Bill Text: FL S1948 | 2021 | Regular Session | Comm Sub

Bill Title: Department of Economic Opportunity


Status: (Introduced - Dead) 2021-04-22 - Laid on Table, refer to CS/CS/HB 1463 [S1948 Detail]

Download: Florida-2021-S1948-Comm_Sub.html
       Florida Senate - 2021                      CS for CS for SB 1948
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senators Bean, Bradley, Pizzo, and Bracy
       576-04228-21                                          20211948c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Economic
    3         Opportunity; amending s. 20.60, F.S.; renaming the
    4         executive director of the Department of Economic
    5         Opportunity as the Secretary of Economic Opportunity;
    6         authorizing the secretary to appoint deputy and
    7         assistant secretaries for a specified purpose;
    8         establishing the Office of the Secretary and the
    9         Office of Economic Accountability and Transparency;
   10         providing duties for the Office of Economic
   11         Accountability and Transparency; authorizing the
   12         secretary to create offices within the Office of the
   13         Secretary and within the divisions; requiring the
   14         secretary to appoint division directors; providing
   15         duties for the division directors; conforming
   16         provisions to changes made by the act; amending s.
   17         288.901, F.S.; revising the membership of the board of
   18         directors of Enterprise Florida, Inc.; amending s.
   19         290.042, F.S.; revising the definition of the term
   20         “administrative costs” relating to the Florida Small
   21         Cities Community Development Block Grant Program Act;
   22         amending s. 290.044, F.S.; revising the application
   23         process and funding for the Florida Small Cities
   24         Community Development Block Grant Program Fund;
   25         amending s. 290.046, F.S.; revising the application
   26         process and funding for development grants awarded by
   27         the department to local governments; amending s.
   28         331.3081, F.S.; conforming a cross-reference; amending
   29         s. 435.02, F.S.; revising the definition of the term
   30         “specified agency” to include certain regional
   31         workforce boards for the purposes of labor laws;
   32         amending s. 443.036, F.S.; revising the definition of
   33         the term “temporary layoff”; amending s. 443.091,
   34         F.S.; revising the reporting requirements for
   35         reemployment assistance benefit eligibility; defining
   36         the term “address”; amending s. 443.101, F.S.;
   37         deleting a provision providing that individuals who
   38         voluntarily leave work as a direct result of
   39         circumstances relating to domestic violence are
   40         ineligible for benefits under certain circumstances;
   41         amending s. 443.1113, F.S.; requiring the department
   42         to implement an integrated, modular system hosted in a
   43         cloud service, rather than an integrated Internet
   44         based system, for the reemployment assistance program;
   45         revising the functions and objectives of the
   46         Reemployment Assistance Claims and Benefits
   47         Information System; requiring the department to
   48         perform an annual review of the system; requiring the
   49         department to seek input from certain state entities
   50         when performing such review; requiring the department
   51         to submit an annual report to the Governor and the
   52         Legislature beginning on a specified date; providing
   53         requirements for such report; deleting obsolete
   54         language; requiring the department to take actions to
   55         modernize the system in the 2021-2022 fiscal year as
   56         directed in the General Appropriations Act; creating
   57         s. 443.1118, F.S.; defining terms; providing
   58         requirements for employer-assisted claims relating to
   59         mass separations; specifying the effective date of
   60         such claims; providing that benefits paid to a
   61         claimant pursuant to an employer-assisted claim count
   62         toward maximum benefits for which the claimant is
   63         eligible; requiring a claimant covered by an employer
   64         assisted claim to file continued biweekly claims;
   65         providing construction; requiring and authorizing the
   66         department to adopt specified rules; amending s.
   67         443.151, F.S.; revising the timeline for employers’
   68         responses to notices of benefits claims sent by the
   69         department; authorizing claimants to request the
   70         department to reconsider a monetary determination;
   71         providing requirements for such request; providing
   72         that monetary determinations and redeterminations are
   73         final after a specified period of time; providing
   74         exceptions; deleting a requirement that appeals
   75         referees be attorneys in good standing with The
   76         Florida Bar or be admitted to The Florida Bar within 8
   77         months after the date of employment; prohibiting
   78         appeals from being filed after a specified time;
   79         amending s. 445.004, F.S.; revising the membership of
   80         the state board, which directs CareerSource Florida,
   81         Inc.; amending s. 553.79, F.S.; requiring specified
   82         building permit applications applied for by licensed
   83         contractors for property owners under certain programs
   84         administered by the department to be issued within a
   85         reduced timeframe; amending ss. 14.20195, 16.615,
   86         20.04, 213.053, 220.194, 288.005, 288.061, 288.0656,
   87         288.106, 288.1089, 288.1251, 288.8014, 288.955,
   88         288.9604, 288.987, 290.0065, 311.09, 311.105, 334.065,
   89         373.4149, 380.045, 403.0752, 420.0005, 420.0006,
   90         420.101, 420.503, 420.504, 420.506, 420.507, 420.511,
   91         420.602, 420.609, 420.622, 427.012, 443.1116, 446.53,
   92         450.261, 624.5105, and 1004.015, F.S.; conforming
   93         provisions to changes made by the act; providing an
   94         effective date.
   96  Be It Enacted by the Legislature of the State of Florida:
   98         Section 1. Subsections (2) and (3), paragraph (a) of
   99  subsection (5), paragraph (b) of subsection (6), and subsection
  100  (9) of section 20.60, Florida Statutes, are amended, and
  101  subsection (1) of that section is republished, to read:
  102         20.60 Department of Economic Opportunity; creation; powers
  103  and duties.—
  104         (1) There is created the Department of Economic
  105  Opportunity.
  106         (2) The head of the department is the Secretary of Economic
  107  Opportunity executive director, who shall be appointed by the
  108  Governor, subject to confirmation by the Senate. The secretary
  109  executive director shall serve at the pleasure of and report to
  110  the Governor. The secretary may appoint deputy and assistant
  111  secretaries as necessary to aid the secretary in fulfilling his
  112  or her statutory obligations.
  113         (3)(a) The following divisions and offices of the
  114  Department of Economic Opportunity are established:
  115         1.(a) The Division of Strategic Business Development.
  116         2.(b) The Division of Community Development.
  117         3.(c) The Division of Workforce Services.
  118         4.(d) The Division of Finance and Administration.
  119         5.(e) The Division of Information Technology.
  120         6.The Office of the Secretary.
  121         7.The Office of Economic Accountability and Transparency,
  122  which shall:
  123         a.Oversee the department’s critical objectives as
  124  determined by the secretary and make sure that the department’s
  125  key objectives are clearly communicated to the public.
  126         b.Organize department resources, expertise, data, and
  127  research to focus on and solve the complex economic challenges
  128  facing the state.
  129         c.Provide leadership for the department’s priority issues
  130  that require integration of policy, management, and critical
  131  objectives from multiple programs and organizations internal and
  132  external to the department; and organize and manage external
  133  communication on such priority issues.
  134         d.Promote and facilitate key department initiatives to
  135  address priority economic issues and explore data and identify
  136  opportunities for innovative approaches to address such economic
  137  issues.
  138         e.Promote strategic planning for the department.
  139         (b)The secretary:
  140         1.May create offices within the Office of the Secretary
  141  and within the divisions established in paragraph (a) to promote
  142  efficient and effective operation of the department.
  143         2.Shall appoint a director for each division, who shall
  144  directly administer his or her division and be responsible to
  145  the secretary.
  146         (5) The divisions within the department have specific
  147  responsibilities to achieve the duties, responsibilities, and
  148  goals of the department. Specifically:
  149         (a) The Division of Strategic Business Development shall:
  150         1. Analyze and evaluate business prospects identified by
  151  the Governor, the secretary executive director of the
  152  department, and Enterprise Florida, Inc.
  153         2. Administer certain tax refund, tax credit, and grant
  154  programs created in law. Notwithstanding any other provision of
  155  law, the department may expend interest earned from the
  156  investment of program funds deposited in the Grants and
  157  Donations Trust Fund to contract for the administration of those
  158  programs, or portions of the programs, assigned to the
  159  department by law, by the appropriations process, or by the
  160  Governor. Such expenditures shall be subject to review under
  161  chapter 216.
  162         3. Develop measurement protocols for the state incentive
  163  programs and for the contracted entities which will be used to
  164  determine their performance and competitive value to the state.
  165  Performance measures, benchmarks, and sanctions must be
  166  developed in consultation with the legislative appropriations
  167  committees and the appropriate substantive committees, and are
  168  subject to the review and approval process provided in s.
  169  216.177. The approved performance measures, standards, and
  170  sanctions shall be included and made a part of the strategic
  171  plan for contracts entered into for delivery of programs
  172  authorized by this section.
  173         4. Develop a 5-year statewide strategic plan. The strategic
  174  plan must include, but need not be limited to:
  175         a. Strategies for the promotion of business formation,
  176  expansion, recruitment, and retention through aggressive
  177  marketing, international development, and export assistance,
  178  which lead to more and better jobs and higher wages for all
  179  geographic regions, disadvantaged communities, and populations
  180  of the state, including rural areas, minority businesses, and
  181  urban core areas.
  182         b. The development of realistic policies and programs to
  183  further the economic diversity of the state, its regions, and
  184  their associated industrial clusters.
  185         c. Specific provisions for the stimulation of economic
  186  development and job creation in rural areas and midsize cities
  187  and counties of the state, including strategies for rural
  188  marketing and the development of infrastructure in rural areas.
  189         d. Provisions for the promotion of the successful long-term
  190  economic development of the state with increased emphasis in
  191  market research and information.
  192         e. Plans for the generation of foreign investment in the
  193  state which create jobs paying above-average wages and which
  194  result in reverse investment in the state, including programs
  195  that establish viable overseas markets, assist in meeting the
  196  financing requirements of export-ready firms, broaden
  197  opportunities for international joint venture relationships, use
  198  the resources of academic and other institutions, coordinate
  199  trade assistance and facilitation services, and facilitate
  200  availability of and access to education and training programs
  201  that assure requisite skills and competencies necessary to
  202  compete successfully in the global marketplace.
  203         f. The identification of business sectors that are of
  204  current or future importance to the state’s economy and to the
  205  state’s global business image, and development of specific
  206  strategies to promote the development of such sectors.
  207         g. Strategies for talent development necessary in the state
  208  to encourage economic development growth, taking into account
  209  factors such as the state’s talent supply chain, education and
  210  training opportunities, and available workforce.
  211         5. Update the strategic plan every 5 years.
  212         6. Involve Enterprise Florida, Inc.; CareerSource Florida,
  213  Inc.; local governments; the general public; local and regional
  214  economic development organizations; other local, state, and
  215  federal economic, international, and workforce development
  216  entities; the business community; and educational institutions
  217  to assist with the strategic plan.
  218         (6)
  219         (b) The Department of Economic Opportunity shall serve as
  220  the designated agency for purposes of each federal workforce
  221  development grant assigned to it for administration. The
  222  department shall carry out the duties assigned to it by the
  223  Governor, under the terms and conditions of each grant. The
  224  department shall have the level of authority and autonomy
  225  necessary to be the designated recipient of each federal grant
  226  assigned to it and shall disburse such grants pursuant to the
  227  plans and policies of the state board as defined in s. 445.002.
  228  The secretary executive director may, upon delegation from the
  229  Governor and pursuant to agreement with the state board, sign
  230  contracts, grants, and other instruments as necessary to execute
  231  functions assigned to the department. Notwithstanding other
  232  provisions of law, the department shall administer other
  233  programs funded by federal or state appropriations, as
  234  determined by the Legislature in the General Appropriations Act
  235  or other law.
  236         (9) The secretary executive director shall:
  237         (a) Manage all activities and responsibilities of the
  238  department.
  239         (b) Serve as the manager for the state with respect to
  240  contracts with Enterprise Florida, Inc., and all applicable
  241  direct-support organizations. To accomplish the provisions of
  242  this section and applicable provisions of chapter 288, and
  243  notwithstanding the provisions of part I of chapter 287, the
  244  secretary director shall enter into specific contracts with
  245  Enterprise Florida, Inc., and other appropriate direct-support
  246  organizations. Such contracts may be for multiyear terms and
  247  must include specific performance measures for each year. For
  248  purposes of this section, the Florida Tourism Industry Marketing
  249  Corporation and the Institute for Commercialization of Florida
  250  Technology are not appropriate direct-support organizations.
  251         (c) Serve as a member of the board of directors of the
  252  Florida Development Finance Corporation. The secretary executive
  253  director may designate an employee of the department to serve in
  254  this capacity.
