Bill Text: FL S1948 | 2021 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Economic Opportunity
Spectrum:
Status: (Introduced - Dead) 2021-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1463 (Ch. 2021-25) [S1948 Detail]
Download: Florida-2021-S1948-Comm_Sub.html
Bill Title: Department of Economic Opportunity
Spectrum:
Status: (Introduced - Dead) 2021-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1463 (Ch. 2021-25) [S1948 Detail]
Download: Florida-2021-S1948-Comm_Sub.html
Florida Senate - 2021 CS for SB 1948
By the Committee on Commerce and Tourism; and Senators Bean and
Bradley
577-02865-21 20211948c1
1 A bill to be entitled
2 An act relating to the Department of Economic
3 Opportunity; amending s. 20.60, F.S.; renaming the
4 executive director of the Department of Economic
5 Opportunity as the Secretary of Economic Opportunity;
6 authorizing the secretary to appoint deputy and
7 assistant secretaries for a specified purpose;
8 establishing the Office of the Secretary and the
9 Office of Economic Accountability and Transparency;
10 providing duties for the Office of Economic
11 Accountability and Transparency; authorizing the
12 secretary to create offices within the Office of the
13 Secretary and within the divisions; requiring the
14 secretary to appoint division directors; providing
15 duties for the division directors; conforming
16 provisions to changes made by the act; amending s.
17 288.901, F.S.; revising the membership of the board of
18 directors of Enterprise Florida, Inc.; amending s.
19 290.042, F.S.; revising the definition of the term
20 “administrative costs” relating to the Florida Small
21 Cities Community Development Block Grant Program Act;
22 amending s. 290.044, F.S.; revising the application
23 process and funding for the Florida Small Cities
24 Community Development Block Grant Program Fund;
25 amending s. 290.046, F.S.; revising the application
26 process and funding for development grants awarded by
27 the department to local governments; amending s.
28 331.3081, F.S.; conforming a cross-reference; amending
29 s. 435.02, F.S.; revising the definition of the term
30 “specified agency” to include certain regional
31 workforce boards for the purposes of labor laws;
32 amending s. 443.091, F.S.; revising the reporting
33 requirements for reemployment assistance benefit
34 eligibility; defining the term “address”; amending s.
35 443.101, F.S.; deleting a provision providing that
36 individuals who voluntarily leave work as a direct
37 result of circumstances relating to domestic violence
38 are ineligible for benefits under certain
39 circumstances; amending s. 443.1113, F.S.; requiring
40 the department to maintain an effective and efficient
41 system relating to the reemployment assistance
42 program; revising the functions and objectives of the
43 Reemployment Assistance Claims and Benefits
44 Information System; requiring the department to
45 perform an annual review of the system; requiring the
46 department to seek input from certain state entities
47 when performing such review; requiring the department
48 to submit an annual report to the Governor and the
49 Legislature beginning on a specified date; providing
50 requirements for such report; deleting obsolete
51 language; requiring the department take actions to
52 modernize the system in the 2021-2022 fiscal year as
53 directed in the General Appropriations Act; amending
54 s. 443.151, F.S.; revising the timeline for employers’
55 responses to notices of benefits claims sent by the
56 department; authorizing claimants to request the
57 department to reconsider a monetary determination;
58 providing requirements for such request; providing
59 that monetary determinations and redeterminations are
60 final after a specified period of time; providing
61 exceptions; deleting a requirement that appeals
62 referees be attorneys in good standing with The
63 Florida Bar or be admitted to The Florida Bar within 8
64 months after the date of employment; prohibiting
65 appeals from being filed after a specified time;
66 amending s. 445.004, F.S.; revising the membership of
67 the state board, which directs CareerSource Florida,
68 Inc.; amending s. 553.79, F.S.; requiring specified
69 building permit applications applied for by licensed
70 contractors for property owners under certain programs
71 administered by the department to be issued within a
72 reduced timeframe; amending ss. 14.20195, 16.615,
73 20.04, 213.053, 220.194, 288.005, 288.061, 288.0656,
74 288.106, 288.1089, 288.1251, 288.8014, 288.955,
75 288.9604, 288.987, 290.0065, 311.09, 311.105, 334.065,
76 373.4149, 380.045, 403.0752, 420.0005, 420.0006,
77 420.101, 420.503, 420.504, 420.506, 420.507, 420.511,
78 420.602, 420.609, 420.622, 427.012, 443.1116, 446.53,
79 450.261, 624.5105, and 1004.015, F.S.; conforming
80 provisions to changes made by the act; providing an
81 effective date.
82
83 Be It Enacted by the Legislature of the State of Florida:
84
85 Section 1. Subsections (2) and (3), paragraph (a) of
86 subsection (5), paragraph (b) of subsection (6), and subsection
87 (9) of section 20.60, Florida Statutes, are amended, and
88 subsection (1) of that section is republished, to read:
89 20.60 Department of Economic Opportunity; creation; powers
90 and duties.—
91 (1) There is created the Department of Economic
92 Opportunity.
93 (2) The head of the department is the Secretary of Economic
94 Opportunity executive director, who shall be appointed by the
95 Governor, subject to confirmation by the Senate. The secretary
96 executive director shall serve at the pleasure of and report to
97 the Governor. The secretary may appoint deputy and assistant
98 secretaries as necessary to aid the secretary in fulfilling his
99 or her statutory obligations.
100 (3)(a) The following divisions and offices of the
101 Department of Economic Opportunity are established:
102 1.(a) The Division of Strategic Business Development.
103 2.(b) The Division of Community Development.
104 3.(c) The Division of Workforce Services.
105 4.(d) The Division of Finance and Administration.
106 5.(e) The Division of Information Technology.
107 6. The Office of the Secretary.
108 7. The Office of Economic Accountability and Transparency,
109 which shall:
110 a. Oversee the department’s critical objectives as
111 determined by the secretary and make sure that the department’s
112 key objectives are clearly communicated to the public.
113 b. Organize department resources, expertise, data, and
114 research to focus on and solve the complex economic challenges
115 facing the state.
116 c. Provide leadership for the department’s priority issues
117 that require integration of policy, management, and critical
118 objectives from multiple programs and organizations internal and
119 external to the department; and organize and manage external
120 communication on such priority issues.
121 d. Promote and facilitate key department initiatives to
122 address priority economic issues and explore data and identify
123 opportunities for innovative approaches to address such economic
124 issues.
125 e. Promote strategic planning for the department.
126 (b) The secretary:
127 1. May create offices within the Office of the Secretary
128 and within the divisions established in paragraph (a) to promote
129 efficient and effective operation of the department.
130 2. Shall appoint a director for each division, who shall
131 directly administer his or her division and be responsible to
132 the secretary.
133 (5) The divisions within the department have specific
134 responsibilities to achieve the duties, responsibilities, and
135 goals of the department. Specifically:
136 (a) The Division of Strategic Business Development shall:
137 1. Analyze and evaluate business prospects identified by
138 the Governor, the secretary executive director of the
139 department, and Enterprise Florida, Inc.
140 2. Administer certain tax refund, tax credit, and grant
141 programs created in law. Notwithstanding any other provision of
142 law, the department may expend interest earned from the
143 investment of program funds deposited in the Grants and
144 Donations Trust Fund to contract for the administration of those
145 programs, or portions of the programs, assigned to the
146 department by law, by the appropriations process, or by the
147 Governor. Such expenditures shall be subject to review under
148 chapter 216.
149 3. Develop measurement protocols for the state incentive
150 programs and for the contracted entities which will be used to
151 determine their performance and competitive value to the state.
152 Performance measures, benchmarks, and sanctions must be
153 developed in consultation with the legislative appropriations
154 committees and the appropriate substantive committees, and are
155 subject to the review and approval process provided in s.
156 216.177. The approved performance measures, standards, and
157 sanctions shall be included and made a part of the strategic
158 plan for contracts entered into for delivery of programs
159 authorized by this section.
160 4. Develop a 5-year statewide strategic plan. The strategic
161 plan must include, but need not be limited to:
162 a. Strategies for the promotion of business formation,
163 expansion, recruitment, and retention through aggressive
164 marketing, international development, and export assistance,
165 which lead to more and better jobs and higher wages for all
166 geographic regions, disadvantaged communities, and populations
167 of the state, including rural areas, minority businesses, and
168 urban core areas.
169 b. The development of realistic policies and programs to
170 further the economic diversity of the state, its regions, and
171 their associated industrial clusters.
172 c. Specific provisions for the stimulation of economic
173 development and job creation in rural areas and midsize cities
174 and counties of the state, including strategies for rural
175 marketing and the development of infrastructure in rural areas.
176 d. Provisions for the promotion of the successful long-term
177 economic development of the state with increased emphasis in
178 market research and information.
179 e. Plans for the generation of foreign investment in the
180 state which create jobs paying above-average wages and which
181 result in reverse investment in the state, including programs
182 that establish viable overseas markets, assist in meeting the
183 financing requirements of export-ready firms, broaden
184 opportunities for international joint venture relationships, use
185 the resources of academic and other institutions, coordinate
186 trade assistance and facilitation services, and facilitate
187 availability of and access to education and training programs
188 that assure requisite skills and competencies necessary to
189 compete successfully in the global marketplace.
190 f. The identification of business sectors that are of
191 current or future importance to the state’s economy and to the
192 state’s global business image, and development of specific
193 strategies to promote the development of such sectors.
194 g. Strategies for talent development necessary in the state
195 to encourage economic development growth, taking into account
196 factors such as the state’s talent supply chain, education and
197 training opportunities, and available workforce.
198 5. Update the strategic plan every 5 years.
199 6. Involve Enterprise Florida, Inc.; CareerSource Florida,
200 Inc.; local governments; the general public; local and regional
201 economic development organizations; other local, state, and
202 federal economic, international, and workforce development
203 entities; the business community; and educational institutions
204 to assist with the strategic plan.
205 (6)
206 (b) The Department of Economic Opportunity shall serve as
207 the designated agency for purposes of each federal workforce
208 development grant assigned to it for administration. The
209 department shall carry out the duties assigned to it by the
210 Governor, under the terms and conditions of each grant. The
211 department shall have the level of authority and autonomy
212 necessary to be the designated recipient of each federal grant
213 assigned to it and shall disburse such grants pursuant to the
214 plans and policies of the state board as defined in s. 445.002.
215 The secretary executive director may, upon delegation from the
216 Governor and pursuant to agreement with the state board, sign
217 contracts, grants, and other instruments as necessary to execute
218 functions assigned to the department. Notwithstanding other
219 provisions of law, the department shall administer other
220 programs funded by federal or state appropriations, as
221 determined by the Legislature in the General Appropriations Act
222 or other law.
223 (9) The secretary executive director shall:
224 (a) Manage all activities and responsibilities of the
225 department.
226 (b) Serve as the manager for the state with respect to
227 contracts with Enterprise Florida, Inc., and all applicable
228 direct-support organizations. To accomplish the provisions of
229 this section and applicable provisions of chapter 288, and
230 notwithstanding the provisions of part I of chapter 287, the
231 secretary director shall enter into specific contracts with
232 Enterprise Florida, Inc., and other appropriate direct-support
233 organizations. Such contracts may be for multiyear terms and
234 must include specific performance measures for each year. For
235 purposes of this section, the Florida Tourism Industry Marketing
236 Corporation and the Institute for Commercialization of Florida
237 Technology are not appropriate direct-support organizations.
238 (c) Serve as a member of the board of directors of the
239 Florida Development Finance Corporation. The secretary executive
240 director may designate an employee of the department to serve in
241 this capacity.
