Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1420
       
       
       
       
       
       
                                Ì3537087Î353708                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2024           .                                
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       The Committee on Rules (Burgess) recommended the following:
       
    1         Senate Substitute for Amendment (501190) (with title
    2  amendment)
    3  
    4         Delete lines 262 - 417
    5  and insert:
    6         Section 7. Section 288.987, Florida Statutes, is amended to
    7  read:
    8         288.987 Florida Defense Support Task Force.—
    9         (1) The Department of Commerce shall establish a direct
   10  support organization to support Florida’s military and defense
   11  industries and communities The Florida Defense Support Task
   12  Force is created.
   13         (a) The direct-support organization is a corporation not
   14  for profit, as defined in s. 501(c)(3) of the Internal Revenue
   15  Code, which is incorporated under chapter 617 and approved by
   16  the Department of State. The direct-support organization is
   17  exempt from paying filing fees under chapter 617.
   18         (b) The direct-support organization shall operate under
   19  contract with the department pursuant to s. 20.60. The contract
   20  must provide that:
   21         1. The department may review the direct-support
   22  organization’s articles of incorporation.
   23         2. The direct-support organization shall submit an annual
   24  budget proposal to the department, on a form provided by the
   25  department, in accordance with department procedures for filing
   26  budget proposals based on recommendations of the department.
   27         3. Any funds that the direct-support organization holds in
   28  trust must revert to the state upon the expiration or
   29  cancellation of the contract.
   30         4. The direct-support organization is subject to an annual
   31  financial and performance review by the department to determine
   32  whether the direct-support organization is complying with the
   33  terms of the contract and is acting in a manner consistent with
   34  the goals of the department and in the best interest of the
   35  state.
   36         (c) The department must determine and annually certify that
   37  the direct-support organization is complying with the terms of
   38  the contract and is doing so consistent with the goals and
   39  purposes of the organization and in the best interests of the
   40  state.
   41         (d) The fiscal year of the direct-support organization
   42  begins on July 1 and ends on June 30 of the next succeeding
   43  year. By August 15 of each fiscal year, the department shall
   44  submit a proposed operating budget for the direct-support
   45  organization to the Governor, the President of the Senate, and
   46  the Speaker of the House of Representatives.
   47         (e) The direct-support organization shall provide an annual
   48  financial audit in accordance with s. 215.981.
   49         (f) The direct-support organization is not an agency for
   50  purposes of chapter 120; s. 215.31; chapter 216; ss. 255.21,
   51  255.25, and 255.254, relating to leasing of buildings; and ss.
   52  283.33 and 283.35, relating to bids for printing.
   53         (g) Subject to the approval of the Secretary of Commerce,
   54  the department may allow the direct-support organization to use
   55  the property, facilities, personnel, and services of the
   56  department if the direct-support organization provides equal
   57  employment opportunities to all persons regardless of race,
   58  color, religion, sex, or national origin.
   59         (2)(a) The mission of the direct-support organization task
   60  force is to carry out the provisions of this section, to make
   61  recommendations to preserve and protect military installations,
   62  to assist Florida is for Veterans, Inc., created in s. 295.21,
   63  with economic and workforce development efforts in military
   64  communities, to conduct planning and research and development to
   65  support military missions, businesses, and military families to
   66  support the state’s position in research and development related
   67  to or arising out of military missions and contracting, and to
   68  improve the state’s military-friendly environment for
   69  servicemembers, military dependents, military retirees, and
   70  businesses that bring military and base-related jobs to the
   71  state.
   72         (b) The direct-support organization is organized and
   73  operated to request, receive, hold, invest, and administer
   74  property and to manage and make expenditures related to its
   75  mission and for joint planning with host communities to
   76  accommodate military missions and prevent base encroachment,
   77  advocacy on the state’s behalf with federal civilian and
   78  military officials, promotion of the state to military and
   79  related contractors and employers, and support of economic and
   80  product research and development activities of the defense
   81  industry.
   82         (c) As necessary and requested by Florida is for Veterans,
   83  Inc., the direct-support organization may undertake such
   84  activities that assist the corporation with job training and
   85  placement for military spouses in communities with high
   86  proportions of active duty military personnel. As necessary and
   87  requested by the Department of Education, school districts, or
   88  Florida state colleges and universities, the direct-support
   89  organization may undertake such activities that assist in
   90  providing a smooth transition for dependents of military
   91  personnel and other military students. The direct-support
   92  organization is intended to complement but may not supplant the
   93  activities of other state entities.
   94         (3) The direct-support organization shall be governed by a
   95  board of directors.
   96         (a) The board of directors is composed of the Governor, or
   97  his or her designee, and the following members task force shall
   98  be comprised of the Governor or his or her designee, and 12
   99  members appointed as follows:
  100         1.(a) Four members appointed by the Governor.
