Bill Text: FL S1204 | 2012 | Regular Session | Comm Sub
Bill Title: Governmental Reorganization
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-03-05 - Laid on Table, refer to CS/HB 7041 -SJ 789 [S1204 Detail]
Download: Florida-2012-S1204-Comm_Sub.html
Florida Senate - 2012 CS for SB 1204
By the Committees on Commerce and Tourism; and Commerce and
Tourism
577-02028-12 20121204c1
1 A bill to be entitled
2 An act relating to governmental reorganization;
3 amending ss. 68.096, 68.105, 159.81, 163.2517,
4 163.3178, 163.3191, 163.3204, 163.3221, 163.3246,
5 163.3247, 163.336, 163.458, 163.460, 163.461, 163.462,
6 163.5055, 163.506, 163.508, 163.511, 163.512, 212.096,
7 213.053, 215.55865, 218.411, 220.153, 220.183,
8 220.194, 258.501, 259.042, 259.101, 282.201, 288.021,
9 288.1045, 288.106, 288.108, 288.1083, 288.1089,
10 288.1097, 288.11621, 288.1168, 288.1171, 288.1254,
11 288.714, 288.7102, 288.987, 290.0055, 290.0065,
12 290.00726, 290.00727, 290.00728, 311.09, 320.08058,
13 339.135, 342.201, 377.703, 377.809, 380.06, 402.56,
14 403.0891, 420.503, 420.507, 420.101, 420.0005,
15 420.0006, 443.036, 443.091, 443.111, 443.141,
16 443.1715, 443.17161, 446.50, 450.261, 509.032,
17 624.5105, 1002.75, and 1002.79, F.S.; correcting
18 references to agency names and divisions and
19 correcting cross-references to conform to the
20 governmental reorganization resulting from the
21 enactment of chapter 2011-142, Laws of Florida; making
22 technical and grammatical changes; amending s.
23 163.3178, F.S.; deleting obsolete provisions related
24 to countywide marina siting plans; conforming a cross
25 reference; amending s. 259.035, F.S.; correcting a
26 reference to the number of members of the Acquisition
27 and Restoration Council; amending s. 288.12265, F.S.;
28 authorizing Enterprise Florida, Inc., to contract with
29 the Florida Tourism Industry Marketing Corporation for
30 management and operation of welcome centers; amending
31 s. 288.901, F.S.; limiting the requirement that
32 members of the board of directors of Enterprise
33 Florida, Inc., be confirmed by the Senate to those
34 members who are appointed by the Governor; amending s.
35 288.980, F.S.; changing a reference to the Office of
36 Tourism, Trade, and Economic Development to the
37 Department of Economic Opportunity; correcting the
38 number of grant programs relating to the Florida
39 Economic Reinvestment Initiative; amending s.
40 331.3081, F.S.; adding the Governor or the Governor’s
41 designee as a member and chair of the board of
42 directors of Space Florida; deleting provisions
43 establishing the Space Florida advisory council;
44 amending s. 20.60, F.S.; establishing the Division of
45 Information Technology within the Department of
46 Economic Opportunity; repealing s. 163.03, F.S.,
47 relating to the powers and duties of the Secretary of
48 Community Affairs and functions of Department of
49 Community Affairs with respect to federal grant-in-aid
50 programs; amending s. 373.461, F.S.; removing obsolete
51 provisions related to the purchase of land for the
52 restoration of the Lake Apopka Basin; repealing s.
53 379.2353, F.S., relating to the designation of
54 enterprise zones in communities suffering adverse
55 impacts from the adoption of the constitutional
56 amendment limiting the use of nets to harvest marine
57 species; providing an effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Subsection (1) of section 68.096, Florida
62 Statutes, is amended to read:
63 68.096 Definitions.—For purposes of this act:
64 (1) “Department” means the Department of Legal Community
65 Affairs.
66 Section 2. Section 68.105, Florida Statutes, is amended to
67 read:
68 68.105 Use of funds; reports.—All appropriations made for
69 the purposes of the Florida Access to Civil Legal Assistance
70 this Act shall only be used only for legal education or
71 assistance in family law, juvenile law, entitlement to federal
72 benefits, protection from domestic violence, elder abuse, child
73 abuse, or immigration law. These funds may shall not be used in
74 criminal or postconviction relief matters;, for lobbying
75 activities;, to sue the state, its agencies or political
76 subdivisions, or colleges or universities;, for class action
77 lawsuits, to provide legal assistance with respect to
78 noncriminal infractions pursuant to chapter 316, chapter 318,
79 chapter 320, or chapter 322;, to contest regulatory decisions of
80 any municipal, county, or state administrative or legislative
81 body;, or to file or assist in the filing of private causes of
82 action under federal or state statutes relating to or arising
83 out of employment or terms or conditions of employment. The
84 contracting organization shall require pilot projects to provide
85 data on the number of clients served, the types of cases, the
86 reasons the cases were closed, and the state dollars saved and
87 federal dollars brought into the state because of the legal
88 services provided. The contracting organization shall provide to
89 the department of Community Affairs, within 60 days after
90 completing of the completion of the contract, a report on the
91 legal services provided, the state dollars saved, and the
92 federal dollars brought into the state.
93 Section 3. Subsection (1) of section 159.81, Florida
94 Statutes, is amended to read:
95 159.81 Unused allocations; carryforwards.—
96 (1) The division shall, when requested, provide
97 carryforwards pursuant to s. 146(f) of the Code for written
98 confirmations for priority projects which qualify for a
99 carryforward pursuant to s. 146(f) of the Code, if such request
100 is accompanied by an opinion of bond counsel to that effect. In
101 addition, in the case of Florida First Business projects, the
102 division shall, when requested, grant requests for carryforward
103 only after receipt of a certification from the Department of
104 Economic Opportunity Office of Tourism, Trade, and Economic
105 Development that the project has been approved by the such
106 department office to receive carryforward.
107 Section 4. Paragraph (b) of subsection (6) of section
108 163.2517, Florida Statutes, is amended to read:
109 163.2517 Designation of urban infill and redevelopment
110 area.—
111 (6)
112 (b) If the local government fails to implement the urban
113 infill and redevelopment plan in accordance with the deadlines
114 set forth in the plan, the state land planning agency Department
115 of Community Affairs may seek to rescind the economic and
116 regulatory incentives granted to the urban infill and
117 redevelopment area, subject to the provisions of chapter 120.
118 The action to rescind may be initiated 90 days after issuing a
119 written letter of warning to the local government.
120 Section 5. Paragraph (h) of subsection (2) and subsections
121 (3) and (6) of section 163.3178, Florida Statutes, are amended,
122 and present subsections (7) through (9) of that section are
123 renumbered as subsections (6) through (8), respectively, to
124 read:
125 163.3178 Coastal management.—
126 (2) Each coastal management element required by s.
127 163.3177(6)(g) shall be based on studies, surveys, and data; be
128 consistent with coastal resource plans prepared and adopted
129 pursuant to general or special law; and contain:
130 (h) Designation of coastal high-hazard areas and the
131 criteria for mitigation for a comprehensive plan amendment in a
132 coastal high-hazard area as defined in subsection (8) (9). The
133 coastal high-hazard area is the area below the elevation of the
134 category 1 storm surge line as established by a Sea, Lake, and
135 Overland Surges from Hurricanes (SLOSH) computerized storm surge
136 model. Application of mitigation and the application of
137 development and redevelopment policies, pursuant to s.
138 380.27(2), and any rules adopted thereunder, shall be at the
139 discretion of local government.
140 (3) Expansions to port harbors, spoil disposal sites,
141 navigation channels, turning basins, harbor berths, and other
142 related inwater harbor facilities of ports listed in s.
143 403.021(9); port transportation facilities and projects listed
144 in s. 311.07(3)(b); intermodal transportation facilities
145 identified pursuant to s. 311.09(3); and facilities determined
146 by the state land planning agency Department of Community
147 Affairs and applicable general-purpose local government to be
148 port-related industrial or commercial projects located within 3
149 miles of or in a port master plan area which rely upon the use
150 of port and intermodal transportation facilities may shall not
151 be designated as developments of regional impact if such
152 expansions, projects, or facilities are consistent with
153 comprehensive master plans that are in compliance with this
154 section.
155 (6) Local governments are encouraged to adopt countywide
156 marina siting plans to designate sites for existing and future
157 marinas. The Coastal Resources Interagency Management Committee,
158 at the direction of the Legislature, shall identify incentives
159 to encourage local governments to adopt such siting plans and
160 uniform criteria and standards to be used by local governments
161 to implement state goals, objectives, and policies relating to
162 marina siting. These criteria must ensure that priority is given
163 to water-dependent land uses. Countywide marina siting plans
164 must be consistent with state and regional environmental
165 planning policies and standards. Each local government in the
166 coastal area which participates in adoption of a countywide
167 marina siting plan shall incorporate the plan into the coastal
168 management element of its local comprehensive plan.
169 Section 6. Subsection (3) of section 163.3191, Florida
170 Statutes, is amended to read:
171 163.3191 Evaluation and appraisal of comprehensive plan.—
172 (3) Local governments are encouraged to comprehensively
173 evaluate and, as necessary, update comprehensive plans to
174 reflect changes in local conditions. Plan amendments transmitted
175 pursuant to this section shall be reviewed pursuant to in
176 accordance with s. 163.3184(4).
177 Section 7. Section 163.3204, Florida Statutes, is amended
178 to read:
179 163.3204 Cooperation by state and regional agencies.—The
180 state land planning agency Department of Community Affairs and
181 any ad hoc working groups appointed by the department and all
182 state and regional agencies involved in the administration and
183 implementation of the Community Planning this Act shall
184 cooperate and work with units of local government in the
185 preparation and adoption of comprehensive plans, or elements or
186 portions thereof, and of local land development regulations.
187 Section 8. Subsection (14) of section 163.3221, Florida
188 Statutes, is amended to read:
189 163.3221 Florida Local Government Development Agreement
190 Act; definitions.—As used in ss. 163.3220-163.3243:
191 (14) “State land planning agency” means the Department of
192 Economic Opportunity Community Affairs.
193 Section 9. Subsection (1) of section 163.3246, Florida
194 Statutes, is amended to read:
195 163.3246 Local government comprehensive planning
196 certification program.—
197 (1) There is created the Local Government Comprehensive
198 Planning Certification Program to be administered by the state
199 land planning agency Department of Community Affairs. The
200 purpose of the program is to create a certification process for
201 local governments who identify a geographic area for
202 certification within which they commit to directing growth and
203 who, because of a demonstrated record of effectively adopting,
204 implementing, and enforcing its comprehensive plan, the level of
205 technical planning experience exhibited by the local government,
206 and a commitment to implement exemplary planning practices,
207 require less state and regional oversight of the comprehensive
208 plan amendment process. The purpose of the certification area is
209 to designate areas that are contiguous, compact, and appropriate
210 for urban growth and development within a 10-year planning
211 timeframe. Municipalities and counties are encouraged to jointly
212 establish the certification area, and subsequently enter into
213 joint certification agreement with the department.
214 Section 10. Paragraphs (a) and (b) of subsection (5) of
215 section 163.3247, Florida Statutes, are amended to read:
216 163.3247 Century Commission for a Sustainable Florida.—
217 (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.—
218 (a) The executive director of the state land planning
219 agency Secretary of Community Affairs shall select an executive
220 director of the commission, and the executive director of the
221 commission shall serve at the pleasure of the executive director
222 of the state land planning agency secretary under the
223 supervision and control of the commission.
224 (b) The state land planning agency Department of Community
225 Affairs shall provide staff and other resources necessary to
226 accomplish the goals of the commission based upon
227 recommendations of the Governor.
228 Section 11. Paragraph (c) of subsection (2) of section
229 163.336, Florida Statutes, is amended to read:
230 163.336 Coastal resort area redevelopment pilot project.—
231 (2) PILOT PROJECT ADMINISTRATION.—
232 (c) The Office of the Governor, the Department of
233 Environmental Protection, and the Department of Economic
234 Opportunity Community Affairs are directed to provide technical
235 assistance to expedite permitting for redevelopment projects and
236 construction activities within the pilot project areas
237 consistent with the principles, processes, and timeframes
238 provided in s. 403.973.
239 Section 12. Section 163.458, Florida Statutes, is amended
240 to read:
241 163.458 Three-tiered plan.—The Department of Economic
242 Opportunity may Community Affairs is authorized to award core
243 administrative and operating grants. Administrative and
244 operating grants shall be used for staff salaries and
245 administrative expenses for eligible community-based development
246 organizations selected through a competitive three-tiered
247 process for the purpose of housing and economic development
248 projects. The department shall adopt by rule a set of criteria
249 for three-tiered funding which that shall ensure equitable
250 geographic distribution of the funding throughout the state.
251 This three-tiered plan shall include emerging, intermediate, and
252 mature community-based development organizations recognizing the
253 varying needs of the three tiers. Funding shall be provided for
254 core administrative and operating grants for all levels of
255 community-based development organizations. Priority shall be
256 given to those organizations that demonstrate community-based
257 productivity and high performance as evidenced by past projects
258 developed with stakeholder input that have responded to
259 neighborhood needs, and have current projects located in high
260 poverty neighborhoods, and to emerging community-based
261 development corporations that demonstrate a positive need
262 identified by stakeholders. Persons, equipment, supplies, and
263 other resources funded in whole or in part by grant funds shall
264 be used utilized to further the purposes of the Community-Based
265 Development Organization Assistance this Act, and may be used
266 utilized to further the goals and objectives of the Front Porch
267 Florida Initiative. Each community-based development
268 organization is shall be eligible to apply for a grant of up to
269 $50,000 per year for a period of 5 years.
270 Section 13. Section 163.460, Florida Statutes, is amended
271 to read:
272 163.460 Application requirements.—A community-based
273 development organization applying for a core administrative and
274 operating grant pursuant to the Community-Based Development
275 Organization Assistance this Act must submit a proposal to the
276 Department of Economic Opportunity which Community Affairs that
277 includes:
278 (1) A map and narrative description of the service areas
279 for the community-based development organization.
280 (2) A copy of the documents creating the community-based
281 development organization.
282 (3) A listing of the membership of the board of the
283 community-based development organization, including individual
284 members’ terms of office and the number of low-income residents
285 on the board.
286 (4) The organization’s annual revitalization plan that
287 describes the expenditure of the funds, including goals,
288 objectives, and expected results, and has a clear relationship
289 to the local municipality’s comprehensive plan.
290 (5) Other supporting information that may be required by
291 the Department of Economic Opportunity Community Affairs to
292 determine the organization’s capacity and productivity.
293 (6) A description of the location, financing plan, and
294 potential impact of the business enterprises on residential,
295 commercial, or industrial development, which that shows a clear
296 relationship to the organization’s annual revitalization plan
297 and demonstrates how the proposed expenditures are directly
298 related to the scope of work for the proposed projects in the
299 annual revitalization plan.
300 Section 14. Section 163.461, Florida Statutes, is amended
301 to read:
302 163.461 Reporting and evaluation requirements.—Community
303 based development organizations that receive funds under the
304 Community-Based Development Organization Assistance this Act
305 shall provide the following information to the Department of
306 Economic Opportunity Community Affairs annually:
307 (1) A listing of business firms and individuals assisted by
308 the community-based development organization during the
309 reporting period.
310 (2) A listing of the type, source, purpose, and amount of
311 each individual grant, loan, or donation received by the
312 community-based development organization during the reporting
313 period.
314 (3) The number of paid and voluntary positions within the
315 community-based development organization.
316 (4) A listing of the salaries and administrative and
317 operating expenses of the community-based development
318 organization.
319 (5) An identification and explanation of changes in the
320 boundaries of the target area.
321 (6) The amount of earned income from projects, programs,
322 and development activities.
323 (7) The number and description of projects in
324 predevelopment phase, projects under construction, ongoing
325 service programs, construction projects completed, and projects
326 at sell-out or lease-up and property management phase, and a
327 written explanation of the reasons that caused any projects not
328 to be completed for the projected development phase.
329 (8) The impact of the projects, as a result of receiving
330 funding under this act, on residents in the target area, and the
331 relationship of this impact to expected outcomes listed in the
332 organization’s annual revitalization plan.
333 (9) The number of housing units rehabilitated or
334 constructed at various stages of development, predevelopment
335 phase, construction phase, completion and sell-out or lease-up
336 phase, and condominium or property management phase by the
337 community-based development organization within the service area
338 during the reporting period.
339 (10) The number of housing units, number of projects, and
340 number of persons served by prior projects developed by the
341 organization, the amounts of project financing leverage with
342 state funds for each prior and current project, and the
343 incremental amounts of local and state real estate tax and sales
344 tax revenue generated directly by the projects and programs
345 annually.
