Bill Amendment: FL H7023 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Economic Development
Status: 2014-06-20 - Chapter No. 2014-218 [H7023 Detail]
Download: Florida-2014-H7023-Senate_Floor_Amendment_Delete_All_724504.html
Bill Title: Economic Development
Status: 2014-06-20 - Chapter No. 2014-218 [H7023 Detail]
Download: Florida-2014-H7023-Senate_Floor_Amendment_Delete_All_724504.html
Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS/HB 7023, 1st Eng. Ì724504ÃÎ724504 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 05/01/2014 03:17 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Detert moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (1) of section 163.3202, Florida 6 Statutes, is amended to read: 7 163.3202 Land development regulations.— 8 (1) Within 1 year after submission of its comprehensive 9 plan or revised comprehensive plan for review pursuant to s. 10 163.3191s. 163.3167(2), each county and each municipality shall 11 adopt or amend and enforce land development regulations that are 12 consistent with and implement their adopted comprehensive plan. 13 Section 2. Subsection (12) is added to section 212.098, 14 Florida Statutes, to read: 15 212.098 Rural Job Tax Credit Program.— 16 (12) A new or existing eligible business that receives a 17 tax credit under subsection (2) or subsection (3) is eligible 18 for a tax refund of up to 50 percent of the amount of sales tax 19 on purchases of electricity paid by the business during the 1 20 year period after the date the credit is received. The total 21 amount of tax refunds approved pursuant to this subsection may 22 not exceed $600,000 during any calendar year. The department may 23 adopt rules to administer this subsection. 24 Section 3. Paragraph (a) of subsection (2) of section 25 288.0001, Florida Statutes, is amended to read: 26 288.0001 Economic Development Programs Evaluation.—The 27 Office of Economic and Demographic Research and the Office of 28 Program Policy Analysis and Government Accountability (OPPAGA) 29 shall develop and present to the Governor, the President of the 30 Senate, the Speaker of the House of Representatives, and the 31 chairs of the legislative appropriations committees the Economic 32 Development Programs Evaluation. 33 (2) The Office of Economic and Demographic Research and 34 OPPAGA shall provide a detailed analysis of economic development 35 programs as provided in the following schedule: 36 (a) By January 1, 2014, and every 3 years thereafter, an 37 analysis of the following: 38 1. The capital investment tax credit established under s. 39 220.191. 40 2. The qualified target industry tax refund established 41 under s. 288.106. 42 3. The brownfield redevelopment bonus refund established 43 under s. 288.107. 44 4. High-impact business performance grants established 45 under s. 288.108. 46 5. The Quick Action Closing Fund established under s. 47 288.1088. 48 6. The Innovation Incentive Program established under s. 49 288.1089. 50 7. Enterprise Zone Program incentives established under ss. 51 212.08(5) and (15), 212.096, 220.181, and 220.182. 52 8. The New Markets Development Program established under 53 ss. 288.991-288.9922. 54 Section 4. Subsections (5) and (6) are added to section 55 288.005, Florida Statutes, to read: 56 288.005 Definitions.—As used in this chapter, the term: 57 (5) “Loan administrator” means an entity statutorily 58 eligible to receive state funds and authorized by the department 59 to make loans under a loan program. 60 (6) “Loan program” means a program established in this 61 chapter to provide appropriated funds to an eligible entity to 62 further a specific state purpose for a limited period of time 63 and with a requirement that such appropriated funds be repaid to 64 the state. The term includes a “loan fund” or “loan pilot 65 program” administered by the department under this chapter. 66 Section 5. Section 288.006, Florida Statutes, is created to 67 read: 68 288.006 General operation of loan programs.— 69 (1) The Legislature intends to promote the goals of 70 accountability and proper stewardship by recipients of loan 71 program funds. This section applies to all loan programs 72 established under this chapter. 73 (2) State funds appropriated for a loan program may be used 74 only by an eligible recipient or loan administrator, and the use 75 of such funds is restricted to the specific state purpose of the 76 loan program, subject to any compensation due to a loan 77 administrator as provided under this chapter. State funds may be 78 awarded directly by the department to an eligible recipient or 79 awarded by the department to a loan administrator. All state 80 funds, including any interest earned, remain state funds unless 81 otherwise stated in the statutory requirements of the loan 82 program. 83 (3)(a) Upon termination of a loan program by the 84 Legislature or by statute, all appropriated funds shall revert 85 to the General Revenue Fund. The department shall pay the entity 86 for any allowable administrative expenses due to the loan 87 administrator as provided under this chapter, unless otherwise 88 required by law. 89 (b) Upon termination of a contract between the department 90 and an eligible recipient or loan administrator, all remaining 91 appropriated funds shall revert to the fund from which the 92 appropriation was made. The department shall become the 93 successor entity for any outstanding loans. Except in the case 94 of the termination of a contract for fraud or a finding that the 95 loan administrator was not meeting the terms of the program, the 96 department shall pay the entity for any allowable administrative 97 expenses due to the loan administrator as provided under this 98 chapter. 99 (c) The eligible recipient or loan administrator to which 100 this subsection applies shall execute all appropriate 101 instruments to reconcile any remaining accounts associated with 102 a terminated loan program or contract. The entity shall execute 103 all appropriate instruments to ensure that the department is 104 authorized to collect all receivables for outstanding loans, 105 including, but not limited to, assignments of promissory notes 106 and mortgages. 107 (4) An eligible recipient or loan administrator must avoid 108 any potential conflict of interest regarding the use of 109 appropriated funds for a loan program. An eligible recipient or 110 loan administrator or a board member, employee, or agent 111 thereof, or an immediate family member of a board member, 112 employee, or agent, may not have a financial interest in an 113 entity that is awarded a loan under a loan program. A loan may 114 not be made to a person or entity if a conflict of interest 115 exists between the parties involved. As used in this subsection, 116 the term “immediate family” means a parent, spouse, child, 117 sibling, grandparent, or grandchild related by blood or 118 marriage. 119 (5) In determining eligibility for an entity applying for 120 the award of funds directly by the department or applying for 121 selection as a loan administrator for a loan program, the 122 department shall evaluate each applicant’s business practices, 123 financial stability, and past performance in other state 124 programs, in addition to the loan program’s statutory 125 requirements. Eligibility of an entity applying to be a 126 recipient or loan administrator may be conditionally granted or 127 denied outright if the department determines that the entity is 128 noncompliant with any law, rule, or program requirement. 129 (6) Recurring use of state funds, including revolving loans 130 or new negotiable instruments, which have been repaid to the 131 loan administrator may be made if the loan program’s statutory 132 structure permits. However, any use of state funds made by a 133 loan administrator remains subject to subsections (2) and (3), 134 and compensation to a loan administrator may not exceed any 135 limitation provided by this chapter. 136 (7) The Auditor General may conduct audits as provided in 137 s. 11.45 to verify that the appropriations under each loan 138 program are expended by the eligible recipient or loan 139 administrator as required for each program. If the Auditor 140 General determines that the appropriations are not expended as 141 required, the Auditor General shall notify the department, which 142 may pursue recovery of the funds. This section does not prevent 143 the department from pursuing recovery of the appropriated loan 144 program funds when necessary to protect the funds or when 145 authorized by law. 146 (8) The department may adopt rules under ss. 120.536(1) and 147 120.54 as necessary to carry out this section. 148 Section 6. Paragraph (b) of subsection (3) of section 149 288.061, Florida Statutes, is amended to read: 150 288.061 Economic development incentive application 151 process.— 152 (3) Within 10 business days after the department receives 153 the submitted economic development incentive application, the 154 executive director shall approve or disapprove the application 155 and issue a letter of certification to the applicant which 156 includes a justification of that decision, unless the business 157 requests an extension of that time. 158 (b) The release of funds for the incentive or incentives 159 awarded to the applicant depends upon the statutory requirements 160 of the particular incentive program, except as provided in161subsection (4). 162 Section 7. Subsection (6) of section 288.8013, Florida 163 Statutes, is amended to read: 164 288.8013 Triumph Gulf Coast, Inc.; Recovery Fund; creation; 165 investment.— 166 (6) The Auditor General shall conduct an operational audit 167 of the Recovery Fund and Triumph Gulf Coast, Inc., annually. 168 Triumph Gulf Coast, Inc., shall provide to the Auditor General 169 any detail or supplemental data required. 170 Section 8. Subsection (3) and paragraph (a) of subsection 171 (9) of section 288.8014, Florida Statutes, are amended to read: 172 288.8014 Triumph Gulf Coast, Inc.; organization; board of 173 directors.— 174 (3) Notwithstanding s. 20.052(4)(c), each initial 175 appointment to the board of directors by the Board of Trustees 176 of the State Board of Administration shall serve for a term that 177 ends 4 years after the Legislature appropriates funds to the 178 Recovery Fund. To achieve staggered terms among the members of 179 the board, each initial appointment to the board of directors by 180 the President of the Senate and the Speaker of the House of 181 Representatives shall serve for a term that ends 5 years after 182 the Legislature appropriates funds to the Recovery Fund. 183 Thereafter, each member of the board of directors shall serve 184 for a term of 4 years, except that initially the appointments of185the President of the Senate and the Speaker of the House of186Representatives each shall serve a term of 2 years to achieve187staggered terms among the members of the board. A member is not 188 eligible for reappointment to the board, except, however, any 189 member appointed to fill a vacancy for a term of 2 years or less 190 may be reappointed for an additional term of 4 years. The 191 initial appointments to the board must be made by November 15, 192 2013. Vacancies on the board of directors shall be filled by the 193 officer who originally appointed the member. A vacancy that 194 occurs before the scheduled expiration of the term of the member 195 shall be filled for the remainder of the unexpired term. 196 (9)(a) Triumph Gulf Coast, Inc., is permitted to hire or 197 contract for all staff necessary to the proper execution of its 198 powers and duties to implement this act. The corporation is 199 required to retain: 200 1. An independent certified public accountant licensed in 201 this state pursuant to chapter 473 to inspect the records of and 202 to annually audit the expenditure of the earnings and available 203 principal disbursed by Triumph Gulf Coast, Inc. 204 2. An independent financial advisor to assist Triumph Gulf 205 Coast, Inc., in the development and implementation of a 206 strategic plan consistent with the requirements of this act. 207 3. An economic advisor who will assist in the award 208 process, including the development of priorities, allocation 209 decisions, and the application and process; will assist the 210 board in determining eligibility of award applications and the 211 evaluation and scoring of applications; and will assist in the 212 development of award documentation. 213 4. A legal advisor with expertise in not-for-profit 214 investing and contracting and who is a member of The Florida Bar 215 to assist with contracting and carrying out the intent of this 216 act. 217 Section 9. Subsection (7) of section 288.987, Florida 218 Statutes, is amended to read: 219 288.987 Florida Defense Support Task Force.— 220 (7) The department shall contract with the task force for 221 expenditure of appropriated funds, which may be used by the task 222 force for economic and product research and development, joint 223 planning with host communities to accommodate military missions 224 and prevent base encroachment, advocacy on the state’s behalf 225 with federal civilian and military officials, assistance to 226 school districts in providing a smooth transition for large 227 numbers of additional military-related students, job training 228 and placement for military spouses in communities with high 229 proportions of active duty military personnel, and promotion of 230 the state to military and related contractors and employers. The 231 task force may annually spend up to $250,000$200,000of funds 232 appropriated to the department for the task force for staffing 233 and administrative expenses of the task force, including travel 234 and per diem costs incurred by task force members who are not 235 otherwise eligible for state reimbursement. 236 Section 10. Section 290.0411, Florida Statutes, is amended 237 to read: 238 290.0411 Legislative intent and purpose of ss. 290.0401 239 290.048.—It is the intent of the Legislature to provide the 240 necessary means to develop, preserve, redevelop, and revitalize 241 Florida communities exhibiting signs of decline,ordistress, or 242 economic need by enabling local governments to undertake the 243 necessary community and economic development programs. The 244 overall objective is to create viable communities by eliminating 245 slum and blight, fortifying communities in urgent need, 246 providing decent housing and suitable living environments, and 247 expanding economic opportunities, principally for persons of low 248 or moderate income. The purpose of ss. 290.0401-290.048 is to 249 assist local governments in carrying out effective community and 250 economic development and project planning and design activities 251 to arrest and reverse community decline and restore community 252 vitality. Community and economic development and project 253 planning activities to maintain viable communities, revitalize 254 existing communities, expand economic development and employment 255 opportunities, and improve housing conditions and expand housing 256 opportunities, providing direct benefit to persons of low or 257 moderate income, are the primary purposes of ss. 290.0401 258 290.048. The Legislature, therefore, declares that the 259 development, redevelopment, preservation, and revitalization of 260 communities in this state and all the purposes of ss. 290.0401 261 290.048 are public purposes for which public money may be 262 borrowed, expended, loaned, pledged to guarantee loans, and 263 granted. 264 Section 11. Section 290.044, Florida Statutes, is amended 265 to read: 266 290.044 Florida Small Cities Community Development Block 267 Grant Program Fund; administration; distribution.— 268 (1) The Florida Small Cities Community Development Block 269 Grant Program Fund is created. All revenue designated for 270 deposit in such fund shall be deposited by the appropriate 271 agency. The department shall administer this fund as a grant and 272 loan guarantee program for carrying out the purposes of ss. 273 290.0401-290.048. 274 (2) The department shall distribute such funds as loan 275 guarantees and grants to eligible local governments on the basis 276 of a competitive selection process established by rule. 277 (3) The department shall require applicants for grants to 278 compete against each other in the following grant program 279 categories: 280 (a) Housing rehabilitation. 281 (b) Economic development. 282 (c) Neighborhood revitalization. 283 (d) Commercial revitalization. 284 (4)(3)The department shall definethebroad community 285 development objectivesobjectiveto be achieved by the 286 activities in each of thefollowinggrant program categories 287 with the use of funds from the Florida Small Cities Community 288 Development Block Grant Program Fund. Such objectives shall be 289 designed to meet at least one of the national objectives 290 provided in the Housing and Community Development Act of 1974,291and require applicants for grants to compete against each other292in these grant program categories:293(a) Housing.294(b) Economic development.295(c) Neighborhood revitalization.296(d) Commercial revitalization.297(e) Project planning and design. 298 (5)(4)The department may set aside an amount of up to 5 299 percent of the funds annually for use in any eligible local 300 government jurisdiction for which an emergency or natural 301 disaster has been declared by executive order. Such funds may 302 only be provided to a local government to fund eligible 303 emergency-related activities for which no other source of 304 federal, state, or local disaster funds is available. The 305 department may provide for such set-aside by rule. In the last 306 quarter of the state fiscal year, any funds not allocated under 307 the emergency-related set-aside shall be distributed to unfunded 308 applications from the most recent funding cycle. 309 (6)(5)The department shall establish a system of 310 monitoring grants, including site visits, to ensure the proper 311 expenditure of funds and compliance with the conditions of the 312 recipient’s contract. The department shall establish criteria 313 for implementation of internal control, to include, but not be 314 limited to, the following measures: 315 (a) Ensuring that subrecipient audits performed by a 316 certified public accountant are received and responded to in a 317 timely manner. 318 (b) Establishing a uniform system of monitoring that 319 documents appropriate followup as needed. 320 (c) Providing specific justification for contract 321 amendments that takes into account any change in contracted 322 activities and the resultant cost adjustments which shall be 323 reflected in the amount of the grant. 324 Section 12. Section 290.046, Florida Statutes, is amended 325 to read: 326 290.046 Applications for grants; procedures; requirements.— 327 (1) In applying for a grant under a specific program 328 category, an applicant shall propose eligible activities that 329 directly address the objectivesobjectiveof that program 330 category. 