384  benefits for any week only if the Department of Commerce
 4385  Economic Opportunity finds that:
 4386         (c) To make continued claims for benefits, she or he is
 4387  reporting to the department in accordance with this paragraph
 4388  and department rules. Department rules may not conflict with s.
 4389  443.111(1)(b), which requires that each claimant continue to
 4390  report regardless of any pending appeal relating to her or his
 4391  eligibility or disqualification for benefits.
 4392         1. For each week of unemployment claimed, each report must,
 4393  at a minimum, include the name and address of each prospective
 4394  employer contacted, or the date the claimant reported to a one
 4395  stop career center, pursuant to paragraph (d). For the purposes
 4396  of this subparagraph, the term “address” means a website
 4397  address, a physical address, or an e-mail address.
 4398         2. The department shall offer an online assessment aimed at
 4399  identifying an individual’s skills, abilities, and career
 4400  aptitude. The skills assessment must be voluntary, and the
 4401  department shall allow a claimant to choose whether to take the
 4402  skills assessment. The online assessment shall be made available
 4403  to any person seeking services from a local workforce
 4404  development board or a one-stop career center.
 4405         a. If the claimant chooses to take the online assessment,
 4406  the outcome of the assessment shall be made available to the
 4407  claimant, local workforce development board, and one-stop career
 4408  center. The department, local workforce development board, or
 4409  one-stop career center shall use the assessment to develop a
 4410  plan for referring individuals to training and employment
 4411  opportunities. Aggregate data on assessment outcomes may be made
 4412  available to CareerSource Florida, Inc., and Enterprise Florida,
 4413  Inc., for use in the development of policies related to
 4414  education and training programs that will ensure that businesses
 4415  in this state have access to a skilled and competent workforce.
 4416         b. Individuals shall be informed of and offered services
 4417  through the one-stop delivery system, including career
 4418  counseling, the provision of skill match and job market
 4419  information, and skills upgrade and other training
 4420  opportunities, and shall be encouraged to participate in such
 4421  services at no cost to the individuals. The department shall
 4422  coordinate with CareerSource Florida, Inc., the local workforce
 4423  development boards, and the one-stop career centers to identify,
 4424  develop, and use best practices for improving the skills of
 4425  individuals who choose to participate in skills upgrade and
 4426  other training opportunities. The department may contract with
 4427  an entity to create the online assessment in accordance with the
 4428  competitive bidding requirements in s. 287.057. The online
 4429  assessment must work seamlessly with the Reemployment Assistance
 4430  Claims and Benefits Information System.
 4431         Section 132. Paragraph (h) of subsection (1) of section
 4432  443.191, Florida Statutes, is amended to read:
 4433         443.191 Unemployment Compensation Trust Fund; establishment
 4434  and control.—
 4435         (1) There is established, as a separate trust fund apart
 4436  from all other public funds of this state, an Unemployment
 4437  Compensation Trust Fund, which shall be administered by the
 4438  Department of Commerce Economic Opportunity exclusively for the
 4439  purposes of this chapter. The fund must consist of:
 4440         (h) All money deposited in this account as a distribution
 4441  pursuant to s. 212.20(6)(d)6.e. s. 212.20(6)(d)6.g.
 4442  
 4443  Except as otherwise provided in s. 443.1313(4), all moneys in
 4444  the fund must be mingled and undivided.
 4445         Section 133. Paragraph (d) of subsection (3), paragraph (b)
 4446  of subsection (5), and paragraph (a) of subsection (6) of
 4447  section 445.004, Florida Statues, are amended to read:
 4448         445.004 CareerSource Florida, Inc., and the state board;
 4449  creation; purpose; membership; duties and powers.—
 4450         (3)