  255         Section 2. Paragraph (a) of subsection (5) of section
  256  288.901, Florida Statutes, is amended to read:
  257         288.901 Enterprise Florida, Inc.—
  259         (a) In addition to the Governor or his or her designee, the
  260  board of directors shall consist of the following appointed
  261  members:
  262         1. The Commissioner of Education or his or her designee.
  263         2. The Chief Financial Officer or his or her designee.
  264         3. The Attorney General or his or her designee.
  265         4. The Commissioner of Agriculture or his or her designee.
  266         5. The chairperson of the state board as defined in s.
  267  445.002.
  268         6. The Secretary of State or his or her designee.
  269         7. The Secretary of Economic Opportunity or his or her
  270  designee.
  271         8. Twelve members from the private sector, six of whom
  272  shall be appointed by the Governor, three of whom shall be
  273  appointed by the President of the Senate, and three of whom
  274  shall be appointed by the Speaker of the House of
  275  Representatives. Members appointed by the Governor are subject
  276  to Senate confirmation.
  278  All board members shall serve without compensation, but are
  279  entitled to receive reimbursement for per diem and travel
  280  expenses pursuant to s. 112.061. Such expenses must be paid out
  281  of funds of Enterprise Florida, Inc.
  282         Section 3. Subsection (2) of section 290.042, Florida
  283  Statutes, is amended to read:
  284         290.042 Definitions relating to Florida Small Cities
  285  Community Development Block Grant Program Act.—As used in ss.
  286  290.0401-290.048, the term:
  287         (2) “Administrative costs” has the same meaning as defined
  288  in the Housing and Community Development Act of 1974, as
  289  amended, and applicable federal regulations means the payment of
  290  all reasonable costs of management, coordination, monitoring,
  291  and evaluation, and similar costs and carrying charges, related
  292  to the planning and execution of community development
  293  activities which are funded in whole or in part under the
  294  Florida Small Cities Community Development Block Grant Program.
  295  Administrative costs shall include all costs of administration,
  296  including general administration, planning and urban design, and
  297  project administration costs.
  298         Section 4. Subsections (3), (4), and (5) of section
  299  290.044, Florida Statutes, are amended to read:
  300         290.044 Florida Small Cities Community Development Block
  301  Grant Program Fund; administration; distribution.—
  302         (3) The department shall require applicants for grants to
  303  compete against each other in the following grant program
  304  categories that may include one or more of the following:
  305         (a) Housing rehabilitation.
  306         (b) Economic development.
  307         (c) Neighborhood revitalization.
  308         (d) Commercial revitalization.
  309         (e)Any other activity authorized by the Housing and
  310  Community Development Act of 1974, as amended, and applicable
  311  federal regulations.
  312         (4) The department shall define broad community development
  313  objectives to be achieved by the activities in each of the grant
  314  program categories with the use of funds from the Florida Small
  315  Cities Community Development Block Grant Program Fund. Such
  316  objectives shall be designed to meet at least one of the
  317  national objectives provided in the Housing and Community
  318  Development Act of 1974.
  319         (5) The department may set aside an amount of up to 15 5
  320  percent of the funds annually for use in any eligible local
  321  government jurisdiction for which an emergency or natural
  322  disaster has been declared by executive order. Such funds may
  323  only be provided to a local government to fund eligible
  324  emergency-related activities for which no other source of
  325  federal, state, or local disaster funds is available. The
  326  department may provide for such set-aside by rule. In the last
  327  quarter of the state fiscal year, any funds not allocated under
  328  the emergency-related set-aside shall be distributed to unfunded
  329  applications from the most recent funding cycle.
  330         Section 5. Subsection (2), paragraph (b) of subsection (3),
  331  and subsection (6) of section 290.046, Florida Statutes, are
  332  amended to read:
  333         290.046 Applications for grants; procedures; requirements.—
  334         (2)(a)Except for applications for economic development
  335  grants as provided in subparagraph (b)1., an eligible local
  336  government may submit one application for a grant during each
  337  application cycle.
  338         (b)1.An eligible local government may apply up to three
  339  times in any one annual funding cycle for an economic
  340  development grant but may not receive more than one such grant
  341  per annual funding cycle. A local government may have more than
  342  one open economic development grant.
  343         (2)(a)2. The department shall establish minimum criteria
  344  pertaining to the number of jobs created for persons of low or
  345  moderate income, the degree of private sector financial
  346  commitment, and the economic feasibility of the proposed project
  347  and shall establish any other criteria the department deems
  348  appropriate. Assistance to a private, for-profit business may
  349  not be provided from a grant award unless sufficient evidence
  350  exists to demonstrate that without such public assistance the
  351  creation or retention of such jobs would not occur.
  352         (b)(c)1. A local government with an open housing
  353  rehabilitation, neighborhood revitalization, or commercial
  354  revitalization contract is not eligible to apply for another
  355  housing rehabilitation, neighborhood revitalization, or
  356  commercial revitalization grant until administrative closeout of
  357  its existing contract. The department shall notify a local
  358  government of administrative closeout or of any outstanding
  359  closeout issues within 45 days after receipt of a closeout
  360  package from the local government. A local government with an
  361  open housing rehabilitation, neighborhood revitalization, or
  362  commercial revitalization community development block grant
  363  contract whose activities are on schedule in accordance with the
  364  expenditure rates and accomplishments described in the contract
  365  may apply for an economic development grant.
  366         (c)2. A local government with an open economic development
  367  community development block grant contract whose activities are
  368  on schedule in accordance with the expenditure rates and
  369  accomplishments described in the contract may apply for a
  370  housing rehabilitation, neighborhood revitalization, or
  371  commercial revitalization community development block grant. A
  372  local government with an open economic development contract
  373  whose activities are on schedule in accordance with the
  374  expenditure rates and accomplishments described in the contract
  375  may receive no more than one additional economic development
  376  grant in each fiscal year.
  377         (d) The department may not award a grant until it has
  378  conducted a site visit to verify the information contained in
  379  the local government’s application.
  380         (3)
  381         (b) Funds shall be distributed according to the rankings
  382  established in each application cycle. If economic development
  383  funds remain available after the application cycle closes, the
  384  remaining funds shall be awarded to eligible projects on a
  385  first-come, first-served basis until such funds are fully
  386  obligated.
  387         (6) The department shall, before approving an application
  388  for a grant, determine that the applicant has the administrative
  389  capacity to carry out the proposed activities and has performed
  390  satisfactorily in carrying out past activities funded by
  391  community development block grants. The evaluation of past
  392  performance shall take into account procedural aspects of
  393  previous grants as well as substantive results. If the
  394  department determines that any applicant has failed to
  395  accomplish substantially the results it proposed in its last
  396  previously funded applications application, it may prohibit the
  397  applicant from receiving a grant or may penalize the applicant
  398  in the rating of the current application. An application for
  399  grant funds may not be denied solely upon the basis of the past
  400  performance of the eligible applicant.
  401         Section 6. Section 331.3081, Florida Statutes, is amended
  402  to read:
  403         331.3081 Board of directors.—Space Florida shall be
  404  governed by a 13-member independent board of directors that
  405  consists of the members appointed to the board of directors of
  406  Enterprise Florida, Inc., by the Governor, the President of the
  407  Senate, and the Speaker of the House of Representatives pursuant
  408  to s. 288.901(5)(a)8. s. 288.901(5)(a)7. and the Governor, who
  409  shall serve ex officio, or who may appoint a designee to serve,
  410  as the chair and a voting member of the board.
  411         Section 7. Subsection (5) of section 435.02, Florida
  412  Statutes, is amended to read:
  413         435.02 Definitions.—For the purposes of this chapter, the
  414  term:
  415         (5) “Specified agency” means the Department of Health, the
  416  Department of Children and Families, the Division of Vocational
  417  Rehabilitation within the Department of Education, the Agency
  418  for Health Care Administration, the Department of Elderly
  419  Affairs, the Department of Juvenile Justice, the Agency for
  420  Persons with Disabilities, regional workforce boards providing
  421  services as defined in s. 445.002(3), and local licensing
  422  agencies approved pursuant to s. 402.307, when these agencies
  423  are conducting state and national criminal history background
  424  screening on persons who work with children or persons who are
  425  elderly or disabled.
  426         Section 8. Subsection (43) of section 443.036, Florida
  427  Statutes, is amended to read:
  428         443.036 Definitions.—As used in this chapter, the term:
  429         (43) “Temporary layoff” means an individual’s a job
  430  separation due to lack of work which does not exceed 8
  431  consecutive weeks and which has a fixed or approximate return
  432  to-work date; or an individual’s employer-initiated furlough
  433  that causes a mandatory complete stoppage of work if such
  434  furlough is temporary and the individual remains job attached
  435  and is expected to return to work with the employer.
  436         Section 9. Paragraph (c) of subsection (1) of section
  437  443.091, Florida Statutes, is amended to read:
  438         443.091 Benefit eligibility conditions.—
  439         (1) An unemployed individual is eligible to receive
  440  benefits for any week only if the Department of Economic
  441  Opportunity finds that:
  442         (c) To make continued claims for benefits, she or he is
  443  reporting to the department in accordance with this paragraph
  444  and department rules. Department rules may not conflict with s.
  445  443.111(1)(b), which requires that each claimant continue to
  446  report regardless of any pending appeal relating to her or his
  447  eligibility or disqualification for benefits.
  448         1. For each week of unemployment claimed, each report must,
  449  at a minimum, include the name and, address, and telephone
  450  number of each prospective employer contacted, or the date the
  451  claimant reported to a one-stop career center, pursuant to
  452  paragraph (d). For the purposes of this subparagraph, the term
  453  “address” means a website address, a physical address, or an e
  454  mail address.
  455         2. The department shall offer an online assessment aimed at
  456  identifying an individual’s skills, abilities, and career
  457  aptitude. The skills assessment must be voluntary, and the
  458  department shall allow a claimant to choose whether to take the
  459  skills assessment. The online assessment shall be made available
  460  to any person seeking services from a local workforce
  461  development board or a one-stop career center.
  462         a. If the claimant chooses to take the online assessment,
  463  the outcome of the assessment shall be made available to the
  464  claimant, local workforce development board, and one-stop career
  465  center. The department, local workforce development board, or
  466  one-stop career center shall use the assessment to develop a
  467  plan for referring individuals to training and employment
  468  opportunities. Aggregate data on assessment outcomes may be made
  469  available to CareerSource Florida, Inc., and Enterprise Florida,
  470  Inc., for use in the development of policies related to
  471  education and training programs that will ensure that businesses
  472  in this state have access to a skilled and competent workforce.
  473         b. Individuals shall be informed of and offered services
  474  through the one-stop delivery system, including career
  475  counseling, the provision of skill match and job market
  476  information, and skills upgrade and other training
  477  opportunities, and shall be encouraged to participate in such
  478  services at no cost to the individuals. The department shall
  479  coordinate with CareerSource Florida, Inc., the local workforce
  480  development boards, and the one-stop career centers to identify,
  481  develop, and use best practices for improving the skills of
  482  individuals who choose to participate in skills upgrade and
  483  other training opportunities. The department may contract with
  484  an entity to create the online assessment in accordance with the
  485  competitive bidding requirements in s. 287.057. The online
  486  assessment must work seamlessly with the Reemployment Assistance
  487  Claims and Benefits Information System.
  488         Section 10. Paragraph (a) of subsection (1) and subsection
  489  (6) of section 443.101, Florida Statutes, are amended to read:
  490         443.101 Disqualification for benefits.—An individual shall
  491  be disqualified for benefits:
  492         (1)(a) For the week in which he or she has voluntarily left
  493  work without good cause attributable to his or her employing
  494  unit or for the week in which he or she has been discharged by
  495  the employing unit for misconduct connected with his or her
  496  work, based on a finding by the Department of Economic
  497  Opportunity. As used in this paragraph, the term “work” means
  498  any work, whether full-time, part-time, or temporary.