331 (2)(a) Except for applications for economic development 332 grants as provided in subparagraph (b)1.paragraph (c), aneach333 eligible local government may submit oneanapplication for a 334 grantunder either the housing program category or the335neighborhood revitalization program categoryduring each 336 applicationannual fundingcycle.An applicant may not receive337more than one grant in any state fiscal year from any of the338following categories: housing, neighborhood revitalization, or339commercial revitalization.340 (b)1. AnExcept as provided in paragraph (c), eacheligible 341 local government may apply up to three times in any one annual 342 funding cycle for an economic developmentagrantunder the343economic development program categorybut may notshallreceive 344nomore than one such grant per annual funding cycle. A local 345 government may have more than one open economic development 346 grantApplications for grants under the economic development347program category may be submitted at any time during the annual348funding cycle, and such grants shall be awarded no less349frequently than three times per funding cycle. 350 2. The department shall establish minimum criteria 351 pertaining to the number of jobs created for persons of low or 352 moderate income, the degree of private sector financial 353 commitment, and the economic feasibility of the proposed project 354 and shall establish any other criteria the department deems 355 appropriate. Assistance to a private, for-profit business may 356 not be provided from a grant award unless sufficient evidence 357 exists to demonstrate that without such public assistance the 358 creation or retention of such jobs would not occur. 359 (c)1. A local governmentgovernmentswith an open housing 360 rehabilitation, neighborhood revitalization, or commercial 361 revitalization contract isshallnotbeeligible to apply for 362 another housing rehabilitation, neighborhood revitalization, or 363 commercial revitalization grant until administrative closeout of 364 itstheirexisting contract. The department shall notify a local 365 government of administrative closeout or of any outstanding 366 closeout issues within 45 days afterofreceipt of a closeout 367 package from the local government. A local government 368governmentswith an open housing rehabilitation, neighborhood 369 revitalization, or commercial revitalization community 370 development block grant contract whose activities are on 371 schedule in accordance with the expenditure rates and 372 accomplishments described in the contract may apply for an 373 economic development grant. 374 2. A local governmentgovernmentswith an open economic 375 development community development block grant contract whose 376 activities are on schedule in accordance with the expenditure 377 rates and accomplishments described in the contract may apply 378 for a housing rehabilitation,orneighborhood revitalization, or 379and acommercial revitalization community development block 380 grant. A local governmentgovernmentswith an open economic 381 development contract whose activities are on schedule in 382 accordance with the expenditure rates and accomplishments 383 described in the contract may receive no more than one 384 additional economic development grant in each fiscal year. 385 (d)Beginning October 1, 1988,The department may notshall386 award anogrant until itthe departmenthas conducted 387determined, based upona site visit to verify the information 388 contained in the local government’s application, that the389proposed area matches and adheres to the written description390contained within the applicant’s request. If, based upon review391of the application or a site visit, the department determines392that any information provided in the application which affects393eligibility or scoring has been misrepresented, the applicant’s394request shall be rejected by the department pursuant to s.395290.0475(7). Mathematical errors in applications which may be396discovered and corrected by readily computing available numbers397or formulas provided in the application shall not be a basis for398such rejection. 399 (3)(a) The department shall rank each application received 400 during the application cycle according to criteria established 401 by rule. The ranking system shall include a procedure to 402 eliminate or reduce any population-related bias that places 403 exceptionally small communities at a disadvantage in the 404 competition for fundsEach application shall be ranked405competitively based on community need and program impact.406Community need shall be weighted 25 percent. Program impact407shall be weighted 65 percent. Outstanding performance in equal408opportunity employment and housing shall be weighted 10 percent. 409 (b) Funds shall be distributed according to the rankings 410 established in each application cycle. If economic development 411 funds remain available after the application cycle closes, the 412 remaining funds shall be awarded to eligible projects on a 413 first-come, first-served basis until such funds are fully 414 obligatedThe criteria used to measure community need shall415include, at a minimum, indicators of the extent of poverty in416the community and the condition of physical structures. Each417application, regardless of the program category for which it is418being submitted, shall be scored competitively on the same419community need criteria. In recognition of the benefits420resulting from the receipt of grant funds, the department shall421provide for the reduction of community need scores for specified422increments of grant funds provided to a local government since423the state began using the most recent census data. In the year424in which new census data are first used, no such reduction shall425occur. 426 (c) The application’s program impact score, equal 427 employment opportunity and fair housing score, and communitywide 428 needs score may take into consideration scoring factors, 429 including, but not limited to, unemployment, poverty levels, 430 low-income and moderate-income populations, benefits to low 431 income and moderate-income residents, use of minority-owned and 432 woman-owned business enterprises in previous grants, health and 433 safety issues, and the condition of physical structuresThe434criteria used to measure the impact of an applicant’s proposed435activities shall include, at a minimum, indicators of the direct436benefit received by persons of low income and persons of437moderate income, the extent to which the problem identified is438addressed by the proposed activities, and the extent to which439resources other than the funds being applied for under this440program are being used to carry out the proposed activities. 441(d) Applications shall be scored competitively on program442impact criteria that are uniquely tailored to the community443development objective established in each program category. The444criteria used to measure the direct benefit to persons of low445income and persons of moderate income shall represent no less446than 42 percent of the points assigned to the program impact447factor. For the housing and neighborhood revitalization448categories, the department shall also include the following449criteria in the scoring of applications:4501. The proportion of very-low-income and low-income451households served.4522. The degree to which improvements are related to the453health and safety of the households served.454(4) An applicant for a neighborhood revitalization or455commercial revitalization grant shall demonstrate that its456activities are to be carried out in distinct service areas which457are characterized by the existence of slums or blighted458conditions, or by the concentration of persons of low or459moderate income.460 (4)(5)In order to provide citizens with information 461 concerning an applicant’s proposed project, the applicant shall 462 make available to the public information concerning the amounts 463 of funds available for various activities and the range of 464 activities that may be undertaken. In addition, the applicant 465 shall hold a minimum of two public hearings in the local 466 jurisdiction within which the project is to be implemented to 467 obtain the views of citizens before submitting the final 468 application to the department. The applicant shall conduct the 469 initial hearing to solicit public input concerning community 470 needs, inform the public about funding opportunities available 471 to address community needs, and discuss activities that may be 472 undertaken. Before a second public hearing is held, the 473 applicant must publish a summary of the proposed application 474 that provides citizens with an opportunity to examine the 475 contents of the application and to submit comments. The 476 applicant shall conduct a second hearing to obtain comments from 477 citizens concerning the proposed application and to modify the 478 proposed application if appropriateprogram before an479application is submitted to the department, the applicant shall:480(a) Make available to the public information concerning the481amounts of funds available for various activities and the range482of activities that may be undertaken. 483(b) Hold at least one public hearing to obtain the views of484citizens on community development needs.485(c) Develop and publish a summary of the proposed486application that will provide citizens with an opportunity to487examine its contents and submit their comments.488(d) Consider any comments and views expressed by citizens489on the proposed application and, if appropriate, modify the490proposed application.491(e) Hold at least one public hearing in the jurisdiction492within which the project is to be implemented to obtain the493views of citizens on the final application prior to its494submission to the department.495 (5)(6)The local government mayshallestablish a citizen 496 advisory task force composed of citizens in the jurisdiction in 497 which the proposed project is to be implemented to provide input 498 relative to all phases of the project process.The local499government must obtain consent from the department for any other500type of citizen participation plan upon a showing that such plan501is better suited to secure citizen participation for that502locality.503 (6)(7)The department shall, beforeprior toapproving an 504 application for a grant, determine that the applicant has the 505 administrative capacity to carry out the proposed activities and 506 has performed satisfactorily in carrying out past activities 507 funded by community development block grants. The evaluation of 508 past performance shall take into account procedural aspects of 509 previous grants as well as substantive results. If the 510 department determines that any applicant has failed to 511 accomplish substantially the results it proposed in its last 512 previously funded application, it may prohibit the applicant 513 from receiving a grant or may penalize the applicant in the 514 rating of the current application. AnNoapplication for grant 515 funds may not be denied solely upon the basis of the past 516 performance of the eligible applicant. 517 Section 13. Subsections (3) and (6) of section 290.047, 518 Florida Statutes, are amended to read: 519 290.047 Establishment of grant ceilings and maximum 520 administrative cost percentages; elimination of population bias; 521 loans in default.— 522 (3) The maximum percentage of block grant funds that can be 523 spent on administrative costs by an eligible local government 524 shall be 15 percent for the housing rehabilitation program 525 category, 8 percent for both the neighborhood and the commercial 526 revitalization program categories, and 8 percent for the 527 economic development program category. The maximum amount of 528 block grant funds that may be spent on administrative costs by 529 an eligible local government for the economic development 530 program category is $120,000. The purpose of the ceiling is to 531 maximize the amount of block grant funds actually going toward 532 the redevelopment of the area. The department will continue to 533 encourage eligible local governments to consider ways to limit 534 the amount of block grant funds used for administrative costs, 535 consistent with the need for prudent management and 536 accountability in the use of public funds. However, this 537 subsection doesshallnotbe construed, however, toprohibit 538 eligible local governments from contributing their own funds or 539 making in-kind contributions to cover administrative costs which 540 exceed the prescribed ceilings, provided that all such 541 contributions come from local government resources other than 542 Community Development Block Grant funds. 543 (6) The maximum amountpercentageof block grant funds that 544 may be spent on engineering and architectural costs by an 545 eligible local government shall be determined in accordance with 546 a methodscheduleadopted by the department by rule. Any such 547 methodscheduleso adopted shall be consistent with the schedule 548 used by the United States Farmer’s Home Administration as 549 applied to projects in Florida or another comparable schedule as 550 amended. 551 Section 14. Section 290.0475, Florida Statutes, is amended 552 to read: 553 290.0475 Rejection of grant applications; penalties for 554 failure to meet application conditions.—Applications are 555 ineligiblereceivedfor funding ifunder all program categories556shall be rejected without scoring only in the event thatany of 557 the following circumstances arise: 558 (1) The application is not received by the department by 559 the application deadline;.560 (2) The proposed project does not meet one of the three 561 national objectives as contained in federal and state 562 legislation;.563 (3) The proposed project is not an eligible activity as 564 contained in the federal legislation;.565 (4) The application is not consistent with the local 566 government’s comprehensive plan adopted pursuant to s. 567 163.3184;.568 (5) The applicant has an open community development block 569 grant, except as provided in s. 290.046(2)(b) and (c) and 570 department rules;290.046(2)(c).571 (6) The local government is not in compliance with the 572 citizen participation requirements prescribed in ss. 104(a)(1) 573 and (2) and 106(d)(5)(c) of Title I of the Housing and Community 574 Development Act of 1974, s. 290.046(4),1984and department 575 rules; or.576 (7) Any information provided in the application that 577 affects eligibility or scoring is found to have been 578 misrepresented, and the information is not a mathematical error 579 which may be discovered and corrected by readily computing 580 available numbers or formulas provided in the application. 581 Section 15. Subsection (5) of section 290.048, Florida 582 Statutes, is amended to read: 583 290.048 General powers of department under ss. 290.0401 584 290.048.—The department has all the powers necessary or 585 appropriate to carry out the purposes and provisions of the 586 program, including the power to: 587(5) Adopt and enforce strict requirements concerning an588applicant’s written description of a service area. Each such589description shall contain maps which illustrate the location of590the proposed service area. All such maps must be clearly legible591and must:592(a) Contain a scale which is clearly marked on the map.593(b) Show the boundaries of the locality.594(c) Show the boundaries of the service area where the595activities will be concentrated.596(d) Display the location of all proposed area activities.597(e) Include the names of streets, route numbers, or easily598identifiable landmarks where all service activities are located.599 Section 16. Subsections (5) and (8) of section 331.3051, 600 Florida Statutes, are amended to read: 601 331.3051 Duties of Space Florida.—Space Florida shall: 602 (5) Consult with the Florida Tourism Industry Marketing 603 CorporationEnterprise Florida, Inc.,in developing a space 604 tourism marketing plan. Space Florida and the Florida Tourism 605 Industry Marketing CorporationEnterprise Florida, Inc.,may 606 enter into a mutually beneficial agreement that provides funding 607 to the corporationEnterprise Florida, Inc.,for its services to 608 implement this subsection. 609 (8) Carry out its responsibility for research and 610 development by: 611 (a) Contracting for the operations of the state’s Space 612 Life Sciences Laboratory. 613 (b) Working in collaboration with one or more public or 614 private universities and other public or private entities to 615develop a proposal for a Center of Excellence for Aerospace that616willfoster and promote the research necessary to develop 617 commercially promising, advanced, and innovative science and 618 technology andwilltransfer those discoveries to the commercial 619 sector. This may include developing a proposal to establish a 620 Center of Excellence for Aerospace. 621 (c) Supporting universities in this state that are members 622 of the Federal Aviation Administration’s Center of Excellence 623 for Commercial Space Transportation to assure a safe, 624 environmentally compatible, and efficient commercial space 625 transportation system in this state. 626 Section 17. Section 331.371, Florida Statutes, is created 627 to read: 628 331.371 Strategic space infrastructure investment.—In 629 consultation with Space Florida, the Department of 630 Transportation may fund strategic spaceport launch support 631 facilities investment projects, as defined in s. 331.303, at up 632 to 100 percent of the project’s cost if: 633 (1) Important access and on-spaceport and commercial launch 634 facility capacity improvements are provided; 635 (2) Capital improvements that strategically position the 636 state to maximize opportunities in international trade are 637 achieved; 638 (3) Goals of an integrated intermodal transportation system 639 for the state are achieved; and 640 (4) Feasibility and availability of matching funds through 641 federal, local, or private partners are demonstrated. 642 Section 18. Subsection (26) of section 443.036, Florida 643 Statutes, is repealed. 644 Section 19. Paragraph (c) of subsection (1) of section 645 443.091, Florida Statutes, is amended to read: 646 443.091 Benefit eligibility conditions.— 647 (1) An unemployed individual is eligible to receive 648 benefits for any week only if the Department of Economic 649 Opportunity finds that: 650 (c) To make continued claims for benefits, she or he is 651 reporting to the department in accordance with this paragraph 652 and department rules, and participating in an initial skills653review, as directed by the department. Department rules may not 654 conflict with s. 443.111(1)(b), which requires that each 655 claimant continue to report regardless of any pending appeal 656 relating to her or his eligibility or disqualification for 657 benefits. 658 1. For each week of unemployment claimed, each report must, 659 at a minimum, include the name, address, and telephone number of 660 each prospective employer contacted, or the date the claimant 661 reported to a one-stop career center, pursuant to paragraph (d). 662 2. The department must offer an online assessment that 663 serves to identify an individual’s skills, abilities, and career 664 aptitude. The skills assessment must be voluntary, and the 665 department must allow a claimant to choose whether to take the 666 skills assessment. The online assessment shall be made available 667 to any person seeking services from a regional workforce board 668 or a one-stop career centerThe administrator or operator of the669initial skills review shall notify the department when the670individual completes the initial skills review and report the671results of the review to the regional workforce board or the672one-stop career center as directed by the workforce board.The673department shall prescribe a numeric score on the initial skills674review that demonstrates a minimal proficiency in workforce675skills.676 a. If the claimant chooses to take the online assessment, 677 the outcome of the assessment must be made available to the 678 claimant, regional workforce board, and one-stop career center. 