  101         2.(b) Four members appointed by the President of the
  102  Senate.
  103         3.(c) Four members appointed by the Speaker of the House of
  104  Representatives.
  105         (b)(d) Appointed members must represent defense-related
  106  industries or communities that host military bases and
  107  installations. All appointments in place as of July 1, 2024,
  108  must continue in effect until the expiration of the term must be
  109  made by August 1, 2011. Members shall serve for a term of 4
  110  years, with the first term ending July 1, 2015. However, if
  111  members of the Legislature are appointed to the task force,
  112  those members shall serve until the expiration of their
  113  legislative term and may be reappointed once. A vacancy shall be
  114  filled for the remainder of the unexpired term in the same
  115  manner as the initial appointment. All members of the council
  116  are eligible for reappointment.
  117         (c) The President of the Senate and the Speaker of the
  118  House of Representatives shall each appoint a current member of
  119  their respective chambers who shall serve ex officio, nonvoting.
  120  An appointed Senator or Representative shall serve until the
  121  expiration of the member’s legislative term and may be
  122  reappointed once. An appointed Senator or Representative A
  123  member who serves in the Legislature may participate in all
  124  direct-support organization task force activities but may not
  125  only vote on matters that are advisory.
  126         (d)(4) The President of the Senate and the Speaker of the
  127  House of Representatives shall each designate one of their
  128  appointees under paragraph (b) to serve as chair of the direct
  129  support organization task force. The chair shall serve a 2-year
  130  term, rotating on December 1 of each even-numbered year rotate
  131  each July 1. The appointee designated by the President of the
  132  Senate shall serve as initial chair. If the Governor, instead of
  133  his or her designee, participates in the activities of the
  134  direct-support organization task force, then the Governor shall
  135  serve as chair.
  136         (e)(5) The Secretary of Commerce Economic Opportunity, or
  137  his or her designee, shall serve as the ex officio, nonvoting
  138  executive director of the direct-support organization task
  139  force.
  140         (f) The Executive Director of Florida Department of
  141  Veterans’ Affairs and the Adjutant General of the Florida
  142  National Guard, or their designees, shall serve as ex officio,
  143  nonvoting members of the direct-support organization.
  144         (g) Any employees and appointed board members, in their
  145  capacity of service on the board, are not public employees for
  146  the purposes of chapter 110 or chapter 112, except that such
  147  employees and appointed board members of the corporation are
  148  subject to the provisions of s. 112.061, related to
  149  reimbursement for travel and per diem exempts incurred while
  150  performing duties, and part III of chapter 112. Otherwise, each
  151  member of the board of directors shall serve without
  152  compensation.
  153         (4)(6) The direct-support organization task force shall
  154  submit an annual progress report and work plan to the Governor,
  155  the President of the Senate, and the Speaker of the House of
  156  Representatives each November 1, which may be submitted as a
  157  supplement report with the annual report of the department
  158  pursuant to s. 20.60 February 1.
  159         (5) The direct-support organization, in the performance of
  160  its duties, may:
  161         (a) Make and enter into contracts and assume such other
  162  functions as are necessary to carry out the mission of the
  163  direct-support organization and its contract with the
  164  department, provided that any such contracts and assumptions are
  165  not inconsistent with this section or any other applicable
  166  provision of law governing the direct-support organization. A
  167  proposed contract with a total cost of $750,000 or more is
  168  subject to the notice, review, and objection procedures of s.
  169  216.177. If the chair and vice chair of the Legislative Budget
  170  Commission, or the President of the Senate and the Speaker of
  171  the House of Representatives, timely advise the direct-support
  172  organization in writing that such proposed contract is contrary
  173  to legislative policy and intent, the direct-support
  174  organization may not enter into such proposed contract. The
  175  direct-support organization may not divide one proposed contract
  176  with a total cost of $750,000 or more into multiple contracts to
  177  circumvent the requirements of this paragraph.
  178         (b)Establish grant programs and administer grant awards to
  179  support its mission. The direct-support organization must
  180  publicly adopt guidelines and application procedures and must
  181  publish such guidelines, application procedures, and awards on
  182  its website. The direct-support organization may assist the
  183  department as requested and necessary with any statutorily
  184  established grants or other programs, but may not administer
  185  such grants on behalf of the department.
  186         (7) The department shall support the task force and
  187  contract with the task force for expenditure of appropriated
  188  funds, which may be used by the task force for economic and
  189  product research and development, joint planning with host
  190  communities to accommodate military missions and prevent base
  191  encroachment, advocacy on the state’s behalf with federal
  192  civilian and military officials, assistance to school districts
  193  in providing a smooth transition for large numbers of additional
  194  military-related students, job training and placement for
  195  military spouses in communities with high proportions of active
  196  duty military personnel, and promotion of the state to military
  197  and related contractors and employers. The task force may
  198         (c) Annually spend up to $250,000 of funds appropriated to
  199  the department for the direct-support organization task force
  200  for staffing and administrative expenses of the direct-support
  201  organization task force, including travel and per diem costs
  202  incurred by task force members who are not otherwise eligible
  203  for state reimbursement.
  204         (6) This section is repealed October 1, 2029, unless
  205  reviewed and saved from repeal by the Legislature.