 4451         (d) The state board must include the Secretary of Commerce
 4452  Economic Opportunity or his or her designee, the vice
 4453  chairperson of the board of directors of Enterprise Florida,
 4454  Inc., and one member representing each of the Workforce
 4455  Innovation and Opportunity Act partners, including the Division
 4456  of Career and Adult Education, the Division of Vocational
 4457  Rehabilitation, the Division of Blind Services, the Department
 4458  of Children and Families, and other entities representing
 4459  programs identified in the Workforce Innovation and Opportunity
 4460  Act, as determined necessary.
 4461         (5) The state board has all the powers and authority not
 4462  explicitly prohibited by statute which are necessary or
 4463  convenient to carry out and effectuate its purposes as
 4464  determined by statute, Pub. L. No. 113-128, and the Governor, as
 4465  well as its functions, duties, and responsibilities, including,
 4466  but not limited to, the following:
 4467         (b) Providing policy direction to ensure that the following
 4468  programs are administered by the department consistent with
 4469  approved plans:
 4470         1. Programs authorized under Title I of the Workforce
 4471  Innovation and Opportunity Act, Pub. L. No. 113-128, with the
 4472  exception of programs funded directly by the United States
 4473  Department of Labor under Title I, s. 167.
 4474         2. Programs authorized under the Wagner-Peyser Act of 1933,
 4475  as amended, 29 U.S.C. ss. 49 et seq.
 4476         3. Activities authorized under Title II of the Trade Act of
 4477  2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
 4478  Adjustment Assistance Program.
 4479         4. Activities authorized under 38 U.S.C. chapter 41,
 4480  including job counseling, training, and placement for veterans.
 4481         5. Employment and training activities carried out under
 4482  funds awarded to this state by the United States Department of
 4483  Housing and Urban Development.
 4484         6. Welfare transition services funded by the Temporary
 4485  Assistance for Needy Families Program, created under the
 4486  Personal Responsibility and Work Opportunity Reconciliation Act
 4487  of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
 4488  of the Social Security Act, as amended.
 4489         7. The Florida Bonding Program, provided under Pub. L. No.
 4490  97-300, s. 164(a)(1).
 4491         8. The Food Assistance Employment and Training Program,
 4492  provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
 4493  2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
 4494  the Hunger Prevention Act, Pub. L. No. 100-435; and the
 4495  Agriculture Improvement Act of 2018, Pub. L. No. 115-334.
 4496         9. The Quick-Response Training Program, provided under ss.
 4497  288.046-288.047. Matching funds and in-kind contributions that
 4498  are provided by clients of the Quick-Response Training Program
 4499  count toward the requirements of s. 288.904, pertaining to the
 4500  return on investment from activities of Enterprise Florida, Inc.
 4501         10. The Work Opportunity Tax Credit, provided under the Tax
 4502  and Trade Relief Extension Act of 1998, Pub. L. No. 105-277, and
 4503  the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
 4504         11. Offender placement services, provided under ss.
 4505  944.707-944.708.
 4506         (6) The state board shall achieve the purposes of this
 4507  section by:
 4508         (a) Creating a state employment, education, and training
 4509  policy that ensures workforce related programs are responsive to
 4510  present and future business and industry needs and complement
 4511  the initiatives of Enterprise Florida, Inc.
 4512         Section 134. Subsection (5) of section 445.045, Florida
 4513  Statutes, is amended to read:
 4514         445.045 Development of an Internet-based system for
 4515  information technology industry promotion and workforce
 4516  recruitment.—
 4517         (5) In furtherance of the requirements of this section that
 4518  the website promote and market the information technology
 4519  industry by communicating information on the scope of the
 4520  industry in this state, CareerSource Florida, Inc., shall
 4521  coordinate its efforts with the high-technology industry
 4522  marketing efforts of Enterprise Florida, Inc., under s. 288.911.