679 The department, workforce board, or one-stop career center shall 680 use the assessmentinitial skills reviewto develop a plan for 681 referring individuals to training and employment opportunities. 682 Aggregate data on assessment outcomes may be made available to 683 Workforce Florida, Inc., and Enterprise Florida, Inc., for use 684 in the development of policies related to education and training 685 programs that will ensure that businesses in this state have 686 access to a skilled and competent workforceThe failure of the687individual to comply with this requirement will result in the688individual being determined ineligible for benefits for the week689in which the noncompliance occurred and for any subsequent week690of unemployment until the requirement is satisfied.However,691this requirement does not apply if the individual is exempt from692the work registration requirement as set forth in paragraph (b).693 b.3.IndividualsAny individual who falls below the minimal694proficiency score prescribed by the department in subparagraph6952. on the initial skills reviewshall be informed of and offered 696 services through the one-stop delivery system, including career 697 counseling, provision of skill match and job market information, 698 and skills upgrade and other training opportunities, and shall 699 be encouraged to participate in such servicestrainingat no 700 cost to the individualsindividual in order to improve his or701her workforce skills to the minimal proficiency level. 7024.The department shall coordinate with Workforce Florida, 703 Inc., the workforce boards, and the one-stop career centers to 704 identify, develop, and useutilizebest practices for improving 705 the skills of individuals who choose to participate in skills 706 upgrade and other training opportunities. The department may 707 contract with an entity to create the online assessment in 708 accordance with the competitive bidding requirements in s. 709 287.057. The online assessment must work seamlessly with the 710 Reemployment Assistance Claims and Benefits Information System 711and who have a minimal proficiency score below the score712prescribed in subparagraph 2. 7135. The department, in coordination with Workforce Florida,714Inc., the workforce boards, and the one-stop career centers,715shall evaluate the use, effectiveness, and costs associated with716the training prescribed in subparagraph 3. and report its717findings and recommendations for training and the use of best718practices to the Governor, the President of the Senate, and the719Speaker of the House of Representatives by January 1, 2013.720 Section 20. Subsections (1), (2), and (5) of section 721 443.1116, Florida Statutes, are amended to read: 722 443.1116 Short-time compensation.— 723 (1) DEFINITIONS.—As used in this section, the term: 724 (a) “Affected unit” means a specified plant, department, 725 shift, or other definable unit of two or more employees 726 designated by the employer to participate in a short-time 727 compensation plan. 728 (b) “Employer-sponsored training” means a training 729 component sponsored by an employer to improve the skills of the 730 employer’s workers. 731 (c)(b)“Normal weekly hours of work” means the number of 732 hours in a week that an individual would regularly work for the 733 short-time compensation employer, not to exceed 40 hours, 734 excluding overtime. 735 (d)(c)“Short-time compensation benefits” means benefits 736 payable to individuals in an affected unit under an approved 737 short-time compensation plan. 738 (e)(d)“Short-time compensation employer” means an employer 739 with a short-time compensation plan in effect. 740 (f)(e)“Short-time compensation plan” or “plan” means an 741 employer’s written plan for reducing unemployment under which an 742 affected unit shares the work remaining after its normal weekly 743 hours of work are reduced. 744 (2) APPROVAL OF SHORT-TIME COMPENSATION PLANS.—An employer 745 wishing to participate in the short-time compensation program 746 must submit a signed, written, short-time plan to the Department 747 of Economic Opportunity for approval. The director or his or her 748 designee shall approve the plan if: 749 (a) The plan applies to and identifies each specific 750 affected unit; 751 (b) The individuals in the affected unit are identified by 752 name and social security number; 753 (c) The normal weekly hours of work for individuals in the 754 affected unit are reduced by at least 10 percent and by not more 755 than 40 percent; 756 (d) The plan includes a certified statement by the employer 757 that the aggregate reduction in work hours is in lieu of 758temporarylayoffs that would affect at least 10 percent of the 759 employees in the affected unit and that would have resulted in 760 an equivalent reduction in work hours; 761 (e) The plan applies to at least 10 percent of the 762 employees in the affected unit; 763 (f) The plan is approved in writing by the collective 764 bargaining agent for each collective bargaining agreement 765 covering any individual in the affected unit; 766 (g) The plan does not serve as a subsidy to seasonal 767 employers during the off-season or as a subsidy to employers who 768 traditionally use part-time employees;and769 (h) The plan certifies that, if the employer provides 770 fringe benefits to any employee whose workweek is reduced under 771 the program, the fringe benefits will continue to be provided to 772 the employee participating in the short-time compensation 773 program under the same terms and conditions as though the 774 workweek of such employee had not been reduced or to the same 775 extent as other employees not participating in the short-time 776 compensation programthe manner in which the employer will treat777fringe benefits of the individuals in the affected unit if the778hours of the individuals are reduced to less than their normal779weekly hours of work. As used in this paragraph, the term 780 “fringe benefits” includes, but is not limited to, health 781 insurance, retirement benefits under defined benefit pension 782 plans as defined in subsection 35 of s. 1002 of the Employee 783 Retirement Income Security Act of 1974, 29 U.S.C., contributions 784 under a defined contribution plan as defined in s. 414(i) of the 785 Internal Revenue Code, paid vacation and holidays, and sick 786 leave;.787 (i) The plan describes the manner in which the requirements 788 of this subsection will be implemented, including a plan for 789 giving notice, if feasible, to an employee whose workweek is to 790 be reduced, together with an estimate of the number of layoffs 791 that would have occurred absent the ability to participate in 792 short-time compensation; and 793 (j) The terms of the employer’s written plan and 794 implementation are consistent with employer obligations under 795 applicable federal laws and laws of this state. 796 (5) ELIGIBILITY REQUIREMENTS FOR SHORT-TIME COMPENSATION 797 BENEFITS.— 798 (a) Except as provided in this subsection, an individual is 799 eligible to receive short-time compensation benefits for any 800 week only if she or he complies with this chapter and the 801 Department of Economic Opportunity finds that: 802 1. The individual is employed as a member of an affected 803 unit in an approved plan that was approved before the week and 804 is in effect for the week; 805 2. The individual is able to work and is available for 806 additional hours of work or for full-time work with the short 807 time employer; and 808 3. The normal weekly hours of work of the individual are 809 reduced by at least 10 percent but not by more than 40 percent, 810 with a corresponding reduction in wages. 811 (b) The department may not deny short-time compensation 812 benefits to an individual who is otherwise eligible for these 813 benefits for any week by reason of the application of any 814 provision of this chapter relating to availability for work, 815 active search for work, or refusal to apply for or accept work 816 from other than the short-time compensation employer of that 817 individual. 818 (c) The department may not deny short-time compensation 819 benefits to an individual who is otherwise eligible for these 820 benefits for any week because such individual is participating 821 in an employer-sponsored training or a training under the 822 Workforce Investment Act to improve job skills when the training 823 is approved by the department. 824 (d)(c)Notwithstanding any other provision of this chapter, 825 an individual is deemed unemployed in any week for which 826 compensation is payable to her or him, as an employee in an 827 affected unit, for less than her or his normal weekly hours of 828 work in accordance with an approved short-time compensation plan 829 in effect for the week. 830 Section 21. Paragraph (f) of subsection (1) of section 831 443.141, Florida Statutes, is amended to read: 832 443.141 Collection of contributions and reimbursements.— 833 (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT, 834 ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.— 835 (f) Payments for2012, 2013, and 2014contributions.—For an 836 annual administrative fee not to exceed $5, a contributing 837 employer may pay its quarterly contributions due for wages paid 838 in the first three quarters of each yearof 2012, 2013, and 2014839 in equal installments if those contributions are paid as 840 follows: 841 1. For contributions due for wages paid in the first 842 quarter of each year, one-fourth of the contributions due must 843 be paid on or before April 30, one-fourth must be paid on or 844 before July 31, one-fourth must be paid on or before October 31, 845 and one-fourth must be paid on or before December 31. 846 2. In addition to the payments specified in subparagraph 847 1., for contributions due for wages paid in the second quarter 848 of each year, one-third of the contributions due must be paid on 849 or before July 31, one-third must be paid on or before October 850 31, and one-third must be paid on or before December 31. 851 3. In addition to the payments specified in subparagraphs 852 1. and 2., for contributions due for wages paid in the third 853 quarter of each year, one-half of the contributions due must be 854 paid on or before October 31, and one-half must be paid on or 855 before December 31. 856 4. The annual administrative fee assessed for electing to 857 pay under the installment method shall be collected at the time 858 the employer makes the first installment payment each year. The 859 fee shall be segregated from the payment and deposited into the 860 Operating Trust Fund of the Department of Revenue. 861 5. Interest does not accrue on any contribution that 862 becomes due for wages paid in the first three quarters of each 863 year if the employer pays the contribution in accordance with 864 subparagraphs 1.-4. Interest and fees continue to accrue on 865 prior delinquent contributions and commence accruing on all 866 contributions due for wages paid in the first three quarters of 867 each year which are not paid in accordance with subparagraphs 868 1.-3. Penalties may be assessed in accordance with this chapter. 869 The contributions due for wages paid in the fourth quarterof8702012, 2013, and 2014are not affected by this paragraph and are 871 due and payable in accordance with this chapter. 872 Section 22. Paragraph (a) of subsection (2) of section 873 443.151, Florida Statutes, is amended to read: 874 443.151 Procedure concerning claims.— 875 (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF 876 CLAIMANTS AND EMPLOYERS.— 877 (a) In general.—Initial and continued claims for benefits 878 must be made by approved electronic or alternate means and in 879 accordance with rules adopted by the Department of Economic 880 Opportunity. The department shall provide alternative means, 881 such as by telephone, for filing initial and continued claims if 882 the department determines access to the approved electronic 883 means is or will be unavailable and also must provide public 884 notice of such unavailability. The department must notify 885 claimants and employers regarding monetary and nonmonetary 886 determinations of eligibility. Investigations of issues raised 887 in connection with a claimant which may affect a claimant’s 888 eligibility for benefits or charges to an employer’s employment 889 record shall be conducted by the department through written, 890 telephonic, or electronic means as prescribed by rule. 891 Section 23. Subsection (1) of section 125.271, Florida 892 Statutes, is amended to read: 893 125.271 Emergency medical services; county emergency 894 medical service assessments.— 895 (1) As used in this section, the term “county” means: 896 (a) A county that is within a rural area of opportunity 897critical economic concernas designated by the Governor pursuant 898 to s. 288.0656; 899 (b) A small county having a population of 75,000 or fewer 900 on the effective date of this act which has levied at least 10 901 mills of ad valorem tax for the previous fiscal year; or 902 (c) A county that adopted an ordinance authorizing the 903 imposition of an assessment for emergency medical services prior 904 to January 1, 2002. 905 906 Once a county has qualified under this subsection, it always 907 retains the qualification. 908 Section 24. Paragraphs (a), (b), and (e) of subsection (7) 909 of section 163.3177, Florida Statutes, are amended to read: 910 163.3177 Required and optional elements of comprehensive 911 plan; studies and surveys.— 912 (7)(a) The Legislature finds that: 913 1. There are a number of rural agricultural industrial 914 centers in the state that process, produce, or aid in the 915 production or distribution of a variety of agriculturally based 916 products, including, but not limited to, fruits, vegetables, 917 timber, and other crops, and juices, paper, and building 918 materials. Rural agricultural industrial centers have a 919 significant amount of existing associated infrastructure that is 920 used for processing, producing, or distributing agricultural 921 products. 922 2. Such rural agricultural industrial centers are often 923 located within or near communities in which the economy is 924 largely dependent upon agriculture and agriculturally based 925 products. The centers significantly enhance the economy of such 926 communities. However, these agriculturally based communities are 927 often socioeconomically challenged and designated as rural areas 928 of opportunitycritical economic concern. If such rural 929 agricultural industrial centers are lost and not replaced with 930 other job-creating enterprises, the agriculturally based 931 communities will lose a substantial amount of their economies. 932 3. The state has a compelling interest in preserving the 933 viability of agriculture and protecting rural agricultural 934 communities and the state from the economic upheaval that would 935 result from short-term or long-term adverse changes in the 936 agricultural economy. To protect these communities and promote 937 viable agriculture for the long term, it is essential to 938 encourage and permit diversification of existing rural 939 agricultural industrial centers by providing for jobs that are 940 not solely dependent upon, but are compatible with and 941 complement, existing agricultural industrial operations and to 942 encourage the creation and expansion of industries that use 943 agricultural products in innovative ways. However, the expansion 944 and diversification of these existing centers must be 945 accomplished in a manner that does not promote urban sprawl into 946 surrounding agricultural and rural areas. 947 (b) As used in this subsection, the term “rural 948 agricultural industrial center” means a developed parcel of land 949 in an unincorporated area on which there exists an operating 950 agricultural industrial facility or facilities that employ at 951 least 200 full-time employees in the aggregate and process and 952 prepare for transport a farm product, as defined in s. 163.3162, 953 or any biomass material that could be used, directly or 954 indirectly, for the production of fuel, renewable energy, 955 bioenergy, or alternative fuel as defined by law. The center may 956 also include land contiguous to the facility site which is not 957 used for the cultivation of crops, but on which other existing 958 activities essential to the operation of such facility or 959 facilities are located or conducted. The parcel of land must be 960 located within, or within 10 miles of, a rural area of 961 opportunitycritical economic concern. 962 (e)Nothing inThis subsection does notshall be construed963toconfer the status of rural area of opportunitycritical964economic concern, or any of the rights or benefits derived from 965 such status, on any land area not otherwise designated as such 966 pursuant to s. 288.0656(7). 967 Section 25. Subsection (3) of section 163.3187, Florida 968 Statutes, is amended to read: 969 163.3187 Process for adoption of small-scale comprehensive 970 plan amendment.— 971 (3) If the small scale development amendment involves a 972 site within a rural area of opportunitycritical economic973concernas defined under s. 288.0656(2)(d) for the duration of 974 such designation, the 10-acre limit listed in subsection (1) 975 shall be increased by 100 percent to 20 acres. The local 976 government approving the small scale plan amendment shall 977 certify to the Office of Tourism, Trade, and Economic 978 Development that the plan amendment furthers the economic 979 objectives set forth in the executive order issued under s. 980 288.0656(7), and the property subject to the plan amendment 981 shall undergo public review to ensure that all concurrency 982 requirements and federal, state, and local environmental permit 983 requirements are met. 984 Section 26. Subsection (10) of section 163.3246, Florida 985 Statutes, is amended to read: 986 163.3246 Local government comprehensive planning 987 certification program.— 988 (10) Notwithstanding subsections (2), (4), (5), (6), and 989 (7), any municipality designated as a rural area of opportunity 990critical economic concernpursuant to s. 288.0656 which is 991 located within a county eligible to levy the Small County Surtax 992 under s. 212.055(3) shall be considered certified during the 993 effectiveness of the designation of rural area of opportunity 994critical economic concern. The state land planning agency shall 995 provide a written notice of certification to the local 996 government of the certified area, which shall be considered 997 final agency action subject to challenge under s. 120.569. The 998 notice of certification shall include the following components: 999 (a) The boundary of the certification area. 1000 (b) A requirement that the local government submiteither1001 an annual or biennial monitoring report to the state land 1002 planning agency according to the schedule provided in the 1003 written notice. The monitoring report shall, at a minimum, 1004 include the number of amendments to the comprehensive plan 1005 adopted by the local government, the number of plan amendments 1006 challenged by an affected person, and the disposition of those 1007 challenges. 