242 Section 2. Paragraph (a) of subsection (5) of section
243 288.901, Florida Statutes, is amended to read:
244 288.901 Enterprise Florida, Inc.—
245 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
246 (a) In addition to the Governor or his or her designee, the
247 board of directors shall consist of the following appointed
248 members:
249 1. The Commissioner of Education or his or her designee.
250 2. The Chief Financial Officer or his or her designee.
251 3. The Attorney General or his or her designee.
252 4. The Commissioner of Agriculture or his or her designee.
253 5. The chairperson of the state board as defined in s.
254 445.002.
255 6. The Secretary of State or his or her designee.
256 7. The Secretary of Economic Opportunity or his or her
257 designee.
258 8. Twelve members from the private sector, six of whom
259 shall be appointed by the Governor, three of whom shall be
260 appointed by the President of the Senate, and three of whom
261 shall be appointed by the Speaker of the House of
262 Representatives. Members appointed by the Governor are subject
263 to Senate confirmation.
264
265 All board members shall serve without compensation, but are
266 entitled to receive reimbursement for per diem and travel
267 expenses pursuant to s. 112.061. Such expenses must be paid out
268 of funds of Enterprise Florida, Inc.
269 Section 3. Subsection (2) of section 290.042, Florida
270 Statutes, is amended to read:
271 290.042 Definitions relating to Florida Small Cities
272 Community Development Block Grant Program Act.—As used in ss.
273 290.0401-290.048, the term:
274 (2) “Administrative costs” has the same meaning as defined
275 in the Housing and Community Development Act of 1974, as
276 amended, and applicable federal regulations means the payment of
277 all reasonable costs of management, coordination, monitoring,
278 and evaluation, and similar costs and carrying charges, related
279 to the planning and execution of community development
280 activities which are funded in whole or in part under the
281 Florida Small Cities Community Development Block Grant Program.
282 Administrative costs shall include all costs of administration,
283 including general administration, planning and urban design, and
284 project administration costs.
285 Section 4. Subsections (3), (4), and (5) of section
286 290.044, Florida Statutes, are amended to read:
287 290.044 Florida Small Cities Community Development Block
288 Grant Program Fund; administration; distribution.—
289 (3) The department shall require applicants for grants to
290 compete against each other in the following grant program
291 categories that may include one or more of the following:
292 (a) Housing rehabilitation.
293 (b) Economic development.
294 (c) Neighborhood revitalization.
295 (d) Commercial revitalization.
296 (e) Any other activity authorized by the Housing and
297 Community Development Act of 1974, as amended, and applicable
298 federal regulations.
299 (4) The department shall define broad community development
300 objectives to be achieved by the activities in each of the grant
301 program categories with the use of funds from the Florida Small
302 Cities Community Development Block Grant Program Fund. Such
303 objectives shall be designed to meet at least one of the
304 national objectives provided in the Housing and Community
305 Development Act of 1974.
306 (5) The department may set aside an amount of up to 15 5
307 percent of the funds annually for use in any eligible local
308 government jurisdiction for which an emergency or natural
309 disaster has been declared by executive order. Such funds may
310 only be provided to a local government to fund eligible
311 emergency-related activities for which no other source of
312 federal, state, or local disaster funds is available. The
313 department may provide for such set-aside by rule. In the last
314 quarter of the state fiscal year, any funds not allocated under
315 the emergency-related set-aside shall be distributed to unfunded
316 applications from the most recent funding cycle.
317 Section 5. Subsection (2), paragraph (b) of subsection (3),
318 and subsection (6) of section 290.046, Florida Statutes, are
319 amended to read:
320 290.046 Applications for grants; procedures; requirements.—
321 (2)(a) Except for applications for economic development
322 grants as provided in subparagraph (b)1., an eligible local
323 government may submit one application for a grant during each
324 application cycle.
325 (b)1. An eligible local government may apply up to three
326 times in any one annual funding cycle for an economic
327 development grant but may not receive more than one such grant
328 per annual funding cycle. A local government may have more than
329 one open economic development grant.
330 (2)(a)2. The department shall establish minimum criteria
331 pertaining to the number of jobs created for persons of low or
332 moderate income, the degree of private sector financial
333 commitment, and the economic feasibility of the proposed project
334 and shall establish any other criteria the department deems
335 appropriate. Assistance to a private, for-profit business may
336 not be provided from a grant award unless sufficient evidence
337 exists to demonstrate that without such public assistance the
338 creation or retention of such jobs would not occur.
339 (b)(c)1. A local government with an open housing
340 rehabilitation, neighborhood revitalization, or commercial
341 revitalization contract is not eligible to apply for another
342 housing rehabilitation, neighborhood revitalization, or
343 commercial revitalization grant until administrative closeout of
344 its existing contract. The department shall notify a local
345 government of administrative closeout or of any outstanding
346 closeout issues within 45 days after receipt of a closeout
347 package from the local government. A local government with an
348 open housing rehabilitation, neighborhood revitalization, or
349 commercial revitalization community development block grant
350 contract whose activities are on schedule in accordance with the
351 expenditure rates and accomplishments described in the contract
352 may apply for an economic development grant.
353 (c)2. A local government with an open economic development
354 community development block grant contract whose activities are
355 on schedule in accordance with the expenditure rates and
356 accomplishments described in the contract may apply for a
357 housing rehabilitation, neighborhood revitalization, or
358 commercial revitalization community development block grant. A
359 local government with an open economic development contract
360 whose activities are on schedule in accordance with the
361 expenditure rates and accomplishments described in the contract
362 may receive no more than one additional economic development
363 grant in each fiscal year.
364 (d) The department may not award a grant until it has
365 conducted a site visit to verify the information contained in
366 the local government’s application.
367 (3)
368 (b) Funds shall be distributed according to the rankings
369 established in each application cycle. If economic development
370 funds remain available after the application cycle closes, the
371 remaining funds shall be awarded to eligible projects on a
372 first-come, first-served basis until such funds are fully
373 obligated.
374 (6) The department shall, before approving an application
375 for a grant, determine that the applicant has the administrative
376 capacity to carry out the proposed activities and has performed
377 satisfactorily in carrying out past activities funded by
378 community development block grants. The evaluation of past
379 performance shall take into account procedural aspects of
380 previous grants as well as substantive results. If the
381 department determines that any applicant has failed to
382 accomplish substantially the results it proposed in its last
383 previously funded applications application, it may prohibit the
384 applicant from receiving a grant or may penalize the applicant
385 in the rating of the current application. An application for
386 grant funds may not be denied solely upon the basis of the past
387 performance of the eligible applicant.
388 Section 6. Section 331.3081, Florida Statutes, is amended
389 to read:
390 331.3081 Board of directors.—Space Florida shall be
391 governed by a 13-member independent board of directors that
392 consists of the members appointed to the board of directors of
393 Enterprise Florida, Inc., by the Governor, the President of the
394 Senate, and the Speaker of the House of Representatives pursuant
395 to s. 288.901(5)(a)8. s. 288.901(5)(a)7. and the Governor, who
396 shall serve ex officio, or who may appoint a designee to serve,
397 as the chair and a voting member of the board.
398 Section 7. Subsection (5) of section 435.02, Florida
399 Statutes, is amended to read:
400 435.02 Definitions.—For the purposes of this chapter, the
401 term:
402 (5) “Specified agency” means the Department of Health, the
403 Department of Children and Families, the Division of Vocational
404 Rehabilitation within the Department of Education, the Agency
405 for Health Care Administration, the Department of Elderly
406 Affairs, the Department of Juvenile Justice, the Agency for
407 Persons with Disabilities, regional workforce boards providing
408 services as defined in s. 445.002(3), and local licensing
409 agencies approved pursuant to s. 402.307, when these agencies
410 are conducting state and national criminal history background
411 screening on persons who work with children or persons who are
412 elderly or disabled.
413 Section 8. Paragraph (c) of subsection (1) of section
414 443.091, Florida Statutes, is amended to read:
415 443.091 Benefit eligibility conditions.—
416 (1) An unemployed individual is eligible to receive
417 benefits for any week only if the Department of Economic
418 Opportunity finds that:
419 (c) To make continued claims for benefits, she or he is
420 reporting to the department in accordance with this paragraph
421 and department rules. Department rules may not conflict with s.
422 443.111(1)(b), which requires that each claimant continue to
423 report regardless of any pending appeal relating to her or his
424 eligibility or disqualification for benefits.
425 1. For each week of unemployment claimed, each report must,
426 at a minimum, include the name and, address, and telephone
427 number of each prospective employer contacted, or the date the
428 claimant reported to a one-stop career center, pursuant to
429 paragraph (d). For the purposes of this subparagraph, the term
430 “address” means a website address, a physical address, or an e
431 mail address.
432 2. The department shall offer an online assessment aimed at
433 identifying an individual’s skills, abilities, and career
434 aptitude. The skills assessment must be voluntary, and the
435 department shall allow a claimant to choose whether to take the
436 skills assessment. The online assessment shall be made available
437 to any person seeking services from a local workforce
438 development board or a one-stop career center.
439 a. If the claimant chooses to take the online assessment,
440 the outcome of the assessment shall be made available to the
441 claimant, local workforce development board, and one-stop career
442 center. The department, local workforce development board, or
443 one-stop career center shall use the assessment to develop a
444 plan for referring individuals to training and employment
445 opportunities. Aggregate data on assessment outcomes may be made
446 available to CareerSource Florida, Inc., and Enterprise Florida,
447 Inc., for use in the development of policies related to
448 education and training programs that will ensure that businesses
449 in this state have access to a skilled and competent workforce.
450 b. Individuals shall be informed of and offered services
451 through the one-stop delivery system, including career
452 counseling, the provision of skill match and job market
453 information, and skills upgrade and other training
454 opportunities, and shall be encouraged to participate in such
455 services at no cost to the individuals. The department shall
456 coordinate with CareerSource Florida, Inc., the local workforce
457 development boards, and the one-stop career centers to identify,
458 develop, and use best practices for improving the skills of
459 individuals who choose to participate in skills upgrade and
460 other training opportunities. The department may contract with
461 an entity to create the online assessment in accordance with the
462 competitive bidding requirements in s. 287.057. The online
463 assessment must work seamlessly with the Reemployment Assistance
464 Claims and Benefits Information System.
465 Section 9. Paragraph (a) of subsection (1) and subsection
466 (6) of section 443.101, Florida Statutes, are amended to read:
467 443.101 Disqualification for benefits.—An individual shall
468 be disqualified for benefits:
469 (1)(a) For the week in which he or she has voluntarily left
470 work without good cause attributable to his or her employing
471 unit or for the week in which he or she has been discharged by
472 the employing unit for misconduct connected with his or her
473 work, based on a finding by the Department of Economic
474 Opportunity. As used in this paragraph, the term “work” means
475 any work, whether full-time, part-time, or temporary.