  499         1. Disqualification for voluntarily quitting continues for
  500  the full period of unemployment next ensuing after the
  501  individual has left his or her full-time, part-time, or
  502  temporary work voluntarily without good cause and until the
  503  individual has earned income equal to or greater than 17 times
  504  his or her weekly benefit amount. As used in this subsection,
  505  the term “good cause” includes only that cause attributable to
  506  the employing unit which would compel a reasonable employee to
  507  cease working or attributable to the individual’s illness or
  508  disability requiring separation from his or her work. Any other
  509  disqualification may not be imposed.
  510         2. An individual is not disqualified under this subsection
  511  for:
  512         a. Voluntarily leaving temporary work to return immediately
  513  when called to work by the permanent employing unit that
  514  temporarily terminated his or her work within the previous 6
  515  calendar months;
  516         b. Voluntarily leaving work to relocate as a result of his
  517  or her military-connected spouse’s permanent change of station
  518  orders, activation orders, or unit deployment orders; or
  519         c. Voluntarily leaving work if he or she proves that his or
  520  her discontinued employment is a direct result of circumstances
  521  related to domestic violence as defined in s. 741.28. An
  522  individual who voluntarily leaves work under this sub
  523  subparagraph must:
  524         (I) Make reasonable efforts to preserve employment, unless
  525  the individual establishes that such remedies are likely to be
  526  futile or to increase the risk of future incidents of domestic
  527  violence. Such efforts may include seeking a protective
  528  injunction, relocating to a secure place, or seeking reasonable
  529  accommodation from the employing unit, such as a transfer or
  530  change of assignment;
  531         (II) Provide evidence such as an injunction, a protective
  532  order, or other documentation authorized by state law which
  533  reasonably proves that domestic violence has occurred; and
  534         (III) Reasonably believe that he or she is likely to be the
  535  victim of a future act of domestic violence at, in transit to,
  536  or departing from his or her place of employment. An individual
  537  who is otherwise eligible for benefits under this sub
  538  subparagraph is ineligible for each week that he or she no
  539  longer meets such criteria or refuses a reasonable accommodation
  540  offered in good faith by his or her employing unit.
  541         3. The employment record of an employing unit may not be
  542  charged for the payment of benefits to an individual who has
  543  voluntarily left work under sub-subparagraph 2.c.
  544         4. Disqualification for being discharged for misconduct
  545  connected with his or her work continues for the full period of
  546  unemployment next ensuing after having been discharged and until
  547  the individual is reemployed and has earned income of at least
  548  17 times his or her weekly benefit amount and for not more than
  549  52 weeks immediately following that week, as determined by the
  550  department in each case according to the circumstances or the
  551  seriousness of the misconduct, under the department’s rules for
  552  determining disqualification for benefits for misconduct.
  553         5. If an individual has provided notification to the
  554  employing unit of his or her intent to voluntarily leave work
  555  and the employing unit discharges the individual for reasons
  556  other than misconduct before the date the voluntary quit was to
  557  take effect, the individual, if otherwise entitled, shall
  558  receive benefits from the date of the employer’s discharge until
  559  the effective date of his or her voluntary quit.
  560         6. If an individual is notified by the employing unit of
  561  the employer’s intent to discharge the individual for reasons
  562  other than misconduct and the individual quits without good
  563  cause before the date the discharge was to take effect, the
  564  claimant is ineligible for benefits pursuant to s. 443.091(1)(d)
  565  for failing to be available for work for the week or weeks of
  566  unemployment occurring before the effective date of the
  567  discharge.
  568         (6) For making any false or fraudulent representation for
  569  the purpose of obtaining benefits contrary to this chapter,
  570  constituting a violation under s. 443.071. The disqualification
  571  imposed under this subsection shall begin with the week for in
  572  which the false or fraudulent representation was is made and
  573  shall continue for a period not to exceed 1 year after the date
  574  the Department of Economic Opportunity discovers the false or
  575  fraudulent representation and until any overpayment of benefits
  576  resulting from such representation has been repaid in full. This
  577  disqualification may be appealed in the same manner as any other
  578  disqualification imposed under this section. A conviction by any
  579  court of competent jurisdiction in this state of the offense
  580  prohibited or punished by s. 443.071 is conclusive upon the
  581  appeals referee and the commission of the making of the false or
  582  fraudulent representation for which disqualification is imposed
  583  under this section.
  584         Section 11. Section 443.1113, Florida Statutes, is amended
  585  to read:
  586         443.1113 Reemployment Assistance Claims and Benefits
  587  Information System.—
  588         (1) The Department of Economic Opportunity shall implement
  589  an integrated, modular system hosted in a cloud computing
  590  service, as defined in s. 282.0041, that provides for rapid
  591  provisioning of additional data processing when necessary. The
  592  system must support the efficient distribution of benefits and
  593  the effective operation and management of the reemployment
  594  assistance program. To The extent that funds are appropriated
  595  for each phase of the Reemployment Assistance Claims and
  596  Benefits Information system may be cited by the Legislature, the
  597  Department of Economic Opportunity shall replace and enhance the
  598  functionality provided in the following systems with an
  599  integrated Internet-based system that is known as the
  600  “Reemployment Assistance Claims and Benefits Information System”
  601  and must:
  602         (a) Be accessible through the Internet on both mobile
  603  devices and personal computers Claims and benefit mainframe
  604  system.
  605         (b) Process reemployment assistance claims Florida
  606  unemployment Internet direct.
  607         (c) Process benefit payments Florida continued claim
  608  Internet directory.
  609         (d) Process and manage overpayments Call center interactive
  610  voice response system.
  611         (e) Perform adjudication functions Benefit overpayment
  612  screening system.
  613         (f) Process appeals and manage appeal hearings Internet and
  614  Intranet appeals system.
  615         (g)Manage and process employer charging.
  616         (2) Wherever cost-effective and operationally feasible, the
  617  Reemployment Assistance Claims and Benefits System shall
  618  accomplish the following main business objectives:
  619         (a) Wherever cost-effective and operationally feasible,
  620  Eliminate or automate existing paper processes and enhance any
  621  existing automated workflows in order to expedite customer
  622  transactions and eliminate redundancy.
  623         (b) Enable and enhance online, self-service capabilities
  624  access to claimant and employer information and federal and
  625  state reporting.
  626         (c) Integrate benefit payment control with the adjudication
  627  program and collection system in order to improve the detection
  628  of fraud.
  629         (d) Comply with all requirements established in federal and
  630  state law for reemployment assistance.
  631         (e) Integrate with the Department of Revenue’s statewide
  632  unified tax system that collects reemployment assistance taxes.
  633         (f)Maintain interoperability with other department
  634  workforce systems.
  635         (g) Allow for employer-assisted claims.
  636         (3) The scope of the Reemployment Assistance Claims and
  637  Benefits Information System does not include any of the
  638  following functionalities:
  639         (a) Collection of reemployment assistance taxes.
  640         (b) General ledger, financial management, or budgeting
  641  capabilities.
  642         (c) Human resource planning or management capabilities.
  643         (4)(a)The Department of Economic Opportunity shall perform
  644  an annual review of the system and identify enhancements or
  645  modernization efforts that improve the delivery of services to
  646  claimants and employers and reporting to state and federal
  647  entities. These improvements must include, but need not be
  648  limited to:
  649         1.Infrastructure upgrades through cloud services.
  650         2.Software improvements.
  651         3.Enhanced data analytics and reporting.
  652         4.Increased cybersecurity pursuant to s. 282.318.
  653         (b)The department shall seek input on recommended
  654  enhancements from, at a minimum, the following entities:
  655         1.The Florida Digital Service within the Department of
  656  Management Services.
  657         2.The General Tax Administration Program Office within the
  658  Department of Revenue.
  659         3.The Division of Accounting and Auditing within the
  660  Department of Financial Services.
  661         (5) By October 1, 2023, and each year thereafter, the
  662  Department of Economic Opportunity shall submit a Reemployment
  663  Assistance Claims and Benefits Information System report to the
  664  Governor, the President of the Senate, and the Speaker of the
  665  House of Representatives. The report must, at a minimum,
  666  include:
  667         (a) A summary of maintenance, enhancement, and
  668  modernization efforts over the last fiscal year.
  669         (b) A 3-year outlook of recommended enhancements or
  670  modernization efforts that includes projected costs and
  671  timeframes for completion The project to implement the
  672  Reemployment Assistance Claims and Benefits Information System
  673  is comprised of the following phases and corresponding
  674  implementation timeframes:
  675         (a) No later than the end of fiscal year 2009-2010
  676  completion of the business re-engineering analysis and
  677  documentation of both the detailed system requirements and the
  678  overall system architecture.
  679         (b) The Reemployment Assistance Claims and Benefits
  680  Internet portal that replaces the Florida Unemployment Internet
  681  Direct and the Florida Continued Claims Internet Directory
  682  systems, the Call Center Interactive Voice Response System, the
  683  Benefit Overpayment Screening System, the Internet and Intranet
  684  Appeals System, and the Claims and Benefits Mainframe System
  685  shall be deployed to full operational status no later than the
  686  end of fiscal year 2013-2014.
  687         (5) The Department of Economic Opportunity shall implement
  688  the following project governance structure until such time as
  689  the project is completed, suspended, or terminated:
  690         (a) The project sponsor for the Reemployment Assistance
  691  Claims and Benefits Information System project is the
  692  department.
  693         (b) The project shall be governed by an executive steering
  694  committee composed of the following voting members or their
  695  designees:
  696         1. The executive director of the department.
  697         2. The executive director of the Department of Revenue.
  698         3.The director of the Division of Workforce Services
  699  within the department.
  700         4. The program director of the General Tax Administration
  701  Program Office within the Department of Revenue.
  702         5. The chief information officer of the department.
  703         (c) The executive steering committee has the overall
  704  responsibility for ensuring that the project meets its primary
  705  objectives and is specifically responsible for:
  706         1. Providing management direction and support to the
  707  project management team.
  708         2. Assessing the project’s alignment with the strategic
  709  goals of the department for administering the reemployment
  710  assistance program.
  711         3. Reviewing and approving or disapproving any changes to
  712  the project’s scope, schedule, and costs.
  713         4. Reviewing, approving or disapproving, and determining
  714  whether to proceed with any major project deliverables.
  715         5. Recommending suspension or termination of the project to
  716  the Governor, the President of the Senate, and the Speaker of
  717  the House of Representatives if it determines that the primary
  718  objectives cannot be achieved.
  719         (d) The project management team shall work under the
  720  direction of the executive steering committee and shall be
  721  minimally comprised of senior managers and stakeholders from the
  722  department and the Department of Revenue. The project management
  723  team is responsible for:
  724         1. Providing daily planning, management, and oversight of
  725  the project.
  726         2. Submitting an operational work plan and providing
  727  quarterly updates to that plan to the executive steering
  728  committee. The plan must specify project milestones,
  729  deliverables, and expenditures.
  730         3. Submitting written monthly project status reports to the
  731  executive steering committee which include:
  732         a. Planned versus actual project costs;
  733         b. An assessment of the status of major milestones and
  734  deliverables;
  735         c. Identification of any issues requiring resolution, the
  736  proposed resolution for these issues, and information regarding
  737  the status of the resolution;
  738         d. Identification of risks that must be managed; and
  739         e. Identification of and recommendations regarding
  740  necessary changes in the project’s scope, schedule, or costs.
  741  All recommendations must be reviewed by project stakeholders
  742  before submission to the executive steering committee in order
  743  to ensure that the recommendations meet required acceptance
  744  criteria.
  745         Section 12. For the 2021-2022 fiscal year, the Department
  746  of Economic Opportunity shall take actions to modernize the
  747  Reemployment Assistance Claims and Benefits Information System
  748  as provided in the General Appropriations Act.
  749         Section 13. Section 443.1118, Florida Statutes, is created
  750  to read:
  751         443.1118Employer-assisted claims.—
  752         (1) DEFINITIONS.—For purposes of this section:
  753         (a)“Employer-assisted claim” means an initial claim filed
  754  by an employer on behalf of its employees who are a part of a
  755  mass separation from the employer.
