CS for CS for SB 1420 First Engrossed
20241420e1
1 A bill to be entitled
2 An act relating to the Department of Commerce;
3 amending s. 163.3167, F.S.; providing that a citizen
4 led county charter amendment that is not required to
5 be approved by the board of county commissioners which
6 preempts certain actions is prohibited unless
7 expressly authorized in a county charter that was
8 lawful and in effect on a specified date; amending s.
9 163.3175, F.S.; conforming a provision to changes made
10 by the act; amending s. 163.3184, F.S.; revising the
11 process for adopting comprehensive plan amendments;
12 providing that amendments are deemed withdrawn if the
13 local government fails to transmit the comprehensive
14 plan amendments to the department, in its role as the
15 state land planning agency, within a certain
16 timeframe; amending s. 288.066, F.S.; revising the
17 maximum length of a loan term under the Local
18 Government Emergency Revolving Bridge Loan Program;
19 amending s. 288.1229, F.S.; revising the duties of the
20 Florida Sports Foundation; amending ss. 288.980 and
21 288.985, F.S.; conforming provisions to changes made
22 by the act; amending s. 288.987, F.S.; requiring the
23 department to establish a direct-support organization;
24 replacing the Florida Defense Support Task Force with
25 the direct-support organization; specifying that the
26 organization is a direct-support organization of the
27 department and a corporation not for profit; requiring
28 the organization to operate under contract with the
29 Department of Commerce; specifying requirements for
30 such contract; requiring the department to determine
31 and annually certify that the organization is
32 complying with contract terms; specifying the
33 organization’s fiscal year; specifying audit
34 requirements applicable to the organization;
35 authorizing the organization to take certain actions
36 regarding administration of property and expenditures;
37 specifying that the organization is not an agency for
38 purposes of specified provisions of law; authorizing
39 the department to allow the organization to use
40 certain departmental resources, if certain conditions
41 are met; revising the mission of the organization;
42 modifying provisions governing the composition of the
43 organization; revising the date by which the
44 organization’s annual report is due; providing certain
45 powers and duties of the organization, subject to
46 certain requirements and limitations; providing for
47 future repeal; creating s. 288.102, F.S.; creating the
48 Supply Chain Innovation Grant Program within the
49 department; providing the purpose of the program;
50 requiring the Department of Commerce and the
51 Department of Transportation to consider applications
52 and select grant awardees; specifying selection
53 criteria for projects; defining the term “vertiport”;
54 requiring each grant award made to be matched by
55 local, federal, or private funds; providing an
56 exception to the matching requirement; specifying
57 restrictions on uses of grant funds; requiring the
58 Department of Transportation and the Department of
59 Commerce to jointly select projects for grant awards,
60 and for the Department of Commerce to administer the
61 grant program; requiring a report on funded projects,
62 their benefits, and current status; authorizing the
63 Department of Commerce to adopt rules; providing for
64 program expiration; amending s. 288.0001, F.S.;
65 requiring review of the Supply Chain Innovation Grant
66 Program by the Office of Economic and Demographic
67 Research and the Office of Program Policy Analysis and
68 Government Accountability by a certain date and every
69 3 years thereafter; amending s. 445.003, F.S.;
70 revising the definition of the term “businesses”;
71 revising funding priority for purposes of funding
72 grants under the Incumbent Worker Training Program;
73 amending s. 445.004, F.S.; specifying that certain
74 members of the state workforce development board are
75 voting members of the board; amending s. 720.406,
76 F.S.; specifying required actions by a certain
77 committee for a proposed revived declaration and other
78 governing documents to be submitted to the Department
79 of Commerce; making technical changes; authorizing the
80 department to amend certain previously executed loan
81 agreements under certain circumstances; providing
82 effective dates.
83
84 Be It Enacted by the Legislature of the State of Florida:
85
86 Section 1. Effective upon becoming a law, present paragraph
87 (d) of subsection (8) of section 163.3167, Florida Statutes, is
88 redesignated as paragraph (e), and a new paragraph (d) is added
89 to that subsection, to read:
90 163.3167 Scope of act.—
91 (8)
92 (d) A citizen-led county charter amendment that is not
93 required to be approved by the board of county commissioners
94 preempting any development order, land development regulation,
95 comprehensive plan, or voluntary annexation is prohibited unless
96 expressly authorized in a county charter that was lawful and in
97 effect on January 1, 2024.
98 Section 2. Subsection (3) of section 163.3175, Florida
99 Statutes, is amended to read:
100 163.3175 Legislative findings on compatibility of
101 development with military installations; exchange of information
102 between local governments and military installations.—
103 (3) The direct-support organization created in s. 288.987
104 Florida Defense Support Task Force may recommend to the
105 Legislature changes to the military installations and local
106 governments specified in subsection (2) based on a military
107 base’s potential for impacts from encroachment, and incompatible
108 land uses and development.