476 1. Disqualification for voluntarily quitting continues for
477 the full period of unemployment next ensuing after the
478 individual has left his or her full-time, part-time, or
479 temporary work voluntarily without good cause and until the
480 individual has earned income equal to or greater than 17 times
481 his or her weekly benefit amount. As used in this subsection,
482 the term “good cause” includes only that cause attributable to
483 the employing unit which would compel a reasonable employee to
484 cease working or attributable to the individual’s illness or
485 disability requiring separation from his or her work. Any other
486 disqualification may not be imposed.
487 2. An individual is not disqualified under this subsection
488 for:
489 a. Voluntarily leaving temporary work to return immediately
490 when called to work by the permanent employing unit that
491 temporarily terminated his or her work within the previous 6
492 calendar months;
493 b. Voluntarily leaving work to relocate as a result of his
494 or her military-connected spouse’s permanent change of station
495 orders, activation orders, or unit deployment orders; or
496 c. Voluntarily leaving work if he or she proves that his or
497 her discontinued employment is a direct result of circumstances
498 related to domestic violence as defined in s. 741.28. An
499 individual who voluntarily leaves work under this sub
500 subparagraph must:
501 (I) Make reasonable efforts to preserve employment, unless
502 the individual establishes that such remedies are likely to be
503 futile or to increase the risk of future incidents of domestic
504 violence. Such efforts may include seeking a protective
505 injunction, relocating to a secure place, or seeking reasonable
506 accommodation from the employing unit, such as a transfer or
507 change of assignment;
508 (II) Provide evidence such as an injunction, a protective
509 order, or other documentation authorized by state law which
510 reasonably proves that domestic violence has occurred; and
511 (III) Reasonably believe that he or she is likely to be the
512 victim of a future act of domestic violence at, in transit to,
513 or departing from his or her place of employment. An individual
514 who is otherwise eligible for benefits under this sub
515 subparagraph is ineligible for each week that he or she no
516 longer meets such criteria or refuses a reasonable accommodation
517 offered in good faith by his or her employing unit.
518 3. The employment record of an employing unit may not be
519 charged for the payment of benefits to an individual who has
520 voluntarily left work under sub-subparagraph 2.c.
521 4. Disqualification for being discharged for misconduct
522 connected with his or her work continues for the full period of
523 unemployment next ensuing after having been discharged and until
524 the individual is reemployed and has earned income of at least
525 17 times his or her weekly benefit amount and for not more than
526 52 weeks immediately following that week, as determined by the
527 department in each case according to the circumstances or the
528 seriousness of the misconduct, under the department’s rules for
529 determining disqualification for benefits for misconduct.
530 5. If an individual has provided notification to the
531 employing unit of his or her intent to voluntarily leave work
532 and the employing unit discharges the individual for reasons
533 other than misconduct before the date the voluntary quit was to
534 take effect, the individual, if otherwise entitled, shall
535 receive benefits from the date of the employer’s discharge until
536 the effective date of his or her voluntary quit.
537 6. If an individual is notified by the employing unit of
538 the employer’s intent to discharge the individual for reasons
539 other than misconduct and the individual quits without good
540 cause before the date the discharge was to take effect, the
541 claimant is ineligible for benefits pursuant to s. 443.091(1)(d)
542 for failing to be available for work for the week or weeks of
543 unemployment occurring before the effective date of the
544 discharge.
545 (6) For making any false or fraudulent representation for
546 the purpose of obtaining benefits contrary to this chapter,
547 constituting a violation under s. 443.071. The disqualification
548 imposed under this subsection shall begin with the week for in
549 which the false or fraudulent representation was is made and
550 shall continue for a period not to exceed 1 year after the date
551 the Department of Economic Opportunity discovers the false or
552 fraudulent representation and until any overpayment of benefits
553 resulting from such representation has been repaid in full. This
554 disqualification may be appealed in the same manner as any other
555 disqualification imposed under this section. A conviction by any
556 court of competent jurisdiction in this state of the offense
557 prohibited or punished by s. 443.071 is conclusive upon the
558 appeals referee and the commission of the making of the false or
559 fraudulent representation for which disqualification is imposed
560 under this section.
561 Section 10. Section 443.1113, Florida Statutes, is amended
562 to read:
563 443.1113 Reemployment Assistance Claims and Benefits
564 Information System.—
565 (1) The Department of Economic Opportunity shall maintain a
566 system for the efficient distribution of benefits and the
567 effective operation and management of the reemployment
568 assistance program. The To the extent that funds are
569 appropriated for each phase of the Reemployment Assistance
570 Claims and Benefits Information system may be cited by the
571 Legislature, the Department of Economic Opportunity shall
572 replace and enhance the functionality provided in the following
573 systems with an integrated Internet-based system that is known
574 as the “Reemployment Assistance Claims and Benefits Information
575 System” and must:
576 (a) Be accessible through the Internet Claims and benefit
577 mainframe system.
578 (b) Be accessible on mobile devices and personal computers
579 Florida unemployment Internet direct.
580 (c) Process reemployment assistance claims Florida
581 continued claim Internet directory.
582 (d) Process benefit payments Call center interactive voice
583 response system.
584 (e) Monitor for and manage the collection of overpayments
585 Benefit overpayment screening system.
586 (f) Perform adjudication functions Internet and Intranet
587 appeals system.
588 (g) Process appeals and manage appeal hearings.
589 (h) Manage and process employer charging.
590 (2) Wherever cost-effective and operationally feasible, the
591 Reemployment Assistance Claims and Benefits System shall
592 accomplish the following main business objectives:
593 (a) Wherever cost-effective and operationally feasible,
594 Eliminate or automate existing paper processes and enhance any
595 existing automated workflows in order to expedite customer
596 transactions and eliminate redundancy.
597 (b) Enable and enhance online, self-service capabilities
598 access to claimant and employer information and federal and
599 state reporting.
600 (c) Integrate benefit payment control with the adjudication
601 program and collection system in order to improve the detection
602 of fraud.
603 (d) Comply with all requirements established in federal and
604 state law for reemployment assistance.
605 (e) Integrate with the Department of Revenue’s statewide
606 unified tax system that collects reemployment assistance taxes.
607 (3) The scope of the Reemployment Assistance Claims and
608 Benefits Information System does not include any of the
609 following functionalities:
610 (a) Collection of reemployment assistance taxes.
611 (b) General ledger, financial management, or budgeting
612 capabilities.
613 (c) Human resource planning or management capabilities.
614 (4)(a) The Department of Economic Opportunity shall perform
615 an annual review of the system and identify enhancements or
616 modernization efforts that improve the delivery of services to
617 claimants and employers and reporting to state and federal
618 entities.
619 (b) The department shall seek input on recommended
620 enhancements from, at a minimum, the following entities:
621 1. The Florida Digital Service within the Department of
622 Management Services.
623 2. The General Tax Administration Program Office within the
624 Department of Revenue.
625 3. The Division of Accounting and Auditing within the
626 Department of Financial Services.
627 (5) By October 1, 2023, and each year thereafter, the
628 Department of Economic Opportunity shall submit a Reemployment
629 Assistance Claims and Benefits Information System report to the
630 Governor, the President of the Senate, and the Speaker of the
631 House of Representatives. The report must, at a minimum,
632 include:
633 (a) A summary of maintenance, enhancement, and
634 modernization efforts over the last fiscal year.
635 (b) A 3-year outlook of recommended enhancements or
636 modernization efforts that includes projected costs and
637 timeframes for completion The project to implement the
638 Reemployment Assistance Claims and Benefits Information System
639 is comprised of the following phases and corresponding
640 implementation timeframes:
641 (a) No later than the end of fiscal year 2009-2010
642 completion of the business re-engineering analysis and
643 documentation of both the detailed system requirements and the
644 overall system architecture.
645 (b) The Reemployment Assistance Claims and Benefits
646 Internet portal that replaces the Florida Unemployment Internet
647 Direct and the Florida Continued Claims Internet Directory
648 systems, the Call Center Interactive Voice Response System, the
649 Benefit Overpayment Screening System, the Internet and Intranet
650 Appeals System, and the Claims and Benefits Mainframe System
651 shall be deployed to full operational status no later than the
652 end of fiscal year 2013-2014.
653 (5) The Department of Economic Opportunity shall implement
654 the following project governance structure until such time as
655 the project is completed, suspended, or terminated:
656 (a) The project sponsor for the Reemployment Assistance
657 Claims and Benefits Information System project is the
658 department.
659 (b) The project shall be governed by an executive steering
660 committee composed of the following voting members or their
661 designees:
662 1. The executive director of the department.
663 2. The executive director of the Department of Revenue.
664 3. The director of the Division of Workforce Services
665 within the department.
666 4. The program director of the General Tax Administration
667 Program Office within the Department of Revenue.
668 5. The chief information officer of the department.
669 (c) The executive steering committee has the overall
670 responsibility for ensuring that the project meets its primary
671 objectives and is specifically responsible for:
672 1. Providing management direction and support to the
673 project management team.
674 2. Assessing the project’s alignment with the strategic
675 goals of the department for administering the reemployment
676 assistance program.
677 3. Reviewing and approving or disapproving any changes to
678 the project’s scope, schedule, and costs.
679 4. Reviewing, approving or disapproving, and determining
680 whether to proceed with any major project deliverables.
681 5. Recommending suspension or termination of the project to
682 the Governor, the President of the Senate, and the Speaker of
683 the House of Representatives if it determines that the primary
684 objectives cannot be achieved.
685 (d) The project management team shall work under the
686 direction of the executive steering committee and shall be
687 minimally comprised of senior managers and stakeholders from the
688 department and the Department of Revenue. The project management
689 team is responsible for:
690 1. Providing daily planning, management, and oversight of
691 the project.
692 2. Submitting an operational work plan and providing
693 quarterly updates to that plan to the executive steering
694 committee. The plan must specify project milestones,
695 deliverables, and expenditures.
696 3. Submitting written monthly project status reports to the
697 executive steering committee which include:
698 a. Planned versus actual project costs;
699 b. An assessment of the status of major milestones and
700 deliverables;
701 c. Identification of any issues requiring resolution, the
702 proposed resolution for these issues, and information regarding
703 the status of the resolution;
704 d. Identification of risks that must be managed; and
705 e. Identification of and recommendations regarding
706 necessary changes in the project’s scope, schedule, or costs.
707 All recommendations must be reviewed by project stakeholders
708 before submission to the executive steering committee in order
709 to ensure that the recommendations meet required acceptance
710 criteria.
711 Section 11. For the 2021-2022 fiscal year, the Department
712 of Economic Opportunity shall take actions to modernize the
713 Reemployment Assistance Claims and Benefits Information System
714 as provided in the General Appropriations Act.
715 Section 12. Paragraphs (a) and (b) of subsection (3) and
716 paragraphs (a) and (b) of subsection (4) of section 443.151,
717 Florida Statutes, are amended to read:
718 443.151 Procedure concerning claims.—
719 (3) DETERMINATION OF ELIGIBILITY.—
720 (a) Notices of claim.—The Department of Economic
721 Opportunity shall promptly provide a notice of claim to the
722 claimant’s most recent employing unit and all employers whose
723 employment records are liable for benefits under the monetary
724 determination. The employer must respond to the notice of claim
725 within 14 20 days after the mailing date of the notice, or in
726 lieu of mailing, within 14 20 days after the delivery of the
727 notice. If a contributing employer or its agent fails to timely
728 or adequately respond to the notice of claim or request for
729 information, the employer’s account may not be relieved of
730 benefit charges as provided in s. 443.131(3)(a), notwithstanding
731 paragraph (5)(b). The department may adopt rules as necessary to
732 implement the processes described in this paragraph relating to
733 notices of claim.