1008 Section 27. Paragraph (a) of subsection (6) of section 1009 211.3103, Florida Statutes, is amended to read: 1010 211.3103 Levy of tax on severance of phosphate rock; rate, 1011 basis, and distribution of tax.— 1012 (6)(a) Beginning July 1 of the 2011-2012 fiscal year, the 1013 proceeds of all taxes, interest, and penalties imposed under 1014 this section are exempt from the general revenue service charge 1015 provided in s. 215.20, and such proceeds shall be paid into the 1016 State Treasury as follows: 1017 1. To the credit of the Conservation and Recreation Lands 1018 Trust Fund, 25.5 percent. 1019 2. To the credit of the General Revenue Fund of the state, 1020 35.7 percent. 1021 3. For payment to counties in proportion to the number of 1022 tons of phosphate rock produced from a phosphate rock matrix 1023 located within such political boundary, 12.8 percent. The 1024 department shall distribute this portion of the proceeds 1025 annually based on production information reported by the 1026 producers on the annual returns for the taxable year. Any such 1027 proceeds received by a county shall be used only for phosphate 1028 related expenses. 1029 4. For payment to counties that have been designated as a 1030 rural area of opportunitycritical economic concernpursuant to 1031 s. 288.0656 in proportion to the number of tons of phosphate 1032 rock produced from a phosphate rock matrix located within such 1033 political boundary, 10.0 percent. The department shall 1034 distribute this portion of the proceeds annually based on 1035 production information reported by the producers on the annual 1036 returns for the taxable year. Payments under this subparagraph 1037 shall be made to the counties unless the Legislature by special 1038 act creates a local authority to promote and direct the economic 1039 development of the county. If such authority exists, payments 1040 shall be made to that authority. 1041 5. To the credit of the Nonmandatory Land Reclamation Trust 1042 Fund, 6.2 percent. 1043 6. To the credit of the Phosphate Research Trust Fund in 1044 the Division of Universities of the Department of Education, 6.2 1045 percent. 1046 7. To the credit of the Minerals Trust Fund, 3.6 percent. 1047 Section 28. Paragraph (c) of subsection (1) of section 1048 212.098, Florida Statutes, is amended to read: 1049 212.098 Rural Job Tax Credit Program.— 1050 (1) As used in this section, the term: 1051 (c) “Qualified area” means any area that is contained 1052 within a rural area of opportunitycritical economic concern1053 designated under s. 288.0656, a county that has a population of 1054 fewer than 75,000 persons, or a county that has a population of 1055 125,000 or less and is contiguous to a county that has a 1056 population of less than 75,000, selected in the following 1057 manner: every third year, the Department of Economic Opportunity 1058 shall rank and tier the state’s counties according to the 1059 following four factors: 1060 1. Highest unemployment rate for the most recent 36-month 1061 period. 1062 2. Lowest per capita income for the most recent 36-month 1063 period. 1064 3. Highest percentage of residents whose incomes are below 1065 the poverty level, based upon the most recent data available. 1066 4. Average weekly manufacturing wage, based upon the most 1067 recent data available. 1068 Section 29. Subsection (1) of section 218.67, Florida 1069 Statutes, is amended to read: 1070 218.67 Distribution for fiscally constrained counties.— 1071 (1) Each county that is entirely within a rural area of 1072 opportunitycritical economic concernas designated by the 1073 Governor pursuant to s. 288.0656 or each county for which the 1074 value of a mill will raise no more than $5 million in revenue, 1075 based on the taxable value certified pursuant to s. 1076 1011.62(4)(a)1.a., from the previous July 1, shall be considered 1077 a fiscally constrained county. 1078 Section 30. Subsection (1) of section 288.018, Florida 1079 Statutes, is amended to read: 1080 288.018 Regional Rural Development Grants Program.— 1081 (1) The department shall establish a matching grant program 1082 to provide funding to regionally based economic development 1083 organizations representing rural counties and communities for 1084 the purpose of building the professional capacity of their 1085 organizations. Such matching grants may also be used by an 1086 economic development organization to provide technical 1087 assistance to businesses within the rural counties and 1088 communities that it serves. The department is authorized to 1089 approve, on an annual basis, grants to such regionally based 1090 economic development organizations. The maximum amount an 1091 organization may receive in any year will be $50,000$35,000, or 1092 $150,000$100,000in a rural area of opportunitycritical1093economicconcernrecommended by the Rural Economic Development 1094 Initiative and designated by the Governor, and must be matched 1095 each year by an equivalent amount of nonstate resources. 1096 Section 31. Paragraphs (a) and (c) of subsection (2) of 1097 section 288.065, Florida Statutes, are amended to read: 1098 288.065 Rural Community Development Revolving Loan Fund.— 1099 (2)(a) The program shall provide for long-term loans, loan 1100 guarantees, and loan loss reserves to units of local 1101 governments, or economic development organizations substantially 1102 underwritten by a unit of local government, within counties with 1103 populations of 75,000 or fewer, or within any county with a 1104 population of 125,000 or fewer which is contiguous to a county 1105 with a population of 75,000 or fewer, based on the most recent 1106 official population estimate as determined under s. 186.901, 1107 including those residing in incorporated areas and those 1108 residing in unincorporated areas of the county, or to units of 1109 local government, or economic development organizations 1110 substantially underwritten by a unit of local government, within 1111 a rural area of opportunitycritical economic concern. 1112 (c) All repayments of principal and interest shall be 1113 returned to the loan fund and made available for loans to other 1114 applicants. However, in a rural area of opportunitycritical1115economic concerndesignated by the Governor, and upon approval 1116 by the department, repayments of principal and interest may be 1117 retained by the applicant if such repayments are dedicated and 1118 matched to fund regionally based economic development 1119 organizations representing the rural area of opportunity 1120critical economic concern. 1121 Section 32. Paragraphs (b), (c), and (e) of subsection (2) 1122 of section 288.0655, Florida Statutes, are amended to read: 1123 288.0655 Rural Infrastructure Fund.— 1124 (2) 1125 (b) To facilitate access of rural communities and rural 1126 areas of opportunitycritical economic concernas defined by the 1127 Rural Economic Development Initiative to infrastructure funding 1128 programs of the Federal Government, such as those offered by the 1129 United States Department of Agriculture and the United States 1130 Department of Commerce, and state programs, including those 1131 offered by Rural Economic Development Initiative agencies, and 1132 to facilitate local government or private infrastructure funding 1133 efforts, the department may award grants for up to 30 percent of 1134 the total infrastructure project cost. If an application for 1135 funding is for a catalyst site, as defined in s. 288.0656, the 1136 department may award grants for up to 40 percent of the total 1137 infrastructure project cost. Eligible projects must be related 1138 to specific job-creation or job-retention opportunities. 1139 Eligible projects may also include improving any inadequate 1140 infrastructure that has resulted in regulatory action that 1141 prohibits economic or community growth or reducing the costs to 1142 community users of proposed infrastructure improvements that 1143 exceed such costs in comparable communities. Eligible uses of 1144 funds shall include improvements to public infrastructure for 1145 industrial or commercial sites and upgrades to or development of 1146 public tourism infrastructure. Authorized infrastructure may 1147 include the following public or public-private partnership 1148 facilities: storm water systems; telecommunications facilities; 1149 broadband facilities; roads or other remedies to transportation 1150 impediments; nature-based tourism facilities; or other physical 1151 requirements necessary to facilitate tourism, trade, and 1152 economic development activities in the community. Authorized 1153 infrastructure may also include publicly or privately owned 1154 self-powered nature-based tourism facilities, publicly owned 1155 telecommunications facilities, and broadband facilities, and 1156 additions to the distribution facilities of the existing natural 1157 gas utility as defined in s. 366.04(3)(c), the existing electric 1158 utility as defined in s. 366.02, or the existing water or 1159 wastewater utility as defined in s. 367.021(12), or any other 1160 existing water or wastewater facility, which owns a gas or 1161 electric distribution system or a water or wastewater system in 1162 this state where: 1163 1. A contribution-in-aid of construction is required to 1164 serve public or public-private partnership facilities under the 1165 tariffs of any natural gas, electric, water, or wastewater 1166 utility as defined herein; and 1167 2. Such utilities as defined herein are willing and able to 1168 provide such service. 1169 (c) To facilitate timely response and induce the location 1170 or expansion of specific job creating opportunities, the 1171 department may award grants for infrastructure feasibility 1172 studies, design and engineering activities, or other 1173 infrastructure planning and preparation activities. Authorized 1174 grants shall be up to $50,000 for an employment project with a 1175 business committed to create at least 100 jobs; up to $150,000 1176 for an employment project with a business committed to create at 1177 least 300 jobs; and up to $300,000 for a project in a rural area 1178 of opportunitycritical economic concern. Grants awarded under 1179 this paragraph may be used in conjunction with grants awarded 1180 under paragraph (b), provided that the total amount of both 1181 grants does not exceed 30 percent of the total project cost. In 1182 evaluating applications under this paragraph, the department 1183 shall consider the extent to which the application seeks to 1184 minimize administrative and consultant expenses. 1185 (e) To enable local governments to access the resources 1186 available pursuant to s. 403.973(18), the department may award 1187 grants for surveys, feasibility studies, and other activities 1188 related to the identification and preclearance review of land 1189 which is suitable for preclearance review. Authorized grants 1190 under this paragraph mayshallnot exceed $75,000 each, except 1191 in the case of a project in a rural area of opportunitycritical1192economic concern, in which case the grant mayshallnot exceed 1193 $300,000. Any funds awarded under this paragraph must be matched 1194 at a level of 50 percent with local funds, except that any funds 1195 awarded for a project in a rural area of opportunitycritical1196economic concernmust be matched at a level of 33 percent with 1197 local funds. If an application for funding is for a catalyst 1198 site, as defined in s. 288.0656, the requirement for local match 1199 may be waived pursuant to the process in s. 288.06561. In 1200 evaluating applications under this paragraph, the department 1201 shall consider the extent to which the application seeks to 1202 minimize administrative and consultant expenses. 1203 Section 33. Paragraphs (a), (b), and (d) of subsection (2) 1204 and subsection (7) of section 288.0656, Florida Statutes, are 1205 amended to read: 1206 288.0656 Rural Economic Development Initiative.— 1207 (2) As used in this section, the term: 1208 (a) “Catalyst project” means a business locating or 1209 expanding in a rural area of opportunitycritical economic1210concernto serve as an economic generator of regional 1211 significance for the growth of a regional target industry 1212 cluster. The project must provide capital investment on a scale 1213 significant enough to affect the entire region and result in the 1214 development of high-wage and high-skill jobs. 1215 (b) “Catalyst site” means a parcel or parcels of land 1216 within a rural area of opportunitycritical economic concern1217 that has been prioritized as a geographic site for economic 1218 development through partnerships with state, regional, and local 1219 organizations. The site must be reviewed by REDI and approved by 1220 the department for the purposes of locating a catalyst project. 1221 (d) “Rural area of opportunitycritical economic concern” 1222 means a rural community, or a region composed of rural 1223 communities, designated by the Governor, whichthathas been 1224 adversely affected by an extraordinary economic event, severe or 1225 chronic distress, or a natural disaster or that presents a 1226 unique economic development opportunity of regional impact. 1227 (7)(a) REDI may recommend to the Governor up to three rural 1228 areas of opportunitycritical economic concern. The Governor may 1229 by executive order designate up to three rural areas of 1230 opportunitycritical economic concernwhich will establish these 1231 areas as priority assignments for REDI as well as to allow the 1232 Governor, acting through REDI, to waive criteria, requirements, 1233 or similar provisions of any economic development incentive. 1234 Such incentives shall include, but are notbelimited to,:the 1235 Qualified Target Industry Tax Refund Program under s. 288.106, 1236 the Quick Response Training Program under s. 288.047, the Quick 1237 Response Training Program for participants in the welfare 1238 transition program under s. 288.047(8), transportation projects 1239 under s. 339.2821, the brownfield redevelopment bonus refund 1240 under s. 288.107, and the rural job tax credit program under ss. 1241 212.098 and 220.1895. 1242 (b) Designation as a rural area of opportunitycritical1243economic concernunder this subsection shall be contingent upon 1244 the execution of a memorandum of agreement among the department; 1245 the governing body of the county; and the governing bodies of 1246 any municipalities to be included within a rural area of 1247 opportunitycritical economic concern. Such agreement shall 1248 specify the terms and conditions of the designation, including, 1249 but not limited to, the duties and responsibilities of the 1250 county and any participating municipalities to take actions 1251 designed to facilitate the retention and expansion of existing 1252 businesses in the area, as well as the recruitment of new 1253 businesses to the area. 1254 (c) Each rural area of opportunitycritical economic1255concernmay designate catalyst projects, provided that each 1256 catalyst project is specifically recommended by REDI, identified 1257 as a catalyst project by Enterprise Florida, Inc., and confirmed 1258 as a catalyst project by the department. All state agencies and 1259 departments shall use all available tools and resources to the 1260 extent permissible by law to promote the creation and 1261 development of each catalyst project and the development of 1262 catalyst sites. 1263 Section 34. Paragraph (a) of subsection (3) of section 1264 288.1088, Florida Statutes, is amended to read: 1265 288.1088 Quick Action Closing Fund.— 1266 (3)(a) The department and Enterprise Florida, Inc., shall 1267 jointly review applications pursuant to s. 288.061 and determine 1268 the eligibility of each project consistent with the criteria in 1269 subsection (2). Waiver of these criteria may be considered under 1270 the following criteria: 1271 1. Based on extraordinary circumstances; 1272 2. In order to mitigate the impact of the conclusion of the 1273 space shuttle program; or 1274 3. In rural areas of opportunitycritical economic concern1275 if the project would significantly benefit the local or regional 1276 economy. 1277 Section 35. Paragraphs (b), (c), and (d) of subsection (4) 1278 of section 288.1089, Florida Statutes, are amended to read: 1279 288.1089 Innovation Incentive Program.— 1280 (4) To qualify for review by the department, the applicant 1281 must, at a minimum, establish the following to the satisfaction 1282 of the department: 1283 (b) A research and development project must: 1284 1. Serve as a catalyst for an emerging or evolving 1285 technology cluster. 1286 2. Demonstrate a plan for significant higher education 1287 collaboration. 1288 3. Provide the state, at a minimum, a cumulative break-even 1289 economic benefit within a 20-year period. 1290 4. Be provided with a one-to-one match from the local 1291 community. The match requirement may be reduced or waived in 1292 rural areas of opportunitycritical economic concernor reduced 1293 in rural areas, brownfield areas, and enterprise zones. 1294 (c) An innovation business project in this state, other 1295 than a research and development project, must: 1296 1.a. Result in the creation of at least 1,000 direct, new 1297 jobs at the business; or 1298 b. Result in the creation of at least 500 direct, new jobs 1299 if the project is located in a rural area, a brownfield area, or 1300 an enterprise zone. 1301 2. Have an activity or product that is within an industry 1302 that is designated as a target industry business under s. 1303 288.106 or a designated sector under s. 288.108. 1304 3.a. Have a cumulative investment of at least $500 million 1305 within a 5-year period; or 1306 b. Have a cumulative investment that exceeds $250 million 1307 within a 10-year period if the project is located in a rural 1308 area, brownfield area, or an enterprise zone. 1309 4. Be provided with a one-to-one match from the local 1310 community. The match requirement may be reduced or waived in 1311 rural areas of opportunitycritical economic concernor reduced 1312 in rural areas, brownfield areas, and enterprise zones. 1313 (d) For an alternative and renewable energy project in this 1314 state, the project must: 1315 1. Demonstrate a plan for significant collaboration with an 1316 institution of higher education; 1317 2. Provide the state, at a minimum, a cumulative break-even 1318 economic benefit within a 20-year period; 1319 3. Include matching funds provided by the applicant or 1320 other available sources. The match requirement may be reduced or 1321 waived in rural areas of opportunitycritical economic concern1322 or reduced in rural areas, brownfield areas, and enterprise 1323 zones; 1324 4. Be located in this state; and 1325 5. Provide at least 35 direct, new jobs that pay an 1326 estimated annual average wage that equals at least 130 percent 1327 of the average private sector wage. 1328 Section 36. Paragraph (d) of subsection (6) of section 1329 290.0055, Florida Statutes, is amended to read: 1330 290.0055 Local nominating procedure.