109 Section 3. Paragraph (c) of subsection (3) and paragraph
110 (e) of subsection (4) of section 163.3184, Florida Statutes, are
111 amended to read:
112 163.3184 Process for adoption of comprehensive plan or plan
113 amendment.—
114 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
115 COMPREHENSIVE PLAN AMENDMENTS.—
116 (c)1. The local government shall hold a its second public
117 hearing, which shall be a hearing on whether to adopt one or
118 more comprehensive plan amendments pursuant to subsection (11).
119 If the local government fails, within 180 days after receipt of
120 agency comments, to hold the second public hearing, and to adopt
121 the comprehensive plan amendments, the amendments are shall be
122 deemed withdrawn unless extended by agreement with notice to the
123 state land planning agency and any affected person that provided
124 comments on the amendment. The 180-day limitation does not apply
125 to amendments processed pursuant to s. 380.06.
126 2. All comprehensive plan amendments adopted by the
127 governing body, along with the supporting data and analysis,
128 shall be transmitted within 10 working days after the final
129 adoption second public hearing to the state land planning agency
130 and any other agency or local government that provided timely
131 comments under subparagraph (b)2. If the local government fails
132 to transmit the comprehensive plan amendments within 10 working
133 days after the final adoption hearing, the amendments are deemed
134 withdrawn.
135 3. The state land planning agency shall notify the local
136 government of any deficiencies within 5 working days after
137 receipt of an amendment package. For purposes of completeness,
138 an amendment shall be deemed complete if it contains a full,
139 executed copy of:
140 a. The adoption ordinance or ordinances;
141 b. In the case of a text amendment, a full copy of the
142 amended language in legislative format with new words inserted
143 in the text underlined, and words deleted stricken with hyphens;
144 c. In the case of a future land use map amendment, a copy
145 of the future land use map clearly depicting the parcel, its
146 existing future land use designation, and its adopted
147 designation; and
148 d. a copy of Any data and analyses the local government
149 deems appropriate.
150 4. An amendment adopted under this paragraph does not
151 become effective until 31 days after the state land planning
152 agency notifies the local government that the plan amendment
153 package is complete. If timely challenged, an amendment does not
154 become effective until the state land planning agency or the
155 Administration Commission enters a final order determining the
156 adopted amendment to be in compliance.
157 (4) STATE COORDINATED REVIEW PROCESS.—
158 (e) Local government review of comments; adoption of plan
159 or amendments and transmittal.—
160 1. The local government shall review the report submitted
161 to it by the state land planning agency, if any, and written
162 comments submitted to it by any other person, agency, or
163 government. The local government shall, upon receipt of the
164 report from the state land planning agency, shall hold its
165 second public hearing, which shall be a hearing to determine
166 whether to adopt the comprehensive plan or one or more
167 comprehensive plan amendments pursuant to subsection (11). If
168 the local government fails to hold the second hearing and adopt
169 the amendments within 180 days after receipt of the state land
170 planning agency’s report, the amendments shall be deemed
171 withdrawn unless extended by agreement with notice to the state
172 land planning agency and any affected person that provided
173 comments on the amendment. The 180-day limitation does not apply
174 to amendments processed pursuant to s. 380.06.
175 2. All comprehensive plan amendments adopted by the
176 governing body, along with the supporting data and analysis,
177 shall be transmitted within 10 working days after the final
178 adoption second public hearing to the state land planning agency
179 and any other agency or local government that provided timely
180 comments under paragraph (c). If the local government fails to
181 transmit the comprehensive plan amendments within 10 working
182 days after the final adoption hearing, the amendments are deemed
183 withdrawn.
184 3. The state land planning agency shall notify the local
185 government of any deficiencies within 5 working days after
186 receipt of a plan or plan amendment package. For purposes of
187 completeness, a plan or plan amendment shall be deemed complete
188 if it contains a full, executed copy of each of the following:
189 a. The adoption ordinance or ordinances;
190 b. In the case of a text amendment, a full copy of the
191 amended language in legislative format with new words inserted
192 in the text underlined, and words deleted stricken with hyphens;
193 c. In the case of a future land use map amendment, a copy
194 of the future land use map clearly depicting the parcel, its
195 existing future land use designation, and its adopted
196 designation; and
197 d. a copy of Any data and analyses the local government
198 deems appropriate.