734 (b) Monetary determinations.—In addition to the notice of
735 claim, the department shall also promptly provide an initial
736 monetary determination to the claimant and each base period
737 employer whose account is subject to being charged for its
738 respective share of benefits on the claim. The monetary
739 determination must include a statement of whether and in what
740 amount the claimant is entitled to benefits, and, in the event
741 of a denial, must state the reasons for the denial. A monetary
742 determination for the first week of a benefit year must also
743 include a statement of whether the claimant was paid the wages
744 required under s. 443.091(1)(g) and, if so, the first day of the
745 benefit year, the claimant’s weekly benefit amount, and the
746 maximum total amount of benefits payable to the claimant for a
747 benefit year. The claimant may file a request for the department
748 to reconsider a monetary determination within 20 days after the
749 department mails the notice to the claimant’s last known address
750 or, in lieu of mailing, within 20 days after the delivery of the
751 notice. A monetary determination is final for a claimant if the
752 claimant does not file a timely request for the department to
753 reconsider the monetary determination. A monetary
754 redetermination is final for a claimant unless within 20 days
755 after the mailing of the notice of monetary redetermination to
756 the claimant’s last known address or, in lieu of mailing, within
757 20 days after the delivery of the notice, the claimant files an
758 appeal. The monetary determination or monetary redetermination
759 is final for an employer or other party entitled to notice
760 unless within 20 days after the mailing of the respective notice
761 to the employer or party to its last known address or, in lieu
762 of mailing, within 20 days after delivery of the notice, an
763 appeal is filed by the employer or the party The monetary
764 determination is final unless within 20 days after the mailing
765 of the notices to the parties’ last known addresses, or in lieu
766 of mailing, within 20 days after the delivery of the notices, an
767 appeal or written request for reconsideration is filed by the
768 claimant or other party entitled to notice. The department may
769 adopt rules as necessary to implement the processes described in
770 this paragraph relating to notices of monetary determinations
771 and the appeals or reconsideration requests filed in response to
772 such notices.
773 (4) APPEALS.—
774 (a) Appeals referees.—
775 1. The Department of Economic Opportunity shall appoint one
776 or more impartial salaried appeals referees in accordance with
777 s. 443.171(3) to hear and decide appealed claims.
778 2. An appeals referee must be an attorney in good standing
779 with The Florida Bar or be successfully admitted to The Florida
780 Bar within 8 months after his or her date of employment. This
781 subparagraph does not apply to an appeals referee appointed
782 before January 1, 2014.
783 3. A person may not participate on behalf of the department
784 as an appeals referee in any case in which she or he is an
785 interested party.
786 3.4. The department may designate alternates to serve in
787 the absence or disqualification of any appeals referee on a
788 temporary basis. These alternates must have the same
789 qualifications required of appeals referees.
790 4.5. The department shall provide the commission and the
791 appeals referees with proper facilities and assistance for the
792 execution of their functions.
793 (b) Filing and hearing.—
794 1. The claimant or any other party entitled to notice of a
795 determination may appeal an adverse determination to an appeals
796 referee within 20 days after the date of mailing of the notice
797 to her or his last known address or, if the notice is not
798 mailed, within 20 days after the date of delivering the notice.
799 2. Unless the appeal is untimely or withdrawn or review is
800 initiated by the commission, the appeals referee, after mailing
801 all parties and attorneys of record a notice of hearing at least
802 10 days before the date of hearing, notwithstanding the 14-day
803 notice requirement in s. 120.569(2)(b), may only affirm, modify,
804 or reverse the determination. An appeal may not be withdrawn
805 without the permission of the appeals referee.
806 3. However, If an appeal appears to have been filed after
807 the permissible time limit, the Office of Appeals may issue an
808 order to show cause to the appellant which requires the
809 appellant to show why the appeal should not be dismissed as
810 untimely. If, within 15 days after the mailing date of the order
811 to show cause, the appellant does not provide written evidence
812 of timely filing or good cause for failure to appeal timely, the
813 appeal shall be dismissed. However, an appeal may not be filed
814 more than 5 years after the date of the mailing of the
815 determination or, if the determination is not mailed, more than
816 5 years after the date of the delivery of the determination.
817 4. If an appeal involves a question of whether services
818 were performed by a claimant in employment or for an employer,
819 the referee must give special notice of the question and of the
820 pendency of the appeal to the employing unit and to the
821 department, both of which become parties to the proceeding.
822 5.a. Any part of the evidence may be received in written
823 form, and all testimony of parties and witnesses shall be made
824 under oath.
825 b. Irrelevant, immaterial, or unduly repetitious evidence
826 shall be excluded, but all other evidence of a type commonly
827 relied upon by reasonably prudent persons in the conduct of
828 their affairs is admissible, whether or not such evidence would
829 be admissible in a trial in state court.
830 c. Hearsay evidence may be used for the purpose of
831 supplementing or explaining other evidence, or to support a
832 finding if it would be admissible over objection in civil
833 actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
834 support a finding of fact if:
835 (I) The party against whom it is offered has a reasonable
836 opportunity to review such evidence prior to the hearing; and
837 (II) The appeals referee or special deputy determines,
838 after considering all relevant facts and circumstances, that the
839 evidence is trustworthy and probative and that the interests of
840 justice are best served by its admission into evidence.
841 6. The parties must be notified promptly of the referee’s
842 decision. The referee’s decision is final unless further review
843 is initiated under paragraph (c) within 20 days after the date
844 of mailing notice of the decision to the party’s last known
845 address or, in lieu of mailing, within 20 days after the
846 delivery of the notice.
847 Section 13. Paragraph (d) of subsection (3) of section
848 445.004, Florida Statutes, is amended, and subsections (1) and
849 (2) of that section are republished, to read:
850 445.004 CareerSource Florida, Inc., and the state board;
851 creation; purpose; membership; duties and powers.—
852 (1) CareerSource Florida, Inc., is created as a not-for
853 profit corporation, which shall be registered, incorporated,
854 organized, and operated in compliance with chapter 617 and shall
855 operate at the direction of the state board. CareerSource
856 Florida, Inc., is not a unit or entity of state government and
857 is exempt from chapters 120 and 287. CareerSource Florida, Inc.,
858 shall apply the procurement and expenditure procedures required
859 by federal law for the expenditure of federal funds.
860 CareerSource Florida, Inc., shall be administratively housed
861 within the department and shall operate under agreement with the
862 department. The Legislature finds that public policy dictates
863 that CareerSource Florida, Inc., operate in the most open and
864 accessible manner consistent with its public purpose. To this
865 end, the Legislature specifically declares that CareerSource
866 Florida, Inc., its board, councils, and any advisory committees
867 or similar groups created by CareerSource Florida, Inc., are
868 subject to the provisions of chapter 119 relating to public
869 records, and those provisions of chapter 286 relating to public
870 meetings.
871 (2) CareerSource Florida, Inc., provides administrative
872 support for the state board, the principal workforce policy
873 organization for the state. The purpose of the state board is to
874 design and implement strategies that help Floridians enter,
875 remain in, and advance in the workplace, so that they may become
876 more highly skilled and successful, which benefits these
877 Floridians, Florida businesses, and the entire state, and
878 fosters the development of the state’s business climate.
879 CareerSource Florida, Inc., shall, consistent with its agreement
880 with the department, implement the policy directives of the
881 state board and administer state workforce development programs
882 as authorized by law.
883 (3)
884 (d) The state board must include the Secretary of Economic
885 Opportunity or his or her designee, the vice chairperson of the
886 board of directors of Enterprise Florida, Inc., and one member
887 representing each of the Workforce Innovation and Opportunity
888 Act partners, including the Division of Career and Adult
889 Education, and other entities representing programs identified
890 in the Workforce Innovation and Opportunity Act, as determined
891 necessary.
892 Section 14. Subsection (14) of section 553.79, Florida
893 Statutes, is amended to read:
894 553.79 Permits; applications; issuance; inspections.—
895 (14)(a) Except as provided in paragraph (b), a building
896 permit for a single-family residential dwelling must be issued
897 within 30 working days after receipt of the application therefor
898 unless unusual circumstances require a longer time for
899 processing the application or unless the permit application
900 fails to satisfy the Florida Building Code or the enforcing
901 agency’s laws or ordinances.
902 (b) A building permit for a single-family residential
903 dwelling applied for by a contractor licensed in this state on
904 behalf of a property owner who participates in a Community
905 Development Block Grant–Disaster Recovery program administered
906 by the Department of Economic Opportunity must be issued within
907 15 working days after receipt of the application unless the
908 permit application fails to satisfy the Florida Building Code or
909 the enforcing agency’s laws or ordinances.
910 Section 15. Paragraph (b) of subsection (2) of section
911 14.20195, Florida Statutes, is amended to read:
912 14.20195 Suicide Prevention Coordinating Council; creation;
913 membership; duties.—There is created within the Statewide Office
914 for Suicide Prevention a Suicide Prevention Coordinating
915 Council. The council shall develop strategies for preventing
916 suicide.
917 (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
918 shall consist of 31 voting members and 1 nonvoting member.
919 (b) The following state officials or their designees shall
920 serve on the coordinating council:
921 1. The Secretary of Elderly Affairs.
922 2. The State Surgeon General.
923 3. The Commissioner of Education.
924 4. The Secretary of Health Care Administration.
925 5. The Secretary of Juvenile Justice.
926 6. The Secretary of Corrections.
927 7. The executive director of the Department of Law
928 Enforcement.
929 8. The executive director of the Department of Veterans’
930 Affairs.
931 9. The Secretary of Children and Families.
932 10. The Secretary executive director of the Department of
933 Economic Opportunity.
934 Section 16. Paragraph (j) of subsection (1) of section
935 16.615, Florida Statutes, is amended to read:
936 16.615 Council on the Social Status of Black Men and Boys.—
937 (1) The Council on the Social Status of Black Men and Boys
938 is established within the Department of Legal Affairs and shall
939 consist of 19 members appointed as follows:
940 (j) The Secretary executive director of the Department of
941 Economic Opportunity or his or her designee.
942 Section 17. Subsection (3) and paragraph (b) of subsection
943 (7) of section 20.04, Florida Statutes, are amended to read:
944 20.04 Structure of executive branch.—The executive branch
945 of state government is structured as follows:
946 (3) For their internal structure, all departments, except
947 for the Department of Financial Services, the Department of
948 Economic Opportunity, the Department of Children and Families,
949 the Department of Corrections, the Department of Management
950 Services, the Department of Revenue, and the Department of
951 Transportation, must adhere to the following standard terms:
952 (a) The principal unit of the department is the “division.”
953 Each division is headed by a “director.”
954 (b) The principal unit of the division is the “bureau.”
955 Each bureau is headed by a “chief.”
956 (c) The principal unit of the bureau is the “section.” Each
957 section is headed by an “administrator.”