346 (11) The number of jobs, both permanent and temporary,
347 received by individuals who were directly assisted by the
348 community-based development organization through assistance to
349 the business such as a loan or other credit assistance.
350 (12) An identification and explanation of changes in the
351 boundaries of the service area.
352 (13) The impact of completed projects on residents in the
353 target area and the relationship of this impact to expected
354 outcomes listed in the organization’s annual revitalization
355 plan.
356 (14) Such other information as the Department of Economic
357 Opportunity Community Affairs requires.
358 Section 15. Section 163.462, Florida Statutes, is amended
359 to read:
360 163.462 Rulemaking authority.—The Department of Economic
361 Opportunity Community Affairs shall adopt rules for the
362 administration of the Community-Based Development Organization
363 Assistance this Act.
364 Section 16. Subsection (1) of section 163.5055, Florida
365 Statutes, is amended to read:
366 163.5055 Registration of district establishment; notice of
367 dissolution.—
368 (1)(a) Each neighborhood improvement district authorized
369 and established under this part shall within 30 days thereof
370 register with both the Department of Economic Opportunity
371 Community Affairs and the Department of Legal Affairs by
372 providing these departments with the district’s name, location,
373 size, and type, and such other information as the departments
374 may require.
375 (b) Each local governing body that which authorizes the
376 dissolution of a district shall notify both the Department of
377 Economic Opportunity Community Affairs and the Department of
378 Legal Affairs within 30 days after the dissolution of the
379 district.
380 Section 17. Paragraph (h) of subsection (1) of section
381 163.506, Florida Statutes, is amended to read:
382 163.506 Local government neighborhood improvement
383 districts; creation; advisory council; dissolution.—
384 (1) After a local planning ordinance has been adopted
385 authorizing the creation of local government neighborhood
386 improvement districts, the local governing body of a
387 municipality or county may create local government neighborhood
388 improvement districts by the enactment of a separate ordinance
389 for each district, which ordinance:
390 (h) Requires the district to notify the Department of Legal
391 Affairs and the Department of Economic Opportunity Community
392 Affairs in writing of its establishment within 30 days thereof
393 pursuant to s. 163.5055.
394 Section 18. Paragraph (g) of subsection (1) of section
395 163.508, Florida Statutes, is amended to read:
396 163.508 Property owners’ association neighborhood
397 improvement districts; creation; powers and duties; duration.—
398 (1) After a local planning ordinance has been adopted
399 authorizing the creation of property owners’ association
400 neighborhood improvement districts, the local governing body of
401 a municipality or county may create property owners’ association
402 neighborhood improvement districts by the enactment of a
403 separate ordinance for each district, which ordinance:
404 (g) Requires the district to notify the Department of Legal
405 Affairs and the Department of Economic Opportunity Community
406 Affairs in writing of its establishment within 30 days thereof
407 pursuant to s. 163.5055.
408 Section 19. Paragraph (i) of subsection (1) of section
409 163.511, Florida Statutes, is amended to read:
410 163.511 Special neighborhood improvement districts;
411 creation; referendum; board of directors; duration; extension.—
412 (1) After a local planning ordinance has been adopted
413 authorizing the creation of special neighborhood improvement
414 districts, the governing body of a municipality or county may
415 declare the need for and create special residential or business
416 neighborhood improvement districts by the enactment of a
417 separate ordinance for each district, which ordinance:
418 (i) Requires the district to notify the Department of Legal
419 Affairs and the Department of Economic Opportunity Community
420 Affairs in writing of its establishment within 30 days thereof
421 pursuant to s. 163.5055.
422 Section 20. Paragraph (i) of subsection (1) of section
423 163.512, Florida Statutes, is amended to read:
424 163.512 Community redevelopment neighborhood improvement
425 districts; creation; advisory council; dissolution.—
426 (1) Upon the recommendation of the community redevelopment
427 agency and after a local planning ordinance has been adopted
428 authorizing the creation of community redevelopment neighborhood
429 improvement districts, the local governing body of a
430 municipality or county may create community redevelopment
431 neighborhood improvement districts by the enactment of a
432 separate ordinance for each district, which ordinance:
433 (i) Requires the district to notify the Department of Legal
434 Affairs and the Department of Economic Opportunity Community
435 Affairs in writing of its establishment within 30 days thereof
436 pursuant to s. 163.5055.
437 Section 21. Paragraph (d) of subsection (1) of section
438 212.096, Florida Statutes, is amended to read:
439 212.096 Sales, rental, storage, use tax; enterprise zone
440 jobs credit against sales tax.—
441 (1) For the purposes of the credit provided in this
442 section:
443 (d) “Job” means a full-time position, as consistent with
444 terms used by the Department of Economic Opportunity Agency for
445 Workforce Innovation and the United States Department of Labor
446 for purposes of unemployment compensation tax administration and
447 employment estimation resulting directly from a business
448 operation in this state. This term does may not include a
449 temporary construction job involved with the construction of
450 facilities or any job that has previously been included in any
451 application for tax credits under s. 220.181(1). The term also
452 includes employment of an employee leased from an employee
453 leasing company licensed under chapter 468 if such employee has
454 been continuously leased to the employer for an average of at
455 least 36 hours per week for more than 6 months.
456
457 A person shall be deemed to be employed if the person performs
458 duties in connection with the operations of the business on a
459 regular, full-time basis, provided the person is performing such
460 duties for an average of at least 36 hours per week each month.
461 The person must be performing such duties at a business site
462 located in the enterprise zone.
463 Section 22. Paragraphs (k) and (bb) of subsection (8) of
464 section 213.053, Florida Statutes, are amended, and present
465 paragraphs (l) through (bb) of that subsection are redesignated
466 as paragraphs (k) through (aa), respectively, to read:
467 213.053 Confidentiality and information sharing.—
468 (8) Notwithstanding any other provision of this section,
469 the department may provide:
470 (k) Information relative to single sales factor
471 apportionment used by a taxpayer to the Office of Tourism,
472 Trade, and Economic Development or its employees or agents who
473 are identified in writing by the office to the department for
474 use by the office to administer s. 220.153.
475 (aa)(bb) Information relating to tax credits taken under s.
476 220.194 to the Office of Tourism, Trade, and Economic
477 Development or to Space Florida.
478
479 Disclosure of information under this subsection shall be
480 pursuant to a written agreement between the executive director
481 and the agency. Such agencies, governmental or nongovernmental,
482 shall be bound by the same requirements of confidentiality as
483 the Department of Revenue. Breach of confidentiality is a
484 misdemeanor of the first degree, punishable as provided by s.
485 775.082 or s. 775.083.
486 Section 23. Section 215.55865, Florida Statutes, is amended
487 to read:
488 215.55865 Uniform home grading scale.—The Financial
489 Services Commission shall adopt a uniform home grading scale to
490 grade the ability of a home to withstand the wind load from a
491 sustained severe tropical storm or hurricane. The commission
492 shall coordinate with the Office of Insurance Regulation, the
493 Department of Financial Services, and the Florida Building
494 Commission Department of Community Affairs in developing the
495 grading scale, which must be based upon and consistent with the
496 rating system required by chapter 2006-12, Laws of Florida. The
497 commission shall adopt the uniform grading scale by rule no
498 later than June 30, 2007.
499 Section 24. Paragraph (c) of subsection (1) of section
500 218.411, Florida Statutes, is amended to read:
501 218.411 Authorization for state technical and advisory
502 assistance.—
503 (1) The board is authorized, upon request, to assist local
504 governments in investing funds that are temporarily in excess of
505 operating needs by:
506 (c) Providing, in cooperation with the Department of
507 Economic Opportunity Community Affairs, technical assistance to
508 local governments in investment of surplus funds.
509 Section 25. Subsections (1), (2), and (3), paragraphs (b)
510 and (c) of subsection (4), and subsection (5) of section
511 220.153, Florida Statutes, are amended to read:
512 220.153 Apportionment by sales factor.—
513 (1) DEFINITIONS.—As used in this section, the term:
514 (a) “Office” means the Office of Tourism, Trade, and
515 Economic Development.
516 (b) “qualified capital expenditures” means expenditures in
517 this state for purposes substantially related to a business’s
518 production or sale of goods or services. The expenditure must
519 fund the acquisition of additional real property (land,
520 buildings, including appurtenances, fixtures and fixed
521 equipment, structures, etc.), including additions, replacements,
522 major repairs, and renovations to real property which materially
523 extend its useful life or materially improve or change its
524 functional use and the furniture and equipment necessary to
525 furnish and operate a new or improved facility. The term
526 “qualified capital expenditures” does not include an expenditure
527 for a passive investment or for an investment intended for the
528 accumulation of reserves or the realization of profit for
529 distribution to any person holding an ownership interest in the
530 business. The term “qualified capital expenditures” does not
531 include expenditures to acquire an existing business or
532 expenditures in excess of $125 million to acquire land or
533 buildings.
534 (2) APPORTIONMENT OF TAXES; ELIGIBILITY.—A taxpayer, not
535 including a financial organization as defined in s. 220.15(6) or
536 a bank, savings association, international banking facility, or
537 banking organization as defined in s. 220.62, doing business
538 within and without this state, who applies and demonstrates to
539 the Department of Economic Opportunity office that, within a 2
540 year period beginning on or after July 1, 2011, it has made
541 qualified capital expenditures equal to or exceeding $250
542 million may apportion its adjusted federal income solely by the
543 sales factor set forth in s. 220.15(5), commencing in the
544 taxable year that the Department of Economic Opportunity office
545 approves the application, but not before a taxable year that
546 begins on or after January 1, 2013. Once approved, a taxpayer
547 may elect to apportion its adjusted federal income for any
548 taxable year using the method provided under this section or the
549 method provided under s. 220.15.
550 (3) QUALIFICATION PROCESS.—
551 (a) To qualify as a taxpayer who is eligible to apportion
552 its adjusted federal income under this section:
553 1. The taxpayer must notify the Department of Economic
554 Opportunity office of its intent to submit an application to
555 apportion its adjusted federal income in order to commence the
556 2-year period for measuring qualified capital expenditures.
557 2. The taxpayer must submit an application to apportion its
558 adjusted federal income under this section to the Department of
559 Economic Opportunity office within 2 years after notifying the
560 Department of Economic Opportunity office of the taxpayer’s
561 intent to qualify. The application must be made under oath and
562 provide such information as the Department of Economic
563 Opportunity office reasonably requires by rule for determining
564 the applicant’s eligibility to apportion adjusted federal income
565 under this section. The taxpayer is responsible for
566 affirmatively demonstrating to the satisfaction of the
567 Department of Economic Opportunity office that it meets the
568 eligibility requirements.
569 (b) The taxpayer notice and application forms shall be
570 established by the Department of Economic Opportunity office by
571 rule. The Department of Economic Opportunity office shall
572 acknowledge receipt of the notice and approve or deny the
573 application in writing within 45 days after receipt.
574 (4) REVIEW AUTHORITY; RECAPTURE OF TAX.—
575 (b) The Department of Economic Opportunity office may, by
576 order, revoke its decision to grant eligibility for
577 apportionment pursuant to this section, and may also order the
578 recalculation of apportionment factors to those applicable under
579 s. 220.15 if, as the result of an audit, investigation, or
580 examination, it determines that information provided by the
581 taxpayer in the application, or in a statement, representation,
582 record, report, plan, or other document provided to the
583 Department of Economic Opportunity office to become eligible for
584 apportionment, was materially false at the time it was made and
585 that an individual acting on behalf of the taxpayer knew, or
586 should have known, that the information submitted was false. The
587 taxpayer shall pay such additional taxes and interest as may be
588 due pursuant to this chapter computed as the difference between
589 the tax that would have been due under the apportionment formula
590 provided in s. 220.15 for such years and the tax actually paid.
591 In addition, the department shall assess a penalty equal to 100
592 percent of the additional tax due.
593 (c) The Department of Economic Opportunity office shall
594 immediately notify the department of an order affecting a
595 taxpayer’s eligibility to apportion tax pursuant to this
596 section. A taxpayer who is liable for past tax must file an
597 amended return with the department, or such other report as the
598 department prescribes by rule, and pay any required tax,
599 interest, and penalty within 60 days after the taxpayer receives
600 notification from the Department of Economic Opportunity office
601 that the previously approved credits have been revoked. If the
602 revocation is contested, the taxpayer shall file an amended
603 return or other report within 30 days after an order becomes
604 final. A taxpayer who fails to pay the past tax, interest, and
605 penalty by the due date is subject to the penalties provided in
606 s. 220.803.
607 (5) RULES.—The Department of Economic Opportunity office
608 and the department may adopt rules to administer this section.
609 Section 26. Paragraph (b) of subsection (2) of section
610 220.183, Florida Statutes, is amended to read:
611 220.183 Community contribution tax credit.—
612 (2) ELIGIBILITY REQUIREMENTS.—
613 (b)1. All community contributions must be reserved
614 exclusively for use in projects as defined in s. 220.03(1)(t).
615 2. If, during the first 10 business days of the state
616 fiscal year, eligible tax credit applications for projects that
617 provide homeownership opportunities for low-income or very-low
618 income households as defined in s. 420.9071(19) and (28) are
619 received for less than the annual tax credits available for
620 those projects, the Department of Economic Opportunity shall
621 grant tax credits for those applications and shall grant
622 remaining tax credits on a first-come, first-served basis for
623 any subsequent eligible applications received before the end of
624 the state fiscal year. If, during the first 10 business days of
625 the state fiscal year, eligible tax credit applications for
626 projects that provide homeownership opportunities for low-income
627 or very-low-income households as defined in s. 420.9071(19) and
628 (28) are received for more than the annual tax credits available
629 for those projects, the Department of Economic Opportunity
630 office shall grant the tax credits for those applications as
631 follows:
632 a. If tax credit applications submitted for approved
633 projects of an eligible sponsor do not exceed $200,000 in total,
634 the credit shall be granted in full if the tax credit
635 applications are approved.
636 b. If tax credit applications submitted for approved
637 projects of an eligible sponsor exceed $200,000 in total, the
638 amount of tax credits granted under sub-subparagraph a. shall be
639 subtracted from the amount of available tax credits, and the
640 remaining credits shall be granted to each approved tax credit
641 application on a pro rata basis.
642 3. If, during the first 10 business days of the state
643 fiscal year, eligible tax credit applications for projects other
644 than those that provide homeownership opportunities for low
645 income or very-low-income households as defined in s.
646 420.9071(19) and (28) are received for less than the annual tax
647 credits available for those projects, the Department of Economic
648 Opportunity office shall grant tax credits for those
649 applications and shall grant remaining tax credits on a first
650 come, first-served basis for any subsequent eligible
651 applications received before the end of the state fiscal year.
652 If, during the first 10 business days of the state fiscal year,
653 eligible tax credit applications for projects other than those
654 that provide homeownership opportunities for low-income or very
655 low-income households as defined in s. 420.9071(19) and (28) are
656 received for more than the annual tax credits available for
657 those projects, the Department of Economic Opportunity office
658 shall grant the tax credits for those applications on a pro rata
659 basis.
660 Section 27. Paragraphs (b), (d), (e), and (f) of subsection
661 (3), paragraphs (a), (c), and (e) of subsection (4), subsection
662 (5), paragraph (b) of subsection (6), paragraphs (a), (b), (d),
663 and (e) of subsection (7), paragraph (a) of subsection (8), and
664 subsection (9) of section 220.194, Florida Statutes, are amended
665 to read:
666 220.194 Corporate income tax credits for spaceflight
667 projects.—
668 (3) DEFINITIONS.—As used in this section, the term:
669 (b) “Certified” means that a spaceflight business has been
670 certified by the Department of Economic Opportunity office as
671 meeting all of the requirements necessary to obtain at least one
672 of the approved tax credits available under this section,
673 including approval to transfer a credit.
674 (d) “New job” means the full-time employment of an employee
675 in a manner that is consistent with terms used by the Department
676 of Economic Opportunity Agency for Workforce Innovation and the
677 United States Department of Labor for purposes of unemployment
678 compensation tax administration and employment estimation. In
679 order to meet the requirement for certification specified in
680 paragraph (5)(b), a new job must:
681 1. Pay new employees at least 115 percent of the statewide
682 or countywide average annual private sector wage for the 3
683 taxable years immediately preceding filing an application for
684 certification;
685 2. Require a new employee to perform duties on a regular
686 full-time basis in this state for an average of at least 36
687 hours per week each month for the 3 taxable years immediately
688 preceding filing an application for certification; and
689 3. Not be held by a person who has previously been included
690 as a new employee on an application for any credit authorized
691 under this section.
692 (e) “Office” means the Office of Tourism, Trade, and
693 Economic Development.
694 (e)(f) “Payload” means an object built or assembled in this
695 state to be placed into earth’s upper atmospheres or space.