199 4. After the state land planning agency makes a
200 determination of completeness regarding the adopted plan or plan
201 amendment, the state land planning agency shall have 45 days to
202 determine whether if the plan or plan amendment is in compliance
203 with this act. Unless the plan or plan amendment is
204 substantially changed from the one commented on, the state land
205 planning agency’s compliance determination shall be limited to
206 objections raised in the objections, recommendations, and
207 comments report. During the period provided for in this
208 subparagraph, the state land planning agency shall issue,
209 through a senior administrator or the secretary, a notice of
210 intent to find that the plan or plan amendment is in compliance
211 or not in compliance. The state land planning agency shall post
212 a copy of the notice of intent on the agency’s Internet website.
213 Publication by the state land planning agency of the notice of
214 intent on the state land planning agency’s Internet site is
215 shall be prima facie evidence of compliance with the publication
216 requirements of this subparagraph.
217 5. A plan or plan amendment adopted under the state
218 coordinated review process shall go into effect pursuant to the
219 state land planning agency’s notice of intent. If timely
220 challenged, an amendment does not become effective until the
221 state land planning agency or the Administration Commission
222 enters a final order determining the adopted amendment to be in
223 compliance.
224 Section 4. Effective upon becoming a law, paragraph (c) of
225 subsection (3) of section 288.066, Florida Statutes, is amended
226 to read:
227 288.066 Local Government Emergency Revolving Bridge Loan
228 Program.—
229 (3) LOAN TERMS.—
230 (c) The term of the loan is up to 10 years 5 years.
231 Section 5. Paragraph (g) of subsection (7) of section
232 288.1229, Florida Statutes, is amended to read:
233 288.1229 Promotion and development of sports-related
234 industries and amateur athletics; direct-support organization
235 established; powers and duties.—
236 (7) To promote amateur sports and physical fitness, the
237 foundation shall:
238 (g) Continue the successful amateur sports programs
239 previously conducted by the Florida Governor’s Council on
240 Physical Fitness and Amateur Sports created under former s.
241 14.22.
242 Section 6. Paragraph (b) of subsection (2) of section
243 288.980, Florida Statutes, is amended to read:
244 288.980 Military base retention; legislative intent; grants
245 program.—
246 (2)
247 (b)1. The department shall, annually by October 1, request
248 military installations in this the state to provide the
249 department with a list of base buffering encroachment lands for
250 fee simple or less-than-fee simple acquisitions before October
251 1.
252 2. The department shall submit the list of base buffering
253 encroachment lands to the direct-support organization Florida
254 Defense Support Task Force created in s. 288.987.
255 3. The direct-support organization created in s. 288.987
256 Florida Defense Support Task Force shall, annually by December
257 1, review the list of base buffering encroachment lands
258 submitted by the military installations and provide its
259 recommendations for ranking the lands for acquisition to the
260 department.
261 4. The department shall annually submit the list of base
262 buffering encroachment lands provided by the direct-support
263 organization created in s. 288.987 Florida Defense Support Task
264 Force to the Board of Trustees of the Internal Improvement Trust
265 Fund, which may acquire the lands pursuant to s. 253.025. At a
266 minimum, the annual list must contain all of the following for
267 each recommended land acquisition:
268 a. A legal description of the land and its property
269 identification number.;
270 b. A detailed map of the land.; and
271 c. A management and monitoring agreement to ensure the land
272 serves a base buffering purpose.
273 Section 7. Subsection (1) and paragraph (a) of subsection
274 (2) of section 288.985, Florida Statutes, are amended to read:
275 288.985 Exemptions from public records and public meetings
276 requirements.—
277 (1) The following records held by the direct-support
278 organization created in s. 288.987 Florida Defense Support Task
279 Force are exempt from s. 119.07(1) and s. 24(a), Art. I of the
280 State Constitution:
281 (a) That portion of a record which relates to strengths and
282 weaknesses of military installations or military missions in
283 this state relative to the selection criteria for the
284 realignment and closure of military bases and missions under any
285 United States Department of Defense base realignment and closure
286 process.
287 (b) That portion of a record which relates to strengths and
288 weaknesses of military installations or military missions in
289 other states or territories and the vulnerability of such
290 installations or missions to base realignment or closure under
291 the United States Department of Defense base realignment and
292 closure process, and any agreements or proposals to relocate or
293 realign military units and missions from other states or
294 territories.
295 (c) That portion of a record which relates to the state’s
296 strategy to retain its military bases during any United States
297 Department of Defense base realignment and closure process and
298 any agreements or proposals to relocate or realign military
299 units and missions.
