Bill Text: FL S1696 | 2010 | Regular Session | Introduced
Bill Title: Economic Development [CPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Commerce, companion bill(s) passed, see HB 7243 (Ch. 2010-143), CS/CS/SB 1412 (Ch. 2010-102), CS/SB 1752 (Ch. 2010-147) [S1696 Detail]
Download: Florida-2010-S1696-Introduced.html
Florida Senate - 2010 SB 1696 By Senator Garcia 40-01057A-10 20101696__ 1 A bill to be entitled 2 An act relating to economic development; amending s. 3 14.2015, F.S.; deleting the requirement for the Office 4 of Tourism, Trade, and Economic Development to 5 administer the professional golf hall of fame facility 6 program; amending s. 212.20, F.S.; conforming a cross 7 reference to changes made by the act; amending s. 8 288.021, F.S.; replacing an obsolete reference to the 9 Department of Labor and Employment Security within the 10 Agency for Workforce Innovation; amending s. 288.035, 11 F.S.; deleting a requirement that rules adopted by the 12 Public Service Commission authorizing utilities to 13 recover reasonable economic development expenses be 14 consistent with criteria adopted by rules of the 15 Office of Tourism, Trade, and Economic Development or 16 the former Department of Commerce; requiring the 17 commission to provide drafts of proposed amendments to 18 its rules authorizing the recovery of economic 19 development expenses to the office for review and 20 comment; amending s. 288.0655, F.S.; revising the 21 purposes of the Rural Infrastructure Fund; making 22 technical and grammatical changes; amending s. 23 288.1088, F.S.; making technical grammatical changes; 24 amending s. 288.1162, F.S.; deleting obsolete 25 provisions relating to certain certified facilities 26 for sports franchises; amending s. 288.1169, F.S.; 27 deleting obsolete provisions relating to the 28 certification of the International Game and Fish 29 Association World Center facility; amending s. 30 288.1252, F.S.; deleting obsolete provisions relating 31 to the appointment of the initial members of the Film 32 and Entertainment Advisory Council; amending s. 33 288.7091, F.S.; requiring the Black Business 34 Investment Board, Inc., to develop memoranda of 35 understanding with certain state agencies, the Board 36 of Governors of the State University System, and the 37 State Board of Education relating to efforts to expand 38 black business development; amending s. 288.901, F.S.; 39 authorizing staff members of Enterprise Florida, Inc., 40 who are leased from the Department of Management 41 Services to retain their status as state employees; 42 providing for termination of such employee-leasing 43 agreements; amending s. 288.904, F.S.; making 44 technical and grammatical changes; repealing s. 45 288.038, F.S., relating to an authorization for the 46 former Department of Labor and Employment Security to 47 enter into certain agreements with tax collectors; 48 repealing s. 288.1168, F.S., relating to a requirement 49 for the former Department of Commerce to screen and 50 certify an applicant as the professional golf hall of 51 fame facility; repealing s. 288.1185, F.S., relating 52 to the Recycling Markets Advisory Committee; providing 53 an effective date. 54 55 Be It Enacted by the Legislature of the State of Florida: 56 57 Section 1. Paragraph (f) of subsection (2) of section 58 14.2015, Florida Statutes, is amended to read: 59 14.2015 Office of Tourism, Trade, and Economic Development; 60 creation; powers and duties.— 61 (2) The purpose of the Office of Tourism, Trade, and 62 Economic Development is to assist the Governor in working with 63 the Legislature, state agencies, business leaders, and economic 64 development professionals to formulate and implement coherent 65 and consistent policies and strategies designed to provide 66 economic opportunities for all Floridians. To accomplish such 67 purposes, the Office of Tourism, Trade, and Economic Development 68 shall: 69 (f)1. Administer the Florida Enterprise Zone Act under ss. 70 290.001-290.016, the community contribution tax credit program 71 under ss. 220.183 and 624.5105, the tax refund program for 72 qualified target industry businesses under s. 288.106, the tax 73 refund program for qualified defense contractors and space 74 flight business contractors under s. 288.1045, contracts for 75 transportation projects under s. 288.063, the sports franchise 76 facility program under s. 288.1162,the professional golf hall77of fame facility program under s.288.1168,the expedited 78 permitting process under s. 403.973, the Rural Community 79 Development Revolving Loan Fund under s. 288.065, the Regional 80 Rural Development Grants Program under s. 288.018, the Certified 81 Capital Company Act under s. 288.99, the Florida State Rural 82 Development Council, the Rural Economic Development Initiative, 83 and other programs that are specifically assigned to the office 84 by law, by the appropriations process, or by the Governor. 