— 1331 (6) 1332 (d)1. The governing body of a jurisdiction which has 1333 nominated an application for an enterprise zone that is at least 1334 15 square miles and less than 20 square miles and includes a 1335 portion of the state designated as a rural area of opportunity 1336critical economic concernunder s. 288.0656(7) may apply to the 1337 department to expand the boundary of the existing enterprise 1338 zone by not more than 3 square miles. 1339 2. The governing body of a jurisdiction which has nominated 1340 an application for an enterprise zone that is at least 20 square 1341 miles and includes a portion of the state designated as a rural 1342 area of opportunitycritical economic concernunder s. 1343 288.0656(7) may apply to the department to expand the boundary 1344 of the existing enterprise zone by not more than 5 square miles. 1345 3. An application to expand the boundary of an enterprise 1346 zone under this paragraph must be submitted by December 31, 1347 2013. 1348 4. Notwithstanding the area limitations specified in 1349 subsection (4), the department may approve the request for a 1350 boundary amendment if the area continues to satisfy the 1351 remaining requirements of this section. 1352 5. The department shall establish the initial effective 1353 date of an enterprise zone designated under this paragraph. 1354 Section 37. Paragraph (c) of subsection (4) of section 1355 339.2819, Florida Statutes, is amended to read: 1356 339.2819 Transportation Regional Incentive Program.— 1357 (4) 1358 (c) The department shall give priority to projects that: 1359 1. Provide connectivity to the Strategic Intermodal System 1360 developed under s. 339.64. 1361 2. Support economic development and the movement of goods 1362 in rural areas of opportunitycritical economic concern1363 designated under s. 288.0656(7). 1364 3. Are subject to a local ordinance that establishes 1365 corridor management techniques, including access management 1366 strategies, right-of-way acquisition and protection measures, 1367 appropriate land use strategies, zoning, and setback 1368 requirements for adjacent land uses. 1369 4. Improve connectivity between military installations and 1370 the Strategic Highway Network or the Strategic Rail Corridor 1371 Network. 1372 1373 The department shall also consider the extent to which local 1374 matching funds are available to be committed to the project. 1375 Section 38. Paragraph (b) of subsection (5) of section 1376 339.63, Florida Statutes, is amended to read: 1377 339.63 System facilities designated; additions and 1378 deletions.— 1379 (5) 1380 (b) A facility designated part of the Strategic Intermodal 1381 System pursuant to paragraph (a) that is within the jurisdiction 1382 of a local government that maintains a transportation 1383 concurrency system shall receive a waiver of transportation 1384 concurrency requirements applicable to Strategic Intermodal 1385 System facilities in order to accommodate any development at the 1386 facility which occurs pursuant to a building permit issued on or 1387 before December 31, 2017, but only if such facility is located: 1388 1. Within an area designated pursuant to s. 288.0656(7) as 1389 a rural area of opportunitycritical economic concern; 1390 2. Within a rural enterprise zone as defined in s. 1391 290.004(5); or 1392 3. Within 15 miles of the boundary of a rural area of 1393 opportunitycritical economic concernor a rural enterprise 1394 zone. 1395 Section 39. Paragraph (c) of subsection (3) of section 1396 373.4595, Florida Statutes, is amended to read: 1397 373.4595 Northern Everglades and Estuaries Protection 1398 Program.— 1399 (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—A 1400 protection program for Lake Okeechobee that achieves phosphorus 1401 load reductions for Lake Okeechobee shall be immediately 1402 implemented as specified in this subsection. The program shall 1403 address the reduction of phosphorus loading to the lake from 1404 both internal and external sources. Phosphorus load reductions 1405 shall be achieved through a phased program of implementation. 1406 Initial implementation actions shall be technology-based, based 1407 upon a consideration of both the availability of appropriate 1408 technology and the cost of such technology, and shall include 1409 phosphorus reduction measures at both the source and the 1410 regional level. The initial phase of phosphorus load reductions 1411 shall be based upon the district’s Technical Publication 81-2 1412 and the district’s WOD program, with subsequent phases of 1413 phosphorus load reductions based upon the total maximum daily 1414 loads established in accordance with s. 403.067. In the 1415 development and administration of the Lake Okeechobee Watershed 1416 Protection Program, the coordinating agencies shall maximize 1417 opportunities provided by federal cost-sharing programs and 1418 opportunities for partnerships with the private sector. 1419 (c) Lake Okeechobee Watershed Phosphorus Control Program. 1420 The Lake Okeechobee Watershed Phosphorus Control Program is 1421 designed to be a multifaceted approach to reducing phosphorus 1422 loads by improving the management of phosphorus sources within 1423 the Lake Okeechobee watershed through implementation of 1424 regulations and best management practices, development and 1425 implementation of improved best management practices, 1426 improvement and restoration of the hydrologic function of 1427 natural and managed systems, and utilization of alternative 1428 technologies for nutrient reduction. The coordinating agencies 1429 shall facilitate the application of federal programs that offer 1430 opportunities for water quality treatment, including 1431 preservation, restoration, or creation of wetlands on 1432 agricultural lands. 1433 1. Agricultural nonpoint source best management practices, 1434 developed in accordance with s. 403.067 and designed to achieve 1435 the objectives of the Lake Okeechobee Watershed Protection 1436 Program, shall be implemented on an expedited basis. The 1437 coordinating agencies shall develop an interagency agreement 1438 pursuant to ss. 373.046 and 373.406(5) that assures the 1439 development of best management practices that complement 1440 existing regulatory programs and specifies how those best 1441 management practices are implemented and verified. The 1442 interagency agreement shall address measures to be taken by the 1443 coordinating agencies during any best management practice 1444 reevaluation performed pursuant to sub-subparagraph d. The 1445 department shall use best professional judgment in making the 1446 initial determination of best management practice effectiveness. 1447 a. As provided in s. 403.067(7)(c), the Department of 1448 Agriculture and Consumer Services, in consultation with the 1449 department, the district, and affected parties, shall initiate 1450 rule development for interim measures, best management 1451 practices, conservation plans, nutrient management plans, or 1452 other measures necessary for Lake Okeechobee watershed total 1453 maximum daily load reduction. The rule shall include thresholds 1454 for requiring conservation and nutrient management plans and 1455 criteria for the contents of such plans. Development of 1456 agricultural nonpoint source best management practices shall 1457 initially focus on those priority basins listed in subparagraph 1458 (b)1. The Department of Agriculture and Consumer Services, in 1459 consultation with the department, the district, and affected 1460 parties, shall conduct an ongoing program for improvement of 1461 existing and development of new interim measures or best 1462 management practices for the purpose of adoption of such 1463 practices by rule. The Department of Agriculture and Consumer 1464 Services shall work with the University of Florida’s Institute 1465 of Food and Agriculture Sciences to review and, where 1466 appropriate, develop revised nutrient application rates for all 1467 agricultural soil amendments in the watershed. 1468 b. Where agricultural nonpoint source best management 1469 practices or interim measures have been adopted by rule of the 1470 Department of Agriculture and Consumer Services, the owner or 1471 operator of an agricultural nonpoint source addressed by such 1472 rule shall either implement interim measures or best management 1473 practices or demonstrate compliance with the district’s WOD 1474 program by conducting monitoring prescribed by the department or 1475 the district. Owners or operators of agricultural nonpoint 1476 sources who implement interim measures or best management 1477 practices adopted by rule of the Department of Agriculture and 1478 Consumer Services shall be subject to the provisions of s. 1479 403.067(7). The Department of Agriculture and Consumer Services, 1480 in cooperation with the department and the district, shall 1481 provide technical and financial assistance for implementation of 1482 agricultural best management practices, subject to the 1483 availability of funds. 1484 c. The district or department shall conduct monitoring at 1485 representative sites to verify the effectiveness of agricultural 1486 nonpoint source best management practices. 1487 d. Where water quality problems are detected for 1488 agricultural nonpoint sources despite the appropriate 1489 implementation of adopted best management practices, the 1490 Department of Agriculture and Consumer Services, in consultation 1491 with the other coordinating agencies and affected parties, shall 1492 institute a reevaluation of the best management practices and 1493 make appropriate changes to the rule adopting best management 1494 practices. 1495 2. Nonagricultural nonpoint source best management 1496 practices, developed in accordance with s. 403.067 and designed 1497 to achieve the objectives of the Lake Okeechobee Watershed 1498 Protection Program, shall be implemented on an expedited basis. 1499 The department and the district shall develop an interagency 1500 agreement pursuant to ss. 373.046 and 373.406(5) that assures 1501 the development of best management practices that complement 1502 existing regulatory programs and specifies how those best 1503 management practices are implemented and verified. The 1504 interagency agreement shall address measures to be taken by the 1505 department and the district during any best management practice 1506 reevaluation performed pursuant to sub-subparagraph d. 1507 a. The department and the district are directed to work 1508 with the University of Florida’s Institute of Food and 1509 Agricultural Sciences to develop appropriate nutrient 1510 application rates for all nonagricultural soil amendments in the 1511 watershed. As provided in s. 403.067(7)(c), the department, in 1512 consultation with the district and affected parties, shall 1513 develop interim measures, best management practices, or other 1514 measures necessary for Lake Okeechobee watershed total maximum 1515 daily load reduction. Development of nonagricultural nonpoint 1516 source best management practices shall initially focus on those 1517 priority basins listed in subparagraph (b)1. The department, the 1518 district, and affected parties shall conduct an ongoing program 1519 for improvement of existing and development of new interim 1520 measures or best management practices. The district shall adopt 1521 technology-based standards under the district’s WOD program for 1522 nonagricultural nonpoint sources of phosphorus. Nothing in this 1523 sub-subparagraph shall affect the authority of the department or 1524 the district to adopt basin-specific criteria under this part to 1525 prevent harm to the water resources of the district. 1526 b. Where nonagricultural nonpoint source best management 1527 practices or interim measures have been developed by the 1528 department and adopted by the district, the owner or operator of 1529 a nonagricultural nonpoint source shall implement interim 1530 measures or best management practices and be subject to the 1531 provisions of s. 403.067(7). The department and district shall 1532 provide technical and financial assistance for implementation of 1533 nonagricultural nonpoint source best management practices, 1534 subject to the availability of funds. 1535 c. The district or the department shall conduct monitoring 1536 at representative sites to verify the effectiveness of 1537 nonagricultural nonpoint source best management practices. 1538 d. Where water quality problems are detected for 1539 nonagricultural nonpoint sources despite the appropriate 1540 implementation of adopted best management practices, the 1541 department and the district shall institute a reevaluation of 1542 the best management practices. 1543 3. The provisions of subparagraphs 1. and 2. mayshallnot 1544 preclude the department or the district from requiring 1545 compliance with water quality standards or with current best 1546 management practices requirements set forth in any applicable 1547 regulatory program authorized by law for the purpose of 1548 protecting water quality. Additionally, subparagraphs 1. and 2. 1549 are applicable only to the extent that they do not conflict with 1550 any rules adoptedpromulgatedby the department that are 1551 necessary to maintain a federally delegated or approved program. 1552 4. Projects that reduce the phosphorus load originating 1553 from domestic wastewater systems within the Lake Okeechobee 1554 watershed shall be given funding priority in the department’s 1555 revolving loan program under s. 403.1835. The department shall 1556 coordinate and provide assistance to those local governments 1557 seeking financial assistance for such priority projects. 1558 5. Projects that make use of private lands, or lands held 1559 in trust for Indian tribes, to reduce nutrient loadings or 1560 concentrations within a basin by one or more of the following 1561 methods: restoring the natural hydrology of the basin, restoring 1562 wildlife habitat or impacted wetlands, reducing peak flows after 1563 storm events, increasing aquifer recharge, or protecting range 1564 and timberland from conversion to development, are eligible for 1565 grants available under this section from the coordinating 1566 agencies. For projects of otherwise equal priority, special 1567 funding priority will be given to those projects that make best 1568 use of the methods outlined above that involve public-private 1569 partnerships or that obtain federal match money. Preference 1570 ranking above the special funding priority will be given to 1571 projects located in a rural area of opportunitycritical1572economic concerndesignated by the Governor. Grant applications 1573 may be submitted by any person or tribal entity, and eligible 1574 projects may include, but are not limited to, the purchase of 1575 conservation and flowage easements, hydrologic restoration of 1576 wetlands, creating treatment wetlands, development of a 1577 management plan for natural resources, and financial support to 1578 implement a management plan. 1579 6.a. The department shall require all entities disposing of 1580 domestic wastewater residuals within the Lake Okeechobee 1581 watershed and the remaining areas of Okeechobee, Glades, and 1582 Hendry Counties to develop and submit to the department an 1583 agricultural use plan that limits applications based upon 1584 phosphorus loading. By July 1, 2005, phosphorus concentrations 1585 originating from these application sites mayshallnot exceed 1586 the limits established in the district’s WOD program. After 1587 December 31, 2007, the department may not authorize the disposal 1588 of domestic wastewater residuals within the Lake Okeechobee 1589 watershed unless the applicant can affirmatively demonstrate 1590 that the phosphorus in the residuals will not add to phosphorus 1591 loadings in Lake Okeechobee or its tributaries. This 1592 demonstration shall be based on achieving a net balance between 1593 phosphorus imports relative to exports on the permitted 1594 application site. Exports shall include only phosphorus removed 1595 from the Lake Okeechobee watershed through products generated on 1596 the permitted application site. This prohibition does not apply 1597 to Class AA residuals that are marketed and distributed as 1598 fertilizer products in accordance with department rule. 1599 b. Private and government-owned utilities within Monroe, 1600 Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian 1601 River, Okeechobee, Highlands, Hendry, and Glades Counties that 1602 dispose of wastewater residual sludge from utility operations 1603 and septic removal by land spreading in the Lake Okeechobee 1604 watershed may use a line item on local sewer rates to cover 1605 wastewater residual treatment and disposal if such disposal and 1606 treatment is done by approved alternative treatment methodology 1607 at a facility located within the areas designated by the 1608 Governor as rural areas of opportunitycritical economic concern1609 pursuant to s. 288.0656. This additional line item is an 1610 environmental protection disposal fee above the present sewer 1611 rate and mayshallnot be considered a part of the present sewer 1612 rate to customers, notwithstanding provisions to the contrary in 1613 chapter 367. The fee shall be established by the county 1614 commission or its designated assignee in the county in which the 1615 alternative method treatment facility is located. The fee shall 1616 be calculated to be no higher than that necessary to recover the 1617 facility’s prudent cost of providing the service. Upon request 1618 by an affected county commission, the Florida Public Service 1619 Commission will provide assistance in establishing the fee. 1620 Further, for utilities and utility authorities that use the 1621 additional line item environmental protection disposal fee, such 1622 fee mayshallnot be considered a rate increase under the rules 1623 of the Public Service Commission and shall be exempt from such 1624 rules. Utilities using the provisions of this section may 1625 immediately include in their sewer invoicing the new 1626 environmental protection disposal fee. Proceeds from this 1627 environmental protection disposal fee shall be used for 1628 treatment and disposal of wastewater residuals, including any 1629 treatment technology that helps reduce the volume of residuals 1630 that require final disposal, but such proceeds mayshallnot be 1631 used for transportation or shipment costs for disposal or any 1632 costs relating to the land application of residuals in the Lake 1633 Okeechobee watershed. 1634 c. No less frequently than once every 3 years, the Florida 1635 Public Service Commission or the county commission through the 1636 services of an independent auditor shall perform a financial 1637 audit of all facilities receiving compensation from an 1638 environmental protection disposal fee. The Florida Public 1639 Service Commission or the county commission through the services 1640 of an independent auditor shall also perform an audit of the 1641 methodology used in establishing the environmental protection 1642 disposal fee. The Florida Public Service Commission or the 1643 county commission shall, within 120 days after completion of an 1644 audit, file the audit report with the President of the Senate 1645 and the Speaker of the House of Representatives and shall 1646 provide copies to the county commissions of the counties set 1647 forth in sub-subparagraph b. The books and records of any 1648 facilities receiving compensation from an environmental 1649 protection disposal fee shall be open to the Florida Public 1650 Service Commission and the Auditor General for review upon 1651 request. 