300 (2)(a) Meetings or portions of meetings of the direct
301 support organization created in s. 288.987 Florida Defense
302 Support Task Force, or a workgroup of the direct-support
303 organization task force, at which records are presented or
304 discussed that are exempt under subsection (1) are exempt from
305 s. 286.011 and s. 24(b), Art. I of the State Constitution.
306 Section 8. Section 288.987, Florida Statutes, is amended to
307 read:
308 288.987 Florida Defense Support Task Force.—
309 (1) The Department of Commerce shall establish a direct
310 support organization to support Florida’s military and defense
311 industries and communities The Florida Defense Support Task
312 Force is created.
313 (a) The direct-support organization is a corporation not
314 for profit, as defined in s. 501(c)(3) of the Internal Revenue
315 Code, which is incorporated under chapter 617 and approved by
316 the Department of State. The direct-support organization is
317 exempt from paying filing fees under chapter 617.
318 (b) The direct-support organization shall operate under
319 contract with the department pursuant to s. 20.60. The contract
320 must provide that:
321 1. The department may review the direct-support
322 organization’s articles of incorporation.
323 2. The direct-support organization shall submit an annual
324 budget proposal to the department, on a form provided by the
325 department, in accordance with department procedures for filing
326 budget proposals based on recommendations of the department.
327 3. Any funds that the direct-support organization holds in
328 trust must revert to the state upon the expiration or
329 cancellation of the contract.
330 4. The direct-support organization is subject to an annual
331 financial and performance review by the department to determine
332 whether the direct-support organization is complying with the
333 terms of the contract and is acting in a manner consistent with
334 the goals of the department and in the best interest of the
335 state.
336 (c) The department must determine and annually certify that
337 the direct-support organization is complying with the terms of
338 the contract and is doing so consistent with the goals and
339 purposes of the organization and in the best interests of the
340 state.
341 (d) The fiscal year of the direct-support organization
342 begins on July 1 and ends on June 30 of the next succeeding
343 year. By August 15 of each fiscal year, the department shall
344 submit a proposed operating budget for the direct-support
345 organization to the Governor, the President of the Senate, and
346 the Speaker of the House of Representatives.
347 (e) The direct-support organization shall provide an annual
348 financial audit in accordance with s. 215.981.
349 (f) The direct-support organization is not an agency for
350 purposes of chapter 120; s. 215.31; chapter 216; ss. 255.21,
351 255.25, and 255.254, relating to leasing of buildings; and ss.
352 283.33 and 283.35, relating to bids for printing.
353 (g) Subject to the approval of the Secretary of Commerce,
354 the department may allow the direct-support organization to use
355 the property, facilities, personnel, and services of the
356 department if the direct-support organization provides equal
357 employment opportunities to all persons regardless of race,
358 color, religion, sex, or national origin.
359 (2)(a) The mission of the direct-support organization task
360 force is to carry out the provisions of this section, to make
361 recommendations to preserve and protect military installations,
362 to assist Florida is for Veterans, Inc., created in s. 295.21,
363 with economic and workforce development efforts in military
364 communities, to conduct planning and research and development to
365 support military missions, businesses, and military families to
366 support the state’s position in research and development related
367 to or arising out of military missions and contracting, and to
368 improve the state’s military-friendly environment for
369 servicemembers, military dependents, military retirees, and
370 businesses that bring military and base-related jobs to the
371 state.
372 (b) The direct-support organization is organized and
373 operated to request, receive, hold, invest, and administer
374 property and to manage and make expenditures related to its
375 mission and for joint planning with host communities to
376 accommodate military missions and prevent base encroachment,
377 provide advocacy on the state’s behalf with federal civilian and
378 military officials, promotion of the state to military and
379 related contractors and employers, and support of economic and
380 product research and development activities of the defense
381 industry.
382 (c) As necessary and requested by Florida is for Veterans,
383 Inc., the direct-support organization may undertake such
384 activities that assist the corporation with job training and
385 placement for military spouses in communities with high
386 proportions of active duty military personnel. As necessary and
387 requested by the Department of Education, school districts, or
388 Florida College System institutions and state universities, the
389 direct-support organization may undertake such activities that
390 assist in providing a smooth transition for dependents of
391 military personnel and other military students. The direct
392 support organization is intended to complement but may not
393 supplant the activities of other state entities.
394 (3) The direct-support organization shall be governed by a
395 board of directors.
396 (a) The board of directors is composed of the Governor, or
397 his or her designee, and the following members task force shall
398 be comprised of the Governor or his or her designee, and 12
399 members appointed as follows:
400 1.(a) Four members appointed by the Governor.