85 Notwithstanding any other provisions of law, the office may 86 expend interest earned from the investment of program funds 87 deposited in the Grants and Donations Trust Fund to contract for 88 the administration of the programs, or portions of the programs, 89 enumerated in this paragraph or assigned to the office by law, 90 by the appropriations process, or by the Governor. Such 91 expenditures shall be subject to review under chapter 216. 92 2. The office may enter into contracts in connection with 93 the fulfillment of its duties concerning the Florida First 94 Business Bond Pool under chapter 159, tax incentives under 95 chapters 212 and 220, tax incentives under the Certified Capital 96 Company Act in chapter 288, foreign offices under chapter 288, 97 the Enterprise Zone program under chapter 290, the Seaport 98 Employment Training program under chapter 311, the Florida 99 Professional Sports Team License Plates under chapter 320, 100 Spaceport Florida under chapter 331, Expedited Permitting under 101 chapter 403, and in carrying out other functions that are 102 specifically assigned to the office by law, by the 103 appropriations process, or by the Governor. 104 Section 2. Paragraph (d) of subsection (6) of section 105 212.20, Florida Statutes, is amended to read: 106 212.20 Funds collected, disposition; additional powers of 107 department; operational expense; refund of taxes adjudicated 108 unconstitutionally collected.— 109 (6) Distribution of all proceeds under this chapter and s. 110 202.18(1)(b) and (2)(b) shall be as follows: 111 (d) The proceeds of all other taxes and fees imposed 112 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) 113 and (2)(b) shall be distributed as follows: 114 1. In any fiscal year, the greater of $500 million, minus 115 an amount equal to 4.6 percent of the proceeds of the taxes 116 collected pursuant to chapter 201, or 5.2 percent of all other 117 taxes and fees imposed pursuant to this chapter or remitted 118 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in 119 monthly installments into the General Revenue Fund. 120 2. After the distribution under subparagraph 1., 8.814 121 percent of the amount remitted by a sales tax dealer located 122 within a participating county pursuant to s. 218.61 shall be 123 transferred into the Local Government Half-cent Sales Tax 124 Clearing Trust Fund. Beginning July 1, 2003, the amount to be 125 transferred shall be reduced by 0.1 percent, and the department 126 shall distribute this amount to the Public Employees Relations 127 Commission Trust Fund less $5,000 each month, which shall be 128 added to the amount calculated in subparagraph 3. and 129 distributed accordingly. 130 3. After the distribution under subparagraphs 1.and 2., 131 0.095 percent shall be transferred to the Local Government Half 132 cent Sales Tax Clearing Trust Fund and distributed pursuant to 133 s. 218.65. 134 4. After the distributions under subparagraphs 1., 2., and 135 3., 2.0440 percent of the available proceeds shall be 136 transferred monthly to the Revenue Sharing Trust Fund for 137 Counties pursuant to s. 218.215. 138 5. After the distributions under subparagraphs 1., 2., and 139 3., 1.3409 percent of the available proceeds shall be 140 transferred monthly to the Revenue Sharing Trust Fund for 141 Municipalities pursuant to s. 218.215. If the total revenue to 142 be distributed pursuant to this subparagraph is at least as 143 great as the amount due from the Revenue Sharing Trust Fund for 144 Municipalities and the former Municipal Financial Assistance 145 Trust Fund in state fiscal year 1999-2000, no municipality shall 146 receive less than the amount due from the Revenue Sharing Trust 147 Fund for Municipalities and the former Municipal Financial 148 Assistance Trust Fund in state fiscal year 1999-2000. If the 149 total proceeds to be distributed are less than the amount 150 received in combination from the Revenue Sharing Trust Fund for 151 Municipalities and the former Municipal Financial Assistance 152 Trust Fund in state fiscal year 1999-2000, each municipality 153 shall receive an amount proportionate to the amount it was due 154 in state fiscal year 1999-2000. 155 6. Of the remaining proceeds: 156 a. In each fiscal year, the sum of $29,915,500 shall be 157 divided into as many equal parts as there are counties in the 158 state, and one part shall be distributed to each county. The 159 distribution among the several counties must begin each fiscal 160 year on or before January 5th and continue monthly for a total 161 of 4 months. If a local or special law required that any moneys 162 accruing to a county in fiscal year 1999-2000 under the then 163 existing provisions of s. 550.135 be paid directly to the 164 district school board, special district, or a municipal 165 government, such payment must continue until the local or 166 special law is amended or repealed. The state covenants with 167 holders of bonds or other instruments of indebtedness issued by 168 local governments, special districts, or district school boards 169 before July 1, 2000, that it is not the intent of this 170 subparagraph to adversely affect the rights of those holders or 171 relieve local governments, special districts, or district school 172 boards of the duty to meet their obligations as a result of 173 previous pledges or assignments or trusts entered into which 174 obligated funds received from the distribution to county 175 governments under then-existing s. 550.135. This distribution 176 specifically is in lieu of funds distributed under s. 550.135 177 before July 1, 2000. 