696 (4) TAX CREDITS.—
697 (a) If approved and certified pursuant to subsection (5),
698 the following tax credits may be taken on a return for a taxable
699 year beginning on or after October 1, 2015:
700 1. A certified spaceflight business may take a
701 nontransferable corporate income tax credit for up to 50 percent
702 of the business’s tax liability under this chapter for the
703 taxable year in which the credit is taken. The maximum
704 nontransferable tax credit amount that may be approved per
705 taxpayer for a taxable year is $1 million. No more than $3
706 million in total tax credits pursuant to this subparagraph may
707 be certified pursuant to subsection (5). No credit may be
708 approved after October 1, 2017.
709 2. A certified spaceflight business may transfer, in whole
710 or in part, its Florida net operating loss that would otherwise
711 be available to be taken on a return filed under this chapter,
712 provided that the activity giving rise to such net operating
713 loss must have occurred after July 1, 2011. The transfer allowed
714 under this subparagraph will be in the form of a transferable
715 tax credit equal to the amount of the net operating loss
716 eligible to be transferred. The maximum transferable tax credit
717 amount that may be approved per taxpayer for a taxable year is
718 $2.5 million. No more than $7 million in total tax credits
719 pursuant to this subparagraph may be certified pursuant to
720 subsection (5). No credit may be approved after October 1, 2017.
721 a. In order to transfer the credit, the business must:
722 (I) Have been approved to transfer the tax credit for the
723 taxable year in which it is transferred;
724 (II) Have incurred a qualifying net operating loss on
725 activity in this state after July 1, 2011, directly associated
726 with one or more spaceflight projects in any of its 3 previous
727 taxable years;
728 (III) Not be 50 percent or more owned or controlled,
729 directly or indirectly, by another corporation that has
730 demonstrated positive net income in any of the 3 previous
731 taxable years of ongoing operations; and
732 (IV) Not be part of a consolidated group of affiliated
733 corporations, as filed for federal income tax purposes, which in
734 the aggregate demonstrated positive net income in any of the 3
735 previous taxable years.
736 b. The credit that may be transferred by a certified
737 spaceflight business:
738 (I) Is limited to the amount of eligible net operating
739 losses incurred in the immediate 3 taxable years before the
740 transfer; and
741 (II) Must be directly associated with a spaceflight project
742 in this state as verified through an audit or examination by a
743 certified public accountant licensed to do business in this
744 state and as verified by the Department of Economic Opportunity
745 office.
746 (c) Credits approved under subparagraph (a)1. may be taken
747 only against the corporate income tax liability generated by or
748 arising out of a spaceflight project in this state, as verified
749 through an audit or examination by a certified public accountant
750 licensed to do business in this state and as verified by the
751 Department of Economic Opportunity office.
752 (e) The certified spaceflight business or transferee must
753 demonstrate to the satisfaction of the Department of Economic
754 Opportunity office and the department that it is eligible to
755 take the credits approved under this section.
756 (5) APPLICATION AND CERTIFICATION.—
757 (a) In order to claim a tax credit under this section, a
758 spaceflight business must first submit an application to the
759 Department of Economic Opportunity office for approval to earn
760 tax credits or create transferable tax credits. The application
761 must be filed by the date established by the Department of
762 Economic Opportunity office. In addition to any information that
763 the Department of Economic Opportunity office may require, the
764 applicant must provide a complete description of the activity in
765 this state which demonstrates to the Department of Economic
766 Opportunity office the applicant’s likelihood to be certified to
767 take or transfer a credit. The applicant must also provide a
768 description of the total amount and type of credits for which
769 approval is sought. The Department of Economic Opportunity
770 office may consult with Space Florida regarding the
771 qualifications of an applicant. The applicant shall provide an
772 affidavit certifying that all information contained in the
773 application is true and correct.
774 1. Approval of the credits shall be provided on a first
775 come, first-served basis, based on the date the completed
776 applications are received by the Department of Economic
777 Opportunity office. A taxpayer may not submit more than one
778 completed application per state fiscal year. The Department of
779 Economic Opportunity office may not accept an incomplete
780 placeholder application, and the submission of such an
781 application will not secure a place in the first-come, first
782 served application line.
783 2. The Department of Economic Opportunity office has 60
784 days after the receipt of a completed application within which
785 to issue a notice of intent to deny or approve an application
786 for credits. The Department of Economic Opportunity office must
787 ensure that the corporate income tax credits approved for all
788 applicants do not exceed the limits provided in this section.
789 (b) In order to take a tax credit under subparagraph (a)1.
790 or, if applicable, to transfer an approved credit under
791 subparagraph (a)2., a spaceflight business must submit an
792 application for certification to the Department of Economic
793 Opportunity office along with a nonrefundable $250 fee.
794 1. The application must include:
795 a. The name and physical in-state address of the taxpayer.
796 b. Documentation demonstrating to the satisfaction of the
797 Department of Economic Opportunity office that:
798 (I) The taxpayer is a spaceflight business.
799 (II) The business has engaged in a qualifying spaceflight
800 project before taking or transferring a credit under this
801 section.
802 c. In addition to any requirement specific to a credit,
803 documentation that the business has:
804 (I) Created 35 new jobs in this state directly associated
805 with spaceflight projects during its immediately preceding 3
806 taxable years. The business shall be deemed to have created new
807 jobs if the number of full-time jobs located in this state at
808 the time of application for certification is greater than the
809 total number of full-time jobs located in this state at the time
810 of application for approval to earn credits; and
811 (II) Invested a total of at least $15 million in this state
812 on a spaceflight project during its immediately preceding 3
813 taxable years.
814 d. The total amount and types of credits sought.
815 e. An acknowledgment that a transfer of a tax credit is to
816 be accomplished pursuant to subsection (5).
817 f. A copy of an audit or audits of the preceding 3 taxable
818 years, prepared by a certified public accountant licensed to
819 practice in this state, which identifies that portion of the
820 business’s activities in this state related to spaceflight
821 projects in this state.
822 g. An acknowledgment that the business must file an annual
823 report on the spaceflight project’s progress with the Department
824 of Economic Opportunity office.
825 h. Any other information necessary to demonstrate that the
826 applicant meets the job creation, investment, and other
827 requirements of this section.
828 2. Within 60 days after receipt of the application for
829 certification, the Department of Economic Opportunity office
830 shall evaluate the application and recommend the business for
831 certification or denial. The executive director of the
832 Department of Economic Opportunity office must approve or deny
833 the application within 30 days after receiving the
834 recommendation. If approved, the Department of Economic
835 Opportunity office must provide a letter of certification to the
836 applicant consistent with any restrictions imposed. If the
837 Department of Economic Opportunity office denies any part of the
838 requested credit, the Department of Economic Opportunity office
839 must inform the applicant of the grounds for the denial. A copy
840 of the certification shall be submitted to the department within
841 10 days after the executive director’s approval.
842 (6) TRANSFERABILITY OF CREDIT.—
843 (b) In order to perfect the transfer, the transferor shall
844 provide the department with a written transfer statement that
845 has been approved by the Department of Economic Opportunity
846 office notifying the department of the transferor’s intent to
847 transfer the tax credits to the transferee; the date that the
848 transfer is effective; the transferee’s name, address, and
849 federal taxpayer identification number; the tax period; and the
850 amount of tax credits to be transferred. Upon receipt of the
851 approved transfer statement, the department shall provide the
852 transferee and the Department of Economic Opportunity office
853 with a certificate reflecting the tax credit amounts
854 transferred. A copy of the certificate must be attached to each
855 tax return for which the transferee seeks to apply the credits.
856 (7) AUDIT AUTHORITY; RECAPTURE OF CREDITS.—
857 (a) In addition to its existing audit and investigative
858 authority, the department may perform any additional financial
859 and technical audits and investigations, including examining the
860 accounts, books, and financial records of the tax credit
861 applicant, which are necessary for verifying the accuracy of the
862 return and to ensure compliance with this section. If requested
863 by the department, the Department of Economic Opportunity office
864 and Space Florida must provide technical assistance for any
865 technical audits or examinations performed under this
866 subsection.
867 (b) Grounds for forfeiture of previously claimed tax
868 credits approved under this section exist if the department
869 determines, as a result of an audit or examination, or from
870 information received from the Department of Economic Opportunity
871 office, that a certified spaceflight business, or in the case of
872 transferred tax credits, a taxpayer received tax credits for
873 which the certified spaceflight business or taxpayer was not
874 entitled. The spaceflight business or transferee must file an
875 amended return reflecting the disallowed credits and paying any
876 tax due as a result of the amendment.
877 (d) The Department of Economic Opportunity office may
878 revoke or modify a certification granting eligibility for tax
879 credits if it finds that the certified spaceflight business made
880 a false statement or representation in any application, record,
881 report, plan, or other document filed in an attempt to receive
882 tax credits under this section. The Department of Economic
883 Opportunity office shall immediately notify the department of
884 any revoked or modified orders affecting previously granted tax
885 credits. The certified spaceflight business must also notify the
886 department of any change in its claimed tax credit.
887 (e) The certified spaceflight business must file with the
888 department an amended return or other report required by the
889 department by rule and pay any required tax and interest within
890 60 days after the certified business receives notification from
891 the Department of Economic Opportunity office that previously
892 approved tax credits have been revoked or modified. If the
893 revocation or modification order is contested, the spaceflight
894 business must file the amended return or other report within 60
895 days after a final order is issued.
896 (8) RULES.—
897 (a) The Department of Economic Opportunity office, in
898 consultation with Space Florida, shall adopt rules to administer
899 this section, including rules relating to application forms for
900 credit approval and certification, and the application and
901 certification procedures, guidelines, and requirements necessary
902 to administer this section.
903 (9) ANNUAL REPORT.—Beginning in 2014, the Department of
904 Economic Opportunity office, in cooperation with Space Florida
905 and the department, shall submit an annual report summarizing
906 activities relating to the Florida Space Business Incentives Act
907 established under this section to the Governor, the President of
908 the Senate, and the Speaker of the House of Representatives by
909 each November 30.
910 Section 28. Paragraph (b) of subsection (3), paragraph (b)
911 of subsection (4), subsection (6), paragraph (a) of subsection
912 (7), and paragraph (c) of subsection (9) of section 258.501,
913 Florida Statutes, are amended to read:
914 258.501 Myakka River; wild and scenic segment.—
915 (3) DEFINITIONS.—As used in this section, the term:
916 (b) “Agreement” means the interagency operating agreement
917 between the department, the Department of Economic Opportunity
918 Community Affairs, and Sarasota County or the City of North
919 Port.
920 (4) DESIGNATION OF WILD AND SCENIC RIVER.—
921 (b) The governments of Sarasota County and the City of
922 North Port shall manage the Myakka River wild and scenic
923 protection zone under their existing authorities for
924 comprehensive planning, the regulation of land development
925 activities, and other necessary or appropriate ordinances and in
926 conformance with this section, the management plan required
927 under subsection (5), and the agreements adopted by the
928 department and the Department of Economic Opportunity Community
929 Affairs with the city and county pursuant to this section.
930 (6) AMENDMENT OF REGULATIONS AND COMPREHENSIVE PLANS.—
931 (a) Sarasota County and the City of North Port shall amend
932 their comprehensive plans so that the parts of such plans that
933 affect the wild and scenic protection zone conform to, or are
934 more stringent than, this section, the river management plan,
935 and management guidelines and performance standards to be
936 developed and contained within agreements to be adopted by the
937 department, the Department of Economic Opportunity Community
938 Affairs, and the city and county. The guidelines and performance
939 standards must be used by the department and the Department of
940 Economic Opportunity Community Affairs to review and monitor the
941 regulation of activities by the city and county in the wild and
942 scenic protection zone. Amendments to those comprehensive plans
943 must include specific policies and guidelines for minimizing
944 adverse impacts on resources in the river area and for managing
945 the wild and scenic protection zone in conformance with this
946 section, the river management plan, and the agreement. Such
947 comprehensive plans must be amended within 1 year after the
948 adoption date of the agreement, and thereafter, within 6 months
949 following an amendment to this section, the river management
950 plan, or the agreement, as may be necessary. For the purposes
951 established in this subsection, such amendments need not conform
952 to statutory or local ordinance limitations on the frequency of
953 consideration of amendments to local comprehensive plans.
954 (b) Sarasota County and the City of North Port shall adopt
955 or amend, within 1 year after the department and the Department
956 of Economic Opportunity Community Affairs adopt with the city
957 and with the county agreements for regulating activities in the
958 wild and scenic protection zone, any necessary ordinances and
959 land development regulations so that those ordinances and
960 regulations conform to the purposes of this section, the river
961 management plan, and the agreement. Thereafter, following any
962 amendment to this section, the river management plan, or the
963 agreement, the city and county must amend or adopt, within 1
964 year, appropriate ordinances and land development regulations to
965 maintain such local ordinances and regulations in conformance
966 with this section, the river management plan, and the agreement.
967 Those ordinances and regulations must provide that activities
968 must be prohibited, or must undergo review and either be denied
969 or permitted with or without conditions, so as to minimize
970 potential adverse physical and visual impacts on resource values
971 in the river area and to minimize adverse impacts on private
972 landowners’ use of land for residential purposes. The resource
973 values of concern are those identified in this section and by
974 the coordinating council in the river management plan.
975 Activities which may be prohibited, subject to the agreement,
976 include, but are not limited to, landfills, clear cuttings,
977 major new infrastructure facilities, major activities that would
978 alter historic water or flood flows, multifamily residential
979 construction, commercial and industrial development, and mining
980 and major excavations. However, appurtenant structures for these
981 activities may be permitted if such structures do not have
982 adverse visual or measurable adverse environmental impacts to
983 resource values in the river area.
984 (c) If the Department of Economic Opportunity Community
985 Affairs determines that the local comprehensive plan or land
986 development regulations, as amended or supplemented by the local
987 government, are not in conformance with the purposes of this
988 section, the river management plan, and the agreement, the
989 Department of Economic Opportunity Community Affairs shall issue
990 a notice of intent to find the plan not in compliance and such
991 plan shall be subject to the administrative proceedings in
992 accordance with s. 163.3184.
993 (7) MANAGEMENT COORDINATING COUNCIL.—
994 (a) Upon designation, the department shall create a
995 permanent council to provide interagency and intergovernmental
996 coordination in the management of the river. The coordinating
997 council shall be composed of one representative appointed from
998 each of the following: the department, the Department of
999 Transportation, the Fish and Wildlife Conservation Commission,
1000 the Department of Economic Opportunity Community Affairs, the
1001 Division of Forestry of the Department of Agriculture and
1002 Consumer Services, the Division of Historical Resources of the
1003 Department of State, the Tampa Bay Regional Planning Council,
1004 the Southwest Florida Water Management District, the Southwest
1005 Florida Regional Planning Council, Manatee County, Sarasota
1006 County, Charlotte County, the City of Sarasota, the City of
1007 North Port, agricultural interests, environmental organizations,
1008 and any others deemed advisable by the department.
1009 (9) RULEMAKING AUTHORITY.—
1010 (c) The department and the Department of Economic
1011 Opportunity Community Affairs must enter into agreements with
1012 the City of North Port and Sarasota County which that provide
1013 for guiding and monitoring the regulation of activities by the
1014 city and county, in accordance with subsection (6). Such
1015 agreements shall include guidelines and performance standards
1016 for regulating proposed activities so as to minimize adverse
1017 environmental and visual impacts of such activities on the
1018 resource values in the river area, and to minimize adverse
1019 impacts to landowners’ use of land for residential purposes.
1020 Section 29. Subsection (3) of section 259.042, Florida
1021 Statutes, is amended to read:
1022 259.042 Tax increment financing for conservation lands.—
1023 (3) The governing body of the jurisdiction that will
1024 administer the separate reserve account shall provide
1025 documentation to the Department of Economic Opportunity
1026 Community Affairs identifying the boundary of the tax increment
1027 area. The department shall determine whether the boundary is
1028 appropriate in that property owners within the boundary will
1029 receive a benefit from the proposed purchase of identified
1030 conservation lands. The department must issue a letter of
1031 approval stating that the establishment of the tax increment
1032 area and the proposed purchases would benefit property owners
1033 within the boundary and serve a public purpose before any tax
1034 increment funds are deposited into the separate reserve account.
1035 If the department fails to provide the required letter within 90
1036 days after receiving sufficient documentation of the boundary,
1037 the establishment of the area and the proposed purchases are
1038 deemed to provide such benefit and serve a public purpose.