401 2.(b) Four members appointed by the President of the
402 Senate.
403 3.(c) Four members appointed by the Speaker of the House of
404 Representatives.
405 (b)(d) Appointed members must represent defense-related
406 industries or communities that host military bases and
407 installations. All appointments in place as of July 1, 2024,
408 must continue in effect until the expiration of the term must be
409 made by August 1, 2011. Members shall serve for a term of 4
410 years, with the first term ending July 1, 2015. However, if
411 members of the Legislature are appointed to the task force,
412 those members shall serve until the expiration of their
413 legislative term and may be reappointed once. A vacancy shall be
414 filled for the remainder of the unexpired term in the same
415 manner as the initial appointment. All members of the council
416 are eligible for reappointment.
417 (c) The President of the Senate and the Speaker of the
418 House of Representatives shall each appoint a current member of
419 their respective chambers who shall serve ex officio, nonvoting.
420 An appointed senator or representative shall serve until the
421 expiration of the member’s legislative term and may be
422 reappointed once. An appointed senator or representative A
423 member who serves in the Legislature may participate in all
424 direct-support organization task force activities but may not
425 only vote on matters that are advisory.
426 (d)(4) The President of the Senate and the Speaker of the
427 House of Representatives shall each designate one of their
428 appointees under paragraph (a) to serve as chair of the direct
429 support organization task force. The chair shall serve a 2-year
430 term, rotating on December 1 of each even-numbered year rotate
431 each July 1. The appointee designated by the President of the
432 Senate shall serve as initial chair. If the Governor, instead of
433 his or her designee, participates in the activities of the
434 direct-support organization task force, then the Governor shall
435 serve as chair.
436 (e)(5) The Secretary of Commerce Economic Opportunity, or
437 his or her designee, shall serve as the ex officio, nonvoting
438 executive director of the direct-support organization task
439 force.
440 (f) The Executive Director of the Florida Department of
441 Veterans’ Affairs and the Adjutant General of the Florida
442 National Guard, or their designees, shall serve as ex officio,
443 nonvoting members of the direct-support organization.
444 (g) Any employees and appointed board members, in their
445 capacity of service on the board, are not public employees for
446 the purposes of chapter 110 or chapter 112, except that such
447 employees and appointed board members of the corporation are
448 subject to the provisions of s. 112.061, related to
449 reimbursement for travel and per diem exempts incurred while
450 performing duties, and part III of chapter 112. Otherwise, each
451 member of the board of directors shall serve without
452 compensation.
453 (4)(6) The direct-support organization task force shall
454 submit an annual progress report and work plan to the Governor,
455 the President of the Senate, and the Speaker of the House of
456 Representatives each November 1, which may be submitted as a
457 supplement report with the annual report of the department
458 pursuant to s. 20.60 February 1.
459 (5) The direct-support organization, in the performance of
460 its duties, may:
461 (a) Make and enter into contracts and assume such other
462 functions as are necessary to carry out the mission of the
463 direct-support organization and its contract with the
464 department, provided that any such contracts and assumptions are
465 not inconsistent with this section or any other applicable
466 provision of law governing the direct-support organization. A
467 proposed contract with a total cost of $750,000 or more is
468 subject to the notice, review, and objection procedures of s.
469 216.177. If the chair and vice chair of the Legislative Budget
470 Commission, or the President of the Senate and the Speaker of
471 the House of Representatives, timely advise the direct-support
472 organization in writing that such proposed contract is contrary
473 to legislative policy and intent, the direct-support
474 organization may not enter into such proposed contract. The
475 direct-support organization may not divide one proposed contract
476 with a total cost of $750,000 or more into multiple contracts to
477 circumvent the requirements of this paragraph.
478 (b) Establish grant programs and administer grant awards to
479 support its mission. The direct-support organization must
480 publicly adopt guidelines and application procedures and must
481 publish such guidelines, application procedures, and awards on
482 its website. The direct-support organization may assist the
483 department as requested and necessary with any statutorily
484 established grants or other programs, but may not administer
485 such grants on behalf of the department.
486 (7) The department shall support the task force and
487 contract with the task force for expenditure of appropriated
488 funds, which may be used by the task force for economic and
489 product research and development, joint planning with host
490 communities to accommodate military missions and prevent base
491 encroachment, advocacy on the state’s behalf with federal
492 civilian and military officials, assistance to school districts
493 in providing a smooth transition for large numbers of additional
494 military-related students, job training and placement for
495 military spouses in communities with high proportions of active
496 duty military personnel, and promotion of the state to military
497 and related contractors and employers. The task force may
498 (c) Annually spend up to $250,000 of funds appropriated to
499 the department for the direct-support organization task force
500 for staffing and administrative expenses of the direct-support
501 organization task force, including travel and per diem costs
502 incurred by task force members who are not otherwise eligible
503 for state reimbursement.
