Bill Text: FL S1996 | 2012 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Economic Opportunity

Spectrum: Committee Bill

Status: (Enrolled - Dead) 2012-03-09 - Ordered engrossed, then enrolled -SJ 1679 [S1996 Detail]

Download: Florida-2012-S1996-Engrossed.html

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       SB 1996                                          First Engrossed
       
       
       
       
       
       
       
       
       20121996e1
       
    1                        A bill to be entitled                      
    2         An act relating to the Department of Economic
    3         Opportunity; repealing s. 49 of ch. 2011-47, Laws of
    4         Florida; abrogating the future expiration of an
    5         amendment to s. 163.3247(3)(d), F.S., to nullify the
    6         reversion of the text of that paragraph to that in
    7         existence on June 30, 2010; repealing s. 51 of ch.
    8         2011-47, Laws of Florida; abrogating the future
    9         expiration of an amendment to s. 201.15(1)(c)2., F.S.,
   10         to nullify the reversion of the text of that
   11         subparagraph to that in existence on June 30, 2010;
   12         requiring the Auditor General and the Office of
   13         Program Policy Analysis and Governmental
   14         Accountability to conduct a joint audit and review of
   15         the Florida Housing Finance Corporation; amending s.
   16         443.036, F.S.; revising the definition of the term
   17         “initial skills review” to correct a reference to the
   18         agency that approves online education or training
   19         programs as the Department of Economic Opportunity
   20         rather than the Agency for Workforce Innovation;
   21         amending s. 445.009, F.S.; deleting the future
   22         expiration of provisions authorizing worker’s
   23         compensation coverage for a participant in an adult or
   24         youth work experience activity; repealing s. 445.06,
   25         F.S., relating to the Florida Ready to Work
   26         Certification Program; amending s. 1003.4285, F.S.;
   27         deleting a provision that requires a standard high
   28         school diploma to include a designation reflecting a
   29         Florida Ready to Work Credential, to conform to
   30         changes made by the act; directing the Department of
   31         Economic Opportunity to prepare draft legislation to
   32         conform the Florida Statutes to the provisions of the
   33         act; requiring that the department submit the draft
   34         legislation to the Governor and the Legislature by a
   35         specified date; amending s. 212.20, F.S.; requiring
   36         that the Department of Revenue distribute monthly to
   37         the Florida Institute of Technology a specified amount
   38         for the purpose of operating a space exploration
   39         research institute; requiring that the Florida
   40         Institute of Technology develop a plan for the space
   41         exploration research institute in conjunction with
   42         Space Florida; authorizing a local governmental entity
   43         that is an independent special district providing
   44         certain utility services to reduce its rates by
   45         resolution for a specified time for a user that will
   46         provide a community benefit; providing effective
   47         dates.
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 49 of chapter 2011-47, Laws of Florida,
   52  is repealed.
   53         Section 2. Section 51 of chapter 2011-47, Laws of Florida,
   54  is repealed.
   55         Section 3. The Auditor General and the Office of Program
   56  Policy Analysis and Governmental Accountability shall conduct a
   57  joint audit and review of the programs and operations of the
   58  Florida Housing Finance Corporation, and shall jointly develop a
   59  work plan for such audit and review to be submitted to the
   60  President of the Senate and the Speaker of the House of
   61  Representatives no later than July 1, 2012. The audit and review
   62  shall encompass, at a minimum, a review of the corporation’s
   63  assets, liabilities, income, and operating expenses, the
   64  internal management, financial and operational controls
   65  employed, the programmatic decision-making processes used, the
   66  governance, direction and oversight provided by the Florida
   67  Housing Finance Corporation Board of Directors, and the
   68  performance outcomes of the programs administered by the Florida
   69  Housing Finance Corporation. The audit and review shall also
   70  include formulation of recommendations to the Legislature for
   71  changes to the structure, governance and operational processes
   72  of the Florida Housing Finance Corporation. Unless otherwise
   73  directed in writing jointly by the President of the Senate and
   74  the Speaker of the House of Representatives, a written report on
   75  the audit and review shall be submitted to the President of the
   76  Senate and the Speaker of the House of Representatives no later
   77  than December 1, 2012. This section shall be effective upon this
   78  act becoming law.
   79         Section 4. Subsection (26) of section 443.036, Florida