178 b. The department shall distribute $166,667 monthly 179 pursuant to s. 288.1162 to each applicant that has been 180 certified as a “facility for a new professional sports 181 franchise” or a “facility for a retained professional sports 182 franchise” pursuant to s. 288.1162. Up to $41,667 shall be 183 distributed monthly by the department to each applicant that has 184 been certified as a “facility for a retained spring training 185 franchise” pursuant to s. 288.1162; however, not more than 186 $416,670 may be distributed monthly in the aggregate to all 187 certified facilities for a retained spring training franchise. 188 Distributions must begin 60 days following such certification 189 and shall continue for not more than 30 years. This paragraph 190 may not be construed to allow an applicant certified pursuant to 191 s. 288.1162 to receive more in distributions than actually 192 expended by the applicant for the public purposes provided for 193 in s. 288.1162(6). 194 c. Beginning 30 days after notice by the Office of Tourism, 195 Trade, and Economic Development to the Department of Revenue 196 that an applicant has been certified as the professional golf 197 hall of fame pursuant to chapter 93-233, Laws of Florida,s.198288.1168and is open to the public, $166,667 shall be 199 distributed monthly, for up to 300 months, to the applicant. 200 d. Beginning 30 days after notice by the Office of Tourism, 201 Trade, and Economic Development to the Department of Revenue 202 that the applicant has been certified as the International Game 203 Fish Association World Center facility pursuant to s. 288.1169, 204 and the facility is open to the public, $83,333 shall be 205 distributed monthly, for up to 168 months, to the applicant. 206 This distribution is subject to reduction pursuant to s. 207 288.1169. A lump sum payment of $999,996 shall be made, after 208 certification and before July 1, 2000. 209 7. All other proceeds must remain in the General Revenue 210 Fund. 211 Section 3. Section 288.021, Florida Statutes, is amended to 212 read: 213 288.021 Economic development liaison.— 214 (1) The heads of the Department of Transportation, the 215 Department of Environmental Protection and an additional member 216 appointed by the secretary of the department, the Agency for 217 Workforce InnovationDepartment of Labor and Employment218Security, the Department of Education, the Department of 219 Community Affairs, the Department of Management Services, the 220 Department of Revenue, the Fish and Wildlife Conservation 221 Commission, each water management district, and each Department 222 of Transportation District office shall designate a high-level 223 staff member from within such agency to serve as the economic 224 development liaison for the agency. This person shall report to 225 the agency head and have general knowledge both of the state’s 226 permitting and other regulatory functions and of the state’s 227 economic goals, policies, and programs. This person shall also 228 be the primary point of contact for the agency with the Office 229 of Tourism, Trade, and Economic Development on issues and 230 projects important to the economic development of Florida, 231 including its rural areas, to expedite project review, to ensure 232 a prompt, effective response to problems arising with regard to 233 permitting and regulatory functions, and to work closely with 234 the other economic development liaisons to resolve interagency 235 conflicts. 236 (2)Within 30 days of April 17, 1992, andWhenever it is 237 necessary to change the designee, the head of each agency shall 238 notify the Governor in writing of the person designated as the 239 economic development liaison for such agency. 240 Section 4. Section 288.035, Florida Statutes, is amended to 241 read: 242 288.035 Economic development activities.— 243 (1) The Florida Public Service Commission shall adopt rules 244 authorizingmay authorizepublic utilities to recover reasonable 245 economic development expenses. For purposes of this section, 246 recoverable “economic development expenses” arethose expenses247described in subsection (2)which are consistent with criteria248to be established by rules adopted by the Department of Commerce249as of June 30, 1996, or as those criteria are later modified by250the Office of Tourism, Trade, and Economic Development.251(2)Such rules shall provide that authorized economic252development expenses shall belimited tothe following: 253 (a) Expenditures for operational assistance, including the 254 participation in trade shows and prospecting missions with state 255 and local entities. 