504 (6) This section is repealed October 1, 2029, unless
505 reviewed and saved from repeal by the Legislature.
506 Section 9. Section 288.102, Florida Statutes, is created to
507 read:
508 288.102 Supply Chain Innovation Grant Program.—
509 (1) The Supply Chain Innovation Grant Program is created
510 within the department to fund, subject to appropriation by the
511 Legislature, proposed projects that support supply chain
512 innovation.
513 (2) The department shall accept applications from ports
514 listed in s. 311.09(1); class I, II, or III freight railroads;
515 public airports as defined in s. 330.27; and intermodal
516 logistics centers or inland ports as defined in s. 311.101(2).
517 (3)(a) The department shall collaborate with the Department
518 of Transportation review applications submitted and select
519 projects for awards which create strategic investments in
520 infrastructure to increase capacity and address freight mobility
521 to meet the economic development goals of the state.
522 (b) Priority must be given to projects with innovative
523 plans, advanced technologies, and development strategies that
524 focus on future growth and economic prosperity of the supply
525 chain across the state.
526 (c) The department, in consultation with the Department of
527 Transportation, must adopt selection criteria that include, but
528 are not limited to, consideration of the project’s:
529 1. Consistency with plans and studies produced by the
530 department, the Department of Transportation, or another state
531 entity.
532 2. Direct increase in efficiency in the delivery of goods.
533 3. Improvement of freight mobility access while reducing
534 congestion. This may include overnight truck parking at rest
535 areas, weigh stations, and intermodal logistics centers.
536 4. Increase of fuel storage and distribution capacity
537 across the state, including, but not limited to, petroleum,
538 hydrogen, ethanol, and natural gas located at seaports and
539 spaceports.
540 5. Ability to secure a sustainable logistics transportation
541 network throughout this state.
542 6. Development of connections to multimodal transportation
543 systems.
544 7. Ability to address emerging supply chain and
545 transportation industry challenges.
546 (d) A public or private entity seeking to develop and
547 establish vertiports in this state may also apply to the
548 department for funding. For purposes of this subsection, the
549 term “vertiport” means a system or infrastructure with
550 supporting services and equipment used for landing, ground
551 handling, and takeoff of manned or unmanned vertical takeoff and
552 landing (VTOL) aircraft.
553 (4) A minimum of a one-to-one match of nonstate resources,
554 including local, federal, or private funds, to the state
555 contribution is required. An award may not be made for a project
556 that is receiving or using state funding from another state
557 source or statutory program, including tax credits. The one-to
558 one match requirement is waived for a public entity located in a
559 fiscally constrained county as defined in s. 218.67(1).
560 (5) Applicants may seek funding for capital expenditures
561 and operations but grant funding awarded under this section may
562 not be used to pay salary and benefits or general business or
563 office expenses. A project may not be awarded the entirety of
564 any appropriation in a fiscal year.
565 (6) The Department of Transportation and the Department of
566 Commerce shall jointly select projects for award. Grants awarded
567 under this program shall be administered by the department.
568 (7) The Department of Commerce, in conjunction with the
569 Department of Transportation, shall annually provide a list of
570 each project awarded, the benefit of each project in meeting the
571 goals and objectives of the program, and the current status of
572 each project. The department shall include such information in
573 its annual incentives report required under s. 20.0065.
574 (8) The department may adopt rules to implement this
575 section.
576 (9) This section expires June 30, 2034.
577 Section 10. Paragraph (e) is added to subsection (2) of
578 section 288.0001, Florida Statutes, to read:
579 288.0001 Economic Development Programs Evaluation.—The
580 Office of Economic and Demographic Research and the Office of
581 Program Policy Analysis and Government Accountability (OPPAGA)
582 shall develop and present to the Governor, the President of the
583 Senate, the Speaker of the House of Representatives, and the
584 chairs of the legislative appropriations committees the Economic
585 Development Programs Evaluation.
586 (2) The Office of Economic and Demographic Research and
587 OPPAGA shall provide a detailed analysis of economic development
588 programs as provided in the following schedule:
589 (e) By January 1, 2027, and every 3 years thereafter, an
590 analysis of the Supply Chain Innovation Grant Program
591 established under s. 288.102.
592 Section 11. Paragraph (a) of subsection (3) of section
593 445.003, Florida Statutes, is amended to read:
594 445.003 Implementation of the federal Workforce Innovation
595 and Opportunity Act.—
596 (3) FUNDING.—
597 (a) Title I, Workforce Innovation and Opportunity Act
598 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
599 expended based on the 4-year plan of the state board. The plan
600 must outline and direct the method used to administer and
601 coordinate various funds and programs that are operated by
602 various agencies. The following provisions apply to these funds:
603 1. At least 50 percent of the Title I funds for Adults and
604 Dislocated Workers which are passed through to local workforce
605 development boards shall be allocated to and expended on
606 Individual Training Accounts unless a local workforce
607 development board obtains a waiver from the state board.