 4523  Through links or actual content, the website developed under
 4524  this section shall serve as a forum for distributing the
 4525  marketing campaign developed by Enterprise Florida, Inc., under
 4526  s. 288.911. In addition, CareerSource Florida, Inc., shall
 4527  solicit input from the not-for-profit corporation created to
 4528  advocate on behalf of the information technology industry as an
 4529  outgrowth of the Information Service Technology Development Task
 4530  Force created under chapter 99-354, Laws of Florida.
 4531         Section 135. Subsections (2) and (5) of section 446.44,
 4532  Florida Statutes, are amended to read:
 4533         446.44 Duties of Rural Workforce Services Program.—It shall
 4534  be the direct responsibility of the Rural Workforce Services
 4535  Program to promote and deliver employment and workforce services
 4536  and resources to the rural undeveloped and underdeveloped
 4537  counties of the state in an effort to:
 4538         (2)Assist Enterprise Florida, Inc., in attracting light,
 4539  pollution-free industry to the rural counties.
 4540         (4)(5) Develop rural workforce programs that will be
 4541  evaluated, planned, and implemented through communications and
 4542  planning with appropriate:
 4543         (a) Departments of state and federal governments.
 4544         (b)Units of Enterprise Florida, Inc.
 4545         (b)(c) Agencies and organizations of the public and private
 4546  sectors at the state, regional, and local levels.
 4547         Section 136. Subsection (5) of section 477.0135, Florida
 4548  Statutes, is amended to read:
 4549         477.0135 Exemptions.—
 4550         (5) A license is not required of any individual providing
 4551  makeup, special effects, or cosmetology services to an actor,
 4552  stunt person, musician, extra, or other talent during a
 4553  theatrical, film, or other entertainment production recognized
 4554  by the Office of Film and Entertainment as a qualified
 4555  production as defined in s. 288.1254(1). Such services are not
 4556  required to be performed in a licensed salon. Individuals exempt
 4557  under this subsection may not provide such services to the
 4558  general public.
 4559         Section 137. Subsection (1) of section 570.81, Florida
 4560  Statutes, is amended to read:
 4561         570.81 Agricultural Economic Development Project Review
 4562  Committee; powers and duties.—
 4563         (1) There is created an Agricultural Economic Development
 4564  Project Review Committee consisting of five members appointed by
 4565  the commissioner. The members shall be appointed based upon the
 4566  recommendations submitted by each entity represented on the
 4567  committee and shall include:
 4568         (a) The commissioner or the commissioner’s designee.
 4569         (b) One representative from the Farm Credit Service.
 4570         (c) One representative from the Department of Commerce
 4571  Enterprise Florida, Inc.
 4572         (d) One representative from the Florida Farm Bureau
 4573  Federation.
 4574         (e) One agricultural economist from the Institute of Food
 4575  and Agricultural Sciences or from Florida Agricultural and
 4576  Mechanical University.
 4577         Section 138. Subsection (2) of section 570.85, Florida
 4578  Statutes, is amended to read:
 4579         570.85 Agritourism.—
 4580         (2) The Department of Agriculture and Consumer Services may
 4581  provide marketing advice, technical expertise, promotional
 4582  support, and product development related to agritourism to
 4583  assist the following in their agritourism initiatives: Florida
 4584  Tourism Industry Marketing Corporation, Enterprise Florida,
 4585  Inc.; convention and visitor bureaus,; tourist development
 4586  councils,; economic development organizations,; and local
 4587  governments. In carrying out this responsibility, the department
 4588  shall focus its agritourism efforts on rural and urban
 4589  communities.
 4590         Section 139. Section 625.3255, Florida Statutes, is amended
 4591  to read:
 4592         625.3255 Capital participation instrument.—An insurer may
 4593  invest in any capital participation instrument or evidence of
 4594  indebtedness issued by the Department of Commerce Enterprise
 4595  Florida, Inc., pursuant to the Florida Small and Minority
 4596  Business Assistance Act.
 4597         Section 140. Paragraph (b) of subsection (4) of section
 4598  657.042, Florida Statutes, is amended to read:
 4599         657.042 Investment powers and limitations.—A credit union
 4600  may invest its funds subject to the following definitions,
 4601  restrictions, and limitations:
 4602         (4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF
 4603  CAPITAL OF THE CREDIT UNION.—Up to 1 percent of the capital of
 4604  the credit union may be invested in any of the following:
 4605         (b) Any capital participation instrument or evidence of
 4606  indebtedness issued by the Department of Commerce Enterprise
 4607  Florida, Inc., pursuant to the Florida Small and Minority
 4608  Business Assistance Act.
 4609         Section 141. Paragraph (f) of subsection (4) of section
 4610  658.67, Florida Statutes, is amended to read:
 4611         658.67 Investment powers and limitations.—A bank may invest
 4612  its funds, and a trust company may invest its corporate funds,
 4613  subject to the following definitions, restrictions, and
 4614  limitations:
 4615         (4) INVESTMENTS SUBJECT TO LIMITATION OF TEN PERCENT OR
 4616  LESS OF CAPITAL ACCOUNTS.—
 4617         (f) Up to 10 percent of the capital accounts of a bank or
 4618  trust company may be invested in any capital participation
 4619  instrument or evidence of indebtedness issued by the Department
 4620  of Commerce Enterprise Florida, Inc., pursuant to the Florida
 4621  Small and Minority Business Assistance Act.
 4622         Section 142. Paragraph (e) of subsection (2) of section
 4623  1004.015, Florida Statutes, is amended to read:
 4624         1004.015 Florida Talent Development Council.—
 4625         (2) Members of the council shall include:
 4626         (e)The president of Enterprise Florida, Inc.
 4627         Section 143. Paragraph (d) of subsection (5) of section
 4628  1004.65, Florida Statutes, is amended to read:
 4629         1004.65 Florida College System institutions; governance,
 4630  mission, and responsibilities.—
 4631         (5) The primary mission and responsibility of Florida
 4632  College System institutions is responding to community needs for
 4633  postsecondary academic education and career degree education.
 4634  This mission and responsibility includes being responsible for:
 4635         (d) Promoting economic development for the state within
 4636  each Florida College System institution district through the
 4637  provision of special programs, including, but not limited to,
 4638  the:
 4639         1. Enterprise Florida-related programs.
 4640         2. Technology transfer centers.
 4641         2.3. Economic development centers.
 4642         3.4. Workforce literacy programs.
 4643         Section 144. Paragraph (b) of subsection (10) of section
 4644  1004.78, Florida Statutes, is amended to read:
 4645         1004.78 Technology transfer centers at Florida College
 4646  System institutions.—
 4647         (10) The State Board of Education may award grants to
 4648  Florida College System institutions, or consortia of public and
 4649  private colleges and universities and other public and private
 4650  entities, for the purpose of supporting the objectives of this
 4651  section. Grants awarded pursuant to this subsection shall be in
 4652  accordance with rules of the State Board of Education. Such
 4653  rules shall include the following provisions:
 4654         (b) Grants to centers funded with state revenues
 4655  appropriated specifically for technology transfer activities
 4656  shall be reviewed and approved by the State Board of Education
 4657  using proposal solicitation, evaluation, and selection
 4658  procedures established by the state board in consultation with
 4659  the Department of Commerce Enterprise Florida, Inc. Such
 4660  procedures may include designation of specific areas or
 4661  applications of technology as priorities for the receipt of
 4662  funding.
 4663         Section 145. Subsection (4) of section 1011.76, Florida
 4664  Statutes, is amended to read:
 4665         1011.76 Small School District Stabilization Program.—
 4666         (4) The Department of Education may award the school
 4667  district a stabilization grant intended to protect the district
 4668  from continued financial reductions. The amount of the grant
 4669  will be determined by the Department of Education and may be
 4670  equivalent to the amount of the decline in revenues projected
 4671  for the next fiscal year. In addition, the Department of
 4672  Commerce Economic Opportunity may implement a rural economic
 4673  development initiative to identify the economic factors that are
 4674  negatively impacting the community to develop and may consult
 4675  with Enterprise Florida, Inc., in developing a plan to assist
 4676  the county with its economic transition. The grant will be
 4677  available to the school district for a period of up to 5 years
 4678  to the extent that funding is provided for such purpose in the
 4679  General Appropriations Act.
 4680         Section 146. The Division of Law Revision is directed to
 4681  prepare a reviser’s bill for the 2024 Regular Session of the
 4682  Legislature to change the terms “Department of Economic
 4683  Opportunity” and “Secretary of Economic Opportunity” to
 4684  “Department of Commerce” and “Secretary of Commerce,”
 4685  respectively, wherever the terms appear in the Florida Statutes
 4686  and to make such further changes as are necessary to conform the
 4687  Florida Statutes to the organizational changes effected by this
 4688  act.