958 (d) If further subdivision is necessary, sections may be
959 divided into “subsections,” which are headed by “supervisors.”
960 (7)
961 (b) Within the limitations of this subsection, the head of
962 the department may recommend the establishment of additional
963 divisions, bureaus, sections, and subsections of the department
964 to promote efficient and effective operation of the department.
965 However, additional divisions, or offices in the Department of
966 Children and Families, the Department of Corrections, the
967 Department of Economic Opportunity, and the Department of
968 Transportation, may be established only by specific statutory
969 enactment. New bureaus, sections, and subsections of departments
970 may be initiated by a department and established as recommended
971 by the Department of Management Services and approved by the
972 Executive Office of the Governor, or may be established by
973 specific statutory enactment.
974 Section 18. Paragraph (a) of subsection (7) of section
975 213.053, Florida Statutes, is amended to read:
976 213.053 Confidentiality and information sharing.—
977 (7)(a) Any information received by the Department of
978 Revenue in connection with the administration of taxes,
979 including, but not limited to, information contained in returns,
980 reports, accounts, or declarations filed by persons subject to
981 tax, shall be made available to the following in performance of
982 their official duties:
983 1. The Auditor General or his or her authorized agent;
984 2. The director of the Office of Program Policy Analysis
985 and Government Accountability or his or her authorized agent;
986 3. The Chief Financial Officer or his or her authorized
987 agent;
988 4. The Director of the Office of Insurance Regulation of
989 the Financial Services Commission or his or her authorized
990 agent;
991 5. A property appraiser or tax collector or their
992 authorized agents pursuant to s. 195.084(1);
993 6. Designated employees of the Department of Education
994 solely for determination of each school district’s price level
995 index pursuant to s. 1011.62(2);
996 7. The Secretary executive director of the Department of
997 Economic Opportunity or his or her authorized agent;
998 8. The taxpayers’ rights advocate or his or her authorized
999 agent pursuant to s. 20.21(3); and
1000 9. The coordinator of the Office of Economic and
1001 Demographic Research or his or her authorized agent.
1002 Section 19. Paragraph (b) of subsection (5) of section
1003 220.194, Florida Statutes, is amended to read:
1004 220.194 Corporate income tax credits for spaceflight
1005 projects.—
1006 (5) APPLICATION AND CERTIFICATION.—
1007 (b) In order to take a tax credit under subparagraph (a)1.
1008 or, if applicable, to transfer an approved credit under
1009 subparagraph (a)2., a spaceflight business must submit an
1010 application for certification to the Department of Economic
1011 Opportunity along with a nonrefundable $250 fee.
1012 1. The application must include:
1013 a. The name and physical in-state address of the taxpayer.
1014 b. Documentation demonstrating to the satisfaction of the
1015 Department of Economic Opportunity that:
1016 (I) The taxpayer is a spaceflight business.
1017 (II) The business has engaged in a qualifying spaceflight
1018 project before taking or transferring a credit under this
1019 section.
1020 c. In addition to any requirement specific to a credit,
1021 documentation that the business has:
1022 (I) Created 35 new jobs in this state directly associated
1023 with spaceflight projects during its immediately preceding 3
1024 taxable years. The business shall be deemed to have created new
1025 jobs if the number of full-time jobs located in this state at
1026 the time of application for certification is greater than the
1027 total number of full-time jobs located in this state at the time
1028 of application for approval to earn credits; and
1029 (II) Invested a total of at least $15 million in this state
1030 on a spaceflight project during its immediately preceding 3
1031 taxable years.
1032 d. The total amount and types of credits sought.
1033 e. An acknowledgment that a transfer of a tax credit is to
1034 be accomplished pursuant to subsection (5).
1035 f. A copy of an audit or audits of the preceding 3 taxable
1036 years, prepared by a certified public accountant licensed to
1037 practice in this state, which identifies that portion of the
1038 business’s activities in this state related to spaceflight
1039 projects in this state.
1040 g. An acknowledgment that the business must file an annual
1041 report on the spaceflight project’s progress with the Department
1042 of Economic Opportunity.
1043 h. Any other information necessary to demonstrate that the
1044 applicant meets the job creation, investment, and other
1045 requirements of this section.
1046 2. Within 60 days after receipt of the application for
1047 certification, the Department of Economic Opportunity shall
1048 evaluate the application and recommend the business for
1049 certification or denial. The Secretary executive director of the
1050 Department of Economic Opportunity must approve or deny the
1051 application within 30 days after receiving the recommendation.
1052 If approved, the Department of Economic Opportunity must provide
1053 a letter of certification to the applicant consistent with any
1054 restrictions imposed. If the Department of Economic Opportunity
1055 denies any part of the requested credit, the Department of
1056 Economic Opportunity must inform the applicant of the grounds
1057 for the denial. A copy of the certification shall be submitted
1058 to the department within 10 days after the secretary’s executive
1059 director’s approval.
1060 Section 20. Subsection (3) of section 288.005, Florida
1061 Statutes, is amended to read:
1062 288.005 Definitions.—As used in this chapter, the term:
1063 (3) “Executive director” means the executive director of
1064 the Department of Economic Opportunity, unless otherwise stated.
1065 Section 21. Subsections (1) and (3), paragraph (a) of
1066 subsection (5), and subsection (6) of section 288.061, Florida
1067 Statutes, are amended to read:
1068 288.061 Economic development incentive application
1069 process.—
1070 (1) Upon receiving a submitted economic development
1071 incentive application, the Division of Strategic Business
1072 Development of the Department of Economic Opportunity and
1073 designated staff of Enterprise Florida, Inc., shall review the
1074 application to ensure that the application is complete, whether
1075 and what type of state and local permits may be necessary for
1076 the applicant’s project, whether it is possible to waive such
1077 permits, and what state incentives and amounts of such
1078 incentives may be available to the applicant. The department
1079 shall recommend to the Secretary of Economic Opportunity
1080 executive director to approve or disapprove an applicant
1081 business. If review of the application demonstrates that the
1082 application is incomplete, the secretary executive director
1083 shall notify the applicant business within the first 5 business
1084 days after receiving the application.
1085 (3) Within 10 business days after the department receives
1086 the submitted economic development incentive application, the
1087 Secretary of Economic Opportunity executive director shall
1088 approve or disapprove the application and issue a letter of
1089 certification to the applicant which includes a justification of
1090 that decision, unless the business requests an extension of that
1091 time.
1092 (a) The contract or agreement with the applicant must
1093 specify the total amount of the award, the performance
1094 conditions that must be met to obtain the award, the schedule
1095 for payment, and sanctions that would apply for failure to meet
1096 performance conditions. The department may enter into one
1097 agreement or contract covering all of the state incentives that
1098 are being provided to the applicant. The contract must provide
1099 that release of funds is contingent upon sufficient
1100 appropriation of funds by the Legislature.
1101 (b) The release of funds for the incentive or incentives
1102 awarded to the applicant depends upon the statutory requirements
1103 of the particular incentive program.
1104 (5)(a) The Secretary of Economic Opportunity executive
1105 director may not approve an economic development incentive
1106 application unless the application includes a signed written
1107 declaration by the applicant which states that the applicant has
1108 read the information in the application and that the information
1109 is true, correct, and complete to the best of the applicant’s
1110 knowledge and belief.
1111 (6) Beginning July 1, 2020, the Secretary of Economic
1112 Opportunity executive director may not approve an economic
1113 development incentive application unless the application
1114 includes proof to the department that the applicant business is
1115 registered with and uses the E-Verify system, as defined in s.
1116 448.095, to verify the work authorization status of all newly
1117 hired employees. If the department determines that an awardee is
1118 not complying with this subsection, the department must notify
1119 the awardee by certified mail of the department’s determination
1120 of noncompliance and the awardee’s right to appeal the
1121 determination. Upon a final determination of noncompliance, the
1122 awardee must repay all moneys received as an economic
1123 development incentive to the department within 30 days after the
1124 final determination.
1125 Section 22. Paragraph (a) of subsection (6) of section
1126 288.0656, Florida Statutes, is amended to read:
1127 288.0656 Rural Economic Development Initiative.—
1128 (6)(a) By August 1 of each year, the head of each of the
1129 following agencies and organizations shall designate a deputy
1130 secretary or higher-level staff person from within the agency or
1131 organization to serve as the REDI representative for the agency
1132 or organization:
1133 1. The Department of Transportation.
1134 2. The Department of Environmental Protection.
1135 3. The Department of Agriculture and Consumer Services.
1136 4. The Department of State.
1137 5. The Department of Health.
1138 6. The Department of Children and Families.
1139 7. The Department of Corrections.
1140 8. The Department of Education.
1141 9. The Department of Juvenile Justice.
1142 10. The Fish and Wildlife Conservation Commission.
1143 11. Each water management district.
1144 12. Enterprise Florida, Inc.
1145 13. CareerSource Florida, Inc.
1146 14. VISIT Florida.
1147 15. The Florida Regional Planning Council Association.
1148 16. The Agency for Health Care Administration.
1149 17. The Institute of Food and Agricultural Sciences (IFAS).
1150
1151 An alternate for each designee shall also be chosen, and the
1152 names of the designees and alternates shall be sent to the
1153 Secretary of Economic Opportunity executive director of the
1154 department.
1155 Section 23. Paragraph (c) of subsection (5) and subsection
1156 (8) of section 288.106, Florida Statutes, are amended to read:
1157 288.106 Tax refund program for qualified target industry
1158 businesses.—
1159 (5) TAX REFUND AGREEMENT.—
1160 (c) The agreement must be signed by the Secretary of
1161 Economic Opportunity executive director and by an authorized
1162 officer of the qualified target industry business within 120
1163 days after the issuance of the letter of certification under
1164 subsection (4), but not before passage and receipt of the
1165 resolution of local financial support. The department may grant
1166 an extension of this period at the written request of the
1167 qualified target industry business.
1168 (8) SPECIAL INCENTIVES.—If the department determines it is
1169 in the best interest of the public for reasons of facilitating
1170 economic development, growth, or new employment opportunities
1171 within a Disproportionally Affected County, the department may,
1172 between July 1, 2011, and June 30, 2014, waive any or all wage
1173 or local financial support eligibility requirements and allow a
1174 qualified target industry business from another state which
1175 relocates all or a portion of its business to a
1176 Disproportionally Affected County to receive a tax refund
1177 payment of up to $6,000 multiplied by the number of jobs
1178 specified in the tax refund agreement under subparagraph
1179 (5)(a)1. over the term of the agreement. Before Prior to
1180 granting such waiver, the Secretary of Economic Opportunity
1181 executive director of the department shall file with the
1182 Governor a written statement of the conditions and circumstances
1183 constituting the reason for the waiver. Such business shall be
1184 eligible for the additional tax refund payments specified in
1185 subparagraph (3)(b)4. if it meets the criteria. As used in this
1186 section, the term “Disproportionally Affected County” means Bay
1187 County, Escambia County, Franklin County, Gulf County, Okaloosa
1188 County, Santa Rosa County, Walton County, or Wakulla County.
1189 Section 24. Subsection (5) of section 288.1089, Florida
1190 Statutes, is amended to read:
1191 288.1089 Innovation Incentive Program.—
1192 (5) The department shall review proposals pursuant to s.