1652 7. The Department of Health shall require all entities 1653 disposing of septage within the Lake Okeechobee watershed to 1654 develop and submit to that agency an agricultural use plan that 1655 limits applications based upon phosphorus loading. By July 1, 1656 2005, phosphorus concentrations originating from these 1657 application sites mayshallnot exceed the limits established in 1658 the district’s WOD program. 1659 8. The Department of Agriculture and Consumer Services 1660 shall initiate rulemaking requiring entities within the Lake 1661 Okeechobee watershed which land-apply animal manure to develop 1662 resource management system level conservation plans, according 1663 to United States Department of Agriculture criteria, which limit 1664 such application. Such rules may include criteria and thresholds 1665 for the requirement to develop a conservation or nutrient 1666 management plan, requirements for plan approval, and 1667 recordkeeping requirements. 1668 9. The district, the department, or the Department of 1669 Agriculture and Consumer Services, as appropriate, shall 1670 implement those alternative nutrient reduction technologies 1671 determined to be feasible pursuant to subparagraph (d)6. 1672 Section 40. Paragraph (e) of subsection (2) and paragraph 1673 (b) of subsection (26) of section 380.06, Florida Statutes, are 1674 amended to read: 1675 380.06 Developments of regional impact.— 1676 (2) STATEWIDE GUIDELINES AND STANDARDS.— 1677 (e) With respect to residential, hotel, motel, office, and 1678 retail developments, the applicable guidelines and standards 1679 shall be increased by 50 percent in urban central business 1680 districts and regional activity centers of jurisdictions whose 1681 local comprehensive plans are in compliance with part II of 1682 chapter 163. With respect to multiuse developments, the 1683 applicable individual use guidelines and standards for 1684 residential, hotel, motel, office, and retail developments and 1685 multiuse guidelines and standards shall be increased by 100 1686 percent in urban central business districts and regional 1687 activity centers of jurisdictions whose local comprehensive 1688 plans are in compliance with part II of chapter 163, if one land 1689 use of the multiuse development is residential and amounts to 1690 not less than 35 percent of the jurisdiction’s applicable 1691 residential threshold. With respect to resort or convention 1692 hotel developments, the applicable guidelines and standards 1693 shall be increased by 150 percent in urban central business 1694 districts and regional activity centers of jurisdictions whose 1695 local comprehensive plans are in compliance with part II of 1696 chapter 163 and where the increase is specifically for a 1697 proposed resort or convention hotel located in a county with a 1698 population greater than 500,000 and the local government 1699 specifically designates that the proposed resort or convention 1700 hotel development will serve an existing convention center of 1701 more than 250,000 gross square feet built beforeprior toJuly 1702 1, 1992. The applicable guidelines and standards shall be 1703 increased by 150 percent for development in any area designated 1704 by the Governor as a rural area of opportunitycritical economic1705concernpursuant to s. 288.0656 during the effectiveness of the 1706 designation. 1707 (26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.— 1708 (b) Upon receipt of written confirmation from the state 1709 land planning agency that any required mitigation applicable to 1710 completed development has occurred, an industrial development of 1711 regional impact located within the coastal high-hazard area of a 1712 rural area of opportunitycounty of economic concernwhich was 1713 approved beforeprior tothe adoption of the local government’s 1714 comprehensive plan required under s. 163.3167 and which plan’s 1715 future land use map and zoning designates the land use for the 1716 development of regional impact as commercial may be unilaterally 1717 abandoned without the need to proceed through the process 1718 described in paragraph (a) if the developer or owner provides a 1719 notice of abandonment to the local government and records such 1720 notice with the applicable clerk of court. Abandonment shall be 1721 deemed to have occurred upon the recording of the notice. All 1722 development following abandonment shall be fully consistent with 1723 the current comprehensive plan and applicable zoning. 1724 Section 41. Paragraph (g) of subsection (3) and paragraph 1725 (c) of subsection (4) of section 380.0651, Florida Statutes, are 1726 amended to read: 1727 380.0651 Statewide guidelines and standards.— 1728 (3) The following statewide guidelines and standards shall 1729 be applied in the manner described in s. 380.06(2) to determine 1730 whether the following developments shall be required to undergo 1731 development-of-regional-impact review: 1732 (g) Residential development.—ANorule may not be adopted 1733 concerning residential developments which treats a residential 1734 development in one county as being located in a less populated 1735 adjacent county unless more than 25 percent of the development 1736 is located within 2or lessmiles or less of the less populated 1737 adjacent county. The residential thresholds of adjacent counties 1738 with less population and a lower threshold mayshallnot be 1739 controlling on any development wholly located within areas 1740 designated as rural areas of opportunitycritical economic1741concern. 1742 (4) Two or more developments, represented by their owners 1743 or developers to be separate developments, shall be aggregated 1744 and treated as a single development under this chapter when they 1745 are determined to be part of a unified plan of development and 1746 are physically proximate to one other. 1747 (c) Aggregation is not applicable when the following 1748 circumstances and provisions of this chapter are applicable: 1749 1. Developments which are otherwise subject to aggregation 1750 with a development of regional impact which has received 1751 approval through the issuance of a final development order shall 1752 not be aggregated with the approved development of regional 1753 impact. However, nothing contained in this subparagraph shall 1754 preclude the state land planning agency from evaluating an 1755 allegedly separate development as a substantial deviation 1756 pursuant to s. 380.06(19) or as an independent development of 1757 regional impact. 1758 2. Two or more developments, each of which is independently 1759 a development of regional impact that has or will obtain a 1760 development order pursuant to s. 380.06. 1761 3. Completion of any development that has been vested 1762 pursuant to s. 380.05 or s. 380.06, including vested rights 1763 arising out of agreements entered into with the state land 1764 planning agency for purposes of resolving vested rights issues. 1765 Development-of-regional-impact review of additions to vested 1766 developments of regional impact shall not include review of the 1767 impacts resulting from the vested portions of the development. 1768 4. The developments sought to be aggregated were authorized 1769 to commence development prior to September 1, 1988, and could 1770 not have been required to be aggregated under the law existing 1771 prior to that date. 1772 5. Any development that qualifies for an exemption under s. 1773 380.06(29). 1774 Section 42. Paragraph (b) of subsection (2) of section 1775 985.686, Florida Statutes, is amended to read: 1776 985.686 Shared county and state responsibility for juvenile 1777 detention.— 1778 (2) As used in this section, the term: 1779 (b) “Fiscally constrained county” means a county within a 1780 rural area of opportunitycritical economic concernas 1781 designated by the Governor pursuant to s. 288.0656 or each 1782 county for which the value of a mill will raise no more than $5 1783 million in revenue, based on the certified school taxable value 1784 certified pursuant to s. 1011.62(4)(a)1.a., from the previous 1785 July 1. 1786 Section 43. Subsection (2) of section 1011.76, Florida 1787 Statutes, is amended to read: 1788 1011.76 Small School District Stabilization Program.— 1789 (2) In order to participate in this program, a school 1790 district must be located in a rural area of opportunitycritical1791economic concerndesignated by the Executive Office of the 1792 Governor, and the district school board must submit a resolution 1793 to the Department of Economic Opportunity requesting 1794 participation in the program. A rural area of opportunity 1795critical economic concernmust be a rural community, or a region 1796 composed of such, that has been adversely affected by an 1797 extraordinary economic event or a natural disaster or that 1798 presents a unique economic development concern or opportunity of 1799 regional impact. The resolution must be accompanied bywith1800 documentation of the economic conditions in the community and,1801 provide information indicating the negative impact of these 1802 conditions on the school district’s financial stability, and the 1803 school district must participate in a best financial management 1804 practices review to determine potential efficiencies that could 1805 be implemented to reduce program costs in the district. 1806 Section 44. Paragraph (a) of subsection (4) of section 1807 215.425, Florida Statutes, is amended to read: 1808 215.425 Extra compensation claims prohibited; bonuses; 1809 severance pay.— 1810 (4)(a) On or after July 1, 2011, a unit of government that 1811 enters into a contract or employment agreement, or renewal or 1812 renegotiation of an existing contract or employment agreement, 1813 that contains a provision for severance pay with an officer, 1814 agent, employee, or contractor must include the following 1815 provisions in the contract: 1816 1. A requirement that severance pay provided may not exceed 1817 an amount greater than 20 weeks of compensation. 1818 2. A prohibition of provision of severance pay when the 1819 officer, agent, employee, or contractor has been fired for 1820 misconduct, as defined in s. 443.036(29)s. 443.036(30), by the 1821 unit of government. 1822 Section 45. Paragraph (f) of subsection (13) of section 1823 443.1216, Florida Statutes, is amended to read: 1824 443.1216 Employment.—Employment, as defined in s. 443.036, 1825 is subject to this chapter under the following conditions: 1826 (13) The following are exempt from coverage under this 1827 chapter: 1828 (f) Service performed in the employ of a public employer as 1829 defined in s. 443.036, except as provided in subsection (2), and 1830 service performed in the employ of an instrumentality of a 1831 public employer as described in s. 443.036(35)(b) or (c)s.1832443.036(36)(b) or (c), to the extent that the instrumentality is 1833 immune under the United States Constitution from the tax imposed 1834 by s. 3301 of the Internal Revenue Code for that service. 1835 Section 46. (1) Any building permit, and any permit issued 1836 by the Department of Environmental Protection or by a water 1837 management district pursuant to part IV of chapter 373, Florida 1838 Statutes, which has an expiration date from January 1, 2014, 1839 through January 1, 2016, is extended and renewed for a period of 1840 2 years after its previously scheduled date of expiration. This 1841 extension includes any local government-issued development order 1842 or building permit including certificates of levels of service. 1843 This section does not prohibit conversion from the construction 1844 phase to the operation phase upon completion of construction. 1845 This extension is in addition to any existing permit extension. 1846 Extensions granted pursuant to this section; s. 14 of chapter 1847 2009-96, Laws of Florida, as reauthorized by s. 47 of chapter 1848 2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of 1849 Florida; s. 73 or s. 79 of chapter 2011-139, Laws of Florida; or 1850 s. 24 of chapter 2012-205, Laws of Florida, may not exceed 4 1851 years in total. Further, specific development order extensions 1852 granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may 1853 not be further extended by this section. 1854 (2) The commencement and completion dates for any required 1855 mitigation associated with a phased construction project are 1856 extended so that mitigation takes place in the same timeframe 1857 relative to the phase as originally permitted. 1858 (3) The holder of a valid permit or other authorization 1859 that is eligible for the 2-year extension must notify the 1860 authorizing agency in writing by December 31, 2014, identifying 1861 the specific authorization for which the holder intends to use 1862 the extension and the anticipated timeframe for acting on the 1863 authorization. 1864 (4) The extension provided in subsection (1) does not apply 1865 to: 1866 (a) A permit or other authorization under any programmatic 1867 or regional general permit issued by the Army Corps of 1868 Engineers. 1869 (b) A permit or other authorization held by an owner or 1870 operator determined to be in significant noncompliance with the 1871 conditions of the permit or authorization as established through 1872 the issuance of a warning letter or notice of violation, the 1873 initiation of formal enforcement, or other equivalent action by 1874 the authorizing agency. 1875 (c) A permit or other authorization, if granted an 1876 extension that would delay or prevent compliance with a court 1877 order. 1878 (5) Permits extended under this section shall continue to 1879 be governed by the rules in effect at the time the permit was 1880 issued unless it is demonstrated that the rules in effect at the 1881 time the permit was issued would create an immediate threat to 1882 public safety or health. This provision applies to any 1883 modification of the plans, terms, and conditions of the permit 1884 which lessens the environmental impact, except that any such 1885 modification does not extend the time limit beyond 2 additional 1886 years. 1887 (6) This section does not impair the authority of a county 1888 or municipality to require the owner of a property who has 1889 notified the county or municipality of the owner’s intent to 1890 receive the extension of time granted pursuant to this section 1891 to maintain and secure the property in a safe and sanitary 1892 condition in compliance with applicable laws and ordinances. 1893 Section 47. Part XIV of chapter 288, Florida Statutes, 1894 consisting of ss. 288.993-288.9937, is created and entitled 1895 “Microfinance Programs.” 1896 Section 48. Section 288.993, Florida Statutes, is created 1897 to read: 1898 288.993 Short title.—This part may be cited as the “Florida 1899 Microfinance Act.” 1900 Section 49. Section 288.9931, Florida Statutes, is created 1901 to read: 1902 288.9931 Legislative findings and intent.—The Legislature 1903 finds that the ability of entrepreneurs and small businesses to 1904 access capital is vital to the overall health and growth of this 1905 state’s economy; however, access to capital is limited by the 1906 lack of available credit for entrepreneurs and small businesses 1907 in this state. The Legislature further finds that entrepreneurs 1908 and small businesses could be assisted through the creation of a 1909 program that will provide an avenue for entrepreneurs and small 1910 businesses in this state to access credit. Additionally, the 1911 Legislature finds that business management training, business 1912 development training, and technical assistance are necessary to 1913 ensure that entrepreneurs and small businesses that receive 1914 credit develop the skills necessary to grow and achieve long 1915 term financial stability. The Legislature intends to expand job 1916 opportunities for this state’s workforce by expanding access to 1917 credit to entrepreneurs and small businesses. Furthermore, the 1918 Legislature intends to avoid duplicating existing programs and 1919 to coordinate, assist, augment, and improve access to those 1920 programs for entrepreneurs and small businesses in this state. 1921 Section 50. Section 288.9932, Florida Statutes, is created 1922 to read: 1923 288.9932 Definitions.—As used in this part, the term: 1924 (1) “Applicant” means an entrepreneur or small business 1925 that applies to a loan administrator for a microloan. 1926 (2) “Domiciled in this state” means authorized to do 1927 business in this state and located in this state. 1928 (3) “Entrepreneur” means an individual residing in this 1929 state who desires to assume the risk of organizing, managing, 1930 and operating a small business in this state. 1931 (4) “Network” means the Florida Small Business Development 1932 Center Network. 1933 (5) “Small business” means a business, regardless of 1934 corporate structure, domiciled in this state which employs 25 or 1935 fewer people and generated average annual gross revenues of $1.5 1936 million or less per year for the preceding 2 years. For the 1937 purposes of this part, the identity of a small business is not 1938 affected by name changes or changes in personnel. 1939 Section 51. Section 288.9933, Florida Statutes, is created 1940 to read: 1941 288.9933 Rulemaking authority.—The department may adopt 1942 rules to implement this part. 1943 Section 52. Section 288.9934, Florida Statutes, is created 1944 to read: 1945 288.9934 Microfinance Loan Program.— 1946 (1) PURPOSE.—The Microfinance Loan Program is established 1947 in the department to make short-term, fixed-rate microloans in 1948 conjunction with business management training, business 1949 development training, and technical assistance to entrepreneurs 1950 and newly established or growing small businesses for start-up 1951 costs, working capital, and the acquisition of materials, 1952 supplies, furniture, fixtures, and equipment. Participation in 1953 the loan program is intended to enable entrepreneurs and small 1954 businesses to access private financing upon completing the loan 1955 program. 1956 (2) DEFINITION.—As used in this section, the term “loan 1957 administrator” means an entity that enters into a contract with 1958 the department pursuant to this section to administer the loan 1959 program. 1960 (3) REQUEST FOR PROPOSAL.— 1961 (a) By December 1, 2014, the department shall contract with 1962 at least one but not more than three entities to administer the 1963 loan program for a term of 3 years. The department shall award 1964 the contract in accordance with the request for proposal 1965 requirements in s. 287.057 to an entity that: 1966 1. Is a corporation registered in this state; 1967 2. Does not offer checking accounts or savings accounts; 1968 3. Demonstrates that its board of directors and managers 1969 are experienced in microlending and small business finance and 1970 development; 1971 4. Demonstrates that it has the technical skills and 1972 sufficient resources and expertise to: 1973 a. Analyze and evaluate applications by entrepreneurs and 1974 small businesses applying for microloans; 1975 b. Underwrite and service microloans provided pursuant to 1976 this part; and 1977 c. Coordinate the provision of such business management 1978 training, business development training, and technical 1979 assistance as required by this part. 1980 5. Demonstrates that it has established viable, existing 1981 partnerships with public and private nonstate funding sources, 1982 economic development agencies, and workforce development and job 1983 referral networks; and 1984 6. Demonstrates that it has a plan that includes proposed 1985 microlending activities under the loan program, including, but 1986 not limited to, the types of entrepreneurs and businesses to be 1987 assisted and the size and range of loans the loan administrator 1988 intends to make. 1989 (b) To ensure that prospective loan administrators meet the 1990 requirements of subparagraphs (a)2.