256 (b) Expenditures for assisting the state and local 257 governments in the design of strategic plans for economic 258 development activities. 259 (c) Expenditures for marketing and research services, 260 including assisting local governments in marketing specific 261 sites for business and industry development or recruitment, and 262 assisting local governments in responding to inquiries from 263 business and industry concerning the development of specific 264 sites. 265 (2)(3)Before amending the rules required by this section, 266 the commission must provide a draft of the proposed amendment to 267 the Office of Tourism, Trade, and Economic Development for 268 review and comment.The Florida Public Service Commission shall269adopt rules for the recovery of economic development expenses by270public utilities, including the sharing of expenses by271shareholders.272 Section 5. Subsections (1), (2), and (4) of section 273 288.0655, Florida Statutes, are amended to read: 274 288.0655 Rural Infrastructure Fund.— 275 (1) There is created within the Office of Tourism, Trade, 276 and Economic Development the Rural Infrastructure Fund to 277 facilitate the planning, preparing, and financing of 278 infrastructure projects in rural communities which will 279 encourage job creation and,capital investment and strengthen, 280 diversify, and enhance rural economies and communities, and the281strengthening and diversification of rural economies by282promoting tourism, trade, and economic development. 283 (2)(a) Funds appropriated by the Legislature shall be 284 distributed by the office through grant programs that maximize 285 the use of federal, local, and private resources, including, but 286 not limited to, those available under the Small Cities Community 287 Development Block Grant Program. 288 (b) To facilitate access of rural communities and rural 289 areas of critical economic concern as defined by the Rural 290 Economic Development Initiative to infrastructure funding 291 programs of the Federal Government, such as those offered by the 292 United States Department of Agriculture and the United States 293 Department of Commerce, and state programs, including those 294 offered by Rural Economic Development Initiative agencies, and 295 to facilitate local government or private infrastructure funding 296 efforts, the office may award grants for up to 30 percent of the 297 total infrastructure project cost. If an application for funding 298 is for a catalyst site, as defined in s. 288.0656, the office 299 may award grants for up to 40 percent of the total 300 infrastructure project cost. 301 1. Eligible projects must be related to specific job 302 creation or job-retention opportunities. Eligible projects may 303 also include projects to: 304 a. Improveimprovinganyinadequate infrastructure that has 305 resulted in a regulatory action and restrictsthatprohibits306 economic or community growth; or 307 b. Reducereducingthe costs to community users of proposed 308 infrastructure improvements that exceed such costs in comparable 309 communities. 310 2. Eligible uses of funds for eligible projectsshall311 include improvements to public infrastructure for industrial or 312 commercial sites and upgrades to or development of public 313 tourism infrastructure. Authorized infrastructure may include: 314 a. The following public or public-private partnership 315 facilities: storm water systems; telecommunications facilities; 316 broadband facilities; roads or other remedies to transportation 317 impediments; nature-based tourism facilities; or other physical 318 requirements necessary to facilitate tourism, trade, and 319 economic development activities in the community. 320 b.Authorized infrastructure may also includePublicly or 321 privately owned self-powered nature-based tourism facilities.,322 c. Additions to publicly ownedtelecommunications323facilities, and broadband facilities, andadditions to the324 distribution facilities of antheexisting natural gas utility 325 as defined in s. 366.04(3)(c), antheexisting electric utility 326 as defined in s. 366.02, anortheexisting water or wastewater 327 utility as defined in s. 367.021(12), or any other existing 328 water or wastewater facility that, whichowns a gas or electric 329 distribution system or a water or wastewater system in this 330 state for whichwhere: 331 (I)1.A contribution-in-aid of construction is required to 332 serve public or public-private partnership facilities under the 333 tariffs of any natural gas, electric, water, or wastewater 334 utility as defined herein; and 335 (II)2.Such utilities as defined herein are willing and 336 able to provide such service. 