1039 Section 30. Paragraph (c) of subsection (3) of section
1040 259.101, Florida Statutes, is amended to read:
1041 259.101 Florida Preservation 2000 Act.—
1042 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.—Less the costs
1043 of issuance, the costs of funding reserve accounts, and other
1044 costs with respect to the bonds, the proceeds of bonds issued
1045 pursuant to this act shall be deposited into the Florida
1046 Preservation 2000 Trust Fund created by s. 375.045. In fiscal
1047 year 2000-2001, for each Florida Preservation 2000 program
1048 described in paragraphs (a)-(g), that portion of each program’s
1049 total remaining cash balance which, as of June 30, 2000, is in
1050 excess of that program’s total remaining appropriation balances
1051 shall be redistributed by the department and deposited into the
1052 Save Our Everglades Trust Fund for land acquisition. For
1053 purposes of calculating the total remaining cash balances for
1054 this redistribution, the Florida Preservation 2000 Series 2000
1055 bond proceeds, including interest thereon, and the fiscal year
1056 1999-2000 General Appropriations Act amounts shall be deducted
1057 from the remaining cash and appropriation balances,
1058 respectively. The remaining proceeds shall be distributed by the
1059 Department of Environmental Protection in the following manner:
1060 (c) Ten percent to the Department of Environmental
1061 Protection Community Affairs to provide land acquisition grants
1062 and loans to local governments through the Florida Communities
1063 Trust pursuant to part III of chapter 380. From funds allocated
1064 to the trust, $3 million annually shall be used by the Division
1065 of State Lands within the Department of Environmental Protection
1066 to implement the Green Swamp Land Protection Initiative
1067 specifically for the purchase of conservation easements, as
1068 defined in s. 380.0677(3), of lands, or severable interests or
1069 rights in lands, in the Green Swamp Area of Critical State
1070 Concern. From funds allocated to the trust, $3 million annually
1071 shall be used by the Monroe County Comprehensive Plan Land
1072 Authority specifically for the purchase of a real property
1073 interest in those lands subject to the Rate of Growth Ordinances
1074 adopted by local governments in Monroe County or those lands
1075 within the boundary of an approved Conservation and Recreation
1076 Lands project located within the Florida Keys or Key West Areas
1077 of Critical State Concern; however, title to lands acquired
1078 within the boundary of an approved Conservation and Recreation
1079 Lands project may, in accordance with an approved joint
1080 acquisition agreement, vest in the Board of Trustees of the
1081 Internal Improvement Trust Fund. Of the remaining funds, one
1082 half shall be matched by local governments on a dollar-for
1083 dollar basis. To the extent allowed by federal requirements for
1084 the use of bond proceeds, the trust shall expend Preservation
1085 2000 funds to carry out the purposes of part III of chapter 380.
1086
1087 Local governments may use federal grants or loans, private
1088 donations, or environmental mitigation funds, including
1089 environmental mitigation funds required pursuant to s. 338.250,
1090 for any part or all of any local match required for the purposes
1091 described in this subsection. Bond proceeds allocated pursuant
1092 to paragraph (c) may be used to purchase lands on the priority
1093 lists developed pursuant to s. 259.035. Title to lands purchased
1094 pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
1095 vested in the Board of Trustees of the Internal Improvement
1096 Trust Fund. Title to lands purchased pursuant to paragraph (c)
1097 may be vested in the Board of Trustees of the Internal
1098 Improvement Trust Fund. The board of trustees shall hold title
1099 to land protection agreements and conservation easements that
1100 were or will be acquired pursuant to s. 380.0677, and the
1101 Southwest Florida Water Management District and the St. Johns
1102 River Water Management District shall monitor such agreements
1103 and easements within their respective districts until the state
1104 assumes this responsibility.
1105 Section 31. Paragraphs (e) and (h) of subsection (4) of
1106 section 282.201, Florida Statutes, are amended to read:
1107 282.201 State data center system; agency duties and
1108 limitations.—A state data center system that includes all
1109 primary data centers, other nonprimary data centers, and
1110 computing facilities, and that provides an enterprise
1111 information technology service as defined in s. 282.0041, is
1112 established.
1113 (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
1114 (e) During the 2012-2013 fiscal year, the following shall
1115 be consolidated into the Southwood Shared Resource Center:
1116 1. By September 30, 2012, the Division of Emergency
1117 Management and the Department of Community Affairs, except for
1118 the Emergency Operation Center’s management system in
1119 Tallahassee and the Camp Blanding Emergency Operations Center in
1120 Starke.
1121 2. By September 30, 2012, the Department of Revenue’s
1122 Carlton Building and Imaging Center locations.
1123 3. By December 31, 2012, the Department of Health’s Test
1124 and Development Lab and all remaining data center resources
1125 located at the Capital Circle Office Complex.
1126 (h) During the 2014-2015 fiscal year, the following
1127 agencies shall work with the Agency for Enterprise Information
1128 Technology to begin preliminary planning for consolidation into
1129 a primary data center:
1130 1. The Department of Health’s Jacksonville Lab Data Center.
1131 2. The Department of Transportation’s district offices,
1132 toll offices, and the District Materials Office.
1133 3. The Department of Military Affairs’ Camp Blanding Joint
1134 Training Center in Starke.
1135 4. The Department of Community Affairs’ Camp Blanding
1136 Emergency Operations Center in Starke.
1137 5. The Department of Education’s Division of Blind Services
1138 disaster recovery site in Daytona Beach.
1139 6. The Department of Education’s disaster recovery site at
1140 Santa Fe College.
1141 7. The Department of the Lottery’s Disaster Recovery Backup
1142 Data Center in Orlando.
1143 8. The Fish and Wildlife Conservation Commission’s Fish and
1144 Wildlife Research Institute in St. Petersburg.
1145 9. The Department of Children and Family Services’ Suncoast
1146 Data Center in Tampa.
1147 10. The Department of Children and Family Services’ Florida
1148 State Hospital in Chattahoochee.
1149 Section 32. Subsection (1) of section 288.021, Florida
1150 Statutes, is amended to read:
1151 288.021 Economic development liaison.—
1152 (1) The heads of the Department of Transportation, the
1153 Department of Environmental Protection and an additional member
1154 appointed by the secretary of the department, the Agency for
1155 Workforce Innovation, the Department of Education, the
1156 Department of Management Services, the Department of Revenue,
1157 the Fish and Wildlife Conservation Commission, each water
1158 management district, and each Department of Transportation
1159 District office shall designate a high-level staff member from
1160 within such agency to serve as the economic development liaison
1161 for the agency. This person shall report to the agency head and
1162 have general knowledge both of the state’s permitting and other
1163 regulatory functions and of the state’s economic goals,
1164 policies, and programs. This person shall also be the primary
1165 point of contact for the agency with the department on issues
1166 and projects important to the economic development of Florida,
1167 including its rural areas, to expedite project review, to ensure
1168 a prompt, effective response to problems arising with regard to
1169 permitting and regulatory functions, and to work closely with
1170 the other economic development liaisons to resolve interagency
1171 conflicts.
1172 Section 33. Paragraph (f) of subsection (2) and paragraph
1173 (c) of subsection (5) of section 288.1045, Florida Statutes, are
1174 amended to read:
1175 288.1045 Qualified defense contractor and space flight
1176 business tax refund program.—
1177 (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
1178 (f) After entering into a tax refund agreement pursuant to
1179 subsection (4), a qualified applicant may:
1180 1. Receive refunds from the account for corporate income
1181 taxes due and paid pursuant to chapter 220 by that business
1182 beginning with the first taxable year of the business which
1183 begins after entering into the agreement.
1184 2. Receive refunds from the account for the following taxes
1185 due and paid by that business after entering into the agreement:
1186 a. Taxes on sales, use, and other transactions paid
1187 pursuant to chapter 212.
1188 b. Intangible personal property taxes paid pursuant to
1189 chapter 199.
1190 c. Excise taxes paid on documents pursuant to chapter 201.
1191 d. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
1192 June 1, 1996.
1193 e. State communications services taxes administered under
1194 chapter 202. This provision does not apply to the gross receipts
1195 tax imposed under chapter 203 and administered under chapter 202
1196 or the local communications services tax authorized under s.
1197 202.19.
1198
1199 However, a qualified applicant may not receive a tax refund
1200 pursuant to this section for any amount of credit, refund, or
1201 exemption granted such contractor for any of such taxes. If a
1202 refund for such taxes is provided by the department, which taxes
1203 are subsequently adjusted by the application of any credit,
1204 refund, or exemption granted to the qualified applicant other
1205 than that provided in this section, the qualified applicant
1206 shall reimburse the Economic Development Trust Fund for the
1207 amount of such credit, refund, or exemption. A qualified
1208 applicant must notify and tender payment to the department
1209 office within 20 days after receiving a credit, refund, or
1210 exemption, other than that provided in this section.
1211 (5) ANNUAL CLAIM FOR REFUND.—
1212 (c) A tax refund may not be approved for any qualified
1213 applicant unless local financial support has been paid to the
1214 Economic Development Trust Fund for that refund. If the local
1215 financial support is less than 20 percent of the approved tax
1216 refund, the tax refund shall be reduced. The tax refund paid may
1217 not exceed 5 times the local financial support received. Funding
1218 from local sources includes tax abatement under s. 196.1995 or
1219 the appraised market value of municipal or county land,
1220 including any improvements or structures, conveyed or provided
1221 at a discount through a sale or lease to that applicant. The
1222 amount of any tax refund for an applicant approved under this
1223 section shall be reduced by the amount of any such tax abatement
1224 granted or the value of the land granted, including the value of
1225 any improvements or structures; and the limitations in
1226 subsection (2) shall be reduced by the amount of any such tax
1227 abatement or the value of the land granted, including any
1228 improvements or structures. A report listing all sources of the
1229 local financial support shall be provided to the department
1230 office when such support is paid to the Economic Development
1231 Trust Fund.
1232 Section 34. Paragraph (f) of subsection (4) and paragraphs
1233 (c), (d), and (e) of subsection (6) of section 288.106, Florida
1234 Statutes, are amended to read:
1235 288.106 Tax refund program for qualified target industry
1236 businesses.—
1237 (4) APPLICATION AND APPROVAL PROCESS.—
1238 (f) Effective July 1, 2011, Notwithstanding paragraph
1239 (2)(j) (2)(k), the department office may reduce the local
1240 financial support requirements of this section by one-half for a
1241 qualified target industry business located in Bay County,
1242 Escambia County, Franklin County, Gadsden County, Gulf County,
1243 Jefferson County, Leon County, Okaloosa County, Santa Rosa
1244 County, Wakulla County, or Walton County, if the department
1245 office determines that such reduction of the local financial
1246 support requirements is in the best interest of the state and
1247 facilitates economic development, growth, or new employment
1248 opportunities in such county. This paragraph expires June 30,
1249 2014.
1250 (6) ANNUAL CLAIM FOR REFUND.—
1251 (c) The department may waive the requirement for proof of
1252 taxes paid in future years for a qualified target industry
1253 business that provides the department office with proof that, in
1254 a single year, the business has paid an amount of state taxes
1255 from the categories in paragraph (3)(d) which that is at least
1256 equal to the total amount of tax refunds that the business may
1257 receive through successful completion of its tax refund
1258 agreement.
1259 (d) A tax refund may not be approved for a qualified target
1260 industry business unless the required local financial support
1261 has been paid into the account for that refund. If the local
1262 financial support provided is less than 20 percent of the
1263 approved tax refund, the tax refund must be reduced. In no event
1264 may the tax refund exceed an amount that is equal to 5 times the
1265 amount of the local financial support received. Further, funding
1266 from local sources includes any tax abatement granted to that
1267 business under s. 196.1995 or the appraised market value of
1268 municipal or county land conveyed or provided at a discount to
1269 that business. The amount of any tax refund for such business
1270 approved under this section must be reduced by the amount of any
1271 such tax abatement granted or the value of the land granted, and
1272 the limitations in subsection (3) and paragraph (4)(e) must be
1273 reduced by the amount of any such tax abatement or the value of
1274 the land granted. A report listing all sources of the local
1275 financial support shall be provided to the department office
1276 when such support is paid to the account.
1277 (e) A prorated tax refund, less a 5 percent 5-percent
1278 penalty, shall be approved for a qualified target industry
1279 business if all other applicable requirements have been
1280 satisfied and the business proves to the satisfaction of the
1281 department office that:
1282 1. It has achieved at least 80 percent of its projected
1283 employment; and
1284 2. The average wage paid by the business is at least 90
1285 percent of the average wage specified in the tax refund
1286 agreement, but in no case less than 115 percent of the average
1287 private sector wage in the area available at the time of
1288 certification, or 150 percent or 200 percent of the average
1289 private sector wage if the business requested the additional
1290 per-job tax refund authorized in paragraph (3)(b) for wages
1291 above those levels. The prorated tax refund shall be calculated
1292 by multiplying the tax refund amount for which the qualified
1293 target industry business would have been eligible, if all
1294 applicable requirements had been satisfied, by the percentage of
1295 the average employment specified in the tax refund agreement
1296 which was achieved, and by the percentage of the average wages
1297 specified in the tax refund agreement which was achieved.
1298 Section 35. Paragraph (a) of subsection (3) of section
1299 288.108, Florida Statutes, is amended to read:
1300 288.108 High-impact business.—
1301 (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
1302 AMOUNTS.—
1303 (a) Upon commencement of operations, a qualified high
1304 impact business is eligible to receive a high-impact business
1305 performance grant in the amount as determined by the department
1306 office under subsection (5), consistent with eligible amounts as
1307 provided in paragraph (b), and specified in the qualified high
1308 impact business agreement. The precise conditions that are
1309 considered commencement of operations must be specified in the
1310 qualified high-impact business agreement.
1311 Section 36. Subsection (3) of section 288.1083, Florida
1312 Statutes, is amended to read:
1313 288.1083 Manufacturing and Spaceport Investment Incentive
1314 Program.—
1315 (3) Beginning July 1, 2010, and ending June 30, 2011, and
1316 beginning July 1, 2011, and ending June 30, 2012, sales and use
1317 tax paid in this state on eligible equipment purchases may
1318 qualify for a refund as provided in this section. The total
1319 amount of refunds that may be allocated by the department office
1320 to all applicants during the period beginning July 1, 2010, and
1321 ending June 30, 2011, is $19 million. The total amount of tax
1322 refunds that may be allocated to all applicants during the
1323 period beginning July 1, 2011, and ending June 30, 2012, is $24
1324 million. An applicant may not be allocated more than $50,000 in
1325 refunds under this section for a single year. Preliminary refund
1326 allocations that are revoked or voluntarily surrendered shall be
1327 immediately available for reallocation.
1328 Section 37. Paragraph (l) of subsection (2) of section
1329 288.1089, Florida Statutes, is amended to read:
1330 288.1089 Innovation Incentive Program.—
1331 (2) As used in this section, the term:
1332 (l) “Match” means funding from local sources, public or
1333 private, which will be paid to the applicant and which is equal
1334 to 100 percent of an award. Eligible match funding may include
1335 any tax abatement granted to the applicant under s. 196.1995 or
1336 the appraised market value of land, buildings, infrastructure,
1337 or equipment conveyed or provided at a discount to the
1338 applicant. Complete documentation of a match payment or other
1339 conveyance must be presented to and verified by the department
1340 office prior to transfer of state funds to an applicant. An
1341 applicant may not provide, directly or indirectly, more than 5
1342 percent of match funding in any fiscal year. The sources of such
1343 funding may not include, directly or indirectly, state funds
1344 appropriated from the General Revenue Fund or any state trust
1345 fund, excluding tax revenues shared with local governments
1346 pursuant to law.
1347 Section 38. Subsection (2) of section 288.1097, Florida
1348 Statutes, is amended to read:
1349 288.1097 Qualified job training organizations;
1350 certification; duties.—
1351 (2) To be eligible for funding, an organization must be
1352 certified by the department Office of Tourism, Trade, and
1353 Economic Development as meeting the criteria in subsection (1).
1354 After certification, the department Office of Tourism, Trade,
1355 and Economic Development may release funds to the qualified job
1356 training organization pursuant to a contract with the
1357 organization. The contract must include the performance
1358 conditions that must be met in order to obtain the award or
1359 portions of the award, including, but not limited to, net new
1360 employment in the state, the methodology for validating
1361 performance, the schedule of payments, and sanctions for failure
1362 to meet the performance requirements including any provisions
1363 for repayment of awards. The contract must also require that
1364 salaries paid to officers and employees of the qualified job
1365 training organization comply with s. 4958 of the Internal
1366 Revenue Code of 1986, as amended.
1367 Section 39. Paragraph (c) of subsection (3) of section
1368 288.11621, Florida Statutes, is amended to read:
1369 288.11621 Spring training baseball franchises.—
1370 (3) USE OF FUNDS.—
1371 (c) The Department of Revenue may not distribute funds to
1372 an applicant certified on or after July 1, 2010, until it
1373 receives notice from the department office that the certified
1374 applicant has encumbered funds under subparagraph (a)2.