-6., the request for proposal 1991 must require submission of the following information: 1992 1. A description of the types of entrepreneurs and small 1993 businesses the loan administrator has assisted in the past, and 1994 the average size and terms of loans made in the past to such 1995 entities; 1996 2. A description of the experience of members of the board 1997 of directors and managers in the areas of microlending and small 1998 business finance and development; 1999 3. A description of the loan administrator’s underwriting 2000 and credit policies and procedures, credit decisionmaking 2001 process, monitoring policies and procedures, and collection 2002 practices, and samples of any currently used loan documentation; 2003 4. A description of the nonstate funding sources that will 2004 be used by the loan administrator in conjunction with the state 2005 funds to make microloans pursuant to this section; 2006 5. The loan administrator’s three most recent financial 2007 audits or, if no prior audits have been completed, the loan 2008 administrator’s three most recent unaudited financial 2009 statements; and 2010 6. A conflict of interest statement from the loan 2011 administrator’s board of directors certifying that a board 2012 member, employee, or agent, or an immediate family member 2013 thereof, or any other person connected to or affiliated with the 2014 loan administrator, is not receiving or will not receive any 2015 type of compensation or remuneration from an entrepreneur or 2016 small business that has received or will receive funds from the 2017 loan program. The department may waive this requirement for good 2018 cause shown. As used in this subparagraph, the term “immediate 2019 family” means a parent, child, or spouse, or any other relative 2020 by blood, marriage, or adoption, of a board member, employee, or 2021 agent of the loan administrator. 2022 (4) CONTRACT AND AWARD OF FUNDS.— 2023 (a) The selected loan administrator must enter into a 2024 contract with the department for a term of 3 years to receive 2025 state funds for the loan program. Funds appropriated to the 2026 program must be reinvested and maintained as a long-term and 2027 stable source of funding for the program. The amount of state 2028 funds used in any microloan made pursuant to this part may not 2029 exceed 50 percent of the total microloan amount. The department 2030 shall establish financial performance measures and objectives 2031 for the loan program and for the loan administrator in order to 2032 maximize the state funds awarded. 2033 (b) State funds may be used only to provide direct 2034 microloans to entrepreneurs and small businesses according to 2035 the limitations, terms, and conditions provided in this part. 2036 Except as provided in subsection (5), state funds may not be 2037 used to pay administrative costs, underwriting costs, servicing 2038 costs, or any other costs associated with providing microloans, 2039 business management training, business development training, or 2040 technical assistance. 2041 (c) The loan administrator shall reserve 10 percent of the 2042 total award amount from the department to provide microloans 2043 pursuant to this part to entrepreneurs and small businesses that 2044 employ no more than five people and generate annual gross 2045 revenues averaging no more than $250,000 per year for the last 2 2046 years. 2047 (d)1. If the loan program is appropriated funding in a 2048 fiscal year, the department shall distribute such funds to the 2049 loan administrator within 30 days of the execution of the 2050 contract by the department and the loan administrator. 2051 2. The total amount of funding allocated to the loan 2052 administrator in a fiscal year may not exceed the amount 2053 appropriated for the loan program in the same fiscal year. If 2054 the funds appropriated to the loan program in a fiscal year 2055 exceed the amount of state funds received by the loan 2056 administrator, such excess funds shall revert to the General 2057 Revenue Fund. 2058 (e) Within 30 days of executing its contract with the 2059 department, the loan administrator must enter into a memorandum 2060 of understanding with the network: 2061 1. For the provision of business management training, 2062 business development training, and technical assistance to 2063 entrepreneurs and small businesses that receive microloans under 2064 this part; and 2065 2. To promote the program to underserved entrepreneurs and 2066 small businesses. 2067 (f) By September 1, 2014, the department shall review 2068 industry best practices and determine the minimum business 2069 management training, business development training, and 2070 technical assistance that must be provided by the network to 2071 achieve the goals of this part. 2072 (g) The loan administrator must meet the requirements of 2073 this section, the terms of its contract with the department, and 2074 any other applicable state or federal laws to be eligible to 2075 receive funds in any fiscal year. The contract with the loan 2076 administrator must specify any sanctions for the loan 2077 administrator’s failure to comply with the contract or this 2078 part. 2079 (5) FEES.— 2080 (a) Except as provided in this section, the department may 2081 not charge fees or interest or require collateral from the loan 2082 administrator. The department may charge an annual fee or 2083 interest of up to 80 percent of the Federal Funds Rate as of the 2084 date specified in the contract for state funds received under 2085 the loan program. The department shall require as collateral an 2086 assignment of the notes receivable of the microloans made by the 2087 loan administrator under the loan program. 2088 (b) The loan administrator is entitled to retain a one-time 2089 administrative servicing fee of 1 percent of the total award 2090 amount to offset the administrative costs of underwriting and 2091 servicing microloans made pursuant to this part. This fee may 2092 not be charged to or paid by microloan borrowers participating 2093 in the loan program. Except as provided in subsection (7)(c), 2094 the loan administrator may not be required to return this fee to 2095 the department. 2096 (c) The loan administrator may not charge interest, fees, 2097 or costs except as authorized in subsection (9). 2098 (d) Except as provided in subsection (7), the loan 2099 administrator is not required to return the interest, fees, or 2100 costs authorized under subsection (9). 2101 (6) REPAYMENT OF AWARD FUNDS.— 2102 (a) After collecting interest and any fees or costs 2103 permitted under this section in satisfaction of all microloans 2104 made pursuant to this part, the loan administrator shall remit 2105 to the department the microloan principal collected from all 2106 microloans made with state funds received under this part. 2107 Repayment of microloan principal to the department may be 2108 deferred by the department for a period not to exceed 6 months; 2109 however, the loan administrator may not provide a microloan 2110 under this part after the contract with the department expires. 2111 (b) If for any reason the loan administrator is unable to 2112 make repayments to the department in accordance with the 2113 contract, the department may accelerate maturity of the state 2114 funds awarded and demand repayment in full. In this event, or if 2115 a loan administrator violates this part or the terms of its 2116 contract, the loan administrator shall surrender to the 2117 department possession of all collateral required pursuant to 2118 subsection (5). Any loss or deficiency greater than the value of 2119 the collateral may be recovered by the department from the loan 2120 administrator. 2121 (c) In the event of a default as specified in the contract, 2122 termination of the contract, or violation of this section, the 2123 state may, in addition to any other remedy provided by law, 2124 bring suit to enforce its interest. 2125 (d) A microloan borrower’s default does not relieve the 2126 loan administrator of its obligation to repay an award to the 2127 department. 2128 (7) CONTRACT TERMINATION.— 2129 (a) The loan administrator’s contract with the department 2130 may be terminated by the department, and the loan administrator 2131 required to immediately return all state funds awarded, 2132 including any interest, fees, and costs it would otherwise be 2133 entitled to retain pursuant to subsection (5) for that fiscal 2134 year, upon a finding by the department that: 2135 1. The loan administrator has, within the previous 5 years, 2136 participated in a state-funded economic development program in 2137 this or any other state and was found to have failed to comply 2138 with the requirements of that program; 2139 2. The loan administrator is currently in material 2140 noncompliance with any statute, rule, or program administered by 2141 the department; 2142 3. The loan administrator or any member of its board of 2143 directors, officers, partners, managers, or shareholders has 2144 pled no contest or been found guilty, regardless of whether 2145 adjudication was withheld, of any felony or any misdemeanor 2146 involving fraud, misrepresentation, or dishonesty; 2147 4. The loan administrator failed to meet or agree to the 2148 terms of the contract with the department or failed to meet this 2149 part; or 2150 5. The department finds that the loan administrator 2151 provided fraudulent or misleading information to the department. 2152 (b) The loan administrator’s contract with the department 2153 may be terminated by the department at any time for any reason 2154 upon 30 days’ notice by the department. In such a circumstance, 2155 the loan administrator shall return all awarded state funds to 2156 the department within 60 days of the termination. However, the 2157 loan administrator may retain any interest, fees, or costs it 2158 has collected pursuant to subsection (5). 2159 (c) The loan administrator’s contract with the department 2160 may be terminated by the loan administrator at any time for any 2161 reason upon 30 days’ notice by the loan administrator. In such a 2162 circumstance, the loan administrator shall return all awarded 2163 state funds to the department, including any interest, fees, and 2164 costs it has retained or would otherwise be entitled to retain 2165 pursuant to subsection (5), within 30 days of the termination. 2166 (8) AUDITS AND REPORTING.— 2167 (a) The loan administrator shall annually submit to the 2168 department a financial audit performed by an independent 2169 certified public accountant and an operational performance audit 2170 for the most recently completed fiscal year. Both audits must 2171 indicate whether any material weakness or instances of material 2172 noncompliance are indicated in the audit. 2173 (b) The loan administrator shall submit quarterly reports 2174 to the department as required by s. 288.9936(3). 2175 (c) The loan administrator shall make its books and records 2176 related to the loan program available to the department or its 2177 designee for inspection upon reasonable notice. 2178 (9) ELIGIBILITY AND APPLICATION.— 2179 (a) To be eligible for a microloan, an applicant must, at a 2180 minimum, be an entrepreneur or small business located in this 2181 state. 2182 (b) Microloans may not be made if the direct or indirect 2183 purpose or result of granting the microloan would be to: 2184 1. Pay off any creditors of the applicant, including the 2185 refund of a debt owed to a small business investment company 2186 organized pursuant to 15 U.S.C. s. 681; 2187 2. Provide funds, directly or indirectly, for payment, 2188 distribution, or as a microloan to owners, partners, or 2189 shareholders of the applicant’s business, except as ordinary 2190 compensation for services rendered; 2191 3. Finance the acquisition, construction, improvement, or 2192 operation of real property which is, or will be, held primarily 2193 for sale or investment; 2194 4. Pay for lobbying activities; or 2195 5. Replenish funds used for any of the purposes specified 2196 in subparagraphs 1.-4. 2197 (c) A microloan applicant shall submit a written 2198 application in the format prescribed by the loan administrator 2199 and shall pay an application fee not to exceed $50 to the loan 2200 administrator. 2201 (d) The following minimum terms apply to a microloan made 2202 by the loan administrator: 2203 1. The amount of a microloan may not exceed $50,000; 2204 2. A borrower may not receive more than $75,000 per year in 2205 total microloans; 2206 3. A borrower may not receive more than two microloans per 2207 year and may not receive more than five microloans in any 3-year 2208 period; 2209 4. The proceeds of the microloan may be used only for 2210 startup costs, working capital, and the acquisition of 2211 materials, supplies, furniture, fixtures, and equipment; 2212 5. The period of any microloan may not exceed 1 year; 2213 6. The interest rate may not exceed the prime rate 2214 published in the Wall Street Journal as of the date specified in 2215 the microloan, plus 1000 basis points; 2216 7. All microloans must be personally guaranteed; 2217 8. The borrower must participate in business management 2218 training, business development training, and technical 2219 assistance as determined by the loan administrator in the 2220 microloan agreement; 2221 9. The borrower shall provide such information as required 2222 by the loan administrator, including monthly job creation and 2223 financial data, in the manner prescribed by the loan 2224 administrator; and 2225 10. The loan administrator may collect fees for late 2226 payments which are consistent with standard business lending 2227 practices and may recover costs and fees incurred for any 2228 collection efforts necessitated by a borrower’s default. 2229 (e) The department may not review microloans made by the 2230 loan administrator pursuant to this part before approval of the 2231 loan by the loan administrator. 2232 (10) STATEWIDE STRATEGIC PLAN.—In implementing this 2233 section, the department shall be guided by the 5-year statewide 2234 strategic plan adopted pursuant to s. 20.60(5). The department 2235 shall promote and advertise the loan program by, among other 2236 things, cooperating with government, nonprofit, and private 2237 industry to organize, host, or participate in seminars and other 2238 forums for entrepreneurs and small businesses. 2239 (11) STUDY.—By December 31, 2014, the department shall 2240 commence or commission a study to identify methods and best 2241 practices that will increase access to credit to entrepreneurs 2242 and small businesses in this state. The study must also explore 2243 the ability of, and limitations on, Florida nonprofit 2244 organizations and private financial institutions to expand 2245 access to credit to entrepreneurs and small businesses in this 2246 state. 2247 (12) CREDIT OF THE STATE.—With the exception of funds 2248 appropriated to the loan program by the Legislature, the credit 2249 of the state may not be pledged. The state is not liable or 2250 obligated in any way for claims on the loan program or against 2251 the loan administrator or the department. 2252 Section 53. Section 288.9935, Florida Statutes, is created 2253 to read: 2254 288.9935 Microfinance Guarantee Program.— 2255 (1) The Microfinance Guarantee Program is established in 2256 the department. The purpose of the program is to stimulate 2257 access to credit for entrepreneurs and small businesses in this 2258 state by providing targeted guarantees to loans made to such 2259 entrepreneurs and small businesses. Funds appropriated to the 2260 program must be reinvested and maintained as a long-term and 2261 stable source of funding for the program. 2262 (2) As used in this section, the term “lender” means a 2263 financial institution as defined in s. 655.005. 2264 (3) The department must enter into a contract with 2265 Enterprise Florida, Inc., to administer the Microfinance 2266 Guarantee Program. In administering the program, Enterprise 2267 Florida, Inc., must, at a minimum: 2268 (a) Establish lender and borrower eligibility requirements 2269 in addition to those provided in this section; 2270 (b) Determine a reasonable leverage ratio of loan amounts 2271 guaranteed to state funds; however, the leverage ratio may not 2272 exceed 3 to 1; 2273 (c) Establish reasonable fees and interest; 2274 (d) Promote the program to financial institutions that 2275 provide loans to entrepreneurs and small businesses in order to 2276 maximize the number of lenders throughout the state which 2277 participate in the program; 2278 (e) Enter into a memorandum of understanding with the 2279 network to promote the program to underserved entrepreneurs and 2280 small businesses; 2281 (f) Establish limits on the total amount of loan guarantees 2282 a single lender can receive; 2283 (g) Establish an average loan guarantee amount for loans 2284 guaranteed under this section; 2285 (h) Establish a risk-sharing strategy to be employed in the 2286 event of a loan failure; and 2287 (i) Establish financial performance measures and objectives 2288 for the program in order to maximize the state funds. 2289 (4) Enterprise Florida, Inc., is limited to providing loan 2290 guarantees for loans with total loan amounts of at least $50,000 2291 and not more than $250,000. A loan guarantee may not exceed 50 2292 percent of the total loan amount. 2293 (5) Enterprise Florida, Inc., may not guarantee a loan if 2294 the direct or indirect purpose or result of the loan would be 2295 to: 2296 (a) Pay off any creditors of the applicant, including the 2297 refund of a debt owed to a small business investment company 2298 organized pursuant to 15 U.S.C. s. 681; 2299 (b) Provide funds, directly or indirectly, for payment, 2300 distribution, or as a loan to owners, partners, or shareholders 2301 of the applicant’s business, except as ordinary compensation for 2302 services rendered; 2303 (c) Finance the acquisition, construction, improvement, or 2304 operation of real property which is, or will be, held primarily 2305 for sale or investment; 2306 (d) Pay for lobbying activities; or 2307 (e) Replenish funds used for any of the purposes specified 2308 in paragraphs (a) through (d). 2309 (6) Enterprise Florida, Inc., may not use funds 2310 appropriated from the state for costs associated with 2311 administering the guarantee program. 