   80  Statutes, is amended to read:
   81         443.036 Definitions.—As used in this chapter, the term:
   82         (26) “Initial skills review” means an online education or
   83  training program, such as that established under s. 1004.99,
   84  that is approved by the Department of Economic Opportunity
   85  Agency for Workforce Innovation and designed to measure an
   86  individual’s mastery level of workplace skills.
   87         Section 5. Subsection (11) of section 445.009, Florida
   88  Statutes, is amended to read:
   89         445.009 One-stop delivery system.—
   90         (11) A participant in an adult or youth work experience
   91  activity administered under this chapter shall be deemed an
   92  employee of the state for purposes of workers’ compensation
   93  coverage. In determining the average weekly wage, all
   94  remuneration received from the employer shall be considered a
   95  gratuity, and the participant is shall not be entitled to any
   96  benefits otherwise payable under s. 440.15, regardless of
   97  whether the participant may be receiving wages and remuneration
   98  from other employment with another employer and regardless of
   99  his or her future wage-earning capacity. This subsection expires
  100  July 1, 2012.
  101         Section 6. Section 445.06, Florida Statutes, is repealed.
  102         Section 7. Subsection (4) of section 1003.4285, Florida
  103  Statutes, is amended to read:
  104         1003.4285 Standard high school diploma designations.—Each
  105  standard high school diploma shall include, as applicable:
  106         (4) A designation reflecting a Florida Ready to Work
  107  Credential in accordance with s. 445.06.
  108         Section 8. The Legislature recognizes that there is a need
  109  to conform the Florida Statutes to the policy decisions
  110  reflected in this act. Therefore, the Department of Economic
  111  Opportunity is directed to prepare draft legislation to conform
  112  the Florida Statutes to the provisions of this act. The
  113  department shall submit the draft legislation to the Governor,
  114  the President of the Senate, and the Speaker of the House of
  115  Representatives on or before October 1, 2012.
  116         Section 9. Paragraph (d) of subsection (6) of section
  117  212.20, Florida Statutes, is amended to read:
  118         212.20 Funds collected, disposition; additional powers of
  119  department; operational expense; refund of taxes adjudicated
  120  unconstitutionally collected.—
  121         (6) Distribution of all proceeds under this chapter and s.
  122  202.18(1)(b) and (2)(b) shall be as follows:
  123         (d) The proceeds of all other taxes and fees imposed
  124  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  125  and (2)(b) shall be distributed as follows:
  126         1. In any fiscal year, the greater of $500 million, minus
  127  an amount equal to 4.6 percent of the proceeds of the taxes
  128  collected pursuant to chapter 201, or 5.2 percent of all other
  129  taxes and fees imposed pursuant to this chapter or remitted
  130  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  131  monthly installments into the General Revenue Fund.
  132         2. After the distribution under subparagraph 1., 8.814
  133  percent of the amount remitted by a sales tax dealer located
  134  within a participating county pursuant to s. 218.61 shall be
  135  transferred into the Local Government Half-cent Sales Tax
  136  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  137  transferred shall be reduced by 0.1 percent, and the department
  138  shall distribute this amount to the Public Employees Relations
  139  Commission Trust Fund less $5,000 each month, which shall be
  140  added to the amount calculated in subparagraph 3. and
  141  distributed accordingly.
  142         3. After the distribution under subparagraphs 1. and 2.,
  143  0.095 percent shall be transferred to the Local Government Half
  144  cent Sales Tax Clearing Trust Fund and distributed pursuant to
  145  s. 218.65.
  146         4. After the distributions under subparagraphs 1., 2., and
  147  3., 2.0440 percent of the available proceeds shall be
  148  transferred monthly to the Revenue Sharing Trust Fund for
  149  Counties pursuant to s. 218.215.
  150         5. After the distributions under subparagraphs 1., 2., and
  151  3., 1.3409 percent of the available proceeds shall be
  152  transferred monthly to the Revenue Sharing Trust Fund for
  153  Municipalities pursuant to s. 218.215. If the total revenue to
  154  be distributed pursuant to this subparagraph is at least as
  155  great as the amount due from the Revenue Sharing Trust Fund for
  156  Municipalities and the former Municipal Financial Assistance
  157  Trust Fund in state fiscal year 1999-2000, no municipality shall
  158  receive less than the amount due from the Revenue Sharing Trust
  159  Fund for Municipalities and the former Municipal Financial
  160  Assistance Trust Fund in state fiscal year 1999-2000. If the
  161  total proceeds to be distributed are less than the amount
  162  received in combination from the Revenue Sharing Trust Fund for
  163  Municipalities and the former Municipal Financial Assistance
  164  Trust Fund in state fiscal year 1999-2000, each municipality