1193 288.061 for all three categories of innovation incentive awards.
1194 Before making a recommendation to the Secretary of Economic
1195 Opportunity executive director, the department shall solicit
1196 comments and recommendations from the Department of Agriculture
1197 and Consumer Services. For each project, the evaluation and
1198 recommendation to the department must include, but need not be
1199 limited to:
1200 (a) A description of the project, its required facilities,
1201 and the associated product, service, or research and development
1202 associated with the project.
1203 (b) The percentage of match provided for the project.
1204 (c) The number of full-time equivalent jobs that will be
1205 created by the project, the total estimated average annual wages
1206 of such jobs, and the types of business activities and jobs
1207 likely to be stimulated by the project.
1208 (d) The cumulative investment to be dedicated to the
1209 project within 5 years and the total investment expected in the
1210 project if more than 5 years.
1211 (e) The projected economic and fiscal impacts on the local
1212 and state economies relative to investment.
1213 (f) A statement of any special impacts the project is
1214 expected to stimulate in a particular business sector in the
1215 state or regional economy or in the state’s universities and
1216 community colleges.
1217 (g) A statement of any anticipated or proposed
1218 relationships with state universities.
1219 (h) A statement of the role the incentive is expected to
1220 play in the decision of the applicant to locate or expand in
1221 this state.
1222 (i) A recommendation and explanation of the amount of the
1223 award needed to cause the applicant to expand or locate in this
1224 state.
1225 (j) A discussion of the efforts and commitments made by the
1226 local community in which the project is to be located to induce
1227 the applicant’s location or expansion, taking into consideration
1228 local resources and abilities.
1229 (k) A recommendation for specific performance criteria the
1230 applicant would be expected to achieve in order to receive
1231 payments from the fund and penalties or sanctions for failure to
1232 meet or maintain performance conditions.
1233 (l) Additional evaluative criteria for a research and
1234 development facility project, including:
1235 1. A description of the extent to which the project has the
1236 potential to serve as catalyst for an emerging or evolving
1237 cluster.
1238 2. A description of the extent to which the project has or
1239 could have a long-term collaborative research and development
1240 relationship with one or more universities or community colleges
1241 in this state.
1242 3. A description of the existing or projected impact of the
1243 project on established clusters or targeted industry sectors.
1244 4. A description of the project’s contribution to the
1245 diversity and resiliency of the innovation economy of this
1246 state.
1247 5. A description of the project’s impact on special needs
1248 communities, including, but not limited to, rural areas,
1249 distressed urban areas, and enterprise zones.
1250 (m) Additional evaluative criteria for alternative and
1251 renewable energy proposals, including:
1252 1. The availability of matching funds or other in-kind
1253 contributions applied to the total project from an applicant.
1254 The Department of Agriculture and Consumer Services shall give
1255 greater preference to projects that provide such matching funds
1256 or other in-kind contributions.
1257 2. The degree to which the project stimulates in-state
1258 capital investment and economic development in metropolitan and
1259 rural areas, including the creation of jobs and the future
1260 development of a commercial market for renewable energy
1261 technologies.
1262 3. The extent to which the proposed project has been
1263 demonstrated to be technically feasible based on pilot project
1264 demonstrations, laboratory testing, scientific modeling, or
1265 engineering or chemical theory that supports the proposal.
1266 4. The degree to which the project incorporates an
1267 innovative new technology or an innovative application of an
1268 existing technology.
1269 5. The degree to which a project generates thermal,
1270 mechanical, or electrical energy by means of a renewable energy
1271 resource that has substantial long-term production potential.
1272 6. The degree to which a project demonstrates efficient use
1273 of energy and material resources.
1274 7. The degree to which the project fosters overall
1275 understanding and appreciation of renewable energy technologies.
1276 8. The ability to administer a complete project.
1277 9. Project duration and timeline for expenditures.
1278 10. The geographic area in which the project is to be
1279 conducted in relation to other projects.
1280 11. The degree of public visibility and interaction.
1281 Section 25. Paragraph (b) of subsection (1) of section
1282 288.1251, Florida Statutes, is amended to read:
1283 288.1251 Promotion and development of entertainment
1284 industry; Office of Film and Entertainment; creation; purpose;
1285 powers and duties.—
1286 (1) CREATION.—
1287 (b) The department shall conduct a national search for a
1288 qualified person to fill the position of Commissioner of Film
1289 and Entertainment when the position is vacant. The Secretary of
1290 Economic Opportunity executive director of the department has
1291 the responsibility to hire the film commissioner. Qualifications
1292 for the film commissioner include, but are not limited to, the
1293 following:
1294 1. A working knowledge of the equipment, personnel,
1295 financial, and day-to-day production operations of the
1296 industries to be served by the Office of Film and Entertainment;
1297 2. Marketing and promotion experience related to the film
1298 and entertainment industries to be served;
1299 3. Experience working with a variety of individuals
1300 representing large and small entertainment-related businesses,
1301 industry associations, local community entertainment industry
1302 liaisons, and labor organizations; and
1303 4. Experience working with a variety of state and local
1304 governmental agencies.
1305 Section 26. Subsection (8) of section 288.8014, Florida
1306 Statutes, is amended to read:
1307 288.8014 Triumph Gulf Coast, Inc.; organization; board of
1308 directors.—
1309 (8) The Secretary executive director of the Department of
1310 Economic Opportunity, or his or her designee, the secretary of
1311 the Department of Environmental Protection, or his or her
1312 designee, and the chair of the Committee of 8 Disproportionally
1313 Affected Counties, or his or her designee, shall be available to
1314 consult with the board of directors and may be requested to
1315 attend meetings of the board of directors. These individuals
1316 shall not be permitted to vote on any matter before the board.
1317 Section 27. Paragraph (a) of subsection (4) of section
1318 288.955, Florida Statutes, is amended to read:
1319 288.955 Scripps Florida Funding Corporation.—
1320 (4) BOARD; MEMBERSHIP.—The corporation shall be governed by
1321 a board of directors.
1322 (a) The board of directors shall consist of nine voting
1323 members, of whom the Governor shall appoint three, the President
1324 of the Senate shall appoint three, and the Speaker of the House
1325 of Representatives shall appoint three. The Secretary of
1326 Economic Opportunity executive director of the department or the
1327 secretary’s director’s designee shall serve as an ex-officio,
1328 nonvoting member of the board of directors.
1329 Section 28. Subsection (2) of section 288.9604, Florida
1330 Statutes, is amended to read:
1331 288.9604 Creation of the corporation.—
1332 (2) The board of directors of the corporation shall consist
1333 of seven directors. The Secretary of Economic Opportunity
1334 executive director of the department, or his or her designee,
1335 shall serve as chair of the board of directors of the
1336 corporation. The director of the Division of Bond Finance of the
1337 State Board of Administration, or his or her designee, shall
1338 serve as a director on the board of directors of the
1339 corporation. The Governor, subject to confirmation by the
1340 Senate, shall appoint the remaining five directors of the board
1341 of directors of the corporation. The terms of office for the
1342 appointed directors are for 4 years after the date of their
1343 appointment. A vacancy occurring during a term of an appointed
1344 director shall be filled for the unexpired term. An appointed
1345 director is eligible for reappointment. At least three of the
1346 appointed directors of the corporation must have experience in
1347 finance, and one of the directors must have experience in
1348 economic development.
1349 Section 29. Subsection (5) of section 288.987, Florida
1350 Statutes, is amended to read:
1351 288.987 Florida Defense Support Task Force.—
1352 (5) The Secretary executive director of the Department of
1353 Economic Opportunity, or his or her designee, shall serve as the
1354 ex officio, nonvoting executive director of the task force.
1355 Section 30. Paragraph (a) of subsection (6) of section
1356 290.0065, Florida Statutes, is amended to read:
1357 290.0065 State designation of enterprise zones.—
1358 (6)(a) The department may develop guidelines necessary for
1359 the approval of areas under this section by the Secretary of
1360 Economic Opportunity executive director.
1361 Section 31. Subsection (1) of section 311.09, Florida
1362 Statutes, is amended to read:
1363 311.09 Florida Seaport Transportation and Economic
1364 Development Council.—
1365 (1) The Florida Seaport Transportation and Economic
1366 Development Council is created within the Department of
1367 Transportation. The council consists of the following 17
1368 members: the port director, or the port director’s designee, of
1369 each of the ports of Jacksonville, Port Canaveral, Port Citrus,
1370 Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
1371 St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
1372 West, and Fernandina; the secretary of the Department of
1373 Transportation or his or her designee; and the secretary
1374 director of the Department of Economic Opportunity or his or her
1375 designee.
1376 Section 32. Paragraph (b) of subsection (1) of section
1377 311.105, Florida Statutes, is amended to read:
1378 311.105 Florida Seaport Environmental Management Committee;
1379 permitting; mitigation.—
1380 (1)
1381 (b) The committee shall consist of the following members:
1382 the Secretary of Environmental Protection, or his or her
1383 designee, as an ex officio, nonvoting member; a designee from
1384 the United States Army Corps of Engineers, as an ex officio,
1385 nonvoting member; a designee from the Florida Inland Navigation
1386 District, as an ex officio, nonvoting member; the Secretary
1387 executive director of the Department of Economic Opportunity, or
1388 his or her designee, as an ex officio, nonvoting member; and
1389 five or more port directors, as voting members, appointed to the
1390 committee by the council chair, who shall also designate one
1391 such member as committee chair.
1392 Section 33. Subsection (3) of section 334.065, Florida
1393 Statutes, is amended to read:
1394 334.065 Center for Urban Transportation Research.—
1395 (3) An advisory board shall be created to periodically and
1396 objectively review and advise the center concerning its research
1397 program. Except for projects mandated by law, state-funded base
1398 projects shall not be undertaken without approval of the
1399 advisory board. The membership of the board shall consist of
1400 nine experts in transportation-related areas, including the
1401 secretaries of the Department Florida Departments of
1402 Transportation, the Department of and Environmental Protection,
1403 and the executive director of the Department of Economic
1404 Opportunity, or their designees, and a member of the Florida
1405 Transportation Commission. The nomination of the remaining
1406 members of the board shall be made to the President of the
1407 University of South Florida by the College of Engineering at the
1408 University of South Florida, and the appointment of these
1409 members must be reviewed and approved by the Florida
1410 Transportation Commission and confirmed by the Board of
1411 Governors.
1412 Section 34. Subsection (5) of section 373.4149, Florida
1413 Statutes, is amended to read:
1414 373.4149 Miami-Dade County Lake Belt Plan.—
1415 (5) The secretary of the Department of Environmental
1416 Protection, the secretary executive director of the Department
1417 of Economic Opportunity, the secretary of the Department of
1418 Transportation, the Commissioner of Agriculture, the executive
1419 director of the Fish and Wildlife Conservation Commission, and
1420 the executive director of the South Florida Water Management
1421 District may enter into agreements with landowners, developers,
1422 businesses, industries, individuals, and governmental agencies
1423 as necessary to effectuate the Miami-Dade County Lake Belt Plan
1424 and the provisions of this section.