1375 Section 40. Subsection (6) of section 288.1168, Florida
1376 Statutes, is amended to read:
1377 288.1168 Professional golf hall of fame facility.—
1378 (6) The department Office of Tourism, Trade, and Economic
1379 Development must recertify every 10 years that the facility is
1380 open, continues to be the only professional golf hall of fame in
1381 the United States recognized by the PGA Tour, Inc., and is
1382 meeting the minimum projections for attendance or sales tax
1383 revenue as required at the time of original certification. If
1384 the facility is not certified as meeting the minimum
1385 projections, the PGA Tour, Inc., shall increase its required
1386 advertising contribution of $2 million annually to $2.5 million
1387 annually in lieu of reduction of any funds as provided by s.
1388 212.20. The additional $500,000 must be allocated in its
1389 entirety for the use and promotion of generic Florida
1390 advertising as determined by the department Office of Tourism,
1391 Trade, and Economic Development. If the facility is not open to
1392 the public or is no longer in use as the only professional golf
1393 hall of fame in the United States recognized by the PGA Tour,
1394 Inc., the entire $2.5 million for advertising must be used for
1395 generic Florida advertising as determined by the department
1396 Office of Tourism, Trade, and Economic Development.
1397 Section 41. Subsection (4) of section 288.1171, Florida
1398 Statutes, is amended to read:
1399 288.1171 Motorsports entertainment complex; definitions;
1400 certification; duties.—
1401 (4) Upon determining that an applicant meets the
1402 requirements of subsection (3), the department office shall
1403 notify the applicant and the executive director of the
1404 Department of Revenue of such certification by means of an
1405 official letter granting certification. If the applicant fails
1406 to meet the certification requirements of subsection (3), the
1407 department office shall notify the applicant not later than 10
1408 days following such determination.
1409 Section 42. Paragraph (a) of subsection (8) of section
1410 288.1254, Florida Statutes, is amended to read:
1411 288.1254 Entertainment industry financial incentive
1412 program.—
1413 (8) RULES, POLICIES, AND PROCEDURES.—
1414 (a) The department Office of Tourism, Trade, and Economic
1415 Development may adopt rules pursuant to ss. 120.536(1) and
1416 120.54 and develop policies and procedures to implement and
1417 administer this section, including, but not limited to, rules
1418 specifying requirements for the application and approval
1419 process, records required for substantiation for tax credits,
1420 procedures for making the election in paragraph (4)(d), the
1421 manner and form of documentation required to claim tax credits
1422 awarded or transferred under this section, and marketing
1423 requirements for tax credit recipients.
1424 Section 43. Subsection (2) of section 288.714, Florida
1425 Statutes, is amended to read:
1426 288.714 Quarterly and annual reports.—
1427 (2) The department must compile a summary of all quarterly
1428 reports and provide a copy of the summary to the board within 30
1429 days after the end of each calendar quarter which that includes
1430 a detailed summary of the recipient’s performance of the duties
1431 imposed by s. 288.7102.
1432 Section 44. Subsection (7) of section 288.7102, Florida
1433 Statutes, is amended to read:
1434 288.7102 Black Business Loan Program.—
1435 (7) The department, in consultation with the board, shall
1436 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
1437 this section.
1438 Section 45. Subsections (5) and (7) of section 288.987,
1439 Florida Statutes, are amended to read:
1440 288.987 Florida Defense Support Task Force.—
1441 (5) The executive director of the Department of Economic
1442 Opportunity Office of Tourism, Trade, and Economic Development
1443 within the Executive Office of the Governor, or his or her
1444 designee, shall serve as the ex officio, nonvoting executive
1445 director of the task force.
1446 (7) The department Office of Tourism, Trade, and Economic
1447 Development shall contract with the task force for expenditure
1448 of appropriated funds, which may be used by the task force for
1449 economic and product research and development, joint planning
1450 with host communities to accommodate military missions and
1451 prevent base encroachment, advocacy on the state’s behalf with
1452 federal civilian and military officials, assistance to school
1453 districts in providing a smooth transition for large numbers of
1454 additional military-related students, job training and placement
1455 for military spouses in communities with high proportions of
1456 active duty military personnel, and promotion of the state to
1457 military and related contractors and employers. The task force
1458 may annually spend up to $200,000 of funds appropriated to the
1459 department Executive Office of the Governor, Office of Tourism,
1460 Trade, and Economic Development, for the task force for staffing
1461 and administrative expenses of the task force, including travel
1462 and per diem costs incurred by task force members who are not
1463 otherwise eligible for state reimbursement.
1464 Section 46. Paragraph (d) of subsection (6) of section
1465 290.0055, Florida Statutes, is amended to read:
1466 290.0055 Local nominating procedure.—
1467 (6)
1468 (d)1. The governing body of a jurisdiction which has
1469 nominated an application for an enterprise zone that is no
1470 larger than 12 square miles and includes a portion of the state
1471 designated as a rural area of critical economic concern under s.
1472 288.0656(7) may apply to the department Office of Tourism,
1473 Trade, and Economic Development to expand the boundary of the
1474 enterprise zone by not more than 3 square miles. An application
1475 to expand the boundary of an enterprise zone under this
1476 paragraph must be submitted by December 31, 2012.
1477 2. Notwithstanding the area limitations specified in
1478 subsection (4), the department Office of Tourism, Trade, and
1479 Economic Development may approve the request for a boundary
1480 amendment if the area continues to satisfy the remaining
1481 requirements of this section.
1482 3. The department Office of Tourism, Trade, and Economic
1483 Development shall establish the initial effective date of an
1484 enterprise zone designated under this paragraph.
1485 Section 47. Paragraph (a) of subsection (4) of section
1486 290.0065, Florida Statutes, is amended to read:
1487 290.0065 State designation of enterprise zones.—
1488 (4)(a) Notwithstanding s. 290.0055, the department may
1489 redesignate any state enterprise zone having an effective date
1490 on or before January 1, 2005, as a state enterprise zone upon
1491 completion and submittal to the department office by the
1492 governing body for an enterprise zone of the following:
1493 1. An updated zone profile for the enterprise zone based on
1494 the most recent census data that complies with s. 290.0055,
1495 except that pervasive poverty criteria may be set aside for
1496 rural enterprise zones.
1497 2. A resolution passed by the governing body for that
1498 enterprise zone requesting redesignation and explaining the
1499 reasons the conditions of the zone merit redesignation.
1500 3. Measurable goals for the enterprise zone developed by
1501 the enterprise zone development agency, which may be the goals
1502 established in the enterprise zone’s strategic plan.
1503
1504 The governing body may also submit a request for a boundary
1505 change in an enterprise zone in the same application to the
1506 department as long as the new area complies with the
1507 requirements of s. 290.0055, except that pervasive poverty
1508 criteria may be set aside for rural enterprise zones.
1509 Section 48. Section 290.00726, Florida Statutes, is amended
1510 to read:
1511 290.00726 Enterprise zone designation for Martin County.
1512 Martin County may apply to the department Office of Tourism,
1513 Trade, and Economic Development for designation of one
1514 enterprise zone for an area within Martin County, which zone
1515 shall encompass an area of up to 10 square miles consisting of
1516 land within the primary urban services boundary and focusing on
1517 Indiantown, but excluding property owned by Florida Power and
1518 Light to the west, two areas to the north designated as estate
1519 residential, and the county-owned Timer Powers Recreational
1520 Area. Within the designated enterprise zone, Martin County shall
1521 exempt residential condominiums from benefiting from state
1522 enterprise zone incentives, unless prohibited by law. The
1523 application must have been submitted by December 31, 2011, and
1524 must comply with the requirements of s. 290.0055.
1525 Notwithstanding s. 290.0065 limiting the total number of
1526 enterprise zones designated and the number of enterprise zones
1527 within a population category, the department Office of Tourism,
1528 Trade, and Economic Development may designate one enterprise
1529 zone under this section. The department Office of Tourism,
1530 Trade, and Economic Development shall establish the initial
1531 effective date of the enterprise zone designated under this
1532 section.
1533 Section 49. Section 290.00727, Florida Statutes, is amended
1534 to read:
1535 290.00727 Enterprise zone designation for the City of Palm
1536 Bay.—The City of Palm Bay may apply to the department Office of
1537 Tourism, Trade, and Economic Development for designation of one
1538 enterprise zone for an area within the northeast portion of the
1539 city, which zone shall encompass an area of up to 5 square
1540 miles. The application must have been submitted by December 31,
1541 2011, and must comply with the requirements of s. 290.0055.
1542 Notwithstanding s. 290.0065 limiting the total number of
1543 enterprise zones designated and the number of enterprise zones
1544 within a population category, the department Office of Tourism,
1545 Trade, and Economic Development may designate one enterprise
1546 zone under this section. The department Office of Tourism,
1547 Trade, and Economic Development shall establish the initial
1548 effective date of the enterprise zone designated under this
1549 section.
1550 Section 50. Section 290.00728, Florida Statutes, is amended
1551 to read:
1552 290.00728 Enterprise zone designation for Lake County.—Lake
1553 County may apply to the department Office of Tourism, Trade, and
1554 Economic Development for designation of one enterprise zone,
1555 which zone shall encompass an area of up to 10 square miles
1556 within Lake County. The application must have been submitted by
1557 December 31, 2011, and must comply with the requirements of s.
1558 290.0055. Notwithstanding s. 290.0065 limiting the total number
1559 of enterprise zones designated and the number of enterprise
1560 zones within a population category, the department Office of
1561 Tourism, Trade, and Economic Development may designate one
1562 enterprise zone under this section. The department Office of
1563 Tourism, Trade, and Economic Development shall establish the
1564 initial effective date of the enterprise zone designated under
1565 this section.
1566 Section 51. Subsections (1) and (6) of section 311.09,
1567 Florida Statutes, are amended to read:
1568 311.09 Florida Seaport Transportation and Economic
1569 Development Council.—
1570 (1) The Florida Seaport Transportation and Economic
1571 Development Council is created within the Department of
1572 Transportation. The council consists of the following 17 18
1573 members: the port director, or the port director’s designee, of
1574 each of the ports of Jacksonville, Port Canaveral, Port Citrus,
1575 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
1576 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
1577 West, and Fernandina; the secretary of the Department of
1578 Transportation or his or her designee; and the director of the
1579 Department of Economic Opportunity or his or her designee.
1580 (6) The Department of Economic Opportunity Community
1581 Affairs shall review the list of projects approved by the
1582 council to determine consistency with approved local government
1583 comprehensive plans of the units of local government in which
1584 the port is located and consistency with the port master plan.
1585 The Department of Economic Opportunity Community Affairs shall
1586 identify and notify the council of those projects that which are
1587 not consistent, to the maximum extent feasible, with such
1588 comprehensive plans and port master plans.
1589 Section 52. Paragraph (b) of subsection (9), paragraph (a)
1590 of subsection (35), and paragraph (b) of subsection (62) of
1591 section 320.08058, Florida Statutes, are amended to read:
1592 320.08058 Specialty license plates.—
1593 (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
1594 (b) The license plate annual use fees are to be annually
1595 distributed as follows:
1596 1. Fifty-five percent of the proceeds from the Florida
1597 Professional Sports Team plate must be deposited into the
1598 Professional Sports Development Trust Fund within the Department
1599 of Economic Opportunity. These funds must be used solely to
1600 attract and support major sports events in this state. As used
1601 in this subparagraph, the term “major sports events” means, but
1602 is not limited to, championship or all-star contests of Major
1603 League Baseball, the National Basketball Association, the
1604 National Football League, the National Hockey League, the men’s
1605 and women’s National Collegiate Athletic Association Final Four
1606 basketball championship, or a horseracing or dogracing Breeders’
1607 Cup. All funds must be used to support and promote major
1608 sporting events, and the uses must be approved by the Department
1609 of Economic Opportunity Florida Sports Foundation.
1610 2. The remaining proceeds of the Florida Professional
1611 Sports Team license plate must be allocated to Enterprise
1612 Florida, Inc. These funds must be deposited into the
1613 Professional Sports Development Trust Fund within the Department
1614 of Economic Opportunity. These funds must be used by Enterprise
1615 Florida, Inc., to promote the economic development of the sports
1616 industry; to distribute licensing and royalty fees to
1617 participating professional sports teams; to promote education
1618 programs in Florida schools that provide an awareness of the
1619 benefits of physical activity and nutrition standards; to
1620 partner with the Department of Education and the Department of
1621 Health to develop a program that recognizes schools whose
1622 students demonstrate excellent physical fitness or fitness
1623 improvement; to institute a grant program for communities
1624 bidding on minor sporting events that create an economic impact
1625 for the state; to distribute funds to Florida-based charities
1626 designated by Enterprise Florida, Inc., and the participating
1627 professional sports teams; and to fulfill the sports promotion
1628 responsibilities of the Department of Economic Opportunity.
1629 3. Enterprise Florida, Inc., shall provide an annual
1630 financial audit in accordance with s. 215.981 of its financial
1631 accounts and records by an independent certified public
1632 accountant pursuant to the contract established by the
1633 Department of Economic Opportunity. The auditor shall submit the
1634 audit report to the Department of Economic Opportunity for
1635 review and approval. If the audit report is approved, the
1636 Department of Economic Opportunity shall certify the audit
1637 report to the Auditor General for review.
1638 4. Notwithstanding the provisions of subparagraphs 1. and
1639 2., proceeds from the Professional Sports Development Trust Fund
1640 may also be used for operational expenses of Enterprise Florida,
1641 Inc., and financial support of the Sunshine State Games.
1642 (35) FLORIDA GOLF LICENSE PLATES.—
1643 (a) The Department of Highway Safety and Motor Vehicles
1644 shall develop a Florida Golf license plate as provided in this
1645 section. The word “Florida” must appear at the bottom of the
1646 plate. The Dade Amateur Golf Association, following consultation
1647 with the PGA TOUR, Enterprise Florida, Inc., the Florida Sports
1648 Foundation, the LPGA, and the PGA of America, may submit a
1649 revised sample plate for consideration by the department.
1650 (62) PROTECT FLORIDA SPRINGS LICENSE PLATES.—
1651 (b) The annual use fees shall be distributed to the
1652 Wildlife Foundation of Florida, Inc., a citizen support
1653 organization created pursuant to s. 379.223, which shall
1654 administer the fees as follows:
1655 1. Wildlife Foundation of Florida, Inc., shall retain the
1656 first $60,000 of the annual use fees as direct reimbursement for
1657 administrative costs, startup costs, and costs incurred in the
1658 development and approval process.
1659 2. Thereafter, a maximum of 10 percent of the fees may be
1660 used for administrative costs directly associated with education
1661 programs, conservation, springs research, and grant
1662 administration of the foundation. A maximum of 15 percent of the
1663 fees may be used for continuing promotion and marketing of the
1664 license plate.
1665 3. At least 55 percent of the fees shall be available for
1666 competitive grants for targeted community-based springs research
1667 not currently available for state funding. The remaining 20
1668 percent shall be directed toward community outreach programs
1669 aimed at implementing such research findings. The competitive
1670 grants shall be administered and approved by the board of
1671 directors of the Wildlife Foundation of Florida. The granting
1672 advisory committee shall be composed of nine members, including
1673 one representative from the Fish and Wildlife Conservation
1674 Commission, one representative from the Department of
1675 Environmental Protection, one representative from the Department
1676 of Health, one representative from the Department of Economic
1677 Opportunity Community Affairs, three citizen representatives,
1678 and two representatives from nonprofit stakeholder groups.
1679 4. The remaining funds shall be distributed with the
1680 approval of and accountability to the board of directors of the
1681 Wildlife Foundation of Florida, and shall be used to support
1682 activities contributing to education, outreach, and springs
1683 conservation.
1684 Section 53. Paragraph (b) of subsection (5) of section
1685 339.135, Florida Statutes, is amended to read:
1686 339.135 Work program; legislative budget request;
1687 definitions; preparation, adoption, execution, and amendment.—
1688 (5) ADOPTION OF THE WORK PROGRAM.—
1689 (b) Notwithstanding paragraph (a), and for the 2011-2012
1690 fiscal year only, the Department of Transportation shall
1691 transfer funds to the Department of Economic Opportunity Office
1692 of Tourism, Trade, and Economic Development in an amount equal
1693 to $15 million for the purpose of funding transportation-related
1694 needs of economic development projects. This transfer does shall
1695 not reduce, delete, or defer any existing projects funded, as of
1696 July 1, 2011, in the Department of Transportation’s 5-year work
1697 program. This paragraph expires July 1, 2012.
1698 Section 54. Subsection (1) of section 342.201, Florida
1699 Statutes, is amended to read:
1700 342.201 Waterfronts Florida Program.—
1701 (1) There is established within the Department of Economic
1702 Opportunity Environmental Protection the Waterfronts Florida
1703 Program to provide technical assistance and support to
1704 communities in revitalizing waterfront areas in this state.