  756         (b)“Mass separation” means a full, partial, permanent, or
  757  temporary separation, including a temporary layoff, of full-time
  758  employees from their employer if the separation occurs at or
  759  around the same time, the employees are separated for the same
  760  reason, and the separation is due to circumstances for which the
  761  employees are not at fault. At a minimum, a mass separation
  762  involves 1,000 or more employees.
  764         (a) Initiation.—An employer that commences a mass
  765  separation may initiate an employer-assisted claim by submitting
  766  employee information to the department within 10 days after the
  767  date of the mass separation pursuant to rules adopted by the
  768  department.
  769         (b) Form of submission.—Due to the sensitive nature of
  770  employee information, an employer shall submit employee
  771  information through secure means approved by department rule.
  772         (c) Notice and Affidavit.—For each employer-assisted claim,
  773  the employer shall give notice and instructions to the employees
  774  for which claims are filed and direct the employees to complete
  775  further steps as required by the department. The employer shall
  776  provide an attestation to the department in a form and format
  777  required by the department.
  778         (3)EFFECTIVE DATE OF CLAIM.—The effective date of an
  779  employer-assisted claim is the Sunday immediately preceding the
  780  date on which the employer-assisted claim was received by the
  781  department.
  782         (4)PAYMENTS.—Weeks of benefits paid to a claimant pursuant
  783  to an employer-assisted claim count toward the maximum benefits
  784  for which the claimant is eligible.
  785         (5)CLAIMANT FILING REQUIREMENTS.—A claimant covered by an
  786  employer-assisted claim must file continued biweekly claims
  787  pursuant to department rule.
  788         (6)CONSTRUCTION.—This section does not limit, alter, or
  789  amend a claimant’s rights under this chapter relating to a
  790  hearing if a claimant is denied a claim.
  791         (7)RULEMAKING.—The department shall adopt rules
  792  establishing additional procedures for filing an employer
  793  assisted claim and may adopt additional rules to administer this
  794  section.
  795         Section 14. Paragraphs (a) and (b) of subsection (3) and
  796  paragraphs (a) and (b) of subsection (4) of section 443.151,
  797  Florida Statutes, are amended to read:
  798         443.151 Procedure concerning claims.—
  800         (a) Notices of claim.—The Department of Economic
  801  Opportunity shall promptly provide a notice of claim to the
  802  claimant’s most recent employing unit and all employers whose
  803  employment records are liable for benefits under the monetary
  804  determination. The employer must respond to the notice of claim
  805  within 14 20 days after the mailing date of the notice, or in
  806  lieu of mailing, within 14 20 days after the delivery of the
  807  notice. If a contributing employer or its agent fails to timely
  808  or adequately respond to the notice of claim or request for
  809  information, the employer’s account may not be relieved of
  810  benefit charges as provided in s. 443.131(3)(a), notwithstanding
  811  paragraph (5)(b). The department may adopt rules as necessary to
  812  implement the processes described in this paragraph relating to
  813  notices of claim.
  814         (b) Monetary determinations.—In addition to the notice of
  815  claim, the department shall also promptly provide an initial
  816  monetary determination to the claimant and each base period
  817  employer whose account is subject to being charged for its
  818  respective share of benefits on the claim. The monetary
  819  determination must include a statement of whether and in what
  820  amount the claimant is entitled to benefits, and, in the event
  821  of a denial, must state the reasons for the denial. A monetary
  822  determination for the first week of a benefit year must also
  823  include a statement of whether the claimant was paid the wages
  824  required under s. 443.091(1)(g) and, if so, the first day of the
  825  benefit year, the claimant’s weekly benefit amount, and the
  826  maximum total amount of benefits payable to the claimant for a
  827  benefit year. The claimant may file a request for the department
  828  to reconsider a monetary determination within 20 days after the
  829  department mails the notice to the claimant’s last known address
  830  or, in lieu of mailing, within 20 days after the delivery of the
  831  notice. A monetary determination is final for a claimant if the
  832  claimant does not file a timely request for the department to
  833  reconsider the monetary determination. A monetary
  834  redetermination is final for a claimant unless within 20 days
  835  after the mailing of the notice of monetary redetermination to
  836  the claimant’s last known address or, in lieu of mailing, within
  837  20 days after the delivery of the notice, the claimant files an
  838  appeal. The monetary determination or monetary redetermination
  839  is final for an employer or other party entitled to notice
  840  unless within 20 days after the mailing of the respective notice
  841  to the employer or party to its last known address or, in lieu
  842  of mailing, within 20 days after delivery of the notice, an
  843  appeal is filed by the employer or the party The monetary
  844  determination is final unless within 20 days after the mailing
  845  of the notices to the parties’ last known addresses, or in lieu
  846  of mailing, within 20 days after the delivery of the notices, an
  847  appeal or written request for reconsideration is filed by the
  848  claimant or other party entitled to notice. The department may
  849  adopt rules as necessary to implement the processes described in
  850  this paragraph relating to notices of monetary determinations
  851  and the appeals or reconsideration requests filed in response to
  852  such notices.
  853         (4) APPEALS.—
  854         (a) Appeals referees.—
  855         1. The Department of Economic Opportunity shall appoint one
  856  or more impartial salaried appeals referees in accordance with
  857  s. 443.171(3) to hear and decide appealed claims.
  858         2. An appeals referee must be an attorney in good standing
  859  with The Florida Bar or be successfully admitted to The Florida
  860  Bar within 8 months after his or her date of employment. This
  861  subparagraph does not apply to an appeals referee appointed
  862  before January 1, 2014.
  863         3. A person may not participate on behalf of the department
  864  as an appeals referee in any case in which she or he is an
  865  interested party.
  866         3.4. The department may designate alternates to serve in
  867  the absence or disqualification of any appeals referee on a
  868  temporary basis. These alternates must have the same
  869  qualifications required of appeals referees.
  870         4.5. The department shall provide the commission and the
  871  appeals referees with proper facilities and assistance for the
  872  execution of their functions.
  873         (b) Filing and hearing.—
  874         1. The claimant or any other party entitled to notice of a
  875  determination may appeal an adverse determination to an appeals
  876  referee within 20 days after the date of mailing of the notice
  877  to her or his last known address or, if the notice is not
  878  mailed, within 20 days after the date of delivering the notice.
  879         2. Unless the appeal is untimely or withdrawn or review is
  880  initiated by the commission, the appeals referee, after mailing
  881  all parties and attorneys of record a notice of hearing at least
  882  10 days before the date of hearing, notwithstanding the 14-day
  883  notice requirement in s. 120.569(2)(b), may only affirm, modify,
  884  or reverse the determination. An appeal may not be withdrawn
  885  without the permission of the appeals referee.
  886         3. However, If an appeal appears to have been filed after
  887  the permissible time limit, the Office of Appeals may issue an
  888  order to show cause to the appellant which requires the
  889  appellant to show why the appeal should not be dismissed as
  890  untimely. If, within 15 days after the mailing date of the order
  891  to show cause, the appellant does not provide written evidence
  892  of timely filing or good cause for failure to appeal timely, the
  893  appeal shall be dismissed. However, an appeal may not be filed
  894  more than 5 years after the date of the mailing of the
  895  determination or, if the determination is not mailed, more than
  896  5 years after the date of the delivery of the determination.
  897         4. If an appeal involves a question of whether services
  898  were performed by a claimant in employment or for an employer,
  899  the referee must give special notice of the question and of the
  900  pendency of the appeal to the employing unit and to the
  901  department, both of which become parties to the proceeding.
  902         5.a. Any part of the evidence may be received in written
  903  form, and all testimony of parties and witnesses shall be made
  904  under oath.
  905         b. Irrelevant, immaterial, or unduly repetitious evidence
  906  shall be excluded, but all other evidence of a type commonly
  907  relied upon by reasonably prudent persons in the conduct of
  908  their affairs is admissible, whether or not such evidence would
  909  be admissible in a trial in state court.
  910         c. Hearsay evidence may be used for the purpose of
  911  supplementing or explaining other evidence, or to support a
  912  finding if it would be admissible over objection in civil
  913  actions. Notwithstanding s. 120.57(1)(c), hearsay evidence may
  914  support a finding of fact if:
  915         (I) The party against whom it is offered has a reasonable
  916  opportunity to review such evidence prior to the hearing; and
  917         (II) The appeals referee or special deputy determines,
  918  after considering all relevant facts and circumstances, that the
  919  evidence is trustworthy and probative and that the interests of
  920  justice are best served by its admission into evidence.
  921         6. The parties must be notified promptly of the referee’s
  922  decision. The referee’s decision is final unless further review
  923  is initiated under paragraph (c) within 20 days after the date
  924  of mailing notice of the decision to the party’s last known
  925  address or, in lieu of mailing, within 20 days after the
  926  delivery of the notice.
  927         Section 15. Paragraph (d) of subsection (3) of section
  928  445.004, Florida Statutes, is amended, and subsections (1) and
  929  (2) of that section are republished, to read:
  930         445.004 CareerSource Florida, Inc., and the state board;
  931  creation; purpose; membership; duties and powers.—
  932         (1) CareerSource Florida, Inc., is created as a not-for
  933  profit corporation, which shall be registered, incorporated,
  934  organized, and operated in compliance with chapter 617 and shall
  935  operate at the direction of the state board. CareerSource
  936  Florida, Inc., is not a unit or entity of state government and
  937  is exempt from chapters 120 and 287. CareerSource Florida, Inc.,
  938  shall apply the procurement and expenditure procedures required
  939  by federal law for the expenditure of federal funds.
  940  CareerSource Florida, Inc., shall be administratively housed
  941  within the department and shall operate under agreement with the
  942  department. The Legislature finds that public policy dictates
  943  that CareerSource Florida, Inc., operate in the most open and
  944  accessible manner consistent with its public purpose. To this
  945  end, the Legislature specifically declares that CareerSource
  946  Florida, Inc., its board, councils, and any advisory committees
  947  or similar groups created by CareerSource Florida, Inc., are
  948  subject to the provisions of chapter 119 relating to public
  949  records, and those provisions of chapter 286 relating to public
  950  meetings.
  951         (2) CareerSource Florida, Inc., provides administrative
  952  support for the state board, the principal workforce policy
  953  organization for the state. The purpose of the state board is to
  954  design and implement strategies that help Floridians enter,
  955  remain in, and advance in the workplace, so that they may become
  956  more highly skilled and successful, which benefits these
  957  Floridians, Florida businesses, and the entire state, and
  958  fosters the development of the state’s business climate.
  959  CareerSource Florida, Inc., shall, consistent with its agreement
  960  with the department, implement the policy directives of the
  961  state board and administer state workforce development programs
  962  as authorized by law.
  963         (3)
  964         (d) The state board must include the Secretary of Economic
  965  Opportunity or his or her designee, the vice chairperson of the
  966  board of directors of Enterprise Florida, Inc., and one member
  967  representing each of the Workforce Innovation and Opportunity
  968  Act partners, including the Division of Career and Adult
  969  Education, and other entities representing programs identified
  970  in the Workforce Innovation and Opportunity Act, as determined
  971  necessary.
  972         Section 16. Subsection (14) of section 553.79, Florida
  973  Statutes, is amended to read:
  974         553.79 Permits; applications; issuance; inspections.—
  975         (14)(a) Except as provided in paragraph (b), a building
  976  permit for a single-family residential dwelling must be issued
  977  within 30 working days after receipt of the application therefor
  978  unless unusual circumstances require a longer time for
  979  processing the application or unless the permit application
  980  fails to satisfy the Florida Building Code or the enforcing
  981  agency’s laws or ordinances.
  982         (b) A building permit for a single-family residential
  983  dwelling applied for by a contractor licensed in this state on
  984  behalf of a property owner who participates in a Community
  985  Development Block Grant–Disaster Recovery program administered
  986  by the Department of Economic Opportunity must be issued within
  987  15 working days after receipt of the application unless the
  988  permit application fails to satisfy the Florida Building Code or
  989  the enforcing agency’s laws or ordinances.
  990         Section 17. Paragraph (b) of subsection (2) of section
  991  14.20195, Florida Statutes, is amended to read:
  992         14.20195 Suicide Prevention Coordinating Council; creation;
  993  membership; duties.—There is created within the Statewide Office
  994  for Suicide Prevention a Suicide Prevention Coordinating
  995  Council. The council shall develop strategies for preventing
  996  suicide.