337 (c) To facilitate timely response and induce the location 338 or expansion of specific job-creatingjob creating339 opportunities, the office may award grants for infrastructure 340 feasibility studies, design and engineering activities, or other 341 infrastructure planning and preparation activities. Authorized 342 grants may not exceedshallbe up to$50,000 for an employment 343 project with a business committed to create at least 100 jobs, 344 up to $150,000 for an employment project with a business 345 committed to create at least 300 jobs, and up to $300,000 for a 346 project in a rural area of critical economic concern. Grants 347 awarded under this paragraph may be used in conjunction with 348 grants awarded under paragraph (b) if, provided thatthe total 349 amount of both grants does not exceed 30 percent of the total 350 project cost. In evaluating applications under this paragraph, 351 the office shall consider the extent to which the application 352 seeks to minimize administrative and consultant expenses. 353 (d)By September 1, 1999,The office may executeshall354pursue execution ofa memorandum of agreement with the United 355 States Department of Agriculture under which state funds 356 available through the Rural Infrastructure Fund may be advanced, 357 in excess of the prescribed state share, for a project that has 358 received from the department a preliminary determination of 359 eligibility for federal financial support. State funds in excess 360 of the prescribed state share which are advanced pursuant to 361 this paragraph and the memorandum of agreement shall be 362 reimbursed when funds are awarded under an application for 363 federal funding. 364 (e) To enable local governments to access the resources 365 available pursuant to s. 403.973(18), the office may award 366 grants for surveys, feasibility studies, and other activities 367 related to the identification and preclearance review of land 368 which is suitable for preclearance review. Authorized grants 369 under this paragraph mayshallnot exceed $75,000 each, except 370 in the case of a project in a rural area of critical economic 371 concern, in which case the grant shall not exceed $300,000. Any 372 funds awarded under this paragraph must be matched at a level of 373 50 percent with local funds, except that any funds awarded for a 374 project in a rural area of critical economic concern must be 375 matched at a level of 33 percent with local funds. If an 376 application for funding is for a catalyst site, as defined in s. 377 288.0656, the requirement for local match may be waived pursuant 378 to the process in s. 288.06561. In evaluating applications under 379 this paragraph, the office shall consider the extent to which 380 the application seeks to minimize administrative and consultant 381 expenses. 382 (4)By September 1, 1999,The office shall, in consultation 383 with the organizations listed in subsection (3), and other 384 organizations, develop guidelines and criteria governing 385 submission of applications for funding, review and evaluation of 386 such applications, and approval of funding under this section. 387 The office shall consider factors including, but not limited to, 388 the project’s potential for enhanced job creation or increased 389 capital investment, the demonstration of local public and 390 private commitment, the location of the project in an enterprise 391 zone, the location of the project in a community development 392 corporation service area, the location of the project in a 393 county designated under s. 212.097, the unemployment rate of the 394 surrounding area, and the poverty rate of the community. 395 Section 6. Paragraph (a) of subsection (1) of section 396 288.1088, Florida Statutes, is amended to read: 397 288.1088 Quick Action Closing Fund.— 398 (1)(a) The Legislature finds that attracting, retaining, 399 and providing favorable conditions for the growth of certain 400 high-impact business facilities, privately developed critical 401 rural infrastructure, or other key facilities in economically 402 distressed urban or rural communities createswhich provide403 widespread economic benefits to the public. These benefits 404 includethroughhigh-quality employment opportunities in such 405 facilities, or in related facilities attracted to the state, 406 through the increased tax base provided bythehigh-impact 407 facilitiesfacilityand related businesses, through an enhanced 408 entrepreneurial climate in the state and the resulting business 409 and employment opportunities, and through the stimulation and 410 enhancement of the state’s universities and community colleges. 411 In the global economy,there exists serious and fierce412 international competition exists for these facilities, and in 413 most instances, afterwhenall available resources for economic 414 development have been used, the state continues to encounter 415 severe competitive disadvantages in vying for these business 416 facilities. Florida’s rural areas must provide a competitive 417 environment for business in the information age. This often 418 requires an incentive to make it feasible for private investors 419 to provide infrastructure in those areas. 