 4689         Section 147. Except as otherwise expressly provided in this
 4690  act, this act shall take effect July 1, 2023.
 4691  
 4692  ================= T I T L E  A M E N D M E N T ================
 4693  And the title is amended as follows:
 4694         Delete everything before the enacting clause
 4695  and insert:
 4696                        A bill to be entitled                      
 4697         An act relating to economic programs; providing for a
 4698         type two transfer of the duties and functions of
 4699         Enterprise Florida, Inc., to the Department of
 4700         Commerce; providing legislative intent; providing for
 4701         a transition period; requiring the department and
 4702         Enterprise Florida, Inc., to coordinate the
 4703         development and implementation of a transition plan;
 4704         providing requirements for the transition plan;
 4705         specifying that certain binding contracts remain
 4706         binding; requiring the transfer of specified funds;
 4707         requiring the department to submit specified
 4708         amendments and information to the Federal Government
 4709         and seek specified waivers; requiring the Division of
 4710         Law Revision to provide assistance to specified
 4711         committees for certain purposes; prohibiting certain
 4712         actions from being taken relating to specified
 4713         programs; specifying that existing contracts or
 4714         agreements authorized under such programs continue in
 4715         full force and effect; providing appropriations;
 4716         amending ss. 11.45, 14.32, 15.18, 15.182, and 20.435,
 4717         F.S.; conforming provisions to changes made by the
 4718         act; amending s. 20.60, F.S.; renaming the Department
 4719         of Economic Opportunity as the Department of Commerce;
 4720         designating the head of the department as the
 4721         Secretary of Commerce; requiring the secretary to
 4722         serve as the Governor’s chief negotiator for certain
 4723         purposes; renaming the Division of Strategic Business
 4724         Development as the Division of Economic Development;
 4725         revising the duties and purposes of the department;
 4726         revising the duties of the Division of Workforce
 4727         Services; conforming provisions to changes made by the
 4728         act; repealing s. 20.601, F.S., relating to review of
 4729         the Department of Economic Opportunity; amending s.
 4730         159.803, F.S.; requiring the department to develop
 4731         certain protocols and measures; conforming provisions
 4732         to changes made by the act; amending ss. 189.033,
 4733         196.012, and 212.08, F.S.; conforming provisions to
 4734         changes made by the act; amending ss. 212.098, 212.20,
 4735         212.205, 213.053, 220.02, 220.13, and 220.16, F.S.;
 4736         conforming provisions to changes made by the act;
 4737         repealing s. 220.1899, F.S., relating to an
 4738         entertainment industry tax credit; amending s.
 4739         220.191, F.S.; defining the term “average private
 4740         sector wage in the area”; conforming provisions to
 4741         changes made by the act; repealing s. 220.194, F.S.,
 4742         relating to corporate income tax credits for
 4743         spaceflight projects; amending ss. 220.196, 272.11,
 4744         287.0947, and 287.137, F.S.; conforming provisions to
 4745         changes made by the act; amending s. 288.0001, F.S.;
 4746         revising required analyses provided by the Office of
 4747         Economic and Demographic Research and OPPAGA;
 4748         conforming provisions to changes made by the act;
 4749         amending ss. 288.001 and 288.005, F.S.; conforming
 4750         provisions to changes made by the act; amending s.