2312 (7) To be eligible to receive a loan guarantee under the 2313 Microfinance Guarantee Program, a borrower must, at a minimum: 2314 (a) Be an entrepreneur or small business located in this 2315 state; 2316 (b) Employ 25 or fewer people; 2317 (c) Generate average annual gross revenues of $1.5 million 2318 or less per year for the last 2 years; and 2319 (d) Meet any additional requirements established by 2320 Enterprise Florida, Inc. 2321 (8) By October 1 of each year, Enterprise Florida, Inc., 2322 shall submit a complete and detailed annual report to the 2323 department for inclusion in the department’s report required 2324 under s. 20.60(10). The report must, at a minimum, provide: 2325 (a) A comprehensive description of the program, including 2326 an evaluation of its application and guarantee activities, 2327 recommendations for change, and identification of any other 2328 state programs that overlap with the program; 2329 (b) An assessment of the current availability of and access 2330 to credit for entrepreneurs and small businesses in this state; 2331 (c) A summary of the financial and employment results of 2332 the entrepreneurs and small businesses receiving loan 2333 guarantees, including the number of full-time equivalent jobs 2334 created as a result of the guaranteed loans and the amount of 2335 wages paid to employees in the newly created jobs; 2336 (d) Industry data about the borrowers, including the six 2337 digit North American Industry Classification System (NAICS) 2338 code; 2339 (e) The name and location of lenders that receive loan 2340 guarantees; 2341 (f) The amount of state funds received by Enterprise 2342 Florida, Inc.; 2343 (g) The number of loan guarantee applications received; 2344 (h) The number, duration, location, and amount of 2345 guarantees made; 2346 (i) The number and amount of guaranteed loans outstanding, 2347 if any; 2348 (j) The number and amount of guaranteed loans with payments 2349 overdue, if any; 2350 (k) The number and amount of guaranteed loans in default, 2351 if any; 2352 (l) The repayment history of the guaranteed loans made; and 2353 (m) An evaluation of the program’s ability to meet the 2354 financial performance measures and objectives specified in 2355 subsection (3). 2356 (9) The credit of the state or Enterprise Florida, Inc., 2357 may not be pledged except for funds appropriated by law to the 2358 Microfinance Guarantee Program. The state is not liable or 2359 obligated in any way for claims on the program or against 2360 Enterprise Florida, Inc., or the department. 2361 Section 54. Section 288.9936, Florida Statutes, is created 2362 to read: 2363 288.9936 Annual report of the Microfinance Loan Program.— 2364 (1) The department shall include in the report required by 2365 s. 20.60(10) a complete and detailed annual report on the 2366 Microfinance Loan Program. The report must include: 2367 (a) A comprehensive description of the program, including 2368 an evaluation of its application and funding activities, 2369 recommendations for change, and identification of any other 2370 state programs that overlap with the program; 2371 (b) The financial institutions and the public and private 2372 organizations and individuals participating in the program; 2373 (c) An assessment of the current availability of and access 2374 to credit for entrepreneurs and small businesses in this state; 2375 (d) A summary of the financial and employment results of 2376 the entities receiving microloans; 2377 (e) The number of full-time equivalent jobs created as a 2378 result of the microloans and the amount of wages paid to 2379 employees in the newly created jobs; 2380 (f) The number and location of prospective loan 2381 administrators that responded to the department request for 2382 proposals; 2383 (g) The amount of state funds received by the loan 2384 administrator; 2385 (h) The number of microloan applications received by the 2386 loan administrator; 2387 (i) The number, duration, and location of microloans made 2388 by the loan administrator, including the aggregate number of 2389 microloans made to minority business enterprises if available; 2390 (j) The number and amount of microloans outstanding, if 2391 any; 2392 (k) The number and amount of microloans with payments 2393 overdue, if any; 2394 (l) The number and amount of microloans in default, if any; 2395 (m) The repayment history of the microloans made; 2396 (n) The repayment history and performance of funding 2397 awards; 2398 (o) An evaluation of the program’s ability to meet the 2399 financial performance measures and objectives specified in s. 2400 288.9934; and 2401 (p) A description and evaluation of the technical 2402 assistance and business management and development training 2403 provided by the network pursuant to its memorandum of 2404 understanding with the loan administrator. 2405 (2) The department shall submit the report provided to the 2406 department from Enterprise Florida, Inc., pursuant to 2407 288.9935(7) for inclusion in the department’s annual report 2408 required under s. 20.60(10). 2409 (3) The department shall require at least quarterly reports 2410 from the loan administrator. The loan administrator’s report 2411 must include, at a minimum, the number of microloan applications 2412 received, the number of microloans made, the amount and interest 2413 rate of each microloan made, the amount of technical assistance 2414 or business development and management training provided, the 2415 number of full-time equivalent jobs created as a result of the 2416 microloans, the amount of wages paid to employees in the newly 2417 created jobs, the six-digit North American Industry 2418 Classification System (NAICS) code associated with the 2419 borrower’s business, and the borrower’s locations. 2420 (4) The Office of Program Policy Analysis and Government 2421 Accountability shall conduct a study to evaluate the 2422 effectiveness and return on investment of the State Small 2423 Business Credit Initiative operated in this state pursuant to 12 2424 U.S.C. ss. 5701 et seq. The office shall submit a report to the 2425 President of the Senate and the Speaker of the House of 2426 Representatives by January 1, 2015. 2427 Section 55. Section 288.9937, Florida Statutes, is created 2428 to read: 2429 288.9937 Evaluation of programs.—The Office of Program 2430 Policy Analysis and Government Accountability shall analyze, 2431 evaluate, and determine the economic benefits, as defined in s. 2432 288.005, of the first 3 years of the Microfinance Loan Program 2433 and the Microfinance Guarantee Program. The analysis must also 2434 evaluate the number of jobs created, the increase or decrease in 2435 personal income, and the impact on state gross domestic product 2436 from the direct, indirect, and induced effects of the state’s 2437 investment. The analysis must also identify any inefficiencies 2438 in the programs and provide recommendations for changes to the 2439 programs. The office shall submit a report to the President of 2440 the Senate and the Speaker of the House of Representatives by 2441 January 1, 2018. This section expires January 31, 2018. 2442 Section 56. (1) The executive director of the Department of 2443 Economic Opportunity is authorized, and all conditions are 2444 deemed to be met, to adopt emergency rules pursuant to ss. 2445 120.536(1) and 120.54(4), Florida Statutes, for the purpose of 2446 implementing this act. 2447 (2) Notwithstanding any other provision of law, the 2448 emergency rules adopted pursuant to subsection (1) remain in 2449 effect for 6 months after adoption and may be renewed during the 2450 pendency of procedures to adopt permanent rules addressing the 2451 subject of the emergency rules. 2452 (3) This section shall expire October 1, 2015. 2453 Section 57. For the 2014-2015 fiscal year, the sum of $10 2454 million in nonrecurring funds from the General Revenue Fund is 2455 appropriated to the Department of Economic Opportunity to 2456 implement this act. From these nonrecurring funds, the 2457 Department of Economic Opportunity and Enterprise Florida, Inc., 2458 may spend up to $100,000 to market and promote the programs 2459 created in this act. For the 2014-2015 fiscal year, one full 2460 time equivalent position is authorized with 55,000 of salary 2461 rate, and $64,759 of recurring funds and $3,018 of nonrecurring 2462 funds from the State Economic Enhancement and Development Trust 2463 Fund, $12,931 of recurring funds and $604 of nonrecurring funds 2464 from the Tourism Promotional Trust Fund, and $3,233 of recurring 2465 funds and $151 of nonrecurring funds from the Florida 2466 International Trade and Promotion Trust Fund are appropriated to 2467 the Department of Economic Opportunity to implement this act. 2468 Section 58. This act shall take effect July 1, 2014. 2469 ================= T I T L E A M E N D M E N T ================ 2470 And the title is amended as follows: 2471 Delete everything before the enacting clause 2472 and insert: 2473 A bill to be entitled 2474 An act relating to economic development; amending s. 2475 163.3202, F.S.; requiring each county and municipality 2476 to adopt and enforce land development regulations in 2477 accordance with the submitted comprehensive plan; 2478 amending s. 212.098, F.S.; providing a sales tax 2479 refund for purchases of electricity by certain 2480 eligible businesses; providing an annual cap on the 2481 total amount of tax refunds that may be approved; 2482 authorizing the Department of Revenue to adopt rules; 2483 amending s. 288.0001, F.S.; requiring an analysis of 2484 the New Markets Development Program in the Economic 2485 Development Programs Evaluation; amending s. 288.005, 2486 F.S.; defining terms; creating s. 288.006, F.S.; 2487 providing requirements for loan programs relating to 2488 accountability and proper stewardship of funds; 2489 authorizing the Auditor General to conduct audits for 2490 a specified purpose; authorizing the department to 2491 adopt rules; amending s. 288.061, F.S.; deleting an 2492 incorrect cross-reference; amending s. 288.8013, F.S.; 2493 clarifying that the Auditor General’s annual audit of 2494 the Recovery Fund and Triumph Gulf Coast, Inc., is a 2495 performance audit; amending s. 288.8014, F.S.; 2496 providing that terms of the initial appointments to 2497 the board of directors of Triumph Gulf Coast, Inc., 2498 begin after the Legislature appropriates funds to the 2499 Recovery Fund; providing initial appointment term 2500 limits; providing that the audit by the retained 2501 independent certified public accountant is annual; 2502 amending s. 288.987, F.S.; increasing the amount of 2503 funds that may be spent on staffing and administrative 2504 expenses of the Florida Defense Support Task Force; 2505 amending s. 290.0411, F.S.; revising legislative 2506 intent for purposes of the Florida Small Cities 2507 Community Development Block Grant Program; amending s. 2508 290.044, F.S.; requiring the Department of Economic 2509 Opportunity to adopt rules establishing a competitive 2510 selection process for loan guarantees and grants 2511 awarded under the block grant program; revising the 2512 criteria for the award of grants; amending s. 290.046, 2513 F.S.; revising limits on the number of grants that an 2514 applicant may apply for and receive; revising the 2515 requirement that the department conduct a site visit 2516 before awarding a grant; requiring the department to 2517 rank applications according to criteria established by 2518 rule and to distribute funds according to the 2519 rankings; revising scoring factors to consider in 2520 ranking applications; revising requirements for public 2521 hearings; providing that the creation of a citizen 2522 advisory task force is discretionary, rather than 2523 required; deleting a requirement that a local 2524 government obtain consent from the department for an 2525 alternative citizen participation plan; amending s. 2526 290.047, F.S.; revising the maximum amount and 2527 percentage of block grant funds that may be spent on 2528 certain costs and expenses; amending s. 290.0475, 2529 F.S.; conforming provisions to changes made by the 2530 act; amending s. 290.048, F.S.; deleting a provision 2531 authorizing the department to adopt and enforce strict 2532 requirements concerning an applicant’s written 2533 description of a service area; amending s. 331.3051, 2534 F.S.; requiring Space Florida to consult with the 2535 Florida Tourism Industry Marketing Corporation, rather 2536 than with Enterprise Florida, Inc., in developing a 2537 space tourism marketing plan; authorizing Space 2538 Florida to enter into an agreement with the 2539 corporation, rather than with Enterprise Florida, 2540 Inc., for a specified purpose; revising the research 2541 and development duties of Space Florida; creating s. 2542 331.371, F.S.; authorizing the Department of 2543 Transportation to fund strategic spaceport launch 2544 support facilities investment projects under certain 2545 conditions; repealing s. 443.036(26), F.S., relating 2546 to the definition of the term “initial skills review”; 2547 amending s. 443.091, F.S.; deleting the requirement 2548 that an unemployed individual take an initial skill 2549 review before he or she is eligible to receive 2550 reemployment assistance benefits; requiring the 2551 department to make available for such individual a 2552 voluntary online assessment that identifies an 2553 individual’s skills, abilities, and career aptitude; 2554 requiring information from such assessment to be made 2555 available to certain groups; revising the requirement 2556 that the department offer certain training 2557 opportunities; amending s. 443.1116, F.S.; defining 2558 the term “employer sponsored training”; revising the 2559 requirements for a short-term compensation plan to be 2560 approved by the department; revising the treatment of 2561 fringe benefits in such plan; requiring an employer to 2562 describe the manner in which the employer will 2563 implement the plan; requiring the director to approve 2564 the plan if it is consistent with employer obligations 2565 under law; prohibiting the department from denying 2566 short-time compensation benefits to certain 2567 individuals; amending s. 443.141, F.S.; providing an 2568 employer payment schedule for specified years’ 2569 contributions to the Unemployment Compensation Trust 2570 Fund; providing applicability; amending s. 443.151, 2571 F.S.; requiring the department to provide an alternate 2572 means for filing claims when the approved electronic 2573 method is unavailable; amending ss. 125.271, 163.3177, 2574 163.3187, 163.3246, 211.3103, 212.098, 218.67, F.S.; 2575 renaming “rural areas of critical economic concern” as 2576 “rural areas of opportunity”; amending s. 288.018, 2577 F.S.; revising the maximum amount of grants that may 2578 be awarded; renaming “rural areas of critical economic 2579 concern” as “rural areas of opportunity”; amending ss. 2580 288.065, 288.0655, 288.0656, 288.1088, 288.1089, 2581 290.0055, 339.2819, 339.63, 373.4595, and 380.06, 2582 F.S.; renaming “rural areas of critical economic 2583 concern” as “rural areas of opportunity”; amending s. 2584 380.0651, F.S.; renaming “rural areas of critical 2585 economic concern” as “rural areas of opportunity”; 2586 adding a circumstance under which the requirement that 2587 two or more developments be aggregated and treated as 2588 a single development is inapplicable; amending ss. 2589 985.686 and 1011.76, F.S.; renaming “rural areas of 2590 critical economic concern” as “rural areas of 2591 opportunity”; amending ss. 215.425 and 443.1216, F.S.; 2592 conforming cross-references to changes made by the 2593 act; extending and renewing building permits and 2594 certain permits issued by the Department of 2595 Environmental Protection or a water management 2596 district, including any local government-issued 2597 development order or building permit issued pursuant 2598 thereto; limiting certain permit extensions to a 2599 specified period of time; extending commencement and 2600 completion dates for required mitigation associated 2601 with a phased construction project; requiring the 2602 holder of an extended permit or authorization to 2603 provide notice to the authorizing agency; providing 2604 exceptions to the extension and renewal of such 2605 permits; providing that extended permits are governed 2606 by certain rules; providing applicability; creating 2607 Part XIV of ch. 288, F.S., consisting of ss. 288.993 2608 288.9937, F.S., relating to microfinance programs; 2609 creating s. 288.993, F.S.; providing a short title; 2610 creating s. 288.9931, F.S.; providing legislative 2611 findings and intent; creating s. 288.9932, F.S.; 2612 defining terms; creating s. 288.9933, F.S.; 2613 authorizing the Department of Economic Opportunity to 2614 adopt rules to implement this part; creating s. 2615 288.9934, F.S.; establishing the Microfinance Loan 2616 Program; providing a purpose; defining the term “loan 2617 administrator”; requiring the Department of Economic 2618 Opportunity to contract with at least one entity to 2619 administer the program; requiring the loan 2620 administrator to contract with the department to 2621 receive an award of funds; providing other terms and 2622 conditions to receiving funds; specifying fees 2623 authorized to be charged by the department and the 2624 loan administrator; requiring the loan administrator 2625 to remit the microloan principal collected from all 2626 microloans made with state funds received by the loan 2627 administrator; providing for contract termination; 2628 providing for auditing and reporting; requiring 2629 applicants for funds from the Microfinance Loan 2630 Program to meet certain qualifications; requiring the 2631 department to be guided by the 5-year statewide 2632 strategic plan and to advertise and promote the loan 2633 program; requiring the department to perform a study 2634 on methods and best practices to increase the 2635 availability of and access to credit in this state; 2636 prohibiting the pledging of the credit of the state; 2637 authorizing the department to adopt rules; creating s. 2638 288.9935, F.S.; establishing the Microfinance 2639 Guarantee Program; defining the term “lender”; 2640 requiring the department to contract with Enterprise 2641 Florida, Inc., to administer the program; prohibiting 2642 Enterprise Florida, Inc., from guaranteeing certain 2643 loans; requiring borrowers to meet certain conditions 2644 before receiving a loan guarantee; requiring 2645 Enterprise Florida, Inc., to submit an annual report 2646 to the department; prohibiting the pledging of the 2647 credit of the state or Enterprise Florida, Inc.; 2648 creating s. 288.9936, F.S.; requiring the department 2649 to report annually on the Microfinance Loan Program; 2650 requiring the Office of Program Policy Analysis and 2651 Government Accountability to report on the 2652 effectiveness of the State Small Business Credit 2653 Initiative; creating s. 288.9937, F.S.; requiring the 2654 Office of Program Policy Analysis and Government 2655 Accountability to evaluate and report on the 2656 Microfinance Loan Program and the Microfinance 2657 Guarantee Program by a specified date; authorizing the 2658 executive director of the Department of Economic 2659 Opportunity to adopt emergency rules; providing an 2660 appropriation to the Department of Economic 2661 Opportunity; authorizing the Department of Economic 2662 Opportunity and Enterprise Florida, Inc., to spend a 2663 specified amount for marketing and promotional 2664 purposes; authorizing and providing an appropriation 2665 for one full-time equivalent position; providing an 2666 effective date.