420 Section 7. Subsections (7) and (9) of section 288.1162, 421 Florida Statutes, are amended to read: 422 288.1162 Professional sports franchises; spring training 423 franchises; duties.— 424 (7)(a)The Office of Tourism, Trade, and Economic 425 Development shall notify the Department of Revenue of any 426 facility certified as a facility for a new professional sports 427 franchise or a facility for a retained professional sports 428 franchise or as a facility for a retained spring training 429 franchise. The Office of Tourism, Trade, and Economic 430 Development shall certify no more than eight facilities as 431 facilities for a new professional sports franchise or as 432 facilities for a retained professional sports franchise,433including in such total any facilities certified by the434Department of Commerce before July 1, 1996. The number of 435 facilities certified as a retained spring training franchise 436 shall be as provided in subsection (5). The office may make no 437 more than one certification for any facility. The office may not 438 certify funding for less than the requested amount to any 439 applicant certified as a facility for a retained spring training 440 franchise. 441(b)The eighth certification of an applicant under this442section as a facility for a new professional sports franchise or443a facility for a retained professional sports franchise shall be444for a franchise that is a member of the National Basketball445Association, has been located within the state since 1987, and446has not been previously certified. This paragraph is repealed447July 1, 2010.448 (9) An applicant is not qualified for certification under 449 this section if the franchise formed the basis for a previous 450 certification, unless the previous certification was withdrawn 451 by the facility or invalidated by the Office of Tourism, Trade, 452 and Economic Development or the former Department of Commerce 453 before any funds were distributed pursuant to s. 212.20.This454subsection does not disqualify an applicant if the previous455certification occurred between May 23, 1993, and May 25, 1993;456however, any funds to be distributed pursuant to s.212.20for457the second certification shall be offset by the amount458distributed to the previous certified facility. Distribution of459funds for the second certification shall not be made until all460amounts payable for the first certification have been461distributed.462 Section 8. Section 288.1169, Florida Statutes, is amended 463 to read: 464 288.1169 International Game Fish Association World Center 465 facility; funding.— 466 (1)The Department of Commerce shall serve as the state467agency approving applicants for funding pursuant to s.212.20468and for certifying the applicant as the International Game Fish469Association World Center facility.For purposes of this section, 470 “facility” means the International Game Fish Association World 471 Center, and “project” means the International Game Fish 472 Association World Center and new colocated improvements by 473 private sector concerns who have made cash or in-kind 474 contributions to the facility of $1 million or more. 475(2)Prior to certifying this facility, the department must476determine that:477(a)The International Game Fish Association World Center is478the only fishing museum, Hall of Fame, and international479administrative headquarters in the United States recognized by480the International Game Fish Association, and that one or more481private sector concerns have committed to donate to the482International Game Fish Association land upon which the483International Game Fish Association World Center will operate.484(b)International Game Fish Association is a not-for-profit485Florida corporation that has contracted to construct and operate486the facility.487(c)The municipality in which the facility is located, or488the county if the facility is located in an unincorporated area,489has certified by resolution after a public hearing that the490facility serves a public purpose.491(d)There are existing projections that the International492Game Fish Association World Center facility and the colocated493facilities of private sector concerns will attract an attendance494of more than 1.8 million annually.495(e)There is an independent analysis or study, using496methodology approved by thedepartment, which demonstrates that497the amount of the revenues generated by the taxes imposed under498chapter 212 with respect to the use and operation of the project499will exceed $1 million annually.500(f)There are existing projections that the project will501attract more than 300,000 persons annually who are not residents502of the state.503(g)The