 4751         288.012, F.S.; requiring the department to establish a
 4752         direct-support organization for a specified purpose;
 4753         specifying the Secretary of Commerce is the head of
 4754         such direct-support organization; authorizing the
 4755         Secretary to provide for the appointment of a director
 4756         and other staff; providing requirements and
 4757         authorizations relating to the direct-support
 4758         organization; providing requirements for an agreement
 4759         between the direct-support organization and the
 4760         department; requiring the department to submit a
 4761         proposed operating budget for the direct-service
 4762         organization to the Governor and the Legislature;
 4763         providing for a future repeal; conforming provisions
 4764         to changes made by the act; amending s. 288.017, F.S.;
 4765         providing authority to the Florida Tourism Industry
 4766         Marketing Corporation, rather than Enterprise Florida,
 4767         Inc., to establish and administer a cooperative
 4768         advertising matching grants program ; conforming
 4769         provisions to changes made by the act; amending ss.
 4770         288.018, 288.047, 288.061, 288.0655, 288.0656,
 4771         288.0658, and 288.075, and 288.076, F.S.; conforming
 4772         provisions to changes made by the act; amending s.
 4773         288.095, F.S.; requiring the department to issue
 4774         quarterly reports relating to the status of certain
 4775         payments and escrow activity to specified entities;
 4776         requiring the department to create a separate account
 4777         for specified transferred funds; requiring the
 4778         department to transfer payments to the General Revenue
 4779         Fund; conforming provisions to changes made by the
 4780         act; amending s. 288.101, F.S.; revising
 4781         authorizations relating to the Florida Job Growth
 4782         Grand Fund; repealing ss. 288.1045 and 288.106, F.S.,
 4783         relating to the qualified defense contractor and space
 4784         flight business tax refund program and a tax refund
 4785         program for qualified target industry businesses;
 4786         amending 288.107, F.S.; revising requirements relating
 4787         to brownfield redevelopment bonus refunds; authorizing
 4788         the department to adopt rules; conforming provisions
 4789         to changes made by the act; amending s. 288.108, F.S.;
 4790         conforming provisions to changes made by the act;
 4791         repealing ss. 288.1081, 288.1082, 288.1088, and
 4792         288.1089, F.S., relating to the Economic Gardening
 4793         Business Loan Pilot Program, the Economic Gardening
 4794         Technical Assistance Pilot Program, the Quick Action
 4795         Closing Fund, and the Innovation Incentive Program,
 4796         respectively; amending ss. 288.111, 288.11621, and
 4797         288.11631, F.S.; conforming provisions to changes made
 4798         by the act; repealing ss. 288.1168 and 288.1169, F.S.,
 4799         relating to the professional golf hall of fame
 4800         facility and the International Game Fish Association
 4801         World Center facility, respectively; amending s.
 4802         288.122, F.S.; conforming a provision to changes made
 4803         by the act; amending s. 288.1226, F.S.; revising the
 4804         composition of the board of directors of the Florida
 4805         Tourism Industry Marketing Corporation; conforming
 4806         provisions to changes made by the act; amending s.
 4807         288.12265, F.S.; transferring responsibility for
 4808         administering and operating welcome centers from
 4809         Enterprise Florida, Inc., to the Florida Tourism
 4810         Industry Marketing Corporation; reviving, readopting,
 4811         and amending s. 288.1229, F.S., relating to promotion
 4812         and development of sports-related industries and
 4813         amateur athletics; requiring the department to
 4814         establish the Florida Sports Foundation direct-support
 4815         organization; providing requirements for the
 4816         foundation, including development of the Florida
 4817         Senior Games; providing and revising requirements for
 4818         the Florida Senior Games and the Sunshine State Games,
 4819         respectively; conforming provisions to changes made by
 4820         the act; amending s. 288.125, F.S.; conforming a
 4821         provision to changes made by the act; repealing ss.
 4822         288.1251, 288.1252, 288.1253, and 288.1254, F.S.,
 4823         relating to the promotion and development of the
 4824         entertainment industry by the Office of Film and
 4825         Entertainment, the Florida Film and Entertainment
 4826         Advisory Council, certain travel and entertainment
 4827         expenses, and an entertainment industry financial
 4828         incentive program, respectively; amending ss.