1705 Section 55. Paragraph (h) of subsection (2) of section
1706 377.703, Florida Statutes, is amended to read:
1707 377.703 Additional functions of the Department of
1708 Agriculture and Consumer Services.—
1709 (2) DUTIES.—The department shall perform the following
1710 functions, unless as otherwise provided, consistent with the
1711 development of a state energy policy:
1712 (h) The department shall promote the development and use of
1713 renewable energy resources, in conformance with the provisions
1714 of chapter 187 and s. 377.601, by:
1715 1. Establishing goals and strategies for increasing the use
1716 of solar energy in this state.
1717 2. Aiding and promoting the commercialization of solar
1718 energy technology, in cooperation with the Florida Solar Energy
1719 Center, Enterprise Florida, Inc., and any other federal, state,
1720 or local governmental agency which may seek to promote research,
1721 development, and demonstration of solar energy equipment and
1722 technology.
1723 3. Identifying barriers to greater use of solar energy
1724 systems in this state, and developing specific recommendations
1725 for overcoming identified barriers, with findings and
1726 recommendations to be submitted annually in the report to the
1727 Governor and Legislature required under paragraph (f).
1728 4. In cooperation with the Department of Environmental
1729 Protection, the Department of Transportation, the Department of
1730 Economic Opportunity Community Affairs, Enterprise Florida,
1731 Inc., the Florida Solar Energy Center, and the Florida Solar
1732 Energy Industries Association, investigating opportunities,
1733 pursuant to the National Energy Policy Act of 1992, the Housing
1734 and Community Development Act of 1992, and any subsequent
1735 federal legislation, for solar electric vehicles and other solar
1736 energy manufacturing, distribution, installation, and financing
1737 efforts which will enhance this state’s position as the leader
1738 in solar energy research, development, and use.
1739 5. Undertaking other initiatives to advance the development
1740 and use of renewable energy resources in this state.
1741
1742 In the exercise of its responsibilities under this paragraph,
1743 the department shall seek the assistance of the solar energy
1744 industry in this state and other interested parties and is
1745 authorized to enter into contracts, retain professional
1746 consulting services, and expend funds appropriated by the
1747 Legislature for such purposes.
1748 Section 56. Paragraphs (c) and (d) of subsection (4) of
1749 section 377.809, Florida Statutes, are amended to read:
1750 377.809 Energy Economic Zone Pilot Program.—
1751 (4)
1752 (c) Upon approving an incentive for an eligible business,
1753 the governing body that has jurisdiction over the energy
1754 economic zone shall provide the taxpayer with a certificate
1755 indicating the name and federal identification number of the
1756 eligible business, the date the incentive is provided, the name
1757 of the energy economic zone, the incentive type, and the
1758 incentive amount. The local governing body shall certify to the
1759 Department of Revenue or the Department of Economic Opportunity
1760 Office of Tourism, Trade, and Economic Development, whichever is
1761 applicable, which businesses or properties are eligible to
1762 receive any or all of the state incentives according to their
1763 statutory requirements. The governing body that has jurisdiction
1764 over the energy economic zone shall provide a copy of the
1765 certificate to the Department of Revenue and the Department of
1766 Economic Opportunity Office of Tourism, Trade, and Economic
1767 Development as notification that such incentives were approved
1768 for the specific eligible business or property. For incentives
1769 to be claimed against the sales and use tax under chapter 212,
1770 the Department of Revenue shall send, within 14 days after
1771 receipt, written instructions to an eligible business on how to
1772 claim the credit on a sales and use tax return initiated through
1773 an electronic data interchange. Any credit against the sales and
1774 use tax shall be deducted from any sales and use tax remitted by
1775 the dealer to the Department of Revenue by electronic funds
1776 transfer and may be deducted only on a sales and use tax return
1777 initiated through an electronic data interchange. The dealer
1778 shall separately state the credit on the electronic return. The
1779 net amount of tax due and payable must be remitted by electronic
1780 funds transfer. If the credit exceeds the amount owed on the
1781 sales and use tax return, such excess amount may be carried
1782 forward for a period not to exceed 12 months after the date that
1783 the credit is initially claimed.
1784 (d) If all conditions are deemed met, the Department of
1785 Economic Opportunity Office of Tourism, Trade, and Economic
1786 Development and the Department of Revenue may adopt emergency
1787 rules pursuant to ss. 120.536(1) and 120.54 to administer the
1788 provisions of this subsection. The emergency rules shall remain
1789 in effect for 6 months after the rules are adopted, and the
1790 rules may be renewed while the procedures to adopt permanent
1791 rules addressing the subject of the emergency rules are pending.
1792 Section 57. Paragraph (b) of subsection (6), paragraph (b)
1793 of subsection (19), paragraphs (l) and (q) of subsection (24),
1794 and paragraphs (b) and (c) of subsection (29) of section 380.06,
1795 Florida Statutes, are amended to read:
1796 380.06 Developments of regional impact.—
1797 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
1798 PLAN AMENDMENTS.—
1799 (b) Any local government comprehensive plan amendments
1800 related to a proposed development of regional impact, including
1801 any changes proposed under subsection (19), may be initiated by
1802 a local planning agency or the developer and must be considered
1803 by the local governing body at the same time as the application
1804 for development approval using the procedures provided for local
1805 plan amendment in s. 163.3187 and applicable local ordinances,
1806 without regard to local limits on the frequency of consideration
1807 of amendments to the local comprehensive plan. This paragraph
1808 does not require favorable consideration of a plan amendment
1809 solely because it is related to a development of regional
1810 impact. The procedure for processing such comprehensive plan
1811 amendments is as follows:
1812 1. If a developer seeks a comprehensive plan amendment
1813 related to a development of regional impact, the developer must
1814 so notify in writing the regional planning agency, the
1815 applicable local government, and the state land planning agency
1816 no later than the date of preapplication conference or the
1817 submission of the proposed change under subsection (19).
1818 2. When filing the application for development approval or
1819 the proposed change, the developer must include a written
1820 request for comprehensive plan amendments that would be
1821 necessitated by the development-of-regional-impact approvals
1822 sought. That request must include data and analysis upon which
1823 the applicable local government can determine whether to
1824 transmit the comprehensive plan amendment pursuant to s.
1825 163.3184.
1826 3. The local government must advertise a public hearing on
1827 the transmittal within 30 days after filing the application for
1828 development approval or the proposed change and must make a
1829 determination on the transmittal within 60 days after the
1830 initial filing unless that time is extended by the developer.
1831 4. If the local government approves the transmittal,
1832 procedures set forth in s. 163.3184(3)(b) and (c)
1833 163.3184(4)(b)-(d) must be followed.
1834 5. Notwithstanding subsection (11) or subsection (19), the
1835 local government may not hold a public hearing on the
1836 application for development approval or the proposed change or
1837 on the comprehensive plan amendments sooner than 30 days after
1838 from receipt of the response from the state land planning agency
1839 pursuant to s. 163.3184(3)(c)1. 163.3184(4)(d).
1840 6. The local government must hear both the application for
1841 development approval or the proposed change and the
1842 comprehensive plan amendments at the same hearing. However, the
1843 local government must take action separately on the application
1844 for development approval or the proposed change and on the
1845 comprehensive plan amendments.
1846 7. Thereafter, the appeal process for the local government
1847 development order must follow the provisions of s. 380.07, and
1848 the compliance process for the comprehensive plan amendments
1849 must follow the provisions of s. 163.3184.
1850 (19) SUBSTANTIAL DEVIATIONS.—
1851 (b) Any proposed change to a previously approved
1852 development of regional impact or development order condition
1853 which, either individually or cumulatively with other changes,
1854 exceeds any of the following criteria shall constitute a
1855 substantial deviation and shall cause the development to be
1856 subject to further development-of-regional-impact review without
1857 the necessity for a finding of same by the local government:
1858 1. An increase in the number of parking spaces at an
1859 attraction or recreational facility by 15 percent or 500 spaces,
1860 whichever is greater, or an increase in the number of spectators
1861 that may be accommodated at such a facility by 15 percent or
1862 1,500 spectators, whichever is greater.
1863 2. A new runway, a new terminal facility, a 25 percent 25
1864 percent lengthening of an existing runway, or a 25 percent 25
1865 percent increase in the number of gates of an existing terminal,
1866 but only if the increase adds at least three additional gates.
1867 3. An increase in land area for office development by 15
1868 percent or an increase of gross floor area of office development
1869 by 15 percent or 100,000 gross square feet, whichever is
1870 greater.
1871 4. An increase in the number of dwelling units by 10
1872 percent or 55 dwelling units, whichever is greater.
1873 5. An increase in the number of dwelling units by 50
1874 percent or 200 units, whichever is greater, provided that 15
1875 percent of the proposed additional dwelling units are dedicated
1876 to affordable workforce housing, subject to a recorded land use
1877 restriction that shall be for a period of not less than 20 years
1878 and that includes resale provisions to ensure long-term
1879 affordability for income-eligible homeowners and renters and
1880 provisions for the workforce housing to be commenced prior to
1881 the completion of 50 percent of the market rate dwelling. For
1882 purposes of this subparagraph, the term “affordable workforce
1883 housing” means housing that is affordable to a person who earns
1884 less than 120 percent of the area median income, or less than
1885 140 percent of the area median income if located in a county in
1886 which the median purchase price for a single-family existing
1887 home exceeds the statewide median purchase price of a single
1888 family existing home. For purposes of this subparagraph, the
1889 term “statewide median purchase price of a single-family
1890 existing home” means the statewide purchase price as determined
1891 in the Florida Sales Report, Single-Family Existing Homes,
1892 released each January by the Florida Association of Realtors and
1893 the University of Florida Real Estate Research Center.
1894 6. An increase in commercial development by 60,000 square
1895 feet of gross floor area or of parking spaces provided for
1896 customers for 425 cars or a 10 percent 10-percent increase,
1897 whichever is greater.
1898 7. An increase in a recreational vehicle park area by 10
1899 percent or 110 vehicle spaces, whichever is less.
1900 8. A decrease in the area set aside for open space of 5
1901 percent or 20 acres, whichever is less.
1902 9. A proposed increase to an approved multiuse development
1903 of regional impact where the sum of the increases of each land
1904 use as a percentage of the applicable substantial deviation
1905 criteria is equal to or exceeds 110 percent. The percentage of
1906 any decrease in the amount of open space shall be treated as an
1907 increase for purposes of determining when 110 percent has been
1908 reached or exceeded.
1909 10. A 15 percent 15-percent increase in the number of
1910 external vehicle trips generated by the development above that
1911 which was projected during the original development-of-regional
1912 impact review.
1913 11. Any change that which would result in development of
1914 any area which was specifically set aside in the application for
1915 development approval or in the development order for
1916 preservation or special protection of endangered or threatened
1917 plants or animals designated as endangered, threatened, or
1918 species of special concern and their habitat, any species
1919 protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
1920 archaeological and historical sites designated as significant by
1921 the Division of Historical Resources of the Department of State.
1922 The refinement of the boundaries and configuration of such areas
1923 shall be considered under sub-subparagraph (e)2.j.
1924
1925 The substantial deviation numerical standards in subparagraphs
1926 3., 6., and 9., excluding residential uses, and in subparagraph
1927 10., are increased by 100 percent for a project certified under
1928 s. 403.973 which creates jobs and meets criteria established by
1929 the Department of Economic Opportunity Office of Tourism, Trade,
1930 and Economic Development as to its impact on an area’s economy,
1931 employment, and prevailing wage and skill levels. The
1932 substantial deviation numerical standards in subparagraphs 3.,
1933 4., 5., 6., 9., and 10. are increased by 50 percent for a
1934 project located wholly within an urban infill and redevelopment
1935 area designated on the applicable adopted local comprehensive
1936 plan future land use map and not located within the coastal high
1937 hazard area.
1938 (24) STATUTORY EXEMPTIONS.—
1939 (l) Any proposed development within an urban service
1940 boundary established under s. 163.3177(14), Florida Statutes
1941 (2010), which is not otherwise exempt pursuant to subsection
1942 (29), is exempt from this section if the local government having
1943 jurisdiction over the area where the development is proposed has
1944 adopted the urban service boundary and has entered into a
1945 binding agreement with jurisdictions that would be impacted and
1946 with the Department of Transportation regarding the mitigation
1947 of impacts on state and regional transportation facilities.
1948 (q) Any development identified in an airport master plan
1949 and adopted into the comprehensive plan pursuant to s.
1950 163.3177(6)(k), Florida Statutes (2010) is exempt from this
1951 section.
1952
1953 If a use is exempt from review as a development of regional
1954 impact under paragraphs (a)-(u), but will be part of a larger
1955 project that is subject to review as a development of regional
1956 impact, the impact of the exempt use must be included in the
1957 review of the larger project, unless such exempt use involves a
1958 development of regional impact that includes a landowner,
1959 tenant, or user that has entered into a funding agreement with
1960 the Department of Economic Opportunity under the Innovation
1961 Incentive Program and the agreement contemplates a state award
1962 of at least $50 million.
1963 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
1964 (b) If a municipality that does not qualify as a dense
1965 urban land area pursuant to s. 163.3164 designates any of the
1966 following areas in its comprehensive plan, any proposed
1967 development within the designated area is exempt from the
1968 development-of-regional-impact process:
1969 1. Urban infill as defined in s. 163.3164;
1970 2. Community redevelopment areas as defined in s. 163.340;
1971 3. Downtown revitalization areas as defined in s. 163.3164;
1972 4. Urban infill and redevelopment under s. 163.2517; or
1973 5. Urban service areas as defined in s. 163.3164 or areas
1974 within a designated urban service boundary under s.
1975 163.3177(14).
1976 (c) If a county that does not qualify as a dense urban land
1977 area pursuant to s. 163.3164 designates any of the following
1978 areas in its comprehensive plan, any proposed development within
1979 the designated area is exempt from the development-of-regional
1980 impact process:
1981 1. Urban infill as defined in s. 163.3164;
1982 2. Urban infill and redevelopment under s. 163.2517; or
1983 3. Urban service areas as defined in s. 163.3164.
1984 Section 58. Paragraph (a) of subsection (4) of section
1985 402.56, Florida Statutes, is amended to read:
1986 402.56 Children’s cabinet; organization; responsibilities;
1987 annual report.—
1988 (4) MEMBERS.—The cabinet shall consist of 14 members
1989 including the Governor and the following persons:
1990 (a)1. The Secretary of Children and Family Services;
1991 2. The Secretary of Juvenile Justice;
1992 3. The director of the Agency for Persons with
1993 Disabilities;
1994 4. The director of the Office Division of Early Learning;
1995 5. The State Surgeon General;
1996 6. The Secretary of Health Care Administration;
1997 7. The Commissioner of Education;
1998 8. The director of the Statewide Guardian Ad Litem Office;
1999 9. The director of the Office of Child Abuse Prevention;
2000 and
2001 10. Five members representing children and youth advocacy
2002 organizations, who are not service providers and who are
2003 appointed by the Governor.
2004 Section 59. Subsection (6) of section 403.0891, Florida
2005 Statutes, is amended to read:
2006 403.0891 State, regional, and local stormwater management
2007 plans and programs.—The department, the water management
2008 districts, and local governments shall have the responsibility
2009 for the development of mutually compatible stormwater management
2010 programs.
2011 (6) The department and the Department of Economic
2012 Opportunity Community Affairs, in cooperation with local
2013 governments in the coastal zone, shall develop a model
2014 stormwater management program that could be adopted by local
2015 governments. The model program shall contain dedicated funding
2016 options, including a stormwater utility fee system based upon an
2017 equitable unit cost approach. Funding options shall be designed
2018 to generate capital to retrofit existing stormwater management
2019 systems, build new treatment systems, operate facilities, and
2020 maintain and service debt.
2021 Section 60. Subsection (8) of section 420.503, Florida
2022 Statutes, is amended to read:
2023 420.503 Definitions.—As used in this part, the term:
2024 (8) “Contract” means the contract between the executive
2025 director secretary of the department and the corporation for
2026 provision of housing services referenced in s. 420.0006.
2027 Section 61. Subsection (30) of section 420.507, Florida
2028 Statutes, is amended to read:
2029 420.507 Powers of the corporation.—The corporation shall
2030 have all the powers necessary or convenient to carry out and
2031 effectuate the purposes and provisions of this part, including
2032 the following powers which are in addition to all other powers
2033 granted by other provisions of this part:
2034 (30) To prepare and submit to the executive director
2035 secretary of the department a budget request for purposes of the
2036 corporation, which request shall, notwithstanding the provisions
2037 of chapter 216 and in accordance with s. 216.351, contain a
2038 request for operational expenditures and separate requests for
2039 other authorized corporation programs. The request need shall
2040 not be required to contain information on the number of
2041 employees, salaries, or any classification thereof, and the
2042 approved operating budget therefor need not comply with s.