applicant has submitted an agreement to provide504$500,000 annually in national and international media promotion505of the facility, at the then-current commercial rates, during506the period of time that the facility receives funds pursuant to507s.212.20. Failure on the part of the applicant to annually508provide the advertising as provided in this paragraph shall509result in the termination of the funding as provided in s.510212.20. The applicant can discharge its obligation under this511paragraph by contracting with other persons, including private512sector concerns who participate in the project.513(h)Documentation exists that demonstrates that the514applicant has provided, and is capable of providing, or has515financial or other commitments to provide, more than one-half of516the cost incurred or related to the improvements and the517development of the facility.518(i)The application is signed by senior officials of the519International Game Fish Association and is notarized according520to Florida law providing for penalties for falsification.521 (2)(3)The facility shallapplicant mayuse funds provided 522 pursuant to s. 212.20 for the purpose of paying for the 523 construction, reconstruction, renovation, promotion, or 524 operation of the facility, or to pay or pledge for payment of 525 debt service on, or to fund debt service reserve funds, 526 arbitrage rebate obligations, or other amounts payable with 527 respect to, bonds issued for the construction, reconstruction, 528 or renovation of the facility or for the reimbursement of such 529 costs or by refinancing of bonds issued for such purposes. 530(4)Upon determining that an applicant is or is not531certifiable, the Department of Commerce shall notify the532applicant of its status by means of an official letter. If533certifiable, the Department of Commerce shall notify the534executive director of the Department of Revenue and the535applicant of such certification by means of an official letter536granting certification. From the date of such certification, the537applicant shall have 5 years to open the facility to the public538and notify the Department of Commerce of such opening. The539Department of Revenue shall not begin distributing funds until54030 days following notice by the Department of Commerce that the541facility is open to the public.542 (3)(5)The Department of Revenue may audit as provided in 543 s. 213.34 to verify that the contributions pursuant to this 544 section have been expended as required by this section. 545 (4)(a)(6)The facility must be recertified by the Office of 546 Tourism, Trade, and Economic Development in 2010, andDepartment547of Commercemust recertifyevery 10 years thereafter. To be 548 recertified,thatthe facility must beisopen to the public; 549 continue, that the International Game Fish Association World550Centercontinuesto be the only international administrative 551 headquarters, fishing museum, and Hall of Fame in the United 552 States recognized by the International Game Fish Association;,553 and meetthatthe project is meetingthe minimum projections for 554 attendance or sales tax revenues as required at the time of 555 original certification. 556 (b) If the facility is not recertified during itsthis10 557 year review as meeting the minimum projections,thenfunding 558 shall be abated until certification criteria are met. If the 559 project fails to generate $1 million of annual revenues pursuant 560 to the original certification requirementsparagraph (2)(e), the 561 distribution of revenues pursuant to s. 212.20(6)(d)6.c.s.562212.02(6)(d)6.d.shall be reduced to an amount equal to $83,333 563 multiplied by a fraction, the numerator of which is the actual 564 revenues generated and the denominator of which is $1 million. 565 Such reduction shall remainremainsin effect until revenues 566 generated by the project in a 12-month period equal or exceed $1 567 million. 568 Section 9. Paragraphs (a) and (c) of subsection (3) of 569 section 288.1252, Florida Statutes, are amended to read: 570 288.1252 Florida Film and Entertainment Advisory Council; 571 creation; purpose; membership; powers and duties.— 572 (3) MEMBERSHIP.— 573 (a) The council shall consist of 17 members, seven to be 574 appointed by the Governor, five to be appointed by the President 575 of the Senate, and five to be appointed by the Speaker of the 576 House of Representatives, with the initial appointments being577made no later than August 1, 1999. 578 (c) Council members shall be appointed toserve for4-year 579 terms, except that the initial terms shall be staggered:5801.The Governor shall appoint one member for a 1-year term,581two members for 2-year terms, two members for 3-year terms, and582two members for 4-year terms. 