 4829         288.1258, 288.7015, 288.706, 288.773, 288.776,
 4830         288.7771, 288.816, and 288.826, F.S.; conforming
 4831         provisions to changes made by the act; repealing ss.
 4832         288.901, 288.9015, 288.903, 288.904, 288.905, and
 4833         288.906, F.S., relating to Enterprise Florida, Inc.,
 4834         powers of board of directors of Enterprise Florida,
 4835         Inc., duties of Enterprise Florida, Inc., funding for
 4836         Enterprise Florida, Inc., the president and employees
 4837         of Enterprise Florida, Inc., and the annual report and
 4838         audits of Enterprise Florida, Inc., and its divisions,
 4839         respectively; renumbering and amending s. 288.907,
 4840         F.S.; conforming provisions to changes made by the
 4841         act; repealing s. 288.911, F.S., relating to the
 4842         creation and implementation of a marketing and image
 4843         campaign; renumbering and amending s. 288.912, F.S.;
 4844         conforming provisions to changes made by the act;
 4845         repealing s. 288.92, F.S., relating to the divisions
 4846         of Enterprise Florida, Inc.; renumbering and amending
 4847         s. 288.923, F.S.; revising the responsibilities and
 4848         duties of the Florida Tourism Industry Marketing
 4849         Corporation; conforming provisions to changes made by
 4850         the act; repealing ss. 288.95155 and 288.9519, F.S.,
 4851         relating to the Florida Small Business Technology
 4852         Growth Program and a not-for-profit corporation
 4853         intended to promote the competitiveness and
 4854         profitability of high-technology business and
 4855         industry, respectively; renumbering and amending s.
 4856         288.9520, F.S.; specifying that the department is the
 4857         custodian of certain public records; conforming
 4858         provisions to changes made by the act; repealing s.
 4859         288.955, F.S., relating to Scripps Florida Funding
 4860         Corporation; amending s. 288.9603, F.S.; conforming a
 4861         provision to changes made by the act; amending s.
 4862         288.9604, F.S.; removing the future repeal of the
 4863         Florida Development Finance Corporation; amending ss.
 4864         288.9605, 288.9614, 288.9624, 288.9625, 288.96255,
 4865         288.980, and 288.987, F.S.; conforming provisions to
 4866         changes made by the act; repealing ss. 288.991,
 4867         288.9912, 288.9913, 288.9914, 288.9915, 288.9916,
 4868         288.9917, 288.9918, 288.9919, 288.9920, 288.9921, and
 4869         288.9922, F.S., relating to the New Markets
 4870         Development Program Act; amending s. 288.9932, F.S.;
 4871         deleting the definition of the term “domiciled in this
 4872         state; repealing s. 288.9934, F.S., relating to the
 4873         Microfinance Loan Program; amending s. 288.9935, F.S.;
 4874         conforming provisions to changes made by the act;
 4875         repealing ss. 288.9936 and 288.9937, F.S., relating to
 4876         the annual report of the Microfinance Loan Program and
 4877         the evaluation of certain programs, respectively;
 4878         amending ss. 288.9961, 290.0056, 290.0065, 290.00677,
 4879         290.053, and 295.22, F.S.; conforming provisions to
 4880         changes made by the act; conforming cross-references;
 4881         amending ss. 320.08058, 339.2821, 377.703, 377.804,
 4882         377.809, 380.0657, 403.7032, 403.973, 443.091,
 4883         443.191, 445.004, 445.045, 446.44, 477.0135, 570.81,
 4884         570.85, 625.3255, 657.042, 658.67, 1004.015, 1004.65,
 4885         1004.78, and 1011.76, F.S.; conforming provisions to
 4886         changes made by the act; directing the Division of Law
 4887         Revision to prepare a reviser’s bill for a specified
 4888         purpose; providing effective dates.