  997         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
  998  shall consist of 31 voting members and 1 nonvoting member.
  999         (b) The following state officials or their designees shall
 1000  serve on the coordinating council:
 1001         1. The Secretary of Elderly Affairs.
 1002         2. The State Surgeon General.
 1003         3. The Commissioner of Education.
 1004         4. The Secretary of Health Care Administration.
 1005         5. The Secretary of Juvenile Justice.
 1006         6. The Secretary of Corrections.
 1007         7. The executive director of the Department of Law
 1008  Enforcement.
 1009         8. The executive director of the Department of Veterans’
 1010  Affairs.
 1011         9. The Secretary of Children and Families.
 1012         10. The Secretary executive director of the Department of
 1013  Economic Opportunity.
 1014         Section 18. Paragraph (j) of subsection (1) of section
 1015  16.615, Florida Statutes, is amended to read:
 1016         16.615 Council on the Social Status of Black Men and Boys.—
 1017         (1) The Council on the Social Status of Black Men and Boys
 1018  is established within the Department of Legal Affairs and shall
 1019  consist of 19 members appointed as follows:
 1020         (j) The Secretary executive director of the Department of
 1021  Economic Opportunity or his or her designee.
 1022         Section 19. Subsection (3) and paragraph (b) of subsection
 1023  (7) of section 20.04, Florida Statutes, are amended to read:
 1024         20.04 Structure of executive branch.—The executive branch
 1025  of state government is structured as follows:
 1026         (3) For their internal structure, all departments, except
 1027  for the Department of Financial Services, the Department of
 1028  Economic Opportunity, the Department of Children and Families,
 1029  the Department of Corrections, the Department of Management
 1030  Services, the Department of Revenue, and the Department of
 1031  Transportation, must adhere to the following standard terms:
 1032         (a) The principal unit of the department is the “division.”
 1033  Each division is headed by a “director.”
 1034         (b) The principal unit of the division is the “bureau.”
 1035  Each bureau is headed by a “chief.”
 1036         (c) The principal unit of the bureau is the “section.” Each
 1037  section is headed by an “administrator.”
 1038         (d) If further subdivision is necessary, sections may be
 1039  divided into “subsections,” which are headed by “supervisors.”
 1040         (7)
 1041         (b) Within the limitations of this subsection, the head of
 1042  the department may recommend the establishment of additional
 1043  divisions, bureaus, sections, and subsections of the department
 1044  to promote efficient and effective operation of the department.
 1045  However, additional divisions, or offices in the Department of
 1046  Children and Families, the Department of Corrections, the
 1047  Department of Economic Opportunity, and the Department of
 1048  Transportation, may be established only by specific statutory
 1049  enactment. New bureaus, sections, and subsections of departments
 1050  may be initiated by a department and established as recommended
 1051  by the Department of Management Services and approved by the
 1052  Executive Office of the Governor, or may be established by
 1053  specific statutory enactment.
 1054         Section 20. Paragraph (a) of subsection (7) of section
 1055  213.053, Florida Statutes, is amended to read:
 1056         213.053 Confidentiality and information sharing.—
 1057         (7)(a) Any information received by the Department of
 1058  Revenue in connection with the administration of taxes,
 1059  including, but not limited to, information contained in returns,
 1060  reports, accounts, or declarations filed by persons subject to
 1061  tax, shall be made available to the following in performance of
 1062  their official duties:
 1063         1. The Auditor General or his or her authorized agent;
 1064         2. The director of the Office of Program Policy Analysis
 1065  and Government Accountability or his or her authorized agent;
 1066         3. The Chief Financial Officer or his or her authorized
 1067  agent;
 1068         4. The Director of the Office of Insurance Regulation of
 1069  the Financial Services Commission or his or her authorized
 1070  agent;
 1071         5. A property appraiser or tax collector or their
 1072  authorized agents pursuant to s. 195.084(1);
 1073         6. Designated employees of the Department of Education
 1074  solely for determination of each school district’s price level
 1075  index pursuant to s. 1011.62(2);
 1076         7. The Secretary executive director of the Department of
 1077  Economic Opportunity or his or her authorized agent;
 1078         8. The taxpayers’ rights advocate or his or her authorized
 1079  agent pursuant to s. 20.21(3); and
 1080         9. The coordinator of the Office of Economic and
 1081  Demographic Research or his or her authorized agent.
 1082         Section 21. Paragraph (b) of subsection (5) of section
 1083  220.194, Florida Statutes, is amended to read:
 1084         220.194 Corporate income tax credits for spaceflight
 1085  projects.—
 1087         (b) In order to take a tax credit under subparagraph (a)1.
 1088  or, if applicable, to transfer an approved credit under
 1089  subparagraph (a)2., a spaceflight business must submit an
 1090  application for certification to the Department of Economic
 1091  Opportunity along with a nonrefundable $250 fee.
 1092         1. The application must include:
 1093         a. The name and physical in-state address of the taxpayer.
 1094         b. Documentation demonstrating to the satisfaction of the
 1095  Department of Economic Opportunity that:
 1096         (I) The taxpayer is a spaceflight business.
 1097         (II) The business has engaged in a qualifying spaceflight
 1098  project before taking or transferring a credit under this
 1099  section.
 1100         c. In addition to any requirement specific to a credit,
 1101  documentation that the business has:
 1102         (I) Created 35 new jobs in this state directly associated
 1103  with spaceflight projects during its immediately preceding 3
 1104  taxable years. The business shall be deemed to have created new
 1105  jobs if the number of full-time jobs located in this state at
 1106  the time of application for certification is greater than the
 1107  total number of full-time jobs located in this state at the time
 1108  of application for approval to earn credits; and
 1109         (II) Invested a total of at least $15 million in this state
 1110  on a spaceflight project during its immediately preceding 3
 1111  taxable years.
 1112         d. The total amount and types of credits sought.
 1113         e. An acknowledgment that a transfer of a tax credit is to
 1114  be accomplished pursuant to subsection (5).
 1115         f. A copy of an audit or audits of the preceding 3 taxable
 1116  years, prepared by a certified public accountant licensed to
 1117  practice in this state, which identifies that portion of the
 1118  business’s activities in this state related to spaceflight
 1119  projects in this state.
 1120         g. An acknowledgment that the business must file an annual
 1121  report on the spaceflight project’s progress with the Department
 1122  of Economic Opportunity.
 1123         h. Any other information necessary to demonstrate that the
 1124  applicant meets the job creation, investment, and other
 1125  requirements of this section.
 1126         2. Within 60 days after receipt of the application for
 1127  certification, the Department of Economic Opportunity shall
 1128  evaluate the application and recommend the business for
 1129  certification or denial. The Secretary executive director of the
 1130  Department of Economic Opportunity must approve or deny the
 1131  application within 30 days after receiving the recommendation.
 1132  If approved, the Department of Economic Opportunity must provide
 1133  a letter of certification to the applicant consistent with any
 1134  restrictions imposed. If the Department of Economic Opportunity
 1135  denies any part of the requested credit, the Department of
 1136  Economic Opportunity must inform the applicant of the grounds
 1137  for the denial. A copy of the certification shall be submitted
 1138  to the department within 10 days after the secretary’s executive
 1139  director’s approval.
 1140         Section 22. Subsection (3) of section 288.005, Florida
 1141  Statutes, is amended to read:
 1142         288.005 Definitions.—As used in this chapter, the term:
 1143         (3) “Executive director” means the executive director of
 1144  the Department of Economic Opportunity, unless otherwise stated.
 1145         Section 23. Subsections (1) and (3), paragraph (a) of
 1146  subsection (5), and subsection (6) of section 288.061, Florida
 1147  Statutes, are amended to read:
 1148         288.061 Economic development incentive application
 1149  process.—
 1150         (1) Upon receiving a submitted economic development
 1151  incentive application, the Division of Strategic Business
 1152  Development of the Department of Economic Opportunity and
 1153  designated staff of Enterprise Florida, Inc., shall review the
 1154  application to ensure that the application is complete, whether
 1155  and what type of state and local permits may be necessary for
 1156  the applicant’s project, whether it is possible to waive such
 1157  permits, and what state incentives and amounts of such
 1158  incentives may be available to the applicant. The department
 1159  shall recommend to the Secretary of Economic Opportunity
 1160  executive director to approve or disapprove an applicant
 1161  business. If review of the application demonstrates that the
 1162  application is incomplete, the secretary executive director
 1163  shall notify the applicant business within the first 5 business
 1164  days after receiving the application.
 1165         (3) Within 10 business days after the department receives
 1166  the submitted economic development incentive application, the
 1167  Secretary of Economic Opportunity executive director shall
 1168  approve or disapprove the application and issue a letter of
 1169  certification to the applicant which includes a justification of
 1170  that decision, unless the business requests an extension of that
 1171  time.
 1172         (a) The contract or agreement with the applicant must
 1173  specify the total amount of the award, the performance
 1174  conditions that must be met to obtain the award, the schedule
 1175  for payment, and sanctions that would apply for failure to meet
 1176  performance conditions. The department may enter into one
 1177  agreement or contract covering all of the state incentives that
 1178  are being provided to the applicant. The contract must provide
 1179  that release of funds is contingent upon sufficient
 1180  appropriation of funds by the Legislature.
 1181         (b) The release of funds for the incentive or incentives
 1182  awarded to the applicant depends upon the statutory requirements
 1183  of the particular incentive program.
 1184         (5)(a) The Secretary of Economic Opportunity executive
 1185  director may not approve an economic development incentive
 1186  application unless the application includes a signed written
 1187  declaration by the applicant which states that the applicant has
 1188  read the information in the application and that the information
 1189  is true, correct, and complete to the best of the applicant’s
 1190  knowledge and belief.
 1191         (6) Beginning July 1, 2020, the Secretary of Economic
 1192  Opportunity executive director may not approve an economic
 1193  development incentive application unless the application
 1194  includes proof to the department that the applicant business is
 1195  registered with and uses the E-Verify system, as defined in s.
 1196  448.095, to verify the work authorization status of all newly
 1197  hired employees. If the department determines that an awardee is
 1198  not complying with this subsection, the department must notify
 1199  the awardee by certified mail of the department’s determination
 1200  of noncompliance and the awardee’s right to appeal the
 1201  determination. Upon a final determination of noncompliance, the
 1202  awardee must repay all moneys received as an economic
 1203  development incentive to the department within 30 days after the
 1204  final determination.
 1205         Section 24. Paragraph (a) of subsection (6) of section
 1206  288.0656, Florida Statutes, is amended to read:
 1207         288.0656 Rural Economic Development Initiative.—
 1208         (6)(a) By August 1 of each year, the head of each of the
 1209  following agencies and organizations shall designate a deputy
 1210  secretary or higher-level staff person from within the agency or
 1211  organization to serve as the REDI representative for the agency
 1212  or organization:
 1213         1. The Department of Transportation.
 1214         2. The Department of Environmental Protection.
 1215         3. The Department of Agriculture and Consumer Services.
 1216         4. The Department of State.
 1217         5. The Department of Health.
 1218         6. The Department of Children and Families.
 1219         7. The Department of Corrections.
 1220         8. The Department of Education.
 1221         9. The Department of Juvenile Justice.
 1222         10. The Fish and Wildlife Conservation Commission.
 1223         11. Each water management district.
 1224         12. Enterprise Florida, Inc.
 1225         13. CareerSource Florida, Inc.
 1226         14. VISIT Florida.
 1227         15. The Florida Regional Planning Council Association.
 1228         16. The Agency for Health Care Administration.
 1229         17. The Institute of Food and Agricultural Sciences (IFAS).
 1231  An alternate for each designee shall also be chosen, and the
 1232  names of the designees and alternates shall be sent to the
 1233  Secretary of Economic Opportunity executive director of the
 1234  department.
 1235         Section 25. Paragraph (c) of subsection (5) and subsection
 1236  (8) of section 288.106, Florida Statutes, are amended to read:
 1237         288.106 Tax refund program for qualified target industry
 1238  businesses.—
 1239         (5) TAX REFUND AGREEMENT.—
 1240         (c) The agreement must be signed by the Secretary of
 1241  Economic Opportunity executive director and by an authorized
 1242  officer of the qualified target industry business within 120
 1243  days after the issuance of the letter of certification under
 1244  subsection (4), but not before passage and receipt of the
 1245  resolution of local financial support. The department may grant
 1246  an extension of this period at the written request of the
 1247  qualified target industry business.