2043 216.181(8)-(10). The executive director may secretary is
2044 authorized to include within the department’s budget request the
2045 corporation’s budget request in the form as authorized by this
2046 section.
2047 Section 62. Paragraph (d) of subsection (1) of section
2048 420.101, Florida Statutes, is amended to read:
2049 420.101 Housing Development Corporation of Florida;
2050 creation, membership, and purposes.—
2051 (1) Twenty-five or more persons, a majority of whom shall
2052 be residents of this state, who may desire to create a housing
2053 development corporation under the provisions of this part for
2054 the purpose of promoting and developing housing and advancing
2055 the prosperity and economic welfare of the state and, to that
2056 end, to exercise the powers and privileges hereinafter provided,
2057 may be incorporated by filing in the Department of State, as
2058 hereinafter provided, articles of incorporation. The articles of
2059 incorporation shall contain:
2060 (d) The names and post office addresses of the members of
2061 the first board of directors. The first board of directors shall
2062 be elected by and from the stockholders of the corporation and
2063 shall consist of 21 members. However, five of such members shall
2064 consist of the following persons, who shall be nonvoting
2065 members: the executive director secretary of the Department of
2066 Economic Opportunity or her or his designee; the head of the
2067 Department of Financial Services or her or his designee with
2068 expertise in banking matters; a designee of the head of the
2069 Department of Financial Services with expertise in insurance
2070 matters; one state senator appointed by the President of the
2071 Senate; and one representative appointed by the Speaker of the
2072 House of Representatives.
2073 Section 63. Section 420.0005, Florida Statutes, is amended
2074 to read:
2075 420.0005 State Housing Trust Fund; State Housing Fund.
2076 There is hereby established in the State Treasury a separate
2077 trust fund to be named the “State Housing Trust Fund.” There
2078 shall be deposited in the fund all moneys appropriated by the
2079 Legislature, or moneys received from any other source, for the
2080 purpose of this chapter, and all proceeds derived from the use
2081 of such moneys. The fund shall be administered by the Florida
2082 Housing Finance Corporation on behalf of the department, as
2083 specified in this chapter. Money deposited to the fund and
2084 appropriated by the Legislature must, notwithstanding the
2085 provisions of chapter 216 or s. 420.504(3), be transferred
2086 quarterly in advance, to the extent available, or, if not so
2087 available, as soon as received into the State Housing Trust
2088 Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
2089 by the Chief Financial Officer to the corporation upon
2090 certification by the executive director of the Department of
2091 Economic Opportunity that the corporation is in compliance with
2092 the requirements of s. 420.0006. The certification made by the
2093 executive director secretary shall also include the split of
2094 funds among programs administered by the corporation and the
2095 department as specified in chapter 92-317, Laws of Florida, as
2096 amended. Moneys advanced by the Chief Financial Officer must be
2097 deposited by the corporation into a separate fund established
2098 with a qualified public depository meeting the requirements of
2099 chapter 280 to be named the “State Housing Fund” and used for
2100 the purposes of this chapter. Administrative and personnel costs
2101 incurred in implementing this chapter may be paid from the State
2102 Housing Fund, but such costs may not exceed 5 percent of the
2103 moneys deposited into such fund. To the State Housing Fund shall
2104 be credited all loan repayments, penalties, and other fees and
2105 charges accruing to such fund under this chapter. It is the
2106 intent of this chapter that all loan repayments, penalties, and
2107 other fees and charges collected be credited in full to the
2108 program account from which the loan originated. Moneys in the
2109 State Housing Fund which are not currently needed for the
2110 purposes of this chapter shall be invested in such manner as is
2111 provided for by statute. The interest received on any such
2112 investment shall be credited to the State Housing Fund.
2113 Section 64. Section 420.0006, Florida Statutes, is amended
2114 to read:
2115 420.0006 Authority to contract with corporation; contract
2116 requirements; nonperformance.—The executive director secretary
2117 of the department shall contract, notwithstanding the provisions
2118 of part I of chapter 287, with the Florida Housing Finance
2119 Corporation on a multiyear basis to stimulate, provide, and
2120 foster affordable housing in the state. The contract must
2121 incorporate the performance measures required by s. 420.511 and
2122 must be consistent with the provisions of the corporation’s
2123 strategic plan prepared in accordance with s. 420.511. The
2124 contract must provide that, in the event the corporation fails
2125 to comply with any of the performance measures required by s.
2126 420.511, the executive director secretary shall notify the
2127 Governor and shall refer the nonperformance to the department’s
2128 inspector general for review and determination as to whether
2129 such failure is due to forces beyond the corporation’s control
2130 or whether such failure is due to inadequate management of the
2131 corporation’s resources. Advances shall continue to be made
2132 pursuant to s. 420.0005 during the pendency of the review by the
2133 department’s inspector general. If such failure is due to
2134 outside forces, it shall not be deemed a violation of the
2135 contract. If such failure is due to inadequate management, the
2136 department’s inspector general shall provide recommendations
2137 regarding solutions. The Governor is authorized to resolve any
2138 differences of opinion with respect to performance under the
2139 contract and may request that advances continue in the event of
2140 a failure under the contract due to inadequate management. The
2141 Chief Financial Officer shall approve the request absent a
2142 finding by the Chief Financial Officer that continuing such
2143 advances would adversely impact the state; however, in any event
2144 the Chief Financial Officer shall provide advances sufficient to
2145 meet the debt service requirements of the corporation and
2146 sufficient to fund contracts committing funds from the State
2147 Housing Trust Fund so long as such contracts are in accordance
2148 with the laws of this state.
2149 Section 65. Subsection (26) of section 443.036, Florida
2150 Statutes, is amended to read:
2151 443.036 Definitions.—As used in this chapter, the term:
2152 (26) “Initial skills review” means an online education or
2153 training program, such as that established under s. 1004.99,
2154 which that is approved by the Department of Economic Opportunity
2155 Agency for Workforce Innovation and designed to measure an
2156 individual’s mastery level of workplace skills.
2157 Section 66. Paragraphs (c) and (d) of subsection (1) of
2158 section 443.091, Florida Statutes, are amended to read:
2159 443.091 Benefit eligibility conditions.—
2160 (1) An unemployed individual is eligible to receive
2161 benefits for any week only if the Department of Economic
2162 Opportunity finds that:
2163 (c) To make continued claims for benefits, she or he is
2164 reporting to the department in accordance with this paragraph
2165 and department agency rules, and participating in an initial
2166 skills review as directed by the department agency. Department
2167 Agency rules may not conflict with s. 443.111(1)(b), which
2168 requires that each claimant continue to report regardless of any
2169 pending appeal relating to her or his eligibility or
2170 disqualification for benefits.
2171 1. For each week of unemployment claimed, each report must,
2172 at a minimum, include the name, address, and telephone number of
2173 each prospective employer contacted, or the date the claimant
2174 reported to a one-stop career center, pursuant to paragraph (d).
2175 2. The administrator or operator of the initial skills
2176 review shall notify the department agency when the individual
2177 completes the initial skills review and report the results of
2178 the review to the regional workforce board or the one-stop
2179 career center as directed by the workforce board. The workforce
2180 board shall use the initial skills review to develop a plan for
2181 referring individuals to training and employment opportunities.
2182 The failure of the individual to comply with this requirement
2183 will result in the individual being determined ineligible for
2184 benefits for the week in which the noncompliance occurred and
2185 for any subsequent week of unemployment until the requirement is
2186 satisfied. However, this requirement does not apply if the
2187 individual is able to affirmatively attest to being unable to
2188 complete such review due to illiteracy or a language impediment.
2189 (d) She or he is able to work and is available for work. In
2190 order to assess eligibility for a claimed week of unemployment,
2191 the department shall develop criteria to determine a claimant’s
2192 ability to work and availability for work. A claimant must be
2193 actively seeking work in order to be considered available for
2194 work. This means engaging in systematic and sustained efforts to
2195 find work, including contacting at least five prospective
2196 employers for each week of unemployment claimed. The department
2197 agency may require the claimant to provide proof of such efforts
2198 to the one-stop career center as part of reemployment services.
2199 The department agency shall conduct random reviews of work
2200 search information provided by claimants. As an alternative to
2201 contacting at least five prospective employers for any week of
2202 unemployment claimed, a claimant may, for that same week, report
2203 in person to a one-stop career center to meet with a
2204 representative of the center and access reemployment services of
2205 the center. The center shall keep a record of the services or
2206 information provided to the claimant and shall provide the
2207 records to the department agency upon request by the department
2208 agency. However:
2209 1. Notwithstanding any other provision of this paragraph or
2210 paragraphs (b) and (e), an otherwise eligible individual may not
2211 be denied benefits for any week because she or he is in training
2212 with the approval of the department, or by reason of s.
2213 443.101(2) relating to failure to apply for, or refusal to
2214 accept, suitable work. Training may be approved by the
2215 department in accordance with criteria prescribed by rule. A
2216 claimant’s eligibility during approved training is contingent
2217 upon satisfying eligibility conditions prescribed by rule.
2218 2. Notwithstanding any other provision of this chapter, an
2219 otherwise eligible individual who is in training approved under
2220 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
2221 determined ineligible or disqualified for benefits due to
2222 enrollment in such training or because of leaving work that is
2223 not suitable employment to enter such training. As used in this
2224 subparagraph, the term “suitable employment” means work of a
2225 substantially equal or higher skill level than the worker’s past
2226 adversely affected employment, as defined for purposes of the
2227 Trade Act of 1974, as amended, the wages for which are at least
2228 80 percent of the worker’s average weekly wage as determined for
2229 purposes of the Trade Act of 1974, as amended.
2230 3. Notwithstanding any other provision of this section, an
2231 otherwise eligible individual may not be denied benefits for any
2232 week because she or he is before any state or federal court
2233 pursuant to a lawfully issued summons to appear for jury duty.
2234 Section 67. Paragraph (a) of subsection (5) of section
2235 443.111, Florida Statutes, is amended to read:
2236 443.111 Payment of benefits.—
2237 (5) DURATION OF BENEFITS.—
2238 (a) As used in this section, the term “Florida average
2239 unemployment rate” means the average of the 3 months for the
2240 most recent third calendar year quarter of the seasonally
2241 adjusted statewide unemployment rates as published by the
2242 Department of Economic Opportunity Agency for Workforce
2243 Innovation.
2244 Section 68. Paragraph (b) of subsection (1) of section
2245 443.141, Florida Statutes, is amended to read:
2246 443.141 Collection of contributions and reimbursements.—
2247 (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
2248 ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
2249 (b) Penalty for delinquent, erroneous, incomplete, or
2250 insufficient reports.—
2251 1. An employing unit that fails to file any report required
2252 by the Department of Economic Opportunity or its tax collection
2253 service provider, in accordance with rules for administering
2254 this chapter, shall pay to the service provider for each
2255 delinquent report the sum of $25 for each 30 days or fraction
2256 thereof that the employing unit is delinquent, unless the
2257 department agency or its service provider, whichever required
2258 the report, finds that the employing unit has good reason for
2259 failing to file the report. The department or its service
2260 provider may assess penalties only through the date of the
2261 issuance of the final assessment notice. However, additional
2262 penalties accrue if the delinquent report is subsequently filed.
2263 2.a. An employing unit that files an erroneous, incomplete,
2264 or insufficient report with the department or its tax collection
2265 service provider shall pay a penalty. The amount of the penalty
2266 is $50 or 10 percent of any tax due, whichever is greater, but
2267 no more than $300 per report. The penalty shall be added to any
2268 tax, penalty, or interest otherwise due.
2269 b. The department or its tax collection service provider
2270 shall waive the penalty if the employing unit files an accurate,
2271 complete, and sufficient report within 30 days after a penalty
2272 notice is issued to the employing unit. The penalty may not be
2273 waived pursuant to this subparagraph more than one time during a
2274 12-month period.
2275 c. As used in this subsection, the term “erroneous,
2276 incomplete, or insufficient report” means a report so lacking in
2277 information, completeness, or arrangement that the report cannot
2278 be readily understood, verified, or reviewed. Such reports
2279 include, but are not limited to, reports having missing wage or
2280 employee information, missing or incorrect social security
2281 numbers, or illegible entries; reports submitted in a format
2282 that is not approved by the department or its tax collection
2283 service provider; and reports showing gross wages that do not
2284 equal the total of the wages of each employee. However, the term
2285 does not include a report that merely contains inaccurate data
2286 that was supplied to the employer by the employee, if the
2287 employer was unaware of the inaccuracy.
2288 3. Penalties imposed pursuant to this paragraph shall be
2289 deposited in the Special Employment Security Administration
2290 Trust Fund.
2291 4. The penalty and interest for a delinquent, erroneous,
2292 incomplete, or insufficient report may be waived if the penalty
2293 or interest is inequitable. The provisions of s. 213.24(1) apply
2294 to any penalty or interest that is imposed under this section.
2295 Section 69. Paragraph (b) of subsection (2) of section
2296 443.1715, Florida Statutes, is amended to read:
2297 443.1715 Disclosure of information; confidentiality.—
2298 (2) DISCLOSURE OF INFORMATION.—
2299 (b) The employer or the employer’s workers’ compensation
2300 carrier against whom a claim for benefits under chapter 440 has
2301 been made, or a representative of either, may request from the
2302 department records of wages of the employee reported to the
2303 department by any employer for the quarter that includes the
2304 date of the accident that is the subject of such claim and for
2305 subsequent quarters.
2306 1. The request must be made with the authorization or
2307 consent of the employee or any employer who paid wages to the
2308 employee after the date of the accident.
2309 2. The employer or carrier shall make the request on a form
2310 prescribed by rule for such purpose by the department agency.
2311 Such form shall contain a certification by the requesting party
2312 that it is a party entitled to the information requested.
2313 3. The department shall provide the most current
2314 information readily available within 15 days after receiving the
2315 request.
2316 Section 70. Subsections (1), (2), (4), (5), (6), and (7) of
2317 section 443.17161, Florida Statutes, are amended to read:
2318 443.17161 Authorized electronic access to employer
2319 information.—
2320 (1) Notwithstanding any other provision of this chapter,
2321 the Department of Economic Opportunity Agency for Workforce
2322 Innovation shall contract with one or more consumer reporting
2323 agencies to provide users with secured electronic access to
2324 employer-provided information relating to the quarterly wages
2325 report submitted in accordance with the state’s unemployment
2326 compensation law. The access is limited to the wage reports for
2327 the appropriate amount of time for the purpose the information
2328 is requested.
2329 (2) Users must obtain consent in writing or by electronic
2330 signature from an applicant for credit, employment, or other
2331 permitted purposes. Any written or electronic signature consent
2332 from an applicant must be signed and must include the following:
2333 (a) Specific notice that information concerning the
2334 applicant’s wage and employment history will be released to a
2335 consumer reporting agency;
2336 (b) Notice that the release is made for the sole purpose of
2337 reviewing the specific application for credit, employment, or
2338 other permitted purpose made by the applicant;
2339 (c) Notice that the files of the Department of Economic
2340 Opportunity Agency for Workforce Innovation or its tax
2341 collection service provider containing information concerning
2342 wage and employment history which is submitted by the applicant
2343 or his or her employers may be accessed; and
2344 (d) A listing of the parties authorized to receive the
2345 released information.
2346 (4) If a consumer reporting agency or user violates this
2347 section, the Department of Economic Opportunity Agency for
2348 Workforce Innovation shall, upon 30 days’ written notice to the
2349 consumer reporting agency, terminate the contract established
2350 between the Department of Economic Opportunity Agency for
2351 Workforce Innovation and the consumer reporting agency or
2352 require the consumer reporting agency to terminate the contract
2353 established between the consumer reporting agency and the user
2354 under this section.
2355 (5) The Department of Economic Opportunity Agency for
2356 Workforce Innovation shall establish minimum audit, security,
2357 net worth, and liability insurance standards, technical
2358 requirements, and any other terms and conditions considered
2359 necessary in the discretion of the state agency to safeguard the
2360 confidentiality of the information released under this section
2361 and to otherwise serve the public interest. The Department of
2362 Economic Opportunity Agency for Workforce Innovation shall also
2363 include, in coordination with any necessary state agencies,
2364 necessary audit procedures to ensure that these rules are
2365 followed.
2366 (6) In contracting with one or more consumer reporting
2367 agencies under this section, any revenues generated by the
2368 contract must be used to pay the entire cost of providing access
2369 to the information. Further, in accordance with federal
2370 regulations, any additional revenues generated by the Department
2371 of Economic Opportunity Agency for Workforce Innovation or the
2372 state under this section must be paid into the Administrative
2373 Trust Fund of the Department of Economic Opportunity Agency for
2374 Workforce Innovation for the administration of the unemployment
2375 compensation system or be used as program income.
