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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Economic Opportunity


Status: (Introduced - Dead) 2021-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1463 (Ch. 2021-25) [S1948 Detail]

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