 1248         (8) SPECIAL INCENTIVES.—If the department determines it is
 1249  in the best interest of the public for reasons of facilitating
 1250  economic development, growth, or new employment opportunities
 1251  within a Disproportionally Affected County, the department may,
 1252  between July 1, 2011, and June 30, 2014, waive any or all wage
 1253  or local financial support eligibility requirements and allow a
 1254  qualified target industry business from another state which
 1255  relocates all or a portion of its business to a
 1256  Disproportionally Affected County to receive a tax refund
 1257  payment of up to $6,000 multiplied by the number of jobs
 1258  specified in the tax refund agreement under subparagraph
 1259  (5)(a)1. over the term of the agreement. Before Prior to
 1260  granting such waiver, the Secretary of Economic Opportunity
 1261  executive director of the department shall file with the
 1262  Governor a written statement of the conditions and circumstances
 1263  constituting the reason for the waiver. Such business shall be
 1264  eligible for the additional tax refund payments specified in
 1265  subparagraph (3)(b)4. if it meets the criteria. As used in this
 1266  section, the term “Disproportionally Affected County” means Bay
 1267  County, Escambia County, Franklin County, Gulf County, Okaloosa
 1268  County, Santa Rosa County, Walton County, or Wakulla County.
 1269         Section 26. Subsection (5) of section 288.1089, Florida
 1270  Statutes, is amended to read:
 1271         288.1089 Innovation Incentive Program.—
 1272         (5) The department shall review proposals pursuant to s.
 1273  288.061 for all three categories of innovation incentive awards.
 1274  Before making a recommendation to the Secretary of Economic
 1275  Opportunity executive director, the department shall solicit
 1276  comments and recommendations from the Department of Agriculture
 1277  and Consumer Services. For each project, the evaluation and
 1278  recommendation to the department must include, but need not be
 1279  limited to:
 1280         (a) A description of the project, its required facilities,
 1281  and the associated product, service, or research and development
 1282  associated with the project.
 1283         (b) The percentage of match provided for the project.
 1284         (c) The number of full-time equivalent jobs that will be
 1285  created by the project, the total estimated average annual wages
 1286  of such jobs, and the types of business activities and jobs
 1287  likely to be stimulated by the project.
 1288         (d) The cumulative investment to be dedicated to the
 1289  project within 5 years and the total investment expected in the
 1290  project if more than 5 years.
 1291         (e) The projected economic and fiscal impacts on the local
 1292  and state economies relative to investment.
 1293         (f) A statement of any special impacts the project is
 1294  expected to stimulate in a particular business sector in the
 1295  state or regional economy or in the state’s universities and
 1296  community colleges.
 1297         (g) A statement of any anticipated or proposed
 1298  relationships with state universities.
 1299         (h) A statement of the role the incentive is expected to
 1300  play in the decision of the applicant to locate or expand in
 1301  this state.
 1302         (i) A recommendation and explanation of the amount of the
 1303  award needed to cause the applicant to expand or locate in this
 1304  state.
 1305         (j) A discussion of the efforts and commitments made by the
 1306  local community in which the project is to be located to induce
 1307  the applicant’s location or expansion, taking into consideration
 1308  local resources and abilities.
 1309         (k) A recommendation for specific performance criteria the
 1310  applicant would be expected to achieve in order to receive
 1311  payments from the fund and penalties or sanctions for failure to
 1312  meet or maintain performance conditions.
 1313         (l) Additional evaluative criteria for a research and
 1314  development facility project, including:
 1315         1. A description of the extent to which the project has the
 1316  potential to serve as catalyst for an emerging or evolving
 1317  cluster.
 1318         2. A description of the extent to which the project has or
 1319  could have a long-term collaborative research and development
 1320  relationship with one or more universities or community colleges
 1321  in this state.
 1322         3. A description of the existing or projected impact of the
 1323  project on established clusters or targeted industry sectors.
 1324         4. A description of the project’s contribution to the
 1325  diversity and resiliency of the innovation economy of this
 1326  state.
 1327         5. A description of the project’s impact on special needs
 1328  communities, including, but not limited to, rural areas,
 1329  distressed urban areas, and enterprise zones.
 1330         (m) Additional evaluative criteria for alternative and
 1331  renewable energy proposals, including:
 1332         1. The availability of matching funds or other in-kind
 1333  contributions applied to the total project from an applicant.
 1334  The Department of Agriculture and Consumer Services shall give
 1335  greater preference to projects that provide such matching funds
 1336  or other in-kind contributions.
 1337         2. The degree to which the project stimulates in-state
 1338  capital investment and economic development in metropolitan and
 1339  rural areas, including the creation of jobs and the future
 1340  development of a commercial market for renewable energy
 1341  technologies.
 1342         3. The extent to which the proposed project has been
 1343  demonstrated to be technically feasible based on pilot project
 1344  demonstrations, laboratory testing, scientific modeling, or
 1345  engineering or chemical theory that supports the proposal.
 1346         4. The degree to which the project incorporates an
 1347  innovative new technology or an innovative application of an
 1348  existing technology.
 1349         5. The degree to which a project generates thermal,
 1350  mechanical, or electrical energy by means of a renewable energy
 1351  resource that has substantial long-term production potential.
 1352         6. The degree to which a project demonstrates efficient use
 1353  of energy and material resources.
 1354         7. The degree to which the project fosters overall
 1355  understanding and appreciation of renewable energy technologies.
 1356         8. The ability to administer a complete project.
 1357         9. Project duration and timeline for expenditures.
 1358         10. The geographic area in which the project is to be
 1359  conducted in relation to other projects.
 1360         11. The degree of public visibility and interaction.
 1361         Section 27. Paragraph (b) of subsection (1) of section
 1362  288.1251, Florida Statutes, is amended to read:
 1363         288.1251 Promotion and development of entertainment
 1364  industry; Office of Film and Entertainment; creation; purpose;
 1365  powers and duties.—
 1366         (1) CREATION.—
 1367         (b) The department shall conduct a national search for a
 1368  qualified person to fill the position of Commissioner of Film
 1369  and Entertainment when the position is vacant. The Secretary of
 1370  Economic Opportunity executive director of the department has
 1371  the responsibility to hire the film commissioner. Qualifications
 1372  for the film commissioner include, but are not limited to, the
 1373  following:
 1374         1. A working knowledge of the equipment, personnel,
 1375  financial, and day-to-day production operations of the
 1376  industries to be served by the Office of Film and Entertainment;
 1377         2. Marketing and promotion experience related to the film
 1378  and entertainment industries to be served;
 1379         3. Experience working with a variety of individuals
 1380  representing large and small entertainment-related businesses,
 1381  industry associations, local community entertainment industry
 1382  liaisons, and labor organizations; and
 1383         4. Experience working with a variety of state and local
 1384  governmental agencies.
 1385         Section 28. Subsection (8) of section 288.8014, Florida
 1386  Statutes, is amended to read:
 1387         288.8014 Triumph Gulf Coast, Inc.; organization; board of
 1388  directors.—
 1389         (8) The Secretary executive director of the Department of
 1390  Economic Opportunity, or his or her designee, the secretary of
 1391  the Department of Environmental Protection, or his or her
 1392  designee, and the chair of the Committee of 8 Disproportionally
 1393  Affected Counties, or his or her designee, shall be available to
 1394  consult with the board of directors and may be requested to
 1395  attend meetings of the board of directors. These individuals
 1396  shall not be permitted to vote on any matter before the board.
 1397         Section 29. Paragraph (a) of subsection (4) of section
 1398  288.955, Florida Statutes, is amended to read:
 1399         288.955 Scripps Florida Funding Corporation.—
 1400         (4) BOARD; MEMBERSHIP.—The corporation shall be governed by
 1401  a board of directors.
 1402         (a) The board of directors shall consist of nine voting
 1403  members, of whom the Governor shall appoint three, the President
 1404  of the Senate shall appoint three, and the Speaker of the House
 1405  of Representatives shall appoint three. The Secretary of
 1406  Economic Opportunity executive director of the department or the
 1407  secretary’s director’s designee shall serve as an ex-officio,
 1408  nonvoting member of the board of directors.
 1409         Section 30. Subsection (2) of section 288.9604, Florida
 1410  Statutes, is amended to read:
 1411         288.9604 Creation of the corporation.—
 1412         (2) The board of directors of the corporation shall consist
 1413  of seven directors. The Secretary of Economic Opportunity
 1414  executive director of the department, or his or her designee,
 1415  shall serve as chair of the board of directors of the
 1416  corporation. The director of the Division of Bond Finance of the
 1417  State Board of Administration, or his or her designee, shall
 1418  serve as a director on the board of directors of the
 1419  corporation. The Governor, subject to confirmation by the
 1420  Senate, shall appoint the remaining five directors of the board
 1421  of directors of the corporation. The terms of office for the
 1422  appointed directors are for 4 years after the date of their
 1423  appointment. A vacancy occurring during a term of an appointed
 1424  director shall be filled for the unexpired term. An appointed
 1425  director is eligible for reappointment. At least three of the
 1426  appointed directors of the corporation must have experience in
 1427  finance, and one of the directors must have experience in
 1428  economic development.
 1429         Section 31. Subsection (5) of section 288.987, Florida
 1430  Statutes, is amended to read:
 1431         288.987 Florida Defense Support Task Force.—
 1432         (5) The Secretary executive director of the Department of
 1433  Economic Opportunity, or his or her designee, shall serve as the
 1434  ex officio, nonvoting executive director of the task force.
 1435         Section 32. Paragraph (a) of subsection (6) of section
 1436  290.0065, Florida Statutes, is amended to read:
 1437         290.0065 State designation of enterprise zones.—
 1438         (6)(a) The department may develop guidelines necessary for
 1439  the approval of areas under this section by the Secretary of
 1440  Economic Opportunity executive director.
 1441         Section 33. Subsection (1) of section 311.09, Florida
 1442  Statutes, is amended to read:
 1443         311.09 Florida Seaport Transportation and Economic
 1444  Development Council.—
 1445         (1) The Florida Seaport Transportation and Economic
 1446  Development Council is created within the Department of
 1447  Transportation. The council consists of the following 17
 1448  members: the port director, or the port director’s designee, of
 1449  each of the ports of Jacksonville, Port Canaveral, Port Citrus,
 1450  Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee,
 1451  St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
 1452  West, and Fernandina; the secretary of the Department of
 1453  Transportation or his or her designee; and the secretary
 1454  director of the Department of Economic Opportunity or his or her
 1455  designee.
 1456         Section 34. Paragraph (b) of subsection (1) of section
 1457  311.105, Florida Statutes, is amended to read:
 1458         311.105 Florida Seaport Environmental Management Committee;
 1459  permitting; mitigation.—
 1460         (1)
 1461         (b) The committee shall consist of the following members:
 1462  the Secretary of Environmental Protection, or his or her
 1463  designee, as an ex officio, nonvoting member; a designee from
 1464  the United States Army Corps of Engineers, as an ex officio,
 1465  nonvoting member; a designee from the Florida Inland Navigation
 1466  District, as an ex officio, nonvoting member; the Secretary
 1467  executive director of the Department of Economic Opportunity, or
 1468  his or her designee, as an ex officio, nonvoting member; and
 1469  five or more port directors, as voting members, appointed to the
 1470  committee by the council chair, who shall also designate one
 1471  such member as committee chair.