5832.The President of the Senate shall appoint one member for584a 1-year term, one member for a 2-year term, two members for 3585year terms, and one member for a 4-year term.5863.The Speaker of the House of Representatives shall587appoint one member for a 1-year term, one member for a 2-year588term, two members for 3-year terms, and one member for a 4-year589term.590 Section 10. Subsection (7) of section 288.7091, Florida 591 Statutes, is amended to read: 592 288.7091 Duties of the Florida Black Business Investment 593 Board, Inc.—The board shall: 594 (7) Develop memoranda of understanding with the Department 595 of Education, the Department of Transportation, the Department 596 of Community Affairs, and the Department of Management Services, 597 as well as with Workforce Florida, Inc., the Board of Governors 598 of the State University System, and the State Board of 599 Education, detailing efforts of common interest and 600 collaborations to expand black business development.Develop601strategies to increase financial institution investment in black602business enterprises.603 Section 11. Subsection (2) of section 288.901, Florida 604 Statutes, is amended, and subsection (12) is added to that 605 section, to read: 606 288.901 Enterprise Florida, Inc.; creation; membership; 607 organization; meetings; disclosure.— 608 (2) Enterprise Florida, Inc., shall maintainestablishone 609 or more corporate offices, at least one of which shall be 610 located in Leon County.The Department of Management Services611may establish a lease agreement program under which Enterprise612Florida, Inc., may hire any individual who, as of June 30, 1996,613is employed by the Department of Commerce or who, as of January6141, 1997, is employed by the Executive Office of the Governor and615has responsibilities specifically in support of the Workforce616Development Board established under s.288.9620. Under such617agreement, the employee shall retain his or her status as a618state employee but shall work under the direct supervision of619Enterprise Florida, Inc. Retention of state employee status620shall include the right to participate in the Florida Retirement621System. The Department of Management Services shall establish622the terms and conditions of such lease agreements.623 (12) Staff members of Enterprise Florida, Inc., who are 624 leased from the Department of Management Services pursuant to an 625 agreement may retain their state employee status, including the 626 right to participate in the Florida Retirement System, until 627 their retirement from the state or the termination of the 628 applicable lease, whichever occurs first. An agreement for 629 Enterprise Florida, Inc., to lease one or more employees from 630 the Department of Management Services terminates when the 631 employees under the lease on January 1, 2010, retire or cease 632 providing services under the lease. 633 Section 12. Paragraph (l) of subsection (1) of section 634 288.904, Florida Statutes, is amended to read: 635 288.904 Powers of the board of directors of Enterprise 636 Florida, Inc.— 637 (1) The board of directors of Enterprise Florida, Inc., 638 shall have the power to: 639 (l) Create and dissolve advisory committees, working 640 groups, task forces, or similar organizations, as necessary to 641 carry out the mission of Enterprise Florida, Inc.By August 1,6421999,Enterprise Florida, Inc., shall establish an advisory 643 committee on international business issues, and an advisory 644 committee on small business issues. These committees shall be 645 comprised of individuals representing the private sector and the 646 public sector with expertise in the respective subject areas. 647 The purpose of the advisory entities iscommitteesshall beto 648 guide and advise Enterprise Florida, Inc., on the development 649 and implementation of policies, strategies, programs, and 650 activities affecting international business and small business. 651 The advisory committee on international business and the 652 advisory committee on small business shall meet at the call of 653 the chairperson or vice chairperson of the board of directors of 654 Enterprise Florida, Inc., but shall meet at least quarterly. 655 Meetings of the advisory committee on international business and 656 the advisory committee on small business may be held 657 telephonically.;However, meetings of the committees that are 658 held in person shall be rotated amongatdifferent locations 659 around the state to ensure participation of local and regional 660 economic development practitioners and other members of the 661 public. Members of advisory committees, working groups, task 662 forces, or similar organizations created by Enterprise Florida, 663 Inc., shall serve without compensation, but may be reimbursed 664 for reasonable, necessary, and actual expenses, as determined by 665 the board of directors of Enterprise Florida, Inc. 666 Section 13. Section 288.038, Florida Statutes, is repealed. 667 Section 14. Section 288.1168, Florida Statutes, is 668 repealed. 669 Section 15. Section 288.1185, Florida Statutes, is 670 repealed. 671 Section 16. This act shall take effect July 1, 2010.