1425 Section 35. Subsection (2) of section 380.045, Florida
1426 Statutes, is amended to read:
1427 380.045 Resource planning and management committees;
1428 objectives; procedures.—
1429 (2) The committee must shall include, but is shall not be
1430 limited to, representation from each of the following: elected
1431 officials from the local governments within the area under
1432 study; the planning office of each of the local governments
1433 within the area under study; the state land planning agency; any
1434 other state agency under chapter 20 a representative of which
1435 the Governor feels is relevant to the compilation of the
1436 committee; and a water management district, if appropriate, and
1437 regional planning council all or part of whose jurisdiction lies
1438 within the area under study. After the appointment of the
1439 members, the Governor shall select a chair and vice chair. A
1440 staff member of the state land planning agency shall be
1441 appointed by the secretary director of such agency to serve as
1442 the secretary of the committee. The state land planning agency
1443 shall, to the greatest extent possible, provide technical
1444 assistance and administrative support to the committee. Meetings
1445 will be called as needed by the chair or on the demand of three
1446 or more members of the committee. The committee will act on a
1447 simple majority of a quorum present and shall make a report
1448 within 6 months to the head of the state land planning agency.
1449 The committee must shall, from the time of appointment, remain
1450 in existence for no less than 6 months.
1451 Section 36. Subsection (5) of section 403.0752, Florida
1452 Statutes, is amended to read:
1453 403.0752 Ecosystem management agreements.—
1454 (5) The Secretary Executive Director of the Department of
1455 Economic Opportunity, the Secretary of Transportation, the
1456 Commissioner of Agriculture, the Executive Director of the Fish
1457 and Wildlife Conservation Commission, and the executive
1458 directors of the water management districts are authorized to
1459 participate in the development of ecosystem management
1460 agreements with regulated entities and other governmental
1461 agencies as necessary to effectuate the provisions of this
1462 section. Local governments are encouraged to participate in
1463 ecosystem management agreements.
1464 Section 37. Subsection (1) of section 420.0005, Florida
1465 Statutes, is amended to read:
1466 420.0005 State Housing Trust Fund; State Housing Fund.—
1467 (1) There is established in the State Treasury a separate
1468 trust fund to be named the “State Housing Trust Fund.” There
1469 shall be deposited in the fund all moneys appropriated by the
1470 Legislature, or moneys received from any other source, for the
1471 purpose of this chapter, and all proceeds derived from the use
1472 of such moneys. The fund shall be administered by the Florida
1473 Housing Finance Corporation on behalf of the department, as
1474 specified in this chapter. Money deposited to the fund and
1475 appropriated by the Legislature must, notwithstanding the
1476 provisions of chapter 216 or s. 420.504(3), be transferred
1477 quarterly in advance, to the extent available, or, if not so
1478 available, as soon as received into the State Housing Trust
1479 Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
1480 by the Chief Financial Officer to the corporation upon
1481 certification by the Secretary executive director of the
1482 Department of Economic Opportunity that the corporation is in
1483 compliance with the requirements of s. 420.0006. The
1484 certification made by the secretary executive director shall
1485 also include the split of funds among programs administered by
1486 the corporation and the department as specified in chapter 92
1487 317, Laws of Florida, as amended. Moneys advanced by the Chief
1488 Financial Officer must be deposited by the corporation into a
1489 separate fund established with a qualified public depository
1490 meeting the requirements of chapter 280 to be named the “State
1491 Housing Fund” and used for the purposes of this chapter.
1492 Administrative and personnel costs incurred in implementing this
1493 chapter may be paid from the State Housing Fund, but such costs
1494 may not exceed 5 percent of the moneys deposited into such fund.
1495 To the State Housing Fund shall be credited all loan repayments,
1496 penalties, and other fees and charges accruing to such fund
1497 under this chapter. It is the intent of this chapter that all
1498 loan repayments, penalties, and other fees and charges collected
1499 be credited in full to the program account from which the loan
1500 originated. Moneys in the State Housing Fund which are not
1501 currently needed for the purposes of this chapter shall be
1502 invested in such manner as is provided for by statute. The
1503 interest received on any such investment shall be credited to
1504 the State Housing Fund.
1505 Section 38. Section 420.0006, Florida Statutes, is amended
1506 to read:
1507 420.0006 Authority to contract with corporation; contract
1508 requirements; nonperformance.—The Secretary executive director
1509 of Economic Opportunity the department shall contract,
1510 notwithstanding part I of chapter 287, with the Florida Housing
1511 Finance Corporation on a multiyear basis to stimulate, provide,
1512 and foster affordable housing in the state. The contract must
1513 incorporate the performance measures required by s. 420.511 and
1514 be consistent with the corporation’s strategic business plan
1515 prepared in accordance with s. 420.511. The contract must
1516 provide that if the corporation fails to comply with a
1517 performance measure required by s. 420.511, the secretary
1518 executive director shall notify the Governor and refer the
1519 nonperformance to the department’s inspector general for review
1520 and determination as to whether such failure is due to forces
1521 beyond the corporation’s control or whether such failure is due
1522 to inadequate management of the corporation’s resources.
1523 Advances shall continue to be made pursuant to s. 420.0005
1524 during the pendency of the review. If such failure is due to
1525 outside forces, it may not be deemed a violation of the
1526 contract. If such failure is due to inadequate management, the
1527 department’s inspector general shall provide recommendations
1528 regarding solutions. The Governor may resolve differences of
1529 opinion with respect to performance under the contract and may
1530 request that advances continue in the event of a failure under
1531 the contract due to inadequate management. The Chief Financial
1532 Officer shall approve the request absent a finding by the Chief
1533 Financial Officer that continuing such advances would adversely
1534 impact the state; however, the Chief Financial Officer shall
1535 provide advances sufficient to meet the debt service
1536 requirements of the corporation and sufficient to fund contracts
1537 committing funds from the State Housing Trust Fund if such
1538 contracts are in accordance with the laws of this state.
1539 Section 39. Paragraph (d) of subsection (1) of section
1540 420.101, Florida Statutes, is amended to read:
1541 420.101 Housing Development Corporation of Florida;
1542 creation, membership, and purposes.—
1543 (1) Twenty-five or more persons, a majority of whom shall
1544 be residents of this state, who may desire to create a housing
1545 development corporation under the provisions of this part for
1546 the purpose of promoting and developing housing and advancing
1547 the prosperity and economic welfare of the state and, to that
1548 end, to exercise the powers and privileges hereinafter provided,
1549 may be incorporated by filing in the Department of State, as
1550 hereinafter provided, articles of incorporation. The articles of
1551 incorporation shall contain:
1552 (d) The names and post office addresses of the members of
1553 the first board of directors. The first board of directors shall
1554 be elected by and from the stockholders of the corporation and
1555 shall consist of 21 members. However, five of such members shall
1556 consist of the following persons, who shall be nonvoting
1557 members: the Secretary executive director of the Department of
1558 Economic Opportunity or her or his designee; the head of the
1559 Department of Financial Services or her or his designee with
1560 expertise in banking matters; a designee of the head of the
1561 Department of Financial Services with expertise in insurance
1562 matters; one state senator appointed by the President of the
1563 Senate; and one representative appointed by the Speaker of the
1564 House of Representatives.
1565 Section 40. Subsection (8) of section 420.503, Florida
1566 Statutes, is amended to read:
1567 420.503 Definitions.—As used in this part, the term:
1568 (8) “Contract” means the contract between the Secretary
1569 executive director of Economic Opportunity the department and
1570 the corporation for provision of housing services referenced in
1571 s. 420.0006.
1572 Section 41. Subsections (1) and (3) of section 420.504,
1573 Florida Statutes, are amended to read:
1574 420.504 Public corporation; creation, membership, terms,
1575 expenses.—
1576 (1) A public corporation and a public body corporate and
1577 politic, to be known as the “Florida Housing Finance
1578 Corporation,” is created within the Department of Economic
1579 Opportunity. It is declared to be the intent of and
1580 constitutional construction by the Legislature that the Florida
1581 Housing Finance Corporation constitutes an entrepreneurial
1582 public corporation organized to provide and promote the public
1583 welfare by administering the governmental function of financing
1584 or refinancing housing and related facilities in this state and
1585 that the corporation is not a department of the executive branch
1586 of state government within the scope and meaning of s. 6, Art.
1587 IV of the State Constitution, but is functionally related to the
1588 Department of Economic Opportunity in which it is placed. The
1589 executive function of state government to be performed by the
1590 Secretary executive director of the Department of Economic
1591 Opportunity in the conduct of the business of the Florida
1592 Housing Finance Corporation must be performed pursuant to a
1593 contract to monitor and set performance standards for the
1594 implementation of the business plan for the provision of housing
1595 approved for the corporation as provided in s. 420.0006. This
1596 contract must include performance standards for the provision of
1597 affordable housing in this state established in the strategic
1598 business plan described in s. 420.511.
1599 (3) The corporation is a separate budget entity and is not
1600 subject to control, supervision, or direction by the Department
1601 of Economic Opportunity in any manner, including, but not
1602 limited to, personnel, purchasing, transactions involving real
1603 or personal property, and budgetary matters. The corporation
1604 shall consist of a board of directors composed of the Secretary
1605 executive director of the Department of Economic Opportunity as
1606 an ex officio and voting member, or a senior-level agency
1607 employee designated by the secretary director, and eight members
1608 appointed by the Governor subject to confirmation by the Senate
1609 from the following:
1610 (a) One citizen actively engaged in the residential home
1611 building industry.
1612 (b) One citizen actively engaged in the banking or mortgage
1613 banking industry.
1614 (c) One citizen who is a representative of those areas of
1615 labor engaged in home building.
1616 (d) One citizen with experience in housing development who
1617 is an advocate for low-income persons.
1618 (e) One citizen actively engaged in the commercial building
1619 industry.
1620 (f) One citizen who is a former local government elected
1621 official.
1622 (g) Two citizens of the state who are not principally
1623 employed as members or representatives of any of the groups
1624 specified in paragraphs (a)-(f).
1625 Section 42. Subsection (1) of section 420.506, Florida
1626 Statutes, is amended to read:
1627 420.506 Executive director; agents and employees; inspector
1628 general.—
1629 (1) The appointment and removal of an executive director
1630 shall be by the Secretary executive director of the Department
1631 of Economic Opportunity, with the advice and consent of the
1632 corporation’s board of directors. The executive director shall
1633 employ legal and technical experts and such other agents and
1634 employees, permanent and temporary, as the corporation may
1635 require, and shall communicate with and provide information to
1636 the Legislature with respect to the corporation’s activities.
1637 Notwithstanding s. 216.262, the board may develop and implement
1638 rules regarding the employment of employees of the corporation
1639 and service providers, including legal counsel. The board is
1640 entitled to establish travel procedures and guidelines for
1641 employees of the corporation, subject to s. 112.061(6) and (7).
1642 The executive director’s office and the corporation’s files and
1643 records must be located in Leon County.
1644 Section 43. Subsection (30) of section 420.507, Florida
1645 Statutes, is amended to read:
1646 420.507 Powers of the corporation.—The corporation shall
1647 have all the powers necessary or convenient to carry out and
1648 effectuate the purposes and provisions of this part, including
1649 the following powers which are in addition to all other powers
1650 granted by other provisions of this part:
1651 (30) To prepare and submit to the Secretary executive
1652 director of Economic Opportunity the department a budget request
1653 for purposes of the corporation, which request shall,
1654 notwithstanding the provisions of chapter 216 and in accordance
1655 with s. 216.351, contain a request for operational expenditures
1656 and separate requests for other authorized corporation programs.