  165  shall receive an amount proportionate to the amount it was due
  166  in state fiscal year 1999-2000.
  167         6. Of the remaining proceeds:
  168         a. In each fiscal year, the sum of $29,915,500 shall be
  169  divided into as many equal parts as there are counties in the
  170  state, and one part shall be distributed to each county. The
  171  distribution among the several counties must begin each fiscal
  172  year on or before January 5th and continue monthly for a total
  173  of 4 months. If a local or special law required that any moneys
  174  accruing to a county in fiscal year 1999-2000 under the then
  175  existing provisions of s. 550.135 be paid directly to the
  176  district school board, special district, or a municipal
  177  government, such payment must continue until the local or
  178  special law is amended or repealed. The state covenants with
  179  holders of bonds or other instruments of indebtedness issued by
  180  local governments, special districts, or district school boards
  181  before July 1, 2000, that it is not the intent of this
  182  subparagraph to adversely affect the rights of those holders or
  183  relieve local governments, special districts, or district school
  184  boards of the duty to meet their obligations as a result of
  185  previous pledges or assignments or trusts entered into which
  186  obligated funds received from the distribution to county
  187  governments under then-existing s. 550.135. This distribution
  188  specifically is in lieu of funds distributed under s. 550.135
  189  before July 1, 2000.
  190         b. The department shall distribute $166,667 monthly
  191  pursuant to s. 288.1162 to each applicant certified as a
  192  facility for a new or retained professional sports franchise
  193  pursuant to s. 288.1162. Up to $41,667 shall be distributed
  194  monthly by the department to each certified applicant as defined
  195  in s. 288.11621 for a facility for a spring training franchise.
  196  However, not more than $416,670 may be distributed monthly in
  197  the aggregate to all certified applicants for facilities for
  198  spring training franchises. Distributions begin 60 days after
  199  such certification and continue for not more than 30 years,
  200  except as otherwise provided in s. 288.11621. A certified
  201  applicant identified in this sub-subparagraph may not receive
  202  more in distributions than expended by the applicant for the
  203  public purposes provided for in s. 288.1162(5) or s.
  204  288.11621(3).
  205         c. Beginning 30 days after notice by the Department of
  206  Economic Opportunity to the Department of Revenue that an
  207  applicant has been certified as the professional golf hall of
  208  fame pursuant to s. 288.1168 and is open to the public, $166,667
  209  shall be distributed monthly, for up to 300 months, to the
  210  applicant.
  211         d. Beginning 30 days after notice by the Department of
  212  Economic Opportunity to the Department of Revenue that the
  213  applicant has been certified as the International Game Fish
  214  Association World Center facility pursuant to s. 288.1169, and
  215  the facility is open to the public, $83,333 shall be distributed
  216  monthly, for up to 168 months, to the applicant. This
  217  distribution is subject to reduction pursuant to s. 288.1169. A
  218  lump sum payment of $999,996 shall be made, after certification
  219  and before July 1, 2000.
  220         e. Beginning 30 days after notice by the Department of
  221  Economic Opportunity to the Department of Revenue that the
  222  Department of Economic Opportunity has approved a plan developed
  223  by the Florida Institute of Technology for establishing a space
  224  exploration research institute, the department must distribute
  225  $416,666 monthly to the Florida Institute of Technology for the
  226  purpose of operating a space exploration research institute.
  227  This amount represents sales and use taxes generated by visitor
  228  activity at the Kennedy Space Center and the Cape Canaveral Air
  229  Force Station. The Florida Institute of Technology shall develop
  230  a plan for the space exploration research institute in
  231  conjunction with Space Florida.
  232         7. All other proceeds must remain in the General Revenue
  233  Fund.
  234         Section 10. If the governing body of a local governmental
  235  entity existing as an independent special district that provides
  236  water, wastewater, and sanitation services in a county having a
  237  population of fewer than 600,000 determines that a new user or
  238  the expansion of an existing user of one or more of its utility
  239  systems will provide a significant benefit to the community in
  240  terms of increased job opportunities, economies of scale, or
  241  economic development in the area, the governing body may
  242  authorize a reduction of its rates, fees, or charges for that
  243  user for a specified period of time. A governing body that
  244  exercises this power must do so by resolution that states the
  245  anticipated economic benefit justifying the reduction as well as
  246  the period of time that the reduction remains in place.
  247         Section 11. Except as otherwise expressly provided in this
  248  act, this act shall take effect July 1, 2012.