2376 (7) The Department of Economic Opportunity Agency for
2377 Workforce Innovation may not provide wage and employment history
2378 information to any consumer reporting agency before the consumer
2379 reporting agency or agencies under contract with the Department
2380 of Economic Opportunity Agency for Workforce Innovation pay all
2381 development and other startup costs incurred by the state in
2382 connection with the design, installation, and administration of
2383 technological systems and procedures for the electronic access
2384 program.
2385 Section 71. Subsection (2) of section 446.50, Florida
2386 Statutes, is amended to read:
2387 446.50 Displaced homemakers; multiservice programs; report
2388 to the Legislature; Displaced Homemaker Trust Fund created.—
2389 (2) DEFINITION.—For the purposes of this section, the term
2390 “displaced homemaker” means an individual who:
2391 (a) Is 35 years of age or older;
2392 (b) Has worked in the home, providing unpaid household
2393 services for family members;
2394 (c) Is not adequately employed, as defined by rule of the
2395 department agency;
2396 (d) Has had, or would have, difficulty in securing adequate
2397 employment; and
2398 (e) Has been dependent on the income of another family
2399 member but is no longer supported by such income, or has been
2400 dependent on federal assistance.
2401 Section 72. Section 450.261, Florida Statutes, is amended
2402 to read:
2403 450.261 Interstate Migrant Labor Commission; Florida
2404 membership.—In selecting the Florida membership of the
2405 Interstate Migrant Labor Commission, the Governor may designate
2406 the executive director secretary of the Department of Economic
2407 Opportunity as his or her representative.
2408 Section 73. Paragraph (c) of subsection (7) of section
2409 509.032, Florida Statutes, is amended to read:
2410 509.032 Duties.—
2411 (7) PREEMPTION AUTHORITY.—
2412 (c) Paragraph (b) does not apply to any local law,
2413 ordinance, or regulation exclusively relating to property
2414 valuation as a criterion for vacation rental if the local law,
2415 ordinance, or regulation is required to be approved by the state
2416 land planning agency Department of Community Affairs pursuant to
2417 an area of critical state concern designation.
2418 Section 74. Subsection (3) of section 624.5105, Florida
2419 Statutes, is amended to read:
2420 624.5105 Community contribution tax credit; authorization;
2421 limitations; eligibility and application requirements;
2422 administration; definitions; expiration.—
2423 (3) APPLICATION REQUIREMENTS.—
2424 (a) Any eligible sponsor wishing to participate in this
2425 program must submit a proposal to the Department of Economic
2426 Opportunity Office of Tourism, Trade, and Economic Development
2427 which sets forth the sponsor, the project, the area in which the
2428 project is located, and such supporting information as may be
2429 prescribed by rule. The proposal shall also contain a resolution
2430 from the local governmental unit in which the proposed project
2431 is located certifying that the project is consistent with local
2432 plans and regulations.
2433 (b)1. Any insurer wishing to participate in this program
2434 must submit an application for tax credit to the Department of
2435 Economic Opportunity office which sets forth the sponsor; the
2436 project; and the type, value, and purpose of the contribution.
2437 The sponsor must verify, in writing, the terms of the
2438 application and indicate its willingness to receive the
2439 contribution, which verification must accompany the application
2440 for tax credit.
2441 2. The insurer must submit a separate application for tax
2442 credit for each individual contribution which it proposes to
2443 contribute to each individual project.
2444 Section 75. Subsection (4) of section 1002.75, Florida
2445 Statutes, is amended to read:
2446 1002.75 Office of Early Learning; powers and duties;
2447 operational requirements.—
2448 (4) The Office of Early Learning shall also adopt
2449 procedures for the agency’s distribution of funds to early
2450 learning coalitions under s. 1002.71.
2451 Section 76. Subsection (2) of section 1002.79, Florida
2452 Statutes, is amended to read:
2453 1002.79 Rulemaking authority.—
2454 (2) The Office of Early Learning shall adopt rules under
2455 ss. 120.536(1) and 120.54 to administer the provisions of this
2456 part conferring duties upon the office agency.
2457 Section 77. Paragraph (a) of subsection (1) of section
2458 259.035, Florida Statutes, is amended to read:
2459 259.035 Acquisition and Restoration Council.—
2460 (1) There is created the Acquisition and Restoration
2461 Council.
2462 (a) The council shall be composed of 10 eleven voting
2463 members, four of whom shall be appointed by the Governor. Of
2464 these four appointees, three shall be from scientific
2465 disciplines related to land, water, or environmental sciences
2466 and the fourth shall have at least 5 years of experience in
2467 managing lands for both active and passive types of recreation.
2468 They shall serve 4-year terms, except that, initially, to
2469 provide for staggered terms, two of the appointees shall serve
2470 2-year terms. All subsequent appointments shall be for 4-year
2471 terms. An No appointee may not shall serve more than 6 years.
2472 The Governor may at any time fill a vacancy for the unexpired
2473 term of a member appointed under this paragraph.
2474 Section 78. Subsection (2) of section 288.12265, Florida
2475 Statutes, is amended to read:
2476 288.12265 Welcome centers.—
2477 (2) Enterprise Florida, Inc., shall administer and operate
2478 the welcome centers. Pursuant to a contract with the Department
2479 of Transportation, Enterprise Florida, Inc., shall be
2480 responsible for routine repair, replacement, or improvement and
2481 the day-to-day management of interior areas occupied by the
2482 welcome centers. All other repairs, replacements, or
2483 improvements to the welcome centers shall be the responsibility
2484 of the Department of Transportation. Enterprise Florida, Inc.,
2485 may contract with the Florida Tourism Industry Marketing
2486 Corporation for the management and operation of the welcome
2487 centers.
2488 Section 79. Paragraph (a) of subsection (5) of section
2489 288.901, Florida Statutes, is amended to read:
2490 288.901 Enterprise Florida, Inc.—
2491 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
2492 (a) In addition to the Governor or the Governor’s designee,
2493 the board of directors shall consist of the following appointed
2494 members:
2495 1. The Commissioner of Education or the commissioner’s
2496 designee.
2497 2. The Chief Financial Officer or his or her designee.
2498 3. The chairperson of the board of directors of Workforce
2499 Florida, Inc.
2500 4. The Secretary of State or the secretary’s designee.
2501 5. Twelve members from the private sector, six of whom
2502 shall be appointed by the Governor, three of whom shall be
2503 appointed by the President of the Senate, and three of whom
2504 shall be appointed by the Speaker of the House of
2505 Representatives. Members appointed by the Governor All
2506 appointees are subject to Senate confirmation.
2507 Section 80. Paragraph (d) of subsection (2) and subsection
2508 (3) of section 288.980, Florida Statutes, are amended to read:
2509 288.980 Military base retention; legislative intent; grants
2510 program.—
2511 (2)
2512 (d) In making grant awards the department office shall
2513 consider, at a minimum, the following factors:
2514 1. The relative value of the particular military
2515 installation in terms of its importance to the local and state
2516 economy relative to other military installations vulnerable to
2517 closure.
2518 2. The potential job displacement within the local
2519 community should the military installation be closed.
2520 3. The potential adverse impact on industries and
2521 technologies which service the military installation.
2522 (3) The Florida Economic Reinvestment Initiative is
2523 established to respond to the need for this state and defense
2524 dependent communities in this state to develop alternative
2525 economic diversification strategies to lessen reliance on
2526 national defense dollars in the wake of base closures and
2527 reduced federal defense expenditures and the need to formulate
2528 specific base reuse plans and identify any specific
2529 infrastructure needed to facilitate reuse. The initiative shall
2530 consist of the following three two distinct grant programs to be
2531 administered by the department:
2532 (a) The Florida Defense Planning Grant Program, through
2533 which funds shall be used to analyze the extent to which the
2534 state is dependent on defense dollars and defense infrastructure
2535 and prepare alternative economic development strategies. The
2536 state shall work in conjunction with defense-dependent
2537 communities in developing strategies and approaches that will
2538 help communities make the transition from a defense economy to a
2539 nondefense economy. Grant awards may not exceed $250,000 per
2540 applicant and shall be available on a competitive basis.
2541 (b) The Florida Defense Implementation Grant Program,
2542 through which funds shall be made available to defense-dependent
2543 communities to implement the diversification strategies
2544 developed pursuant to paragraph (a). Eligible applicants include
2545 defense-dependent counties and cities, and local economic
2546 development councils located within such communities. Grant
2547 awards may not exceed $100,000 per applicant and shall be
2548 available on a competitive basis. Awards shall be matched on a
2549 one-to-one basis.
2550 (c) The Florida Military Installation Reuse Planning and
2551 Marketing Grant Program, through which funds shall be used to
2552 help counties, cities, and local economic development councils
2553 develop and implement plans for the reuse of closed or realigned
2554 military installations, including any necessary infrastructure
2555 improvements needed to facilitate reuse and related marketing
2556 activities.
2557
2558 Applications for grants under this subsection must include a
2559 coordinated program of work or plan of action delineating how
2560 the eligible project will be administered and accomplished,
2561 which must include a plan for ensuring close cooperation between
2562 civilian and military authorities in the conduct of the funded
2563 activities and a plan for public involvement.
2564 Section 81. Section 331.3081, Florida Statutes, is amended
2565 to read:
2566 331.3081 Board of directors; advisory board.—
2567 (1) Space Florida shall be governed by a 13member 12
2568 member independent board of directors that consists of the
2569 members appointed to the board of directors of Enterprise
2570 Florida, Inc., by the Governor, the President of the Senate, and
2571 the Speaker of the House of Representatives pursuant to s.
2572 288.901(5)(a)5. The Governor or the Governor’s designee shall be
2573 an ex officio voting member and shall serve as the chair of the
2574 board.
2575 (2) Space Florida shall have a 15-member advisory council,
2576 appointed by the Governor from a list of nominations submitted
2577 by the board of directors. The advisory council shall be
2578 composed of Florida residents with expertise in the space
2579 industry, and each of the following areas of expertise or
2580 experience must be represented by at least one advisory council
2581 member: human space-flight programs, commercial launches into
2582 space, organized labor with experience working in the aerospace
2583 industry, aerospace-related industries, a commercial company
2584 working under Federal Government contracts to conduct space
2585 related business, an aerospace company whose primary client is
2586 the United States Department of Defense, and an alternative
2587 energy enterprise with potential for aerospace applications. The
2588 advisory council shall elect a member to serve as the chair of
2589 the council.
2590 (3) The advisory council shall make recommendations to the
2591 board of directors of Enterprise Florida, Inc., on the operation
2592 of Space Florida, including matters pertaining to ways to
2593 improve or enhance Florida’s efforts to expand its existing
2594 space and aerospace industry, to improve management and use of
2595 Florida’s state-owned real property assets related to space and
2596 aerospace, how best to retain and, if necessary, retrain
2597 Florida’s highly skilled space and aerospace workforce, and how
2598 to strengthen bonds between this state, NASA, the Department of
2599 Defense, and private space and aerospace industries.
2600 (4) The term for an advisory council member is 4 years. A
2601 member may not serve more than two consecutive terms. The
2602 Governor may remove any member for cause and shall fill all
2603 vacancies that occur.
2604 (5) Advisory council members shall serve without
2605 compensation but may be reimbursed for all reasonable,
2606 necessary, and actual expenses as determined by the board of
2607 directors of Enterprise Florida, Inc.
2608 Section 82. Paragraph (e) is added to subsection (3) of
2609 section 20.60, Florida Statutes, to read:
2610 20.60 Department of Economic Opportunity; creation; powers
2611 and duties.—
2612 (3) The following divisions of the Department of Economic
2613 Opportunity are established:
2614 (e) The Division of Information Technology.
2615 Section 83. Section 163.03, Florida Statutes, is repealed.
2616 Section 84. Subsection (5) of section 373.461, Florida
2617 Statutes, is amended, and present subsections (6) and (7) of
2618 that section are renumbered as subsections (5) and (6),
2619 respectively, to read:
2620 373.461 Lake Apopka improvement and management.—
2621 (5) PURCHASE OF AGRICULTURAL LANDS.—
2622 (a) The Legislature finds that it is in the public interest
2623 of the state to acquire lands in agricultural production, along
2624 with their related facilities, which contribute, directly or
2625 indirectly, to phosphorus discharges to Lake Apopka, for the
2626 purpose of improving water quality in Lake Apopka. These lands
2627 consist of those farming entities on Lake Apopka having consent
2628 and settlement agreements with the district and those sand land
2629 farms discharging indirectly to Lake Apopka through Lake Level
2630 Canal, Apopka-Beauclair Canal, or McDonald Canal. The district
2631 is granted the power of eminent domain on those properties.
2632 (b) In determining the fair market value of lands to be
2633 purchased from willing sellers, all appraisals of such lands may
2634 consider income from the use of the property for farming and,
2635 for this purpose, such income shall be deemed attributable to
2636 the real estate.
2637 (c) The district shall explore the availability of funding
2638 from all sources, including any federal, state, regional, and
2639 local land acquisition funding programs, to purchase the
2640 agricultural lands described in paragraph (a). It is the
2641 Legislature’s intent that, if such funding sources can be
2642 identified, acquisition of the lands described in paragraph (a)
2643 may be undertaken by the district to purchase these properties
2644 from willing sellers. However, the purchase price paid for
2645 acquisition of such lands that were in active cultivation during
2646 1996 shall not exceed the highest appraisal obtained by the
2647 district for these lands from a state-certified general
2648 appraiser following the Uniform Standards of Professional
2649 Appraisal Practice. This maximum purchase price limitation shall
2650 not include, nor be applicable to, that portion of the purchase
2651 price attributable to consideration of income described in
2652 paragraph (b), or that portion attributable to related
2653 facilities, or closing costs.
2654 (d) In connection with successful acquisition of any of the
2655 lands described in this section which are not needed for
2656 stormwater management facilities, the district shall give the
2657 seller the option to lease the land for a period not to exceed 5
2658 years, at a fair market lease value for similar agricultural
2659 lands. Proceeds derived from such leases shall be used to offset
2660 the cost of acquiring the land.
2661 (e) If all the lands within Zellwood are purchased in
2662 accordance with this section prior to expiration of the consent
2663 agreement between Zellwood and the district, Zellwood shall be
2664 reimbursed for any costs described in subsection (4).
2665 (f)1. Tangible personal property acquired by the district
2666 as part of related facilities pursuant to this section, and
2667 classified as surplus by the district, shall be sold by the
2668 Department of Management Services. The Department of Management
2669 Services shall deposit the proceeds of such sale in the Economic
2670 Development Trust Fund in the Executive Office of the Governor.
2671 The proceeds shall be used for the purpose of providing economic
2672 and infrastructure development in portions of northwestern
2673 Orange County and east central Lake County which will be
2674 adversely affected economically due to the acquisition of lands
2675 pursuant to this subsection.
2676 2. The Office of Tourism, Trade, and Economic Development
2677 shall, upon presentation of the appropriate documentation
2678 justifying expenditure of the funds deposited pursuant to this
2679 paragraph, pay any obligation for which it has sufficient funds
2680 from the proceeds of the sale of tangible personal property and
2681 which meets the limitations specified in paragraph (g). The
2682 authority of the Office of Tourism, Trade, and Economic
2683 Development to expend such funds shall expire 5 years from the
2684 effective date of this paragraph. Such expenditures may occur
2685 without future appropriation from the Legislature.
2686 3. Funds deposited under this paragraph may not be used for
2687 any purpose other than those enumerated in paragraph (g).
2688 (g)1. The proceeds of sale of tangible personal property
2689 authorized by paragraph (f) shall be distributed as follows: 60
2690 percent to Orange County; 25 percent to the City of Apopka; and
2691 15 percent to Lake County.
2692 2. Such proceeds shall be used to implement the
2693 redevelopment plans adopted by the Orange County Board of County
2694 Commissioners, Apopka City Commission, and Lake County Board of
2695 County Commissioners.
2696 3. Of the total proceeds, the Orange County Board of County
2697 Commissioners, Apopka City Commission, and Lake County Board of
2698 County Commissioners, may not expend more than:
2699 a. Twenty percent for labor force training related to the
2700 redevelopment plan;
2701 b. Thirty-three percent for financial or economic
2702 incentives for business location or expansion in the
2703 redevelopment area; and
2704 c. Four percent for administration, planning, and marketing
2705 the redevelopment plan.
2706 4. The Orange County Board of County Commissioners, Apopka
2707 City Commission, and Lake County Board of County Commissioners
2708 must spend those revenues not expended under subparagraph 3. for
2709 infrastructure needs necessary for the redevelopment plan.
2710 Section 85. Section 379.2353, Florida Statutes, is
2711 repealed.
2712 Section 86. This act shall take effect upon becoming a law.