608 Tuition, books, and fees of training providers and other
609 training services prescribed and authorized by the Workforce
610 Innovation and Opportunity Act qualify as Individual Training
611 Account expenditures.
612 2. Fifteen percent of Title I funding shall be retained at
613 the state level and dedicated to state administration and shall
614 be used to design, develop, induce, fund, and evaluate the long
615 term impact of innovative Individual Training Account pilots,
616 demonstrations, and programs to enable participants to attain
617 self-sufficiency and to evaluate the effectiveness of
618 performance-based contracts used by local workforce development
619 boards under s. 445.024(5) on increasing wages and employment
620 over the long term. Of such funds retained at the state level,
621 $2 million may be reserved for the Incumbent Worker Training
622 Program created under subparagraph 3. Eligible state
623 administration costs include the costs of funding for the state
624 board and state board staff; operating fiscal, compliance, and
625 management accountability systems through the department;
626 conducting evaluation and research on workforce development
627 activities; and providing technical and capacity building
628 assistance to local workforce development areas at the direction
629 of the state board. Notwithstanding s. 445.004, such
630 administrative costs may not exceed 25 percent of these funds.
631 An amount not to exceed 75 percent of these funds shall be
632 allocated to Individual Training Accounts and other workforce
633 development strategies for other training designed and tailored
634 by the state board in consultation with the department,
635 including, but not limited to, programs for incumbent workers,
636 nontraditional employment, and enterprise zones. The state
637 board, in consultation with the department, shall design, adopt,
638 and fund Individual Training Accounts for distressed urban and
639 rural communities.
640 3. The Incumbent Worker Training Program is created for the
641 purpose of providing grant funding for continuing education and
642 training of incumbent employees at existing Florida businesses.
643 The program will provide reimbursement grants to businesses that
644 pay for preapproved, direct, training-related costs. For
645 purposes of this subparagraph, the term “businesses” includes
646 hospitals and health care facilities operated by nonprofit or
647 local government entities which provide nursing or allied health
648 care opportunities to acquire new or improved skills.
649 a. The Incumbent Worker Training Program will be
650 administered by CareerSource Florida, Inc., which may, at its
651 discretion, contract with a private business organization to
652 serve as grant administrator.
653 b. The program shall be administered under s. 134(d)(4) of
654 the Workforce Innovation and Opportunity Act. Funding priority
655 shall be given in the following order:
656 (I) Businesses that provide employees with opportunities to
657 acquire new or improved skills by earning a credential on the
658 Master Credentials List.
659 (II) Hospitals or health care facilities operated by
660 nonprofit or local government entities that provide nursing
661 opportunities in health care to acquire new or improved skills.
662 (III) Businesses whose grant proposals represent a
663 significant upgrade in employee skills.
664 (IV) Businesses with 25 employees or fewer, businesses in
665 rural areas, and businesses in distressed inner-city areas.
666 (V) Businesses in a qualified targeted industry or
667 businesses whose grant proposals represent a significant layoff
668 avoidance strategy.
669 c. All costs reimbursed by the program must be preapproved
670 by CareerSource Florida, Inc., or the grant administrator. The
671 program may not reimburse businesses for trainee wages, the
672 purchase of capital equipment, or the purchase of any item or
673 service that may possibly be used outside the training project.
674 A business approved for a grant may be reimbursed for
675 preapproved, direct, training-related costs including tuition,
676 fees, books and training materials, and overhead or indirect
677 costs not to exceed 5 percent of the grant amount.
678 d. A business that is selected to receive grant funding
679 must provide a matching contribution to the training project,
680 including, but not limited to, wages paid to trainees or the
681 purchase of capital equipment used in the training project; must
682 sign an agreement with CareerSource Florida, Inc., or the grant
683 administrator to complete the training project as proposed in
684 the application; must keep accurate records of the project’s
685 implementation process; and must submit monthly or quarterly
686 reimbursement requests with required documentation.
687 e. All Incumbent Worker Training Program grant projects
688 shall be performance-based with specific measurable performance
689 outcomes, including completion of the training project and job
690 retention. CareerSource Florida, Inc., or the grant
691 administrator shall withhold the final payment to the grantee
692 until a final grant report is submitted and all performance
693 criteria specified in the grant contract have been achieved.
694 f. The state board may establish guidelines necessary to
695 implement the Incumbent Worker Training Program.