1657 The request need not contain information on the number of
1658 employees, salaries, or any classification thereof, and the
1659 approved operating budget therefor need not comply with s.
1660 216.181(8)-(10). The secretary executive director may include
1661 within the department’s budget request the corporation’s budget
1662 request in the form as authorized by this section.
1663 Section 44. Subsection (2) of section 420.511, Florida
1664 Statutes, is amended to read:
1665 420.511 Strategic business plan; long-range program plan;
1666 annual report; audited financial statements.—
1667 (2) The corporation, in coordination with the department,
1668 shall annually develop a long-range program plan for the
1669 provision of affordable housing in this state as required
1670 pursuant to chapter 186. In part, the plan must include
1671 provisions that maximize the abilities of the corporation to
1672 implement the state housing strategy established under s.
1673 420.0003, to respond to federal housing initiatives, and to
1674 develop programs in a manner that is more responsive to the
1675 needs of public and private partners. The plan shall be
1676 developed on a schedule consistent with that established by s.
1677 186.021. For purposes of this section, the Secretary of Economic
1678 Opportunity executive director or his or her designee shall
1679 serve as the corporation’s representative to achieve a
1680 coordinated and integrated planning relationship with the
1681 department.
1682 Section 45. Subsection (7) of section 420.602, Florida
1683 Statutes, is amended to read:
1684 420.602 Definitions.—As used in this part, the following
1685 terms shall have the following meanings, unless the context
1686 otherwise requires:
1687 (7) “Director” means the executive director of the
1688 Department of Economic Opportunity.
1689 Section 46. Subsection (5) of section 420.609, Florida
1690 Statutes, is amended to read:
1691 420.609 Affordable Housing Study Commission.—Because the
1692 Legislature firmly supports affordable housing in Florida for
1693 all economic classes:
1694 (5) The commission shall review, evaluate, and make
1695 recommendations regarding existing and proposed housing programs
1696 and initiatives. The commission shall provide these and any
1697 other housing recommendations to the Secretary director of
1698 Economic Opportunity the department and the executive director
1699 of the corporation.
1700 Section 47. Subsection (2) of section 420.622, Florida
1701 Statutes, is amended to read:
1702 420.622 State Office on Homelessness; Council on
1703 Homelessness.—
1704 (2) The Council on Homelessness is created to consist of 19
1705 representatives of public and private agencies who shall develop
1706 policy and advise the State Office on Homelessness. The council
1707 members shall be: the Secretary of Children and Families, or his
1708 or her designee; the Secretary executive director of the
1709 Department of Economic Opportunity, or his or her designee, who
1710 shall advise the council on issues related to rural development;
1711 the State Surgeon General, or his or her designee; the Executive
1712 Director of Veterans’ Affairs, or his or her designee; the
1713 Secretary of Corrections, or his or her designee; the Secretary
1714 of Health Care Administration, or his or her designee; the
1715 Commissioner of Education, or his or her designee; the Executive
1716 Director of CareerSource Florida, Inc., or his or her designee;
1717 one representative of the Florida Association of Counties; one
1718 representative of the Florida League of Cities; one
1719 representative of the Florida Supportive Housing Coalition; one
1720 representative of the Florida Housing Coalition; the Executive
1721 Director of the Florida Housing Finance Corporation, or his or
1722 her designee; one representative of the Florida Coalition for
1723 the Homeless; the secretary of the Department of Elder Affairs,
1724 or his or her designee; and four members appointed by the
1725 Governor. The council members shall be nonpaid volunteers and
1726 shall be reimbursed only for travel expenses. The appointed
1727 members of the council shall be appointed to staggered 2-year
1728 terms and are encouraged to have experience in the
1729 administration or provision of resources, services, or housing
1730 that addresses the needs of persons experiencing homelessness.
1731 The council shall meet at least four times per year. The
1732 importance of minority, gender, and geographic representation
1733 shall be considered in appointing members to the council.
1734 Section 48. Paragraph (g) of subsection (1) of section
1735 427.012, Florida Statutes, is amended to read:
1736 427.012 The Commission for the Transportation
1737 Disadvantaged.—There is created the Commission for the
1738 Transportation Disadvantaged in the Department of
1739 Transportation.
1740 (1) The commission shall consist of seven members, all of
1741 whom shall be appointed by the Governor, in accordance with the
1742 requirements of s. 20.052.
1743 (g) The Secretary of Transportation, the Secretary of
1744 Children and Families, the Secretary executive director of the
1745 Department of Economic Opportunity, the executive director of
1746 the Department of Veterans’ Affairs, the Secretary of Elderly
1747 Affairs, the Secretary of Health Care Administration, the
1748 director of the Agency for Persons with Disabilities, and a
1749 county manager or administrator who is appointed by the
1750 Governor, or a senior management level representative of each,
1751 shall serve as ex officio, nonvoting advisors to the commission.
1752 Section 49. Subsections (2), (3), and (4) of section
1753 443.1116, Florida Statutes, are amended to read:
1754 443.1116 Short-time compensation.—
1755 (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer
1756 wishing to participate in the short-time compensation program
1757 must submit a signed, written, short-time plan to the Department
1758 of Economic Opportunity for approval. The Secretary of Economic
1759 Opportunity director or his or her designee shall approve the
1760 plan if:
1761 (a) The plan applies to and identifies each specific
1762 affected unit;
1763 (b) The individuals in the affected unit are identified by
1764 name and social security number;
1765 (c) The normal weekly hours of work for individuals in the
1766 affected unit are reduced by at least 10 percent and by not more
1767 than 40 percent;
1768 (d) The plan includes a certified statement by the employer
1769 that the aggregate reduction in work hours is in lieu of layoffs
1770 that would affect at least 10 percent of the employees in the
1771 affected unit and that would have resulted in an equivalent
1772 reduction in work hours;
1773 (e) The plan applies to at least 10 percent of the
1774 employees in the affected unit;
1775 (f) The plan is approved in writing by the collective
1776 bargaining agent for each collective bargaining agreement
1777 covering any individual in the affected unit;
1778 (g) The plan does not serve as a subsidy to seasonal
1779 employers during the off-season or as a subsidy to employers who
1780 traditionally use part-time employees;
1781 (h) The plan certifies that, if the employer provides
1782 fringe benefits to any employee whose workweek is reduced under
1783 the program, the fringe benefits will continue to be provided to
1784 the employee participating in the short-time compensation
1785 program under the same terms and conditions as though the
1786 workweek of such employee had not been reduced or to the same
1787 extent as other employees not participating in the short-time
1788 compensation program. As used in this paragraph, the term
1789 “fringe benefits” includes, but is not limited to, health
1790 insurance, retirement benefits under defined benefit pension
1791 plans as defined in subsection 35 of s. 1002 of the Employee
1792 Retirement Income Security Act of 1974, 29 U.S.C., contributions
1793 under a defined contribution plan as defined in s. 414(i) of the
1794 Internal Revenue Code, paid vacation and holidays, and sick
1795 leave;
1796 (i) The plan describes the manner in which the requirements
1797 of this subsection will be implemented, including a plan for
1798 giving notice, if feasible, to an employee whose workweek is to
1799 be reduced, together with an estimate of the number of layoffs
1800 that would have occurred absent the ability to participate in
1801 short-time compensation; and
1802 (j) The terms of the employer’s written plan and
1803 implementation are consistent with employer obligations under
1804 applicable federal laws and laws of this state.
1805 (3) APPROVAL OR DISAPPROVAL OF THE PLAN.—The Secretary of
1806 Economic Opportunity director or his or her designee shall
1807 approve or disapprove a short-time compensation plan in writing
1808 within 15 days after its receipt. If the plan is denied, the
1809 secretary director or his or her designee shall notify the
1810 employer of the reasons for disapproval.
1811 (4) BEGINNING AND TERMINATION OF SHORT-TIME COMPENSATION
1812 BENEFIT PERIOD.—A plan takes effect on the date of its approval
1813 by the Secretary of Economic Opportunity director or his or her
1814 designee and expires at the end of the 12th full calendar month
1815 after its effective date.
1816 Section 50. Paragraph (d) of subsection (2) of section
1817 446.53, Florida Statutes, is amended to read:
1818 446.53 Concrete masonry education.—
1819 (2)
1820 (d) In addition to the 13 voting members described in
1821 paragraph (a), the Secretary executive director of the
1822 Department of Economic Opportunity, or his or her designee,
1823 shall serve ex officio as a nonvoting member of the board of
1824 directors of the council.
1825 Section 51. Section 450.261, Florida Statutes, is amended
1826 to read:
1827 450.261 Interstate Migrant Labor Commission; Florida
1828 membership.—In selecting the Florida membership of the
1829 Interstate Migrant Labor Commission, the Governor may designate
1830 the Secretary executive director of the Department of Economic
1831 Opportunity as his or her representative.
1832 Section 52. Paragraph (d) of subsection (1), paragraph (a)
1833 of subsection (4), and paragraphs (b), (c), and (d) of
1834 subsection (5) of section 624.5105, Florida Statutes, are
1835 amended to read:
1836 624.5105 Community contribution tax credit; authorization;
1837 limitations; eligibility and application requirements;
1838 administration; definitions; expiration.—
1839 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
1840 (d) Each proposal for the granting of such tax credit
1841 requires the prior approval of the Secretary of Economic
1842 Opportunity director.
1843 (4) ADMINISTRATION.—
1844 (a)1. The Department of Economic Opportunity may adopt
1845 rules to administer this section, including rules for the
1846 approval or disapproval of proposals by insurers.
1847 2. The decision of the Secretary of Economic Opportunity
1848 director shall be in writing, and, if approved, the proposal
1849 shall state the maximum credit allowable to the insurer. A copy
1850 of the decision shall be transmitted to the executive director
1851 of the Department of Revenue, who shall apply such credit to the
1852 tax liability of the insurer.
1853 3. The Department of Economic Opportunity shall monitor all
1854 projects periodically, in a manner consistent with available
1855 resources to ensure that resources are utilized in accordance
1856 with this section; however, each project shall be reviewed no
1857 less frequently than once every 2 years.
1858 4. The Department of Economic Opportunity shall, in
1859 consultation with the Florida Housing Finance Corporation and
1860 the statewide and regional housing and financial intermediaries,
1861 market the availability of the community contribution tax credit
1862 program to community-based organizations.
1863 (5) DEFINITIONS.—As used in this section, the term:
1864 (b) “Director” means the director of the Department of
1865 Economic Opportunity.
1866 (b)(c) “Local government” means any county or incorporated
1867 municipality in the state.
1868 (c)(d) “Project” means an activity as defined in s.
1869 220.03(1)(t).
1870 Section 53. Paragraph (f) of subsection (2) of section
1871 1004.015, Florida Statutes, is amended to read:
1872 1004.015 Florida Talent Development Council.—
1873 (2) Members of the council shall include:
1874 (f) The Secretary executive director of the Department of
1875 Economic Opportunity.
1876 Section 54. This act shall take effect upon becoming a law.