  206         Section 8. Section 288.102, Florida Statutes, is created to
  207  read:
  208         288.102Supply Chain Innovation Grant Program.—
  209         (1)The Supply Chain Innovation Grant Program is created
  210  within the department to fund, subject to appropriation by the
  211  legislature, proposed projects that support supply chain
  212  innovation.
  213         (2) The department shall accept applications from ports
  214  listed in s. 311.09(1); class I, II, or III freight railroads;
  215  public airports as defined in s. 330.27; and intermodal
  216  logistics centers or inland ports as defined in s. 311.101(2).
  217         (3)(a)The department shall collaborate with the Department
  218  of Transportation review applications submitted and select
  219  projects for awards that create strategic investments in
  220  infrastructure to increase capacity and address freight mobility
  221  to meet the economic development goals of the state.
  222         (b) Priority must be given to projects with innovative
  223  plans, advanced technologies, and development strategies that
  224  focus on future growth and economic prosperity of the supply
  225  chain across the state.
  226         (c) The department, in consultation with the Department of
  227  Transportation, must adopted selection criteria that includes,
  228  but is not limited to, consideration of the project’s:
  229         1. Consistency with plans and studies produced by the
  230  department, the Department of Transportation, or another state
  231  entity.
  232         2. Direct increase efficiency in the delivery of goods.
  233         3. Improvement of freight mobility access while reducing
  234  congestion. This may include overnight truck parking at rest
  235  areas, weigh stations, and intermodal logistics centers.
  236         4. Increase of fuel storage and distribution capacity
  237  across the state, including, but not limited to, petroleum,
  238  hydrogen, ethanol, and natural gas located at seaports and
  239  spaceports.
  240         5. Ability to secure a sustainable logistics transportation
  241  network throughout this state.
  242         6. Development of connections to multimodal transportation
  243  systems.
  244         7. Ability to address emerging supply chain and
  245  transportation industry challenges.
  246         (d)A public or private entity seeking to develop and
  247  establish vertiports in this state may also apply to the
  248  department for funding. For purposes of this subsection, the
  249  term “vertiport” means a system or infrastructure with
  250  supporting services and equipment used for landing, ground
  251  handling, and takeoff of manned or unmanned vertical takeoff and
  252  landing (VTOL) aircraft.
  253         (4) A minimum of a one-to-one match of nonstate resources,
  254  including local, federal, or private funds, to the state
  255  contribution is required. An award may not be made for a project
  256  that is receiving or using state funding from another state
  257  source or statutory program, including tax credits. The one-to
  258  one match requirement is waived for a public entity located in
  259  fiscally constrained county as defined in s. 218.67(1).
  260         (5) Projects may apply for funding for capital expenditures
  261  and operations but funding awarded under this section may not be
  262  used to pay salary and benefits or general business or office
  263  expenses. A project may not be awarded the entirety of any
  264  appropriation in a fiscal year.
  265         (6)The Department of Transportation and the Department of
  266  Commerce shall jointly select projects for award. Grants awarded
  267  under this program shall be administered by the department.
  268         (7)The Department of Commerce, in conjunction with the
  269  Department of Transportation, shall annually provide a list of
  270  each project awarded, the benefit of each project toward meeting
  271  the goals and objectives of the program, and the current status
  272  of each project. The department shall include such information
  273  in its annual incentives report required under s. 20.0065.
  274         (8) The department may adopt rules to implement this
  275  section.
  276         (9) This section expires June 30, 2034.
  277         Section 9. Paragraph (e) of subsection (2) of section
  278  288.0001, Florida Statutes, is created to read:
  279         288.0001 Economic Development Programs Evaluation.—The
  280  Office of Economic and Demographic Research and the Office of
  281  Program Policy Analysis and Government Accountability (OPPAGA)
  282  shall develop and present to the Governor, the President of the
  283  Senate, the Speaker of the House of Representatives, and the
  284  chairs of the legislative appropriations committees the Economic
  285  Development Programs Evaluation.
  286         (2) The Office of Economic and Demographic Research and
  287  OPPAGA shall provide a detailed analysis of economic development
  288  programs as provided in the following schedule:
  289         (e) By January 1, 2027, and every 3 years thereafter, an
  290  analysis of the Supply Chain Innovation Grant Program
  291  established under s. 288.102.
  292  
  293  ================= T I T L E  A M E N D M E N T ================
  294  And the title is amended as follows:
  295         Delete line 39
  296  and insert:
  297         future repeal; creating s. 288.102, F.S.; creating the
  298         Supply Chain Innovation Grant Program within the
  299         Department of Commerce; providing the purpose of the
  300         program; requiring the Department of Commerce and the
  301         Department of Transportation to consider applications
  302         and select grant awardees; requiring each award made
  303         to be matched by private funds; providing selection
  304         criteria; defining the term “vertiport”; authorizing
  305         the Department of Commerce to adopt rules; requiring a
  306         report; providing for expiration; amending s.
  307         288.0001, F.S.; requiring review of the Supply Chain
  308         Innovation Grant Program Office of Economic and
  309         Demographic Research and the Office of Program Policy
  310         Analysis and Government Accountability; amending s.
  311         445.003, F.S.; revising the