696 g. No more than 10 percent of the Incumbent Worker Training
697 Program’s total appropriation may be used for overhead or
698 indirect purposes.
699 4. At least 50 percent of Rapid Response funding shall be
700 dedicated to Intensive Services Accounts and Individual Training
701 Accounts for dislocated workers and incumbent workers who are at
702 risk of dislocation. The department shall also maintain an
703 Emergency Preparedness Fund from Rapid Response funds, which
704 will immediately issue Intensive Service Accounts, Individual
705 Training Accounts, and other federally authorized assistance to
706 eligible victims of natural or other disasters. At the direction
707 of the Governor, these Rapid Response funds shall be released to
708 local workforce development boards for immediate use after
709 events that qualify under federal law. Funding shall also be
710 dedicated to maintain a unit at the state level to respond to
711 Rapid Response emergencies and to work with state emergency
712 management officials and local workforce development boards. All
713 Rapid Response funds must be expended based on a plan developed
714 by the state board in consultation with the department and
715 approved by the Governor.
716 Section 12. Paragraph (a) of subsection (3) of section
717 445.004, Florida Statutes, is amended to read:
718 445.004 CareerSource Florida, Inc., and the state board;
719 creation; purpose; membership; duties and powers.—
720 (3)(a) Members of the state board described in Pub. L. No.
721 113-128, Title I, s. 101(b)(1)(C)(iii)(I)(aa) are voting
722 nonvoting members. The number of members is determined by the
723 Governor, who shall consider the importance of minority, gender,
724 and geographic representation in making appointments to the
725 state board. When the Governor is in attendance, he or she shall
726 preside at all meetings of the state board.
727 Section 13. Section 720.406, Florida Statutes, is amended
728 to read:
729 720.406 Department of Commerce Economic Opportunity;
730 submission; review and determination.—
731 (1) Within No later than 60 days after obtaining valid
732 written consent from a majority of the affected parcel owners,
733 or within 60 days after the date the proposed revived
734 declaration and other governing documents are approved by the
735 affected parcel owners by vote at a meeting, the organizing
736 committee or its designee must submit the proposed revived
737 governing documents and supporting materials to the Department
738 of Commerce Economic Opportunity to review and determine whether
739 to approve or disapprove of the proposal to preserve the
740 residential community. The submission to the department must
741 include:
742 (a) The full text of the proposed revived declaration of
743 covenants and articles of incorporation and bylaws of the
744 homeowners’ association.;
745 (b) A verified copy of the previous declaration of
746 covenants and other previous governing documents for the
747 community, including any amendments thereto.;
748 (c) The legal description of each parcel to be subject to
749 the revived declaration and other governing documents and a plat
750 or other graphic depiction of the affected properties in the
751 community.;
752 (d) A verified copy of the written consents of the
753 requisite number of the affected parcel owners approving the
754 revived declaration and other governing documents or, if
755 approval was obtained by a vote at a meeting of affected parcel
756 owners, verified copies of the notice of the meeting,
757 attendance, and voting results.;
758 (e) An affidavit by a current or former officer of the
759 association or by a member of the organizing committee verifying
760 that the requirements for the revived declaration set forth in
761 s. 720.404 have been satisfied.; and
762 (f) Such other documentation that the organizing committee
763 believes is supportive of the policy of preserving the
764 residential community and operating, managing, and maintaining
765 the infrastructure, aesthetic character, and common areas
766 serving the residential community.
767 (2) Within No later than 60 days after receiving the
768 submission, the department must determine whether the proposed
769 revived declaration of covenants and other governing documents
770 comply with the requirements of this act.
771 (a) If the department determines that the proposed revived
772 declaration and other governing documents comply with the act
773 and have been approved by the parcel owners as required by this
774 act, the department shall notify the organizing committee in
775 writing of its approval.
776 (b) If the department determines that the proposed revived
777 declaration and other governing documents do not comply with,
778 this act or have not been approved as required by, this act, the
779 department shall notify the organizing committee in writing that
780 it does not approve the governing documents and shall state the
781 reasons for the disapproval.
782 Section 14. Effective upon becoming a law, the Department
783 of Commerce is authorized to amend a loan agreement executed
784 before February 1, 2024, and made pursuant to s. 288.066,
785 Florida Statutes, in order to increase the loan term to a total
786 of 10 years from the original date of execution, as authorized
787 by this act, upon request of the local government and as
788 determined by the department to be in the best interests of the
789 state.
790 Section 15. Except as otherwise expressly provided in this
791 act and except for this section, which shall take effect upon
792 this act becoming a law, this act shall take effect July 1,
793 2024.