 1472         Section 35. Subsection (3) of section 334.065, Florida
 1473  Statutes, is amended to read:
 1474         334.065 Center for Urban Transportation Research.—
 1475         (3) An advisory board shall be created to periodically and
 1476  objectively review and advise the center concerning its research
 1477  program. Except for projects mandated by law, state-funded base
 1478  projects shall not be undertaken without approval of the
 1479  advisory board. The membership of the board shall consist of
 1480  nine experts in transportation-related areas, including the
 1481  secretaries of the Department Florida Departments of
 1482  Transportation, the Department of and Environmental Protection,
 1483  and the executive director of the Department of Economic
 1484  Opportunity, or their designees, and a member of the Florida
 1485  Transportation Commission. The nomination of the remaining
 1486  members of the board shall be made to the President of the
 1487  University of South Florida by the College of Engineering at the
 1488  University of South Florida, and the appointment of these
 1489  members must be reviewed and approved by the Florida
 1490  Transportation Commission and confirmed by the Board of
 1491  Governors.
 1492         Section 36. Subsection (5) of section 373.4149, Florida
 1493  Statutes, is amended to read:
 1494         373.4149 Miami-Dade County Lake Belt Plan.—
 1495         (5) The secretary of the Department of Environmental
 1496  Protection, the secretary executive director of the Department
 1497  of Economic Opportunity, the secretary of the Department of
 1498  Transportation, the Commissioner of Agriculture, the executive
 1499  director of the Fish and Wildlife Conservation Commission, and
 1500  the executive director of the South Florida Water Management
 1501  District may enter into agreements with landowners, developers,
 1502  businesses, industries, individuals, and governmental agencies
 1503  as necessary to effectuate the Miami-Dade County Lake Belt Plan
 1504  and the provisions of this section.
 1505         Section 37. Subsection (2) of section 380.045, Florida
 1506  Statutes, is amended to read:
 1507         380.045 Resource planning and management committees;
 1508  objectives; procedures.—
 1509         (2) The committee must shall include, but is shall not be
 1510  limited to, representation from each of the following: elected
 1511  officials from the local governments within the area under
 1512  study; the planning office of each of the local governments
 1513  within the area under study; the state land planning agency; any
 1514  other state agency under chapter 20 a representative of which
 1515  the Governor feels is relevant to the compilation of the
 1516  committee; and a water management district, if appropriate, and
 1517  regional planning council all or part of whose jurisdiction lies
 1518  within the area under study. After the appointment of the
 1519  members, the Governor shall select a chair and vice chair. A
 1520  staff member of the state land planning agency shall be
 1521  appointed by the secretary director of such agency to serve as
 1522  the secretary of the committee. The state land planning agency
 1523  shall, to the greatest extent possible, provide technical
 1524  assistance and administrative support to the committee. Meetings
 1525  will be called as needed by the chair or on the demand of three
 1526  or more members of the committee. The committee will act on a
 1527  simple majority of a quorum present and shall make a report
 1528  within 6 months to the head of the state land planning agency.
 1529  The committee must shall, from the time of appointment, remain
 1530  in existence for no less than 6 months.
 1531         Section 38. Subsection (5) of section 403.0752, Florida
 1532  Statutes, is amended to read:
 1533         403.0752 Ecosystem management agreements.—
 1534         (5) The Secretary Executive Director of the Department of
 1535  Economic Opportunity, the Secretary of Transportation, the
 1536  Commissioner of Agriculture, the Executive Director of the Fish
 1537  and Wildlife Conservation Commission, and the executive
 1538  directors of the water management districts are authorized to
 1539  participate in the development of ecosystem management
 1540  agreements with regulated entities and other governmental
 1541  agencies as necessary to effectuate the provisions of this
 1542  section. Local governments are encouraged to participate in
 1543  ecosystem management agreements.
 1544         Section 39. Subsection (1) of section 420.0005, Florida
 1545  Statutes, is amended to read:
 1546         420.0005 State Housing Trust Fund; State Housing Fund.—
 1547         (1) There is established in the State Treasury a separate
 1548  trust fund to be named the “State Housing Trust Fund.” There
 1549  shall be deposited in the fund all moneys appropriated by the
 1550  Legislature, or moneys received from any other source, for the
 1551  purpose of this chapter, and all proceeds derived from the use
 1552  of such moneys. The fund shall be administered by the Florida
 1553  Housing Finance Corporation on behalf of the department, as
 1554  specified in this chapter. Money deposited to the fund and
 1555  appropriated by the Legislature must, notwithstanding the
 1556  provisions of chapter 216 or s. 420.504(3), be transferred
 1557  quarterly in advance, to the extent available, or, if not so
 1558  available, as soon as received into the State Housing Trust
 1559  Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
 1560  by the Chief Financial Officer to the corporation upon
 1561  certification by the Secretary executive director of the
 1562  Department of Economic Opportunity that the corporation is in
 1563  compliance with the requirements of s. 420.0006. The
 1564  certification made by the secretary executive director shall
 1565  also include the split of funds among programs administered by
 1566  the corporation and the department as specified in chapter 92
 1567  317, Laws of Florida, as amended. Moneys advanced by the Chief
 1568  Financial Officer must be deposited by the corporation into a
 1569  separate fund established with a qualified public depository
 1570  meeting the requirements of chapter 280 to be named the “State
 1571  Housing Fund” and used for the purposes of this chapter.
 1572  Administrative and personnel costs incurred in implementing this
 1573  chapter may be paid from the State Housing Fund, but such costs
 1574  may not exceed 5 percent of the moneys deposited into such fund.
 1575  To the State Housing Fund shall be credited all loan repayments,
 1576  penalties, and other fees and charges accruing to such fund
 1577  under this chapter. It is the intent of this chapter that all
 1578  loan repayments, penalties, and other fees and charges collected
 1579  be credited in full to the program account from which the loan
 1580  originated. Moneys in the State Housing Fund which are not
 1581  currently needed for the purposes of this chapter shall be
 1582  invested in such manner as is provided for by statute. The
 1583  interest received on any such investment shall be credited to
 1584  the State Housing Fund.
 1585         Section 40. Section 420.0006, Florida Statutes, is amended
 1586  to read:
 1587         420.0006 Authority to contract with corporation; contract
 1588  requirements; nonperformance.—The Secretary executive director
 1589  of Economic Opportunity the department shall contract,
 1590  notwithstanding part I of chapter 287, with the Florida Housing
 1591  Finance Corporation on a multiyear basis to stimulate, provide,
 1592  and foster affordable housing in the state. The contract must
 1593  incorporate the performance measures required by s. 420.511 and
 1594  be consistent with the corporation’s strategic business plan
 1595  prepared in accordance with s. 420.511. The contract must
 1596  provide that if the corporation fails to comply with a
 1597  performance measure required by s. 420.511, the secretary
 1598  executive director shall notify the Governor and refer the
 1599  nonperformance to the department’s inspector general for review
 1600  and determination as to whether such failure is due to forces
 1601  beyond the corporation’s control or whether such failure is due
 1602  to inadequate management of the corporation’s resources.
 1603  Advances shall continue to be made pursuant to s. 420.0005
 1604  during the pendency of the review. If such failure is due to
 1605  outside forces, it may not be deemed a violation of the
 1606  contract. If such failure is due to inadequate management, the
 1607  department’s inspector general shall provide recommendations
 1608  regarding solutions. The Governor may resolve differences of
 1609  opinion with respect to performance under the contract and may
 1610  request that advances continue in the event of a failure under
 1611  the contract due to inadequate management. The Chief Financial
 1612  Officer shall approve the request absent a finding by the Chief
 1613  Financial Officer that continuing such advances would adversely
 1614  impact the state; however, the Chief Financial Officer shall
 1615  provide advances sufficient to meet the debt service
 1616  requirements of the corporation and sufficient to fund contracts
 1617  committing funds from the State Housing Trust Fund if such
 1618  contracts are in accordance with the laws of this state.
 1619         Section 41. Paragraph (d) of subsection (1) of section
 1620  420.101, Florida Statutes, is amended to read:
 1621         420.101 Housing Development Corporation of Florida;
 1622  creation, membership, and purposes.—
 1623         (1) Twenty-five or more persons, a majority of whom shall
 1624  be residents of this state, who may desire to create a housing
 1625  development corporation under the provisions of this part for
 1626  the purpose of promoting and developing housing and advancing
 1627  the prosperity and economic welfare of the state and, to that
 1628  end, to exercise the powers and privileges hereinafter provided,
 1629  may be incorporated by filing in the Department of State, as
 1630  hereinafter provided, articles of incorporation. The articles of
 1631  incorporation shall contain:
 1632         (d) The names and post office addresses of the members of
 1633  the first board of directors. The first board of directors shall
 1634  be elected by and from the stockholders of the corporation and
 1635  shall consist of 21 members. However, five of such members shall
 1636  consist of the following persons, who shall be nonvoting
 1637  members: the Secretary executive director of the Department of
 1638  Economic Opportunity or her or his designee; the head of the
 1639  Department of Financial Services or her or his designee with
 1640  expertise in banking matters; a designee of the head of the
 1641  Department of Financial Services with expertise in insurance
 1642  matters; one state senator appointed by the President of the
 1643  Senate; and one representative appointed by the Speaker of the
 1644  House of Representatives.
 1645         Section 42. Subsection (8) of section 420.503, Florida
 1646  Statutes, is amended to read:
 1647         420.503 Definitions.—As used in this part, the term:
 1648         (8) “Contract” means the contract between the Secretary
 1649  executive director of Economic Opportunity the department and
 1650  the corporation for provision of housing services referenced in
 1651  s. 420.0006.
 1652         Section 43. Subsections (1) and (3) of section 420.504,
 1653  Florida Statutes, are amended to read:
 1654         420.504 Public corporation; creation, membership, terms,
 1655  expenses.—
 1656         (1) A public corporation and a public body corporate and
 1657  politic, to be known as the “Florida Housing Finance
 1658  Corporation,” is created within the Department of Economic
 1659  Opportunity. It is declared to be the intent of and
 1660  constitutional construction by the Legislature that the Florida
 1661  Housing Finance Corporation constitutes an entrepreneurial
 1662  public corporation organized to provide and promote the public
 1663  welfare by administering the governmental function of financing
 1664  or refinancing housing and related facilities in this state and
 1665  that the corporation is not a department of the executive branch
 1666  of state government within the scope and meaning of s. 6, Art.
 1667  IV of the State Constitution, but is functionally related to the
 1668  Department of Economic Opportunity in which it is placed. The
 1669  executive function of state government to be performed by the
 1670  Secretary executive director of the Department of Economic
 1671  Opportunity in the conduct of the business of the Florida
 1672  Housing Finance Corporation must be performed pursuant to a
 1673  contract to monitor and set performance standards for the
 1674  implementation of the business plan for the provision of housing
 1675  approved for the corporation as provided in s. 420.0006. This
 1676  contract must include performance standards for the provision of
 1677  affordable housing in this state established in the strategic
 1678  business plan described in s. 420.511.
 1679         (3) The corporation is a separate budget entity and is not
 1680  subject to control, supervision, or direction by the Department
 1681  of Economic Opportunity in any manner, including, but not
 1682  limited to, personnel, purchasing, transactions involving real
 1683  or personal property, and budgetary matters. The corporation
 1684  shall consist of a board of directors composed of the Secretary
 1685  executive director of the Department of Economic Opportunity as
 1686  an ex officio and voting member, or a senior-level agency
 1687  employee designated by the secretary director, and eight members
 1688  appointed by the Governor subject to confirmation by the Senate
 1689  from the following:
 1690         (a) One citizen actively engaged in the residential home
 1691  building industry.
 1692         (b) One citizen actively engaged in the banking or mortgage
 1693  banking industry.
 1694         (c) One citizen who is a representative of those areas of
 1695  labor engaged in home building.
 1696         (d) One citizen with experience in housing development who
 1697  is an advocate for low-income persons.
 1698         (e) One citizen actively engaged in the commercial building
 1699  industry.
 1700         (f) One citizen who is a former local government elected
 1701  official.
 1702         (g) Two citizens of the state who are not principally
 1703  employed as members or representatives of any of the groups
 1704  specified in paragraphs (a)-(f).
 1705         Section 44. Subsection (1) of section 420.506, Florida
 1706  Statutes, is amended to read:
 1707         420.506 Executive director; agents and employees; inspector
 1708  general.—
 1709         (1) The appointment and removal of an executive director
 1710  shall be by the Secretary executive director of the Department
 1711  of Economic Opportunity, with the advice and consent of the
 1712  corporation’s board of directors. The executive director shall
 1713  employ legal and technical experts and such other agents and
 1714  employees, permanent and temporary, as the corporation may
 1715  require, and shall communicate with and provide information to
 1716  the Legislature with respect to the corporation’s activities.
 1717  Notwithstanding s. 216.262, the board may develop and implement
 1718  rules regarding the employment of employees of the corporation
 1719  and service providers, including legal counsel. The board is
 1720  entitled to establish travel procedures and guidelines for
 1721  employees of the corporation, subject to s. 112.061(6) and (7).
 1722  The executive director’s office and the corporation’s files and
 1723  records must be located in Leon County.
 1724         Section 45. Subsection (30) of section 420.507, Florida
 1725  Statutes, is amended to read:
 1726         420.507 Powers of the corporation.—The corporation shall
 1727  have all the powers necessary or convenient to carry out and
 1728  effectuate the purposes and provisions of this part, including
 1729  the following powers which are in addition to all other powers
 1730  granted by other provisions of this part:
 1731         (30) To prepare and submit to the Secretary executive
 1732  director of Economic Opportunity the department a budget request
 1733  for purposes of the corporation, which request shall,
 1734  notwithstanding the provisions of chapter 216 and in accordance
 1735  with s. 216.351, contain a request for operational expenditures
 1736  and separate requests for other authorized corporation programs.
 1737  The request need not contain information on the number of
 1738  employees, salaries, or any classification thereof, and the
 1739  approved operating budget therefor need not comply with s.
 1740  216.181(8)-(10). The secretary executive director may include
 1741  within the department’s budget request the corporation’s budget
 1742  request in the form as authorized by this section.
 1743         Section 46. Subsection (2) of section 420.511, Florida
 1744  Statutes, is amended to read:
 1745         420.511 Strategic business plan; long-range program plan;
 1746  annual report; audited financial statements.—
 1747         (2) The corporation, in coordination with the department,
 1748  shall annually develop a long-range program plan for the
 1749  provision of affordable housing in this state as required
 1750  pursuant to chapter 186. In part, the plan must include
 1751  provisions that maximize the abilities of the corporation to
 1752  implement the state housing strategy established under s.
 1753  420.0003, to respond to federal housing initiatives, and to
 1754  develop programs in a manner that is more responsive to the
 1755  needs of public and private partners. The plan shall be
 1756  developed on a schedule consistent with that established by s.
 1757  186.021. For purposes of this section, the Secretary of Economic
 1758  Opportunity executive director or his or her designee shall
 1759  serve as the corporation’s representative to achieve a
 1760  coordinated and integrated planning relationship with the
 1761  department.
 1762         Section 47. Subsection (7) of section 420.602, Florida
 1763  Statutes, is amended to read:
 1764         420.602 Definitions.—As used in this part, the following
 1765  terms shall have the following meanings, unless the context
 1766  otherwise requires:
 1767         (7) “Director” means the executive director of the
 1768  Department of Economic Opportunity.
 1769         Section 48. Subsection (5) of section 420.609, Florida
 1770  Statutes, is amended to read:
 1771         420.609 Affordable Housing Study Commission.—Because the
 1772  Legislature firmly supports affordable housing in Florida for
 1773  all economic classes:
 1774         (5) The commission shall review, evaluate, and make
 1775  recommendations regarding existing and proposed housing programs
 1776  and initiatives. The commission shall provide these and any
 1777  other housing recommendations to the Secretary director of
 1778  Economic Opportunity the department and the executive director
 1779  of the corporation.
 1780         Section 49. Subsection (2) of section 420.622, Florida
 1781  Statutes, is amended to read:
 1782         420.622 State Office on Homelessness; Council on
 1783  Homelessness.—
 1784         (2) The Council on Homelessness is created to consist of 19
 1785  representatives of public and private agencies who shall develop
 1786  policy and advise the State Office on Homelessness. The council
 1787  members shall be: the Secretary of Children and Families, or his
 1788  or her designee; the Secretary executive director of the
 1789  Department of Economic Opportunity, or his or her designee, who
 1790  shall advise the council on issues related to rural development;
 1791  the State Surgeon General, or his or her designee; the Executive
 1792  Director of Veterans’ Affairs, or his or her designee; the
 1793  Secretary of Corrections, or his or her designee; the Secretary
 1794  of Health Care Administration, or his or her designee; the
 1795  Commissioner of Education, or his or her designee; the Executive
 1796  Director of CareerSource Florida, Inc., or his or her designee;
 1797  one representative of the Florida Association of Counties; one
 1798  representative of the Florida League of Cities; one
 1799  representative of the Florida Supportive Housing Coalition; one
 1800  representative of the Florida Housing Coalition; the Executive
 1801  Director of the Florida Housing Finance Corporation, or his or
 1802  her designee; one representative of the Florida Coalition for
 1803  the Homeless; the secretary of the Department of Elder Affairs,
 1804  or his or her designee; and four members appointed by the
 1805  Governor. The council members shall be nonpaid volunteers and
 1806  shall be reimbursed only for travel expenses. The appointed
 1807  members of the council shall be appointed to staggered 2-year
 1808  terms and are encouraged to have experience in the
 1809  administration or provision of resources, services, or housing
 1810  that addresses the needs of persons experiencing homelessness.
 1811  The council shall meet at least four times per year. The
 1812  importance of minority, gender, and geographic representation
 1813  shall be considered in appointing members to the council.
 1814         Section 50. Paragraph (g) of subsection (1) of section
 1815  427.012, Florida Statutes, is amended to read:
 1816         427.012 The Commission for the Transportation
 1817  Disadvantaged.—There is created the Commission for the
 1818  Transportation Disadvantaged in the Department of
 1819  Transportation.
 1820         (1) The commission shall consist of seven members, all of
 1821  whom shall be appointed by the Governor, in accordance with the
 1822  requirements of s. 20.052.
 1823         (g) The Secretary of Transportation, the Secretary of
 1824  Children and Families, the Secretary executive director of the
 1825  Department of Economic Opportunity, the executive director of
 1826  the Department of Veterans’ Affairs, the Secretary of Elderly
 1827  Affairs, the Secretary of Health Care Administration, the
 1828  director of the Agency for Persons with Disabilities, and a
 1829  county manager or administrator who is appointed by the
 1830  Governor, or a senior management level representative of each,
 1831  shall serve as ex officio, nonvoting advisors to the commission.
 1832         Section 51. Subsections (2), (3), and (4) of section
 1833  443.1116, Florida Statutes, are amended to read:
 1834         443.1116 Short-time compensation.—
 1836  wishing to participate in the short-time compensation program
 1837  must submit a signed, written, short-time plan to the Department
 1838  of Economic Opportunity for approval. The Secretary of Economic
 1839  Opportunity director or his or her designee shall approve the
 1840  plan if:
 1841         (a) The plan applies to and identifies each specific
 1842  affected unit;
 1843         (b) The individuals in the affected unit are identified by
 1844  name and social security number;
 1845         (c) The normal weekly hours of work for individuals in the
 1846  affected unit are reduced by at least 10 percent and by not more
 1847  than 40 percent;
 1848         (d) The plan includes a certified statement by the employer
 1849  that the aggregate reduction in work hours is in lieu of layoffs
 1850  that would affect at least 10 percent of the employees in the
 1851  affected unit and that would have resulted in an equivalent
 1852  reduction in work hours;
 1853         (e) The plan applies to at least 10 percent of the
 1854  employees in the affected unit;
 1855         (f) The plan is approved in writing by the collective
 1856  bargaining agent for each collective bargaining agreement
 1857  covering any individual in the affected unit;
 1858         (g) The plan does not serve as a subsidy to seasonal
 1859  employers during the off-season or as a subsidy to employers who
 1860  traditionally use part-time employees;
 1861         (h) The plan certifies that, if the employer provides
 1862  fringe benefits to any employee whose workweek is reduced under
 1863  the program, the fringe benefits will continue to be provided to
 1864  the employee participating in the short-time compensation
 1865  program under the same terms and conditions as though the
 1866  workweek of such employee had not been reduced or to the same
 1867  extent as other employees not participating in the short-time
 1868  compensation program. As used in this paragraph, the term
 1869  “fringe benefits” includes, but is not limited to, health
 1870  insurance, retirement benefits under defined benefit pension
 1871  plans as defined in subsection 35 of s. 1002 of the Employee
 1872  Retirement Income Security Act of 1974, 29 U.S.C., contributions
 1873  under a defined contribution plan as defined in s. 414(i) of the
 1874  Internal Revenue Code, paid vacation and holidays, and sick
 1875  leave;
 1876         (i) The plan describes the manner in which the requirements
 1877  of this subsection will be implemented, including a plan for
 1878  giving notice, if feasible, to an employee whose workweek is to
 1879  be reduced, together with an estimate of the number of layoffs
 1880  that would have occurred absent the ability to participate in
 1881  short-time compensation; and
 1882         (j) The terms of the employer’s written plan and
 1883  implementation are consistent with employer obligations under
 1884  applicable federal laws and laws of this state.
 1885         (3) APPROVAL OR DISAPPROVAL OF THE PLAN.—The Secretary of
 1886  Economic Opportunity director or his or her designee shall
 1887  approve or disapprove a short-time compensation plan in writing
 1888  within 15 days after its receipt. If the plan is denied, the
 1889  secretary director or his or her designee shall notify the
 1890  employer of the reasons for disapproval.
 1892  BENEFIT PERIOD.—A plan takes effect on the date of its approval
 1893  by the Secretary of Economic Opportunity director or his or her
 1894  designee and expires at the end of the 12th full calendar month
 1895  after its effective date.
 1896         Section 52. Paragraph (d) of subsection (2) of section
 1897  446.53, Florida Statutes, is amended to read:
 1898         446.53 Concrete masonry education.—
 1899         (2)
 1900         (d) In addition to the 13 voting members described in
 1901  paragraph (a), the Secretary executive director of the
 1902  Department of Economic Opportunity, or his or her designee,
 1903  shall serve ex officio as a nonvoting member of the board of
 1904  directors of the council.
 1905         Section 53. Section 450.261, Florida Statutes, is amended
 1906  to read:
 1907         450.261 Interstate Migrant Labor Commission; Florida
 1908  membership.—In selecting the Florida membership of the
 1909  Interstate Migrant Labor Commission, the Governor may designate
 1910  the Secretary executive director of the Department of Economic
 1911  Opportunity as his or her representative.
 1912         Section 54. Paragraph (d) of subsection (1), paragraph (a)
 1913  of subsection (4), and paragraphs (b), (c), and (d) of
 1914  subsection (5) of section 624.5105, Florida Statutes, are
 1915  amended to read:
 1916         624.5105 Community contribution tax credit; authorization;
 1917  limitations; eligibility and application requirements;
 1918  administration; definitions; expiration.—
 1920         (d) Each proposal for the granting of such tax credit
 1921  requires the prior approval of the Secretary of Economic
 1922  Opportunity director.
 1923         (4) ADMINISTRATION.—
 1924         (a)1. The Department of Economic Opportunity may adopt
 1925  rules to administer this section, including rules for the
 1926  approval or disapproval of proposals by insurers.
 1927         2. The decision of the Secretary of Economic Opportunity
 1928  director shall be in writing, and, if approved, the proposal
 1929  shall state the maximum credit allowable to the insurer. A copy
 1930  of the decision shall be transmitted to the executive director
 1931  of the Department of Revenue, who shall apply such credit to the
 1932  tax liability of the insurer.
 1933         3. The Department of Economic Opportunity shall monitor all
 1934  projects periodically, in a manner consistent with available
 1935  resources to ensure that resources are utilized in accordance
 1936  with this section; however, each project shall be reviewed no
 1937  less frequently than once every 2 years.
 1938         4. The Department of Economic Opportunity shall, in
 1939  consultation with the Florida Housing Finance Corporation and
 1940  the statewide and regional housing and financial intermediaries,
 1941  market the availability of the community contribution tax credit
 1942  program to community-based organizations.
 1943         (5) DEFINITIONS.—As used in this section, the term:
 1944         (b) “Director” means the director of the Department of
 1945  Economic Opportunity.
 1946         (b)(c) “Local government” means any county or incorporated
 1947  municipality in the state.
 1948         (c)(d) “Project” means an activity as defined in s.
 1949  220.03(1)(t).
 1950         Section 55. Paragraph (f) of subsection (2) of section
 1951  1004.015, Florida Statutes, is amended to read:
 1952         1004.015 Florida Talent Development Council.—
 1953         (2) Members of the council shall include:
 1954         (f) The Secretary executive director of the Department of
 1955  Economic Opportunity.
 1956         